Agenda of Ordinary Council - Thursday, 14 December 2023

UNCONFIRMED MINUTES

Ordinary Council Meeting

16/11/2023

PRESENT

Members:

Councillor Lauren Edwards (Chairperson)

Councillor Lisa Intemann

Councillor Nik Lipovac

Councillor Danielle Maltman

Councillor Adam Roberts

Councillor Rachel Sheppard

Other Attendees:

Chief Executive Officer (Dr Clare Allen)

Director Business and Performance (Keith Hentschke)

Director Community, Planning and Environment (Melissa Watkins)

Director Community Infrastructure (Robert Fish)

Director Community Utilities (Jeffery Sharp)

Group Manager Governance (Michael Ferguson)

Governance Officer (Tania Ellis)

The meeting opened at 3.00pm.

As Mayor Peta Pinson provided an apology for this meeting, an election of chairperson was undertaken.

ELECTION OF CHAIRPERSON

The Chief Executive Officer, acting as Returning Officer, called for nominations for Chairperson.

The Returning Officer, advised that a nomination for Chairperson had been received for Councillor Edwards.

As no other nominations were received, the Chief Executive Officer declared that Councillor Edwards is elected Chairperson.

Councillor Edwards assumed the chair.

01 ACKNOWLEDGEMENT OF COUNTRY

The Chairperson opened the Meeting with an Acknowledgement of Country and welcomed all in attendance in the Chamber and viewing on line.

02 REMOTE ATTENDANCE AT MEETING

Nil

03 LOCAL GOVERNMENT PRAYER

Pastor Caroline Dennis from the Lifeway Church Port Macquarie delivered the Local Government Prayer.

04 APOLOGIES

RESOLVED: Robert/Maltman

That the apology received from Mayor Peta Pinson and Councillor Josh Slade be accepted.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

05 CONFIRMATION OF MINUTES

RESOLVED: Sheppard/Lipovac

That the Minutes of the Ordinary Council Meeting held on 21 September 2023 be confirmed.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

06 DISCLOSURES OF INTEREST

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.07 Lake Cathie Natural Resource Management Monthly Update Report. The reason being that Councillor Maltman is a non-financial life member and former President of the community organisation Revive Lake Cathie Incorporated. Councillor Maltman intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence her decision making in the matter.

07 MAYORAL MINUTES

Nil.

08 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

RESOLVED: Intemann/Lipovac

That Council determine that the attachments to Item Numbers 10.10, and 10.11 be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

09 ITEMS TO BE DEALT WITH BY EXCEPTION

RESOLVED: Sheppard/Lipovac

That Items 10.01, 10.02, 10.03, 10.07, 10.09, 10.10, 10.12, 10.15, 10.17, 10.20, 10.21, 11.02, 13.03, 13.05, 13.06, and 13.10 be considered as a block resolution.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

RESOLVED: Lipovac/Sheppard

That all recommendations listed in the block resolution be adopted by Council.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

10.01 Mayoral Discretionary Fund Allocations - 8 September to 1 November 2023

Block RESOLVED: Lipovac/Sheppard

That Council note the Mayoral Discretionary Fund allocations for the period

8 September to 1 November 2023 inclusive.

10.02 Status of Reports From Council Resolutions

Block RESOLVED: Lipovac/Sheppard

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

10.03 Contracts Awarded under Delegation by the Chief Executive Officer

Block RESOLVED: Lipovac/Sheppard

That Council note the information provided in the Contracts Register.

10.07 Policy Review - Public Interest Disclosure Policy

Block RESOLVED: Lipovac/Sheppard

That Council adopt the draft Public Interest Disclosure Policy.

10.09 Report of the Audit, Risk and Improvement Committee Held 20 October 2023

Block RESOLVED: Lipovac/Sheppard

That Council note the report of the Audit, Risk and Improvement Committee held 20 October 2023.

10.10 Legal Fees

Block RESOLVED: Lipovac/Sheppard

That Council note the information in the Legal Fees report.

10.12 Monthly Budget Review - September 2023

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Adopt the adjustments in the “September 2023 Adjustments” section of the Monthly Budget Review – September 2023 report and associated attachment.

2. Amend the 2023-2024 Operational Plan to include all budget adjustments approved in this report.

10.15 Investments and Loans - October 2023

Block RESOLVED: Lipovac/Sheppard

That Council note the Investment and Loans Report for October 2023.

10.17 Amendments to 2023-2024 Fees and Charges

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Thank community members who provided feedback on the proposed amendments to the 2023-2024 Fees and Charges.

2. Note the Community Engagement Report in relation to the public exhibition period.

3. Adopt the amended Fees and Charges 2023-2024 in relation to Cemeteries, Waste and Water, as detailed in the body of this report.

4. Request the Chief Executive Officer publish a copy of the amended 2023-2024 Fees and Charges on Council’s website.

10.20 Statement of Business Ethics - Procurement

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Adopt the revised Statement of Business Ethics - Procurement as presented in Attachment 1.

2. Review the revised Statement of Business Ethics - Procurement in 2026 or earlier if required.

10.21 Development Activity and Assessment System Performance

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Note the Development Activity and Assessment System Performance report for the first quarter of 2023-2024.

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

11.02 Policy Review - Smoke Free Environment Policy

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Place the draft Smoke Free Environment Policy on public exhibition for a period of not less than 28 days.

2. Note that a further report will be provided to Council regarding the outcome of community engagement and any submissions received during the exhibition period.

13.03 Rainbow Beach Central Corridor Planning Agreement Assessment Report

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Publicly exhibit the draft amended Rainbow Beach Central Corridor Planning Agreement for a period of not less than 28 days.

2. Receive a further report following the public exhibition period on any submissions received.

13.05 Development Control Plan 2013 - Amendments for Agritourism and Environmental Management

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Note the NSW Government reforms for Agritourism described in this report.

2. Endorse for public exhibition the proposed amendments to the Port Macquarie-Hastings Development Control Plan 2013 as contained in Attachment 2 and 3 (Agritourism and Housekeeping Amendment) of this report.

3. Place on public exhibition for 28 days the Draft ‘Port Macquarie-Hastings Development Control Plan 2013 (Agritourism and Housekeeping Amendment)’ pursuant to Clause 13 of the Environmental Planning and Assessment Regulation 2021.

4. Delegate authority to the Director Community, Planning and Environment to make necessary and or inconsequential amendments to the Draft Development Control Plan in preparation for public exhibition.

5. Receive a Post Exhibition report on the outcomes of the public exhibition and any submissions received.

13.06 Outstanding Fire Safety Inspection Reports

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Note the outstanding inspection reports from Fire and Rescue NSW.

2. Note that the premises subject to the inspection reports have provided satisfactory Annual Fire Safety Statements since the inspections reported.

3. Note that Fire and Rescue NSW will follow up further with Council in relation to these premises and if any matters still require attention a further report will be provided to Council.

4. Note that a process has now been implemented to ensure that these reports are sent to Council’s central records system for action and tracking rather than to an individual staff email address.

13.10 Land Acquisition - Part Lot 1 DP 1051509 Intersection Oxley Highway and Stoney Creek Road Wauchope

Block RESOLVED: Lipovac/Sheppard

That Council:

1. Pay compensation in the amount of $26,500 (GST exclusive) to the owner of Lot 1 Deposited Plan 1051509, Micholyn Pty Limited, for the acquisition of that part of Lot 1 Deposited Plan 1051509, more particularly described as Lot 1 in Plan of Acquisition Deposited Plan 1273600.

2. Pursuant to Section 59 of the Land Acquisition (Just Terms Compensation) Act 1991, pay the landowner’s legal (property conveyancing) expenses reasonably incurred arising from the land acquisition.

3. Pursuant to Section 10 of the Roads Act 1993, upon acquisition, dedicate Lot 1 Deposited Plan 1273600 to the public as road.

Item 10.01 Mayoral Discretionary Fund Allocations - 8 September To 1 November 2023, has been addressed previously within the meeting.

Item 10.02 Status Of Reports From Council Resolutions, has been addressed previously within the meeting.

Item 10.03 Contracts Awarded Under Delegation By The Chief Executive Officer, has been addressed previously within the meeting.

10.04 Legislative Compliance 2022-2023

MOTION: Intemann/Lipovac

That Council note the Legislative Compliance 2022-2023 report.

AMENDMENT: Sheppard/Lipovac

That Council note the Legislative Compliance 2022-2023 report and request that future legislative compliance reports specify instances where compliance deadlines were not met.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

THE AMENDMENT THEN BECAME THE MOTION AND ON BEING PUT WAS CARRIED

RESOLVED: Sheppard/Lipovac

That Council note the Legislative Compliance 2022-2023 report and request that future legislative compliance reports specify instances where compliance deadlines were not met.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

10.05 Disclosures Register - Annual Returns 2022-2023

RESOLVED: Sheppard/Intemann

That Council:

1. Note the information in the Disclosure Register for 2022-2023.

2. Note that the Chief Executive Officer determines Designated Persons of the organisation under delegation.

3. Note that a further report will be presented to an Ordinary Council Meeting tabling the outstanding Annual Disclosure Returns as detailed in this report.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

The Chairperson tabled the disclosure register of annual returns of Designated Persons.

10.06 Notice of Motion - Audit of the Returns of Interests and Designated Persons

RESOLVED: Edwards/Intemann

That Council:

1. Request the Chief Executive Officer to conduct an audit of the returns of interests of Councillors and designated persons, which assesses the extent to which the returns do/do not satisfy the recommendations made within the June 2023 Information and Privacy Commissioner report on Local Government returns of interest declarations.

2. Receive a status report, no later than the February 2024 Ordinary Council meeting, detailing the outcomes of the audit.

3. Inform Councillors through the report, on the extent to which Council is compliant with publishing Open Access information on the Council website as required by the Information and Privacy Commissioner and include any recommendations for improving the record-keeping process and managing non-compliance.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 10.07 Policy Review - Public Interest Disclosure Policy, has been addressed previously within the meeting.

10.08 Council Meetings Dates for 2024

MOTION: Sheppard/Lipovac

That Council:

1. Set the Ordinary Council Meeting dates for the 2024 as the third Thursday of each month (with the exception of no meeting to be held in September 2024 due to the Local Government elections and an earlier meeting in December due to the proximity of Christmas) being:

· 15 February

· 21 March (Wauchope)

· 18 April

· 16 May

· 20 June

· 18 July (Laurieton)

· 15 August

· 17 October

· 14 November

· 12 December

2. Set the Ordinary Council meetings to commence at 3:00pm on the dates as listed in 1 above.

AMENDMENT: Lipovac/Intemann

That Council:

1. Set the Ordinary Council Meeting dates for the 2024 as the third Thursday of each month (with the exception of no meeting to be held in September 2024 due to the Local Government elections, an earlier meeting in November 2024 due to the NSW Local Government Conference, and an earlier meeting in December due to the proximity of Christmas) being:

• 15 February

• 21 March

• 18 April

• 16 May

• 20 June

• 18 July

• 15 August

• 17 October

• 14 November

• 12 December

2. Conduct all Ordinary and Extraordinary Council meetings in the Council Chamber at Council’s Administration Building, Burrawan Street, Port Macquarie.

3. Set the Ordinary Council meetings to commence at 3:00pm on the dates as listed in 1 above.

4. Conduct a public forum in Wauchope on 18 March 2024 that relates to the March 2024 Ordinary Council meeting and a public forum in Laurieton on 15 July 2024 that relates to the July 2024 Ordinary Council meeting.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

THE AMENDMENT ON BEING PUT WAS CARRIED

THE AMENDMENT THEN BECAME THE MOTION AND ON BEING PUT WAS CARRIED

RESOLVED: Lipovac/Intemann

That Council:

1. Set the Ordinary Council Meeting dates for the 2024 as the third Thursday of each month (with the exception of no meeting to be held in September 2024 due to the Local Government elections, an earlier meeting in November 2024 due to the NSW Local Government Conference, and an earlier meeting in December due to the proximity of Christmas) being:

• 15 February

• 21 March

• 18 April

• 16 May

• 20 June

• 18 July

• 15 August

• 17 October

• 14 November

• 12 December

2. Conduct all Ordinary and Extraordinary Council meetings in the Council Chamber at Council’s Administration Building, Burrawan Street, Port Macquarie.

3. Set the Ordinary Council meetings to commence at 3:00pm on the dates as listed in 1 above.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

Item 10.09 Report of the Audit, Risk and Improvement Committee Held 20 October 2023, has been addressed previously within the meeting.

Item 10.10 Legal Fees, has been addressed previously within the meeting.

10.11 Quarterly Budget Review Statement - September 2023

RESOLVED: Sheppard/Lipovac

That Council note the Quarterly Budget Review Statement for the September 2023 Quarter.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 10.12 Monthly Budget Review - September 2023, has been addressed previously within the meeting.

10.13 Monthly Budget Review - October 2023

RESOLVED: Intemann/Lipovac

That Council:

1. Adopt the adjustments in the “October 2023 Adjustments” section of the Monthly Budget Review – October 2023 report and associated attachment.

2. Amend the 2023-2024 Operational Plan to include all budget adjustments approved in this report.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

10.14 Investments and Loans - September 2023

RESOLVED: Intemann/Sheppard

That Council note the Investment and Loans Report for September 2023.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 10.15 Investments and Loans - October 2023, has been addressed previously within the meeting.

10.16 Annual Financial Statements for the Year Ended 30 June 2023

RESOLVED: Intemann/Sheppard

That Council adopt the annual financial statements for the year ended 30 June 2023, as submitted, together with the auditor’s report.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 10.17 Amendments to 2023-2024 Fees and Charges, has been addressed previously within the meeting.

10.18 Port Macquarie-Hastings Council 2022-2023 Annual Report

RESOLVED: Intemann/Edwards

That Council:

1. Adopt the 2022-2023 Annual Report.

2. Submit the adopted 2022-2023 Annual Report to the Minister for Local Government by 30 November 2023.

3. Publish the adopted 2022-2023 Annual Report on Council's website.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

10.19 2023-2024 Operational Plan First Quarter Status Report as at 30 September 2023

MOTION: Sheppard/Lipovac

That Council:

1. Note the 2023-2024 Operational Plan First Quarter Status Report as at 30

September 2023.

2. Authorise the deferral of the following Actions/Projects, with the Status of Council approved Action Deferred / Not Progressing

- TR 18 Develop an annual bridge inspection program for

Timber and concrete bridges and undertake 'Level 2 Inspections', (visual inspection program of all bridge components including the deck,

superstructure, substructure and foundations) as

identified in the program.

- SDF 19 Voluntary House Raising - community engagement.

- SDF 20 Westport Stormwater Management Plan - upgrades.

- TR 21 Port Macquarie - Gordon Street upgrade.

- S 19 Port Macquarie - Sewer Pump Station #03 Rising Main

replacement.

- WS 17 Trunk Main from Bonny Hills to Kew (Area 15) Reservoir - Construction.

- S 18 Lakewood (Area 15) - Gravity Sewer Trunk Mains -

Design and Construction.

3. Authorise the cessation of the following Actions/Projects in the 2023-2024 operational year, with the Status of Council approved Action Deferred / Not Progressing

- SDF 11 Asset Revaluation - Stormwater, Flood and Foreshore,

Land under Roads.

- SR 19 Kendall - Norrie Reserve River Street - Playground

Replacement.

4 Note the significance of Thrumster Waste Water Treatment Plant and Cowarra Water Filtration Plant as State Significant Infrastructure Projects, and request that future Quarterly OP Status Reports bring out and provide more detailed commentary on each of these projects.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 10.20 Statement of Business Ethics - Procurement, has been addressed previously within the meeting.

Item 10.21 Development Activity and Assessment System Performance, has been addressed previously within the meeting.

11.01 Notice of Motion - Review of Current and Recent Community Engagement Systems, Structures and Functions.

RESOLVED: Edwards/Sheppard

That Council:

1. Request the Chief Executive Officer to conduct a review of current and recent community engagement systems, structures, and functions, including;

a. The current structures and functions of Council’s community engagement

b. Currently functioning structures and systems for co-working with community, including Council Community Action Teams

c. Council’s Committees, Sub-committees, and Steering Groups that were discontinued, pending a future review, by resolution of Council in February 2022.

d. Options for community engagement structures for Council and community to work together in delivering the Community Strategic Plan moving forward.

2. Receive a report by the April 2024 Ordinary Meeting of Council that details the outcomes of the review identified in clause 1 above.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

Item 11.02 Policy Review - Smoke Free Environment Policy, has been addressed previously within the meeting.

11.03 Applications to the Port Macquarie Hastings Sporting Fund - Zac Hoolahan, Imogen Enfield and Oliver Zaone.

RESOLVED: Lipovac/Sheppard

That Council:

1. Endorse the Port Macquarie-Hastings Sporting Fund committee

recommendations to award funding as follows:

a) $500 to Zac Hoolahan for representation at the National Youth Touch Football Championships.

b) $1,000 to Imogen Enfield to participate at the Australian Junior Surfing Championships.

c) $1,000 to Oliver Zaone to participate at the Australian Athletic

Championships.

2. Note the presentation of the 2023 Wayne Richards Scholarship Award to Skyla Lange (Brazilian Jiu-Jitsu) and the presentation of a Highly

Commended Award to Imogen Enfield (Surfing).

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.01 DA2023 - 189.1 Residential Flat Building and Strata Subdivision Including a Clause 4.6 Variation to Clause 4.3 (Height of Buildings) under the Port Macquarie Hastings Local Environmental Plan 2011 at Lot 1 DP 1282304, 2 New Street, Port Macquarie
Applicant: Ian Bassett & Partners
Owner: B & N & D & M K Posa

RESOLVED: Intemann/Sheppard

That DA2023 - 189.1 for a residential flat building and strata subdivision including a Clause 4.6 variation to Clause 4.3 (Height of Buildings) under the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 1 DP 1282304, No. 2 New Street, Port Macquarie, be determined by granting consent subject to the recommended conditions.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.02 Local Strategic Planning Statement - Annual Update

RESOLVED: Sheppard/Intemann

That Council:

1. Note the progress of actions identified in Council’s Local Strategic Planning Statement - Shaping our Future 2040.

2. Note that the Local Strategic Planning Statement is to be reviewed to ensure alignment with Council’s Community Strategic Plan (Imagine 2050) and the North Coast Regional Plan 2041.

3. Note that the review will also seek to assign actions which support the implementation of the planning priorities and principles identified in the LSPS, to the appropriate Council strategy(s) and supporting action plan(s).

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 13.03 Rainbow Beach Central Corridor Planning Agreement Assessment Report, has been addressed previously within the meeting.

13.04 Post Exhibition Report - Planning Proposal PP-2023-136 - Planning Amendments Relating to Council Owned Land

RESOLVED: Intemann/Lipovac

That Council:

1. Note the post exhibition report (Attachment 3) summary of submissions received during public exhibition of the Planning Proposal PP-2023-136.

2. Note the conditional Gateway Determination (Attachment 2) granted by the Department of Planning and Environment on 16 May 2023 authorising Council as the planning proposal authority to exercise the functions of the local plan-making authority under section 3.36(2) of the EP&A Act.

3. As a result of the consideration of submissions and Government agency responses:

a) Endorse the Planning Proposal as publicly exhibited (Attachment 1) under section 3.35 of the Environmental Planning and Assessment Act 1979 in relation to planning amendments for the identified public land to zone C2 Environmental Conservation under the Port Macquarie-Hastings LEP 2011, and

b) Take the necessary steps under Section 3.36 of the Environmental Planning and Assessment Act 1979 to finalise the Port Macquarie-Hastings Local Environmental Plan 2011 (Map Amendment No 5) to give effect to the Planning Proposal.

4. Delegate authority to the Director Community, Planning and Environment to make inconsequential or minor administrative amendments to the Planning Proposal prior to forwarding it to the Department of Planning and Environment for finalisation.

5. Thank people who made a submission and notify them of Council’s decision.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Item 13.05 Development Control Plan 2013 - Amendments for Agritourism and Environmental Management, has been addressed previously within the meeting.

Item 13.06 Outstanding Fire Safety Inspection Reports, has been addressed previously within the meeting.

13.07 Lake Cathie Natural Resource Management Monthly Update Report

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in item. The reason being that Councillor Maltman is a non-financial life member and former President of the community organisation Revive Lake Cathie Incorporated. Councillor Maltman remained in the meeting, participated and voted in the matter as this perceived conflict will not influence her decision making in the matter.

RESOLVED: Intemann/Lipovac

That Council:

1. Note the progress of natural resource management projects/initiatives within the Lake Cathie, Lake Innes and Cathie Creek waterways and progress on the Coastal Management Program

2. Continue to receive monthly reporting via the Lake Cathie Natural Resource Management Update

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.08 Draft Local Housing Strategy Update

RESOLVED: Lipovac/Sheppard

That Council:

1. Note the update report on the Draft Local Housing Strategy.

2. Note the Community Engagement Plan for further engagement with stakeholders.

3. Receive a report by no later than the April 2024 Ordinary Council Meeting regarding the revised Draft Local Housing Strategy and the outcome of the further community engagement.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.09 Port Macquarie-Hastings Council Draft Koala Action Plan 2023

MOTION: Intemann/Sheppard

That Council:

1. Endorse the draft Port Macquarie-Hastings Council Koala Action Plan 2023 for the purpose of public exhibition for a period of not less than 28 days

2. Note the Council Koala Plan of Management reviews for King Creek, Area 13 and Area 14 and their associated recommendations and actions

AMENDMENT: Edwards/Lipovac

That Council:

1. Note the Council Koala Plan of Management reviews for King Creek, Area 13 and Area 14 and their associated recommendations and actions.

2. Endorse the draft Port Macquarie-Hastings Council Koala Action Plan 2023 for the purpose of public exhibition for a period of not less than 28 days.

3. Write to the Minister for the Environment, the Honourable Penny Sharpe

before the end of this year 2023, as a response to the details provided in this report, to advocate for:

i) The finalisation of State Environmental Planning Policy (Biodiversity and Conservation 2021) Chapters 3 and 4 Koala Habitat Protection into one chapter so it applies to all land and has the same koala use trees and definition of core habitat.

ii) The NSW State Government through the NSW Koala Strategy and TfNSW, to investigate the delivery of one or more Land Bridges (forested overpasses) for Koalas and other fauna to move safely over top of the Pacific Highway, as was called for by a Koala Conservation Australia submission this year, at strategic locations within the Port Macquarie Hastings Local Government Area that takes into consideration, any plans for upgrades of the Pacific Highway that are on the horizon, Regional and Subregional Koala Corridors such as is identified in the Port Macquarie-Hastings Council Biodiversity Strategy, Assets of Intergenerational Significance as are acknowledged in the NPWS Conservation Action Plan for Koala, and also Port Macquarie-Hastings Council’s Koala Plans of Management, with the aim to secure significant functional habitat connectivity.

iii) The Minister to urgently consider the need for Local Land Services to update the Private Native Forestry code, and associated map, to include as Core Koala Habitat within the Port Macquarie Hastings Local Government Area boundary such habitat as is identified as Core Koala Habitat within Port Macquarie-Hastings Council’s adopted site-specific Koala Plans of Management and the draft Comprehensive Coastal Koala Plan of Management 2017, that occurs significantly within the rural land zoning and are the subject of Private Native Forestry approvals.

4. Request the Chief Executive Officer consider for inclusion in the draft 2024-2025 Operational Plan, a Virtual Fencing Trial in the Port Macquarie Hastings Local Government Area as a Hotspot Road-strike Prevention Action.

5. i) Note that each of the Port Macquarie-Hastings Council Community Plans identify a value of conservation, protecting and enhancement of our natural environment.

ii) Request the Chief Executive Officer consider for inclusion in the draft 2024-2025 Operational Plan, the development of education material, for the purpose of a community education campaign, on the negative effects of Native Vegetation Land-clearing, including the negative impacts this is having on our koala population specifically, and of the positive benefits that can come, including any current financial incentives, from having a good understanding of the Land Management Framework and implementing sound Native Vegetation Management Practices.

6. Request the Chief Executive Officer consider for inclusion in the draft 2024-2025 Operational Plan, a collaborative joint-project between Port Macquarie-Hastings Council and Koala Conservation Australia to pursue an Urban koala population survey program.

equal: 3/3

For: Edwards, Intemann and Lipovac

Against: Maltman, Roberts and Sheppard

No casting vote used by Chair - declared Lost

AMENDMENT: Intemann/Edwards

That Council:

1. Note the Council Koala Plan of Management reviews for King Creek, Area 13 and Area 14 and their associated recommendations and actions.

4. Endorse the draft Port Macquarie-Hastings Council Koala Action Plan 2023 for the purpose of public exhibition for a period of not less than 28 days.

5. Write to the Minister for the Environment, the Honourable Penny Sharpe

before the end of this year 2023, as a response to the details provided in this report, to advocate for:

ii) The Minister to urgently consider the need for Local Land Services to update the Private Native Forestry code, and associated map, to include as Core Koala Habitat within the Port Macquarie Hastings Local Government Area boundary such habitat as is identified as Core Koala Habitat within Port Macquarie-Hastings Council’s adopted site-specific Koala Plans of Management and the draft Comprehensive Coastal Koala Plan of Management 2017, that occurs significantly within the rural land zoning and are the subject of Private Native Forestry approvals.

5. i) Note that each of the Port Macquarie-Hastings Council Community Plans identify a value of conservation, protecting and enhancement of our natural environment.

equal: 3/3

For: Edwards, Intemann and Lipovac

Against: Maltman, Roberts and Sheppard

No casting vote used by Chair - declared Lost

AMENDMENT: Edwards/Lipovac

That Council:

1. Note the Council Koala Plan of Management reviews for King Creek, Area 13 and Area 14 and their associated recommendations and actions.

6. Endorse the draft Port Macquarie-Hastings Council Koala Action Plan 2023 for the purpose of public exhibition for a period of not less than 28 days.

7. Write to the Minister for the Environment, the Honourable Penny Sharpe

before the end of this year 2023, as a response to the details provided in this report, to advocate for:

5. i) Note that each of the Port Macquarie-Hastings Council Community Plans identify a value of conservation, protecting and enhancement of our natural environment.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

THE AMENDMENT THEN BECAME THE MOTION AND ON BEING PUT WAS CARRIED

RESOLVED: Edwards/Lipovac

That Council:

1. Note the Council Koala Plan of Management reviews for King Creek, Area 13 and Area 14 and their associated recommendations and actions.

8. Endorse the draft Port Macquarie-Hastings Council Koala Action Plan 2023 for the purpose of public exhibition for a period of not less than 28 days.

9. Write to the Minister for the Environment, the Honourable Penny Sharpe

before the end of this year 2023, as a response to the details provided in this report, to advocate for:

5. i) Note that each of the Port Macquarie-Hastings Council Community Plans identify a value of conservation, protecting and enhancement of our natural environment.

ii) Request the Chief Executive Officer consider for inclusion in the draft 2024-2025 Operational Plan, the development of education material, for the purpose of a community education campaign, on the negative effects of Native Vegetation Land-clearing, including the negative impacts this is having on our koala population specifically, and of the positive benefits that can come, including any current financial incentives, from having a good understanding of the Land Management Framework and implementing sound Native Vegetation Management Practices.

carried: 4/2

For: Edwards, Intemann, Lipovac and Sheppard

Against: Maltman and Roberts

Item 13.10 Land Acquisition - Part Lot 1 DP 1051509 Intersection Oxley Highway and Stoney Creek Road Wauchope, has been addressed previously within the meeting.

13.11 Hastings River Drive / Aston Street Signalised Pedestrian Crossing

RESOLVED: Sheppard/Intemann

That Council:

1. Note that no external funding has been secured to date.

2. Continue to seek funding support from the NSW and Australian Governments as opportunities arise.

3. Should no external funding be sourced, allocate an additional $500,000 within the 2024-2025 Operational Plan for the purposes of construction of the signalised pedestrian crossing on Hastings River Drive, near Aston Street.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.12 Water Supply Update

RESOLVED: Sheppard/Lipovac

That Council:

1. Note the Department of Primary Industries assessment that over 64% of the Port Macquarie-Hastings Local Government Area is in drought.

2. Note the current combined water storages for the Hastings Water Scheme were above 99% as at 6 November 2023.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

13.13 Kew/Kendall Wastewater Scheme Diversion Project

RESOLVED: Sheppard/Intemann

That Council:

1. Note that the Camden Haven (Dunbogan) Wastewater Treatment Plant has residual treatment capacity.

2. Note that the Kew/Kendall Wastewater Treatment Plant does not have treatment capacity for the planned growth in its catchment.

3. Note that a multicriteria cost and non-cost options assessment has identified that the best option to cater for the Kew/Kendall growth is to transfer all wastewater from the Kew/Kendall catchment to the Camden Haven Wastewater Treatment Plant for treatment and discharge.

4. Accept that the Kew/Kendall Wastewater Scheme Diversion to Camden Haven is required to cater for future sewerage treatment capacity in the Kew/Kendall area.

5. Undertaken an amendment to the 2022-2026 Delivery Program in conjunction with the annual review of the Delivery Program to replace the Upgrade of the Kew/Kendall Wastewater Treatment Plant project with Kew/Kendall Wastewater Scheme Diversion to Camden Haven project.

6. Reflect the amendment to the 2022-2026 Delivery Program in the 2024-2025 Operational Plan with the replacement of Action S15 Kew Wastewater Treatment Plant Upgrade project with Kew/Kendall Wastewater Scheme Diversion to Camden Haven project included in the 2023-2024 Operational Plan with a performance measure of ‘project planning completed, detailed designs commenced’.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

CONFIDENTIAL SESSION

RESOLVED: Lipovac/Roberts

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 Confidential Session of Council on the basis that items to be considered are of a confidential nature.

2. That Council move into Closed Session to receive and consider the following items

Item 14.01 Sale of Council-Owned Land, Lot 1 Lake Innes Drive, Lake Innes

This item is considered confidential under Section 10A(2)(c) of the Local Government Act 1993, as it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.:

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

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

RESOLVED: Sheppard/Roberts

That the Council meeting be closed to the public for the consideration of confidential items for the reason as listed in the reports.

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

Councillor Sheppard left the meeting, the time being 05:01pm.

Councillor Sheppard returned to the meeting, the time being 05:03pm.

14.01 Sale of Council-Owned Land, Lot 1 Lake Innes Drive, Lake Innes

RESOLVED: Roberts/Intemann

That Council:

1. Offer for sale by public auction the Council owned land known as Lot 1, Lake Innes Drive, Lake Innes (Lot 1, DP 0827563) at the value determined by the independent valuer report dated 24 October 2023 as Attachment 1.

2. Pursuant to Section 377 of the Local Government Act, delegate authority to the Chief Executive Officer to:

a) Negotiate with the highest bidder, if the best offer for Lot 1,

DP 0827563 does not reach the market value recommended by Council’s independent valuer, provided that in the opinion of the Chief Executive Officer, the highest bid received represents the best return for Council and achieves a minimum of 90% of the value determined by the independent valuer report dated 24 October 2023 as Attachment 1;

b) Sign the Contract for the Sale of Land at Lot 1, DP 0827563;

c) Sign the associated sale and transfer documents.

3. Direct the net proceeds of the sale of the land to the Property Reserve.

4. Request that the Chief Executive provide a progress report on the sale of the land back to Council in February 2024.

5. Maintain the confidentiality of the documents and consideration in respect of this matter.

carried: 5/1

For: Edwards, Lipovac, Maltman, Roberts and Sheppard

Against: Intemann

RESOLVED: Roberts/Lipovac

That the Council Meeting be re-opened to the public

carried: 6/0

For: Edwards, Intemann, Lipovac, Maltman, Roberts and Sheppard

Against: Nil

The outcomes of the Confidential Session of the Ordinary were read to the meeting by the Group Manager Governance

The meeting closed at 5.14pm

………………………………………..

Councillor Lauren Edwards

Chairperson

AGENDA Ordinary Council 14/12/2023

Item: 06

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 Chief Executive Officer, such a disclosure is to be made to the staff member’s manager. In the case of the Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer, 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 Chief Executive Officer 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

14/12/2023

Item: 10.01

Subject: Mayoral Discretionary Fund Allocations - 2 to 29 November 2023

Presented by: Chief Executive Officer, Dr Clare Allen

Alignment with Delivery Program

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

RECOMMENDATION

That Council note that there were no Mayoral Discretionary Fund allocations for the period 2 to 29 November 2023 inclusive.

Executive Summary

To advise of the Mayoral Discretionary Fund allocations for the period 2 to 29 November 2023 inclusive.

Discussion

There were no allocations made by the Mayor from the Mayoral Discretionary Fund during this reporting period.

Options

This report is for noting only.

Community Engagement and Internal Consultation

There has been no community engagement or internal consultation in relation to this report.

Planning and Policy Implications

There are no planning and policy implications in relation to this report. This report is provided to Council as per the requirements of the Mayoral Discretionary Fund Policy.

Financial and Economic Implications

There are no economic implications in relation to this report.

Any allocations made during this reporting period would have been funded from the Mayoral Discretionary Fund as included in the 2023-2024 Operational budget.

Attachments

Nil

Item: 10.02

Subject: Status of Reports From Council Resolutions

Presented by: Business and Performance, Keith Hentschke

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

DECEMBER 2023 REPORTS
Report	Date and Item of Resolution		Status		Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Update on Site Specific Planning Proposal Requests - Bi-annual Report	15/06/2023 Item 13.05		Receive a further update report in December 2023 regarding the progress of site specific Planning Proposal requests.		DPCE		Dec-2023
PP2022-2.1 Planning Proposal Assessment Report - Proposed Catholic High School - Lot 6 DP 594793, Lots 6 and 7 DP 594792, 1175 and 1191 Ocean Drive Bonny Hills	16/03/2022 Item 13.04		Note that a further report will be tabled at a meeting of Council later in 2023, addressing the additional information submitted by the Proponent and determining whether Council will prepare a Planning Proposal pursuant to section 3.33 of the Environmental Planning and Assessment Act 1979 for a map only amendment to the Port Macquarie-Hastings Local Environmental Plan 2011 for Lot 6 DP 594793, Lots 6 and 7 DP 594792, 1175 and 1191 Ocean Drive Bonny Hills, to rezone the subject land from RU1 Primary Production to part SP2 Infrastructure (school) and part C2 Environmental Conservation to enable an educational establishment.		DPCE		Dec-2023
DECEMBER 2023 REPORTS continued.
Report	Date and Item of Resolution		Status		Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Council owned lots at North Shore - Progress of Sale	19/09/2018 Item 09.24		Subject of Dec 2023 Report to Council		DBP	Nov-2023	Dec-2023
Notice of Motion - Rescue Tubes for Port Macquarie-Hastings Beaches	21/09/2023 Item 11.01		Chief Executive Officer to provide outcomes of the assessment of merits and costs associated inclusive of a remote rescue tube trial to the December 2023 Ordinary Council Meeting.		DCPE		Dec-2023
FEBRUARY 2024 REPORTS
Report	Date and Item of Resolution		Status		Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
2023.009 Provision of General Concreting Services	20/07/2023 Item 14.01		A further report to February 2024 included within the quarterly report		DBP	Oct-2023 Nov-2023	Feb-2024
Material Public Benefit - Developer Delivered Sewer Works Kendall completion of works	17/03/2022 Item 14.07		Request the CEO to add a new action to the 2021-2022 Operational Plan Kew Kendall SPS#1 Upgrade and Works. Moved to December 2023 as works have not yet been completed.		DCU	Feb-2023 Aug-2023 Dec-2023	Feb-2024
Acceptance (transfer station waste) from Kempsey Shire Council until December 2023	18/05/2023 Item 14.04		A further report to be tabled at the completion of this extended arrangement with Kempsey Shire Council detailing the waste accepted from Kempsey Shire Council at the Cairncross Landfill		DCU		Feb-2024
FEBRUARY 2024 REPORTS continued.
Report		Date and Item of Resolution		Status	Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Draft MR538 and MR600 Corridor Strategy - Following public exhibition		19/05/2022 Item 14.04		Alignment of the Corridor Strategy with the Integrated Transport Plan will be required The Draft Corridor Strategy shall be reviewed on completion of the Integrated Transport Plan	DCI		Feb-2024
Cairncross Waste Management Facility Leachate Pre-Treatment		18/05/2023 Item 14.03		Following successful negotiations with Oleology Pty Ltd for the supply of a containerized leachate pre-treatment solution and present a further report to a future meeting of Council on completion of the works for Council’s information	DCU		Feb-2024
Wastewater Treatment Plant Capacities		18/08/2022 Item 14.04		Report to Council impacts on Planning Proposals Port Macquarie/Thrumster Sewerage Scheme catchment once the outcomes identified Briefing scheduled - June 2023 Report to Council September 2023	DCU DCPE	Sep-2023	Feb-2024 Delayed due to the outcomes of the Process Capacity Review & Optimisation Study for the Port Macquarie Wastewater Treatment Plant are known.
Out of Water Inspection and Maintenance (Slipping)		15/06/2023 Item 13.08		A further report to future Council meeting on completion of the works for Council's information. Timing of completion of work will determine the date of reporting. Should works not be completed in November 2023 the reporting date shall be early 2024	DCI		Dec-2023
FEBRUARY 2024 REPORTS continued.
Report		Date and Item of Resolution		Status	Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Lots 101 and 102 DP 1244390 Pacific Drive, Port Macquarie - Options for operational land		07/03/2022 Item 10.01		Subsequent to Nov Councillor Briefing, options with relevant stakeholders continuing	DBP	Nov-23

Policy Review - Smoke Free Environment Policy	16/11/2023 Item 11.02	A further report to Council meeting following public exhibition	DCPE	Feb-24
Rainbow Beach Central Corridor Planning Agreement Assessment Report	16/11/2023 Item 13.03	A further report to Council meeting following public exhibition	DCPE	Feb-24
Development Control Plan 2013 - Amendments for Agritourism and Environmental Management	16/11/2023 Item 13.05	A further report to Council meeting following public exhibition	DCPE	Feb-24
Notice of Motion - Audit of the Returns of Interests and Designated Persons	16/11/2023 Item 10.06	Receive a status report detailing the outcomes of the audit	DBP	Feb-24
Sale of Council - Owned Land - Lot 1, Lake Innes Drive, Lake Innes (Confidential)	16/11/2023 Item 14.01	Provide a progress report on the sale to Council meeting February 2024	DBP	Feb-24

MARCH 2024 REPORTS
Report	Date and Item of Resolution	Status	Reporting Officer			Previous Anticipated Date/s for Report		Current Anticipated Date for Report
Classification as "Operational" Land - 52 John Oxley Drive, Port Macquarie - post exhibition.	20/06/2018 Item 14.05	To be incorporated in strategic property portfolio review to be undertaken in 2022/2023 Reclassify the property to operational land, this is a statutory process involving a planning proposal which includes Council fees, public exhibition, submissions, a public hearing, council resolutions and Depot Planning approval. It is estimated that this would take at least 6-9 months.	DBP			Mar-20 Nov-20 Mar-21 Apr-21 Jun-21 Sep-21 Feb-22 Jun-22 Jun-23		Mar-2024
Opportunity for Local Firms to do Business with Port Macquarie-Hastings Council	16/03/2023 Item 10.05	A report to be presented to the March 2024 Ordinary Council Meeting	DBP					Mar-2024
APRIL 2024 REPORTS
Report	Date and Item of Resolution	Status		Reporting Officer	Previous Anticipated Date/s for Report		Current Anticipated Date for Report

Notice of Motion - Review of Current and Recent Community Engagement Systems, Structures and Functions	16/11/2023 Item 11.01	Receive a report to Ordinary Council meeting April 24, with details of the outcomes of the review	DBP	Apr-24
Draft Local Housing Strategy Update	16/11/2023 Item 13.08	Receive a report to Ordinary Council meeting April 24, with revised Housing Strategy and the outcome of community engagement	DCPE	Apr-24

MAY 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

JUNE 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

JULY 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

Post Exhibition Report - Planning Proposal PP-2022-4099 New LEP Clause 5.5 Secondary Dwellings in Rural Zones

20/07/2023
Item 13.02

Future report to the July 2024 Ordinary Council Meeting regarding the uptake of secondary dwelling provisions in rural areas.

DCPE

Jul-2024

Extension of the Fly Neighbourly Agreement for a further 12 months

15/06/2023

Item 12.02

A further report to Council Meeting July 2024

DBP

Jul-2024

AUGUST 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

SEPTEMBER 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

OCTOBER 2024 REPORTS

Report

Date and Item of
Resolution

Status

Reporting Officer

Previous Anticipated Date/s for Report

Current Anticipated
Date for
Report

NOVEMBER 2024 REPORTS
Report	Date and Item of Resolution	Status		Reporting Officer	Previous Anticipated Date/s for Report		Current Anticipated Date for Report
DECEMBER 2024 REPORTS
Report	Date and Item of Resolution	Status		Reporting Officer	Previous Anticipated Date/s for Report		Current Anticipated Date for Report
DECEMBER 2026 REPORTS
Report	Date and Item of Resolution	Status		Reporting Officer	Previous Anticipated Date/s for Report		Current Anticipated Date for Report
Administering 2028 Local Government Election	NA	NA		GMG	NA		Dec-2026
JULY 2027 REPORTS
Report	Date and Item of Resolution	Status		Reporting Officer	Previous Anticipated Date/s for Report		Current Anticipated Date for Report
Councillor numbers for 2028 Local Government Election	NA	NA		GMG	NA		July-2027
FUTURE REPORTS
Report	Date and Item of Resolution	Status	Reporting Officer			Previous Anticipated Date/s for Report		Current Anticipated Date for Report
Biodiversity and Land Acquisition for offsets update	20/04/2023 Item 14.02	Further report to be presented for further consideration	DBP					Estimated 2024
Environmental Land Rezoning - Council owned land	08/12/2022 Item 13.10	A report to Council following public exhibition	DCPE					Future report

FUTURE REPORTS continued.
Report	Date and Item of Resolution	Status	Reporting Officer	Previous Anticipated Date/s for Report	Current Anticipated Date for Report
Draft s9.11 Airport Business Park Roads Contribution Plan	20/05/2020 Item 13.05	To be considered as part of wider development contribution framework review and proposed development yet to be assessed.	DCPE	Dec-2020 Jun-2021 Oct-2021 Jun-2022 Dec-2022	Future report
Determination of Councillor Numbers	21/09/2023 Item 10.03	Determine the wording of the referendum question by consideration at a future Council Meeting	DBP		Future report
Policy Review - Sustainability Policy	21/09/2023 Item 10.10	Council deferred this Policy until workshop has been held, in order for further consideration to the Policy in relation to the proposed draft Environmental Sustainability Strategy.	DCPE		Future report
Policy Review - Water Supply Services	21/09/2023 Item 13.07	A further report to be tabled at a future Ordinary Council Meeting detailing submissions received during Public Exhibition	DCU		Future report
T-22-10 Inlet Odour Management Works	21/09/2023 Item 14.02	Present a future report to Ordinary Council Meeting after contract awarded for Council's information	DCU		Future report

CYCLIC REPORTS

Report	Reporting Officer	Reporting Cycle	Month	Altered Report Date	Reason for Altered Date
Mayoral Discretionary Fund Allocations	CEO	Monthly	Every
Monthly Financial Update	DBP	Monthly	Every (except July)
Investments	DBP	Monthly	Every
Recommendations by the Port Macquarie-Hastings Sporting Fund Sub-Committee	DCPE	Monthly	Every (except February)
Lake Cathie Natural Resource Management update (13/01/2022 Item 05.01)	DCPE	Monthly	Every
Contracts Awarded under Delegation by the Chief Executive Officer (Including Tender T-22-61 Aviation Security Screening Services)	DBP	Quarterly	April, July, October, February
Recreation Action Plan – Status The cycle of Recreation plan has changed due to Recreation Action Plan being adopted in February 2023	DCPE	Annually	February
Legal Fees - Update Report (19/09/18 - Item 09.16)	CEO	Quarterly	February, May August, November
Development Activity and Assessment System Performance	DCPE	Quarterly	February, May August, November
Community Inclusion Plan Update of Tasks, Measures and Actions	DCPE	Biannual	February, August
Glasshouse Strategic Plan Update	DBP	Biannual	February, August
2022-2026 Delivery Program – Six Monthly Progress	DBP	Biannual	February, August
Grant Application Biannual Report (16/02/23 - Item 11.05 (21/08/19 - Item 11.02)	DCPE	Biannual	February, August
Major Events Grants Round 1 and Round 2	DCPE	Biannual	April, September
Chief Executive Officer's Performance Review	CEO	Annually	April
Report	Reporting Officer	Reporting Cycle	Month	Altered Report Date	Reason for Altered Date
Operational Plan – Quarterly Progress	DBP	Quarterly	May, November (other 2 quarters reported with DP 6 monthly progress report)
Mayoral and Councillor Fees (Setting of)	CEO	Annually	May
General Fund Operating Performance	CEO	Biannual	June and December
Update on Site Specific Planning Proposal Requests	DCPE	Biannual	June, December
Port Macquarie-Hastings Destination Management Plan 2020-2024 (20/05/2020 - Item 12.01)	DCPE	Annually	June
Kooloonbung Creek Flying Fox Camp Management Plan - Annual Update (16/06/2021 - Item 12.03)	DCPE	Annually	June
Council Policy - Status	CEO	Annually	July
UGMS - Annual Progress Report on Implementation and Status of Actions (20/06/18 - Item 12.07)	DCPE	Annually	July
Local Preference Policy Outcomes	DBP	Annually	August
Cultural Plan 2021 - 2025: Implementation and evaluation of actions undertaken (04/08/2021 - Item 10.01)	DCPE	Annually	August
Legislative Compliance Register	CEO	Annually	September

Report	Reporting Officer	Reporting Cycle	Month	Altered Report Date	Reason for Altered Date
Koala Recovery Strategy Annual Report	DCPE	Annually	September
Annual Reporting of Wet and Dry Hire Contractual Arrangements	DBP	Annually	Commence September 2024
Audit, Risk and Improvement Committee Annual Report	CEO	Annually	September
Annual Disclosure of Interest Returns	CEO	Annually	October
Professional Development of Councillors (15/09/2021 - Item 09.07)	CEO	Annually	October	December
Council Meeting Dates	CEO	Annually	November
Council’s Annual Report	DBP	Annually	November
Performance of Property Investment Portfolio (20/11/19 - Item 10.17)	DBP	Annually	November	December
Local Strategic Planning Statement - Implementation of Actions (03/11/2021 - Item 12.05)	DCPE	Annually	November
Annual Financial Statements for the Year Ended 30 June	DBP	Annually	November
Code of Conduct Complaints Annual Report	CEO	Annually	December

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 10.03

Subject: Investments and Loans - November 2023

Presented by: Business and Performance, Keith Hentschke

Alignment with Delivery Program

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

RECOMMENDATION

That Council note the Investment and Loans Report for November 2023.

Executive Summary

· This report has been prepared as at 20 November 2023.

· Council’s investment portfolio has met compliance requirements and investment income has slightly exceeded the budget.

· Total investment portfolio performance for the financial year to date was marginally below benchmarks due to the unexpected aggressive rate hikes undertaken by the RBA. Whilst the ‘underperformance’ may continue in the short term, it is anticipated that this is temporary.

· Over the first half of November, major bank deposit rates rose ~10-15bp across the short-end (compared to October). Deposit rates offered by the major banks are now marginally inverse again at the long-end (+12 month tenors), reflective of the major banks believing that we may well be approaching the peak of the interest rates cycle. Future rate cuts are seemingly still a possibility in coming years (although pushed back into 2025) should inflation return to target.

· Over the past 12 months the portfolio has returned 2.51% p.a. being 1.13% lower than the benchmark (AusBond Bank Bill Index).

· Outstanding loan balances are at relatively low levels which provides the opportunity to leverage borrowings to invest in capital works moving forward. Significant borrowings will be undertaken later in the financial year as adopted in the 2023-2024 Operational Plan.

· The loans portfolio is currently attracting average rates lower than new investments, meaning that Council is currently experiencing a positive net exposure to interest rates.

Discussion

The purpose of this report is to provide details of Council’s investment and loan portfolios and to certify that all investment funds have been made in accordance with section 625 of the Local Government Act 1993.

Council has engaged Arlo Advisory (previously Imperium Markets) to provide both an investment management platform and investment advisory service. In October 2023 Imperium Markets undertook an internal corporate restructure and is now named Arlo Advisory with no changes to service. Attachments 1 and 2 prepared by Arlo Advisory provide detailed information on the performance of Council’s investment portfolio for the period.

Investment Portfolio

As of 20 November 2023, the investments held by Council totalled $424,349,160. This is $14.94m lower than the balance on 31 October 2023 due to a large withdrawal to fund the payment of Ocean Drive invoices.

Investment activity during the month was as follows:

It is noted that all investments have been made in accordance with Council’s adopted investment policy, including in relation to Policy risk limits and performance. The Policy is formulated with reference to Office of Local Government Investment Policy Guidelines.

The following graph shows total investments by type on a rolling 12-month basis:

The maturity profile of the investment portfolio, (excluding the cash management account which is at call) is illustrated below and shows that maturities are well balanced across the next 3-5 year horizon.

The average interest rate of those falling in the current year illustrates the impact of longer term investments made in higher rated products prior to the interest rate decline during the COVID-19 pandemic. This has meant that returns have been somewhat protected against falling rates and the portfolio performed strongly despite this. From next year the average interest rate of maturities falls. This reflects the declining interest rates of the last two years, noting that Council protected the portfolio against even lower interest rates by taking advantage of longer term and higher rated products, thereby still maintaining average returns above industry benchmarks. Moving forward it will be important to take advantage of rising interest rates if re-investing maturing investments, whilst also balancing with a level of risk mitigation against a potential recession environment.

Council’s total investment portfolio is attributed to the following funds:

Whilst the current level of investments remains high, these largely relate to funds which have legal restrictions, (for example Water and Sewer), where funds cannot be spent on general operations or works, or for funds held for specific purposes.

These funds will be spent depending on the required timing of future works and the totals will fluctuate depending on the status of individual projects.

(1) The General Fund reserves include the following:

· Approximately $75.6m are development contributions (S.711) that must be expended in relation to adopted plans to fund growth related infrastructure. They cannot be spent on existing infrastructure or on projects not listed in the relevant plans.

· At 30 June 2023, $59m were grants for specific projects which will be spent in 2023 and 2024, including Ocean Drive ($16.6m) and Maria River ($10.6m).

· Remaining reserves are fully allocated to a range of projects including Ocean Drive ($10m), additional parks maintenance ($1m) and various airport projects. They are also allocated to fund operational needs of Council, such as replacing Plant and Equipment, with approximately $12m held for security bonds which will be returned to suppliers on completion of works.

(2) The majority of the portfolio is held in the Water, Sewer and Waste Funds which require significant capital investment. Projects often occur cyclically, with a combination of reserves and borrowings used to fund the large infrastructure needs. The funds are fully allocated to projects over the coming years including:

· Cowarra Water Treatment / Filtration Plant = $125m of reserves funding

· Thrumster Sewerage Treatment Plant = $19m of reserves funding

· Kew STP Upgrade = $35m of reserves funding

· Kew and Bonny Hills Reservoirs = $11m of reserves funding

The following is a summary of Council’s exposure to financial institutions that fund fossil fuels:

Further commentary on fossil fuel investments is provided by Arlo Advisory in the attached Monthly Investment Report (Attachment 1).

When investing, Council seeks and receives multiple quotes from a range of financial institutions across the different ratings spectrum. In the instance that a bank is not lending to the fossil fuel industry, are offering the highest rate, and comply with the various Policy risk limits, Council preferences that bank, in accordance with the Investment Policy. As noted above, the investment policy is formulated with reference to Office of Local Government Investment Policy Guidelines.

Interest on Investments

The following table shows the interest returns as of 20 November 2023 and the portfolio performance against benchmark (bank bill Index).

As noted above, although the total portfolio performance for the financial year to date was marginally below benchmarks due to the unexpected aggressive rate hikes undertaken by the RBA, this ‘underperformance’ is expected be temporary only.

Loan Portfolio

Below are details of Council’s current loan balances and interest expense for the month:

*see attachement 3 for detailed listing of loan repayments for 2023/2024

The maturity profile of the loans portfolio is shown below. It details when the outstanding loan balances will be paid down and the average interest rate payable that has been attributable to those loans. The increase in the average interest rate in the 2032 and 2033 years is result of the two new loans taken up in May 2023. Additional detail on the loan portfolio is provided in an attachment to this report.

Summary - Net Position Investments and Loans

As interest rates rise, Council can invest funds at higher rates, currently locking in rates in the vicinity of 5.28%. With much of the loan portfolio locked in at average rates lower than this, Council is experiencing a positive net exposure to interest rates. It is noted however, that pressure is likely to be put on this position moving forward as future loans are expected to attract higher rates.

Options

This is an information report.

Community Engagement and Internal Consultation

Council uses the services of an independent financial advisor, on an ongoing basis with investments. Council obtains regular updates regarding market activities positions from various institutions.

Planning and Policy Implications

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

Financial and Economic Implications

Budget levels have been met on a year-to-date basis. Returns are currently marginally below benchmark.

Council’s total investment portfolio performance for the financial year to date is 0.53% below the benchmark (1.12% against 1.65%) and year to date income is 55% of the total annual budget.

Certification

I hereby certify that the investments listed within this report were made in accordance with Section 625 of the Local Government Act 1993, clause 212 of the Local Government (General) Regulation 2012 and Council’s Investment Policy.

Nicole Spencer

Responsible Accounting Officer

Attachments

1 . Port Macquarie Hastings Council Investment Report - 20 November 2023

2 . Port Macquaire Hastings Council Portfolio Valuation - 20 November 2023

3 . Port Macquarie Hastings Council Loan Repayments - 2023-2024

Item: 10.04

Subject: Monthly Budget Review - November 2023

Presented by: Business and Performance, Keith Hentschke

Alignment with Delivery Program

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

RECOMMENDATION

That Council:

1. Adopt the adjustments in the “November 2023 Adjustments” section of the Monthly Budget Review – November 2023 report and associated attachment.

2. Amend the 2023-2024 Operational Plan to include all budget adjustments approved in this report.

Executive Summary

This report details monthly budget adjustments recommended to be made for the month of November 2023. The Council adopted 2023-2024 budget position at the commencement of the financial year was a balanced budget. The budget adjustments contained in this report forecast a budget surplus position of $17,495 as at the end of November 2023. This is outlined in the table below.

Monthly Budget Review Summary

Original Budget as at 1 July 2023	Balanced	$0
Plus adjustments:
July Review	Balanced	$0
August Review	Balanced	$0
September Review	Balanced	$0
October Review	Balanced	$0
November Review	Surplus	$17,495
Forecast Budget Position for 30 June 2024	Surplus	$17,495

Discussion

Each month, Council’s budgets are reviewed by Group Managers and Directors with any required adjustments reported. The purpose of this report is to provide Council with an up to date view of the current actual financial position in comparison to the original adopted 2023-2024 budget position along with the proposed movement of funds to accommodate any changes.

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

November 2023 Adjustments

The commentary below is to be read in conjunction with the “Forecast Budget Statement for the Year Ended 30 June 2024” on page 3 of this report. Further details on individual transactions are provided in Attachment “November 2023 Budget Review”.

An Asset Revaluations project was determined to be redundant during the month ($40k), offset by additional Buildings and Operational Land Revaluation costs ($23k). The balance of these adjustments provides for a budget surplus position of $17,495 at the end of November 2023.

Grants and Contributions totalling $443k were recognised during the month of November. These include grants for Bridge Assessments in the Port Macquarie Region Project ($343k) and Flood Recovery Embankment Package ($100k).

Reserve Transfers were required during the month for Port Macquarie Depot works ($23k) and Ferry Ramp Rehabilitation ($50k).

Budget Variance Requests were approved by Executive during the month for Bain Park Masterplan Implementation ($485k), Settlement Point Ferry Slippage ($300k), a Sewer Rising Main Renewal Project ($2,073k), Footpath Projects and Road Resurfacing Variations ($361k) and the Asset Management Improvement Project ($87k).

Other adjustments are accounting entries only, or movements between projects, and have no impact on Council’s budget position.

Forecast Budget Statement for the Year Ended 30 June 2024

Note that ‘Other Operating Payments’ includes items such as electricity, street lighting, insurances, waste levy, emergency services levies.

Options

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

Community Engagement and Internal Consultation

Not applicable.

Planning and Policy Implications

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

Financial and Economic Implications

Attachment 1 to this report contains information of each individual budget adjustment by Division and Section. The budget movements within this report result in the budget position surplus of $17,495.

Statement by Responsible Accounting Officer

“The adopted original budget result for 2023-2024 was a balanced budget. As at 30 November 2023 this position is changed to a budget surplus of $17,495 and this position is considered acceptable”.

Attachments

1. November 2023 Budget Review

AGENDA Ordinary Council

14/12/2023

Item: 10.05

Subject: Improvement Plan 2022-2026 - General Fund Operating Performance

Presented by: Business and Performance, Keith Hentschke

Alignment with Delivery Program

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

RECOMMENDATION

That Council note the update provided in this Improvement Plan 2022-2026 - General Fund Operating Performance report.

Executive Summary

This report provides an update on progress against the Improvement Plan 2022-2026 adopted by Council at the Ordinary Council Meeting held on 15 September 2022.

The Improvement Plan outlines a range of actions proposed to address Council’s financial sustainability, in particular the General Fund operating performance ratio and infrastructure backlog over the coming years.

Discussion

At the Ordinary Council Meeting held on 15 September 2022, Council considered a report on the Improvement Plan - General Fund Operating Performance and resolved as follows:

That Council:

1. Note the importance of the key financial and asset ratios, and in particular the Operating Performance ratio as indicators of Councils long term financial sustainability.

2. Note the improvement plan as outlined in this report to address the general fund operating performance ratio over the coming years.

3. Request the Chief Executive Officer provide an initial progress report to Council at the December 2022 Ordinary Meeting of Council, detailing progress made against the Improvement Plan, with biannual reporting in June and December annually thereafter.

In accordance with Resolution 3, this report provides the second biannual progress report against the Improvement Plan 2022-2026, with the next biannual report due in June 2024.

Objective

One of the key objectives of the Improvement Plan is to address the forecast deteriorating general fund operating performance ratio over the future years. Direct impact on this ratio can be achieved through initiatives that either increase revenues, reduce expenses or through a combination of both.

It is also important to note that there are some initiatives that will improve productivity or efficiencies without necessarily impacting the ratio, that is the respective budget amount does not change but more is delivered from that same level of funding. An example could be that following service reviews we deliver increased services from the same budget allocation.

The general fund supports the delivery of core services to the community, hence improvements in the use of general funds over the long term will influence the effective delivery of core services and ultimately the financial sustainability of Council operations.

Discussion

Since the last report in June 2023 significant progress has been made on multiple fronts which has been articulated in the updates below. We are also continuing the planning required to determine the optimal delivery sequence and cross dependencies across improvement plan initiatives, which also considers other business initiatives not formally recognised as part of the improvement plan. This is to ensure the most effective delivery pathway is implemented.

Whilst technology uplift will significantly improve productivity and efficiencies across all aspects of the improvement plan, it will also provide improved data which will enable improved financial forecasting of the longer-term general fund operating performance.

The remainder of this report provides updates against each of the following key components outlined as part of the adopted Improvement Plan:

1. Long Term Financial Plan (LTFP).

2. Asset Management.

3. Workforce Management.

4. Transformation Program (including Service Reviews).

5. Technology Improvements (DT Roadmap).

6. Future considerations

1. Long Term Financial Plan
a) Overview

Robust long term financial planning is key in managing Council's financial sustainability and assists in the effective and efficient management of our significant asset base. It is also important in managing the delivery of Council's services. A focus on strong planning and financial sustainability ensures we can deliver to our community into the future.

We need to improve the quality of data inputs into the Long Term Financial Plan (LTFP) and systems that support data capture and reporting. This will facilitate timely, data driven business decisions, with technology uplift facilitating agile and efficient budgeting, meaning that the human effort is focused on providing insights. This will lead to greater transparency, clarity and usability of budget information and reporting, as well as stronger governance and accountability over financial management.

b) Progress since the last report

An external review of Council’s LTFP process was completed in late 2022 with a number of initiatives identified covering systems, reporting and accountability. The initiatives are broadly split into ‘quick wins’ and medium to longer term horizon improvements. Progress to date, which has been focused on the quick wins, has included:

· The implementation of a new internal monthly budget reporting pack at Divisional level to improve transparency, accountability and management of budgets.

· Development of several financial dashboards is underway to improve data visibility and budget compliance.

· Adopting a Business Partnering structure, with recruitment underway for key resources to provide enhanced support across the organisation. The first round of recruitment activity did not yield any successful candidates and therefore we have now progressed to agency search.

· The creation of a Prioritisation Framework for the Budget Risk and New Initiatives Registers has commenced that will facilitate funding decision making.

· Development of a new financial reporting framework is ongoing.

c) Next steps

· Development of the implementation plan for the LTFP review is planned for the coming period and this will also need to consider the implementation funding options for the program which currently has no specific additional funding allocation.

· It is noted that a number of longer-term improvements for the LTFP are aligned, and dependent upon, the Council’s wider review and technology uplift initiatives as well as other projects such as the Asset Management Improvement project and Developer Contribution Plan reviews which are currently underway.

· Immediate focuses over the coming months will include:

o Recruitment for and embedding of new resources.

o Implementation of monthly budget back at a Business Unit level

o Finalisation of the financial reporting framework, finance dashboards and risk register prioritisation framework.

o Integration of asset management plan data into the LTFP

2. Asset Management Framework (AMF)
a) Overview

Council’s existing AMF was last reviewed in 2015. Improvements to Council’s AMF were identified as a part of the Improvement Plan to support better service delivery and long-term financial planning.

A revised and improved AMF will support Council to:

· Obtain the best value from the $3 billion of community assets that Council manages, supporting the efficient delivery of services to the community.

· Obtain maximum value out of future capital works investments.

· Improve long term strategic and financial planning and sustainability.

· Fulfil asset management compliance requirements under the NSW Government Integrated Planning and Reporting regime.

Council Directors lead the Asset Management Steering Group, underscoring the strategic importance of having an effective and consistent Asset Management approach across all Council operations.

b) Progress since the last report

In late 2022, Council started the two-part project to significantly improve its approach to asset management. Part 1 of the project, the development of a revised Asset Management Framework, will be 90% complete by the end of 2023. The AM Framework consists of Council’s Asset Management Policy, the Asset Management Strategy (AMS), and Asset Management Plans and Long-Term Cost Models for each of 12 asset groups. The Asset Management Policy and Asset Management Strategy are both now in final draft. Six asset management plans and cost models are complete, and the remaining six will be in final draft by the end of 2023.

c) Next steps

The 12 asset management plans and cost models will be internally reviewed and updated with FY2025 budget cost estimates in early 2024.

A summary of revised asset cost modelling data to be included in the Asset Management Strategy will be coordinated with Council’s Long Term Financial Plan in early 2024. The final AM Policy and AM Strategy will then be ready to be presented to Council for adoption, planned for the first half of 2024.

Part 2 of the Asset Management Improvement Project will run from 2024 through to 2026. Prioritisation and resource planning for Part 2 is underway now. Part 2 will implement and embed agreed AM improvements, including better long-term financial planning, establishing clear asset processes and accountabilities, and improving asset systems, data, auditing and asset reporting functionality.

3. Workforce Management Strategy
a) Overview

The Workforce Management Strategy (WMS) was adopted in June 2022 as

part of our IP&R suite of documents for the period 2022-2026.

The objectives of the WMS include:

· Enabling an engaged, empowered and accountable workforce

· Meeting the Local Government reporting requirements under the Resource Plan

· Determining strategies to address skill shortages in leadership roles, engineering and trades during the current low unemployment environment.

· Reducing turnover and driving performance

b) Progress since the last report

The Senior Leadership Team (SLT) and Executive teams were engaged through workshops during 2022 to verify the identified actions prior to adoption of the Strategy.

Progress since the last report include:

· Human Resources Information System (HRIS) Project is progressing against project plans with the implementation of HR Core, Recruitment and Onboarding in quarter two 2023-2024.

· Implemented the new Local Government (State) Award – 2023 with July salary increase of 4.5% and 0.5% additional Superannuation.

· At the Executive Meeting on 24 October 2023 a decision was made to defer the commencement of consultation on the new job grading structure until quarter three.

· Consulted with all employees on the Safety and Wellbeing Action Plan, adopted by the Executive Team in quarter one.

· Policy and Procedure consultation with employees and their Unions on the Recruitment suite, Work Health and Safety Roles and Responsibilities policy, Safe Work Practices procedure and Health and Wellbeing suite.

· To drive a safety culture at Council, a People Leader legal briefing was held in quarter two to reinforce reinforcing the role of the supervisor.

· The Leadership Program for SLT will conclude in quarter two.

· Undertook a Recruitment Audit through InConsult. Ten low and medium recommendations were identified to improve the recruitment process.

· Turnover is reducing year on year at 3.59% for quarter one (6% for the same quarter last year). Council is experiencing an increase in candidates across roles, this includes 228 applications for Trainee and Apprentice positions.

· Divisional recognition resulted in 35 individuals and 23 teams being identified as finalists for our prestigious Summit Awards.

c) Next steps

Continue to deliver against the identified Transformation program actions and key activities which include:

· Continue with the Policy and Procedure Review Plan

· Commence consultation with employees and Unions on the new Job Grading Structure

· A new leadership program for managers aspiring to senior management roles will be initiated in 2024.

· Consult on the new Growth and Development Action Plan and Diversity and Inclusion Action Plan.

· Implementation of the final two HRIS modules; Learning & Development and Performance Management.

· Provide a WHS legal briefing to all operational employees.

· WHS Audit is scheduled for February 2024.

4. Transformation Program (including Service Reviews)
a) Overview

The Transformation program vision is to enable and empower great service delivery, innovation and community connection through efficient, effective and well governed organisational operations.

Key objectives of the program include:

· Achieving the goals set out by our Executive Ambition

· Strategically position Council for now and in the future so we can effectively serve our community.

· Enabling the need to move from a traditional to contemporary way of operating.

· Enhancing Governance and compliance.

· Build people capabilities and empower our workforce.

· Enhancing efficiencies within our operating service delivery model for identified outdoor services.

b) Progress since the last report

The Transformation program updates since the last report include:

· Executive Transformation Board

Governance of Transformation has been strengthened internally by the establishment of an Executive Transformation Board. The Board has been established to provide strategic direction and identification of the transformation projects and their delivery. The Board regularly reviews transformation initiatives and deliverables to address and minimise risks and issues early, and ensure adequate resources and budget are allocated.

The Executive Transformation Board has been established with the inaugural board meeting taking place on Tuesday, 22 August 2023. Consisting of senior executives from across the organisation, the Executive Transformation Board will govern Council’s Transformation Program. The Executive Transformation Board is responsible for the strategic direction of the Transformation and accountable for its delivery.

Key Principles of the Executive Transformation Board are:

· Provide strategic direction. The Board sets the strategic direction of the transformation program and is the escalation point for critical risks and high-level decision making.

· Embeds assurance. The Board regularly reviews transformation initiatives and deliverables to address and minimise risks and issues early, and ensure adequate resources and budget are allocated.

· Monitoring performance. The Board is expected to uphold governance by setting clear, performance measures against the transformation program deliverables and is responsible for holding transformation initiative owners to account in delivering on the key performance measures.

· Prioritisation advisory. The Board advises on the roadmap of priorities of the transformation initiatives.

The Executive Transformation Board will set the example for collaboration and

co-design across the organisation, reinforcing the interrelated and interdependent

nature of the organisation.

· Excellence Health Check Self-Assessment

In our ongoing commitment to fostering continuous improvement and achieving business excellence, a comprehensive self-assessment was recently undertaken to critically analyse the organisation’s systems and performance using the Australian Business Excellence Framework. The results underscore our commitment to delivering business excellence revealing an excellence maturity level of 'efficient’. This pivotal initiative significantly deepened our understanding of the organisational landscape, providing valuable insights into areas of strength and opportunities for enhancement. Leveraging the insights gained from this assessment, the Executive Transformation Board is actively developing targeted improvement actions to further strengthen and achieve the support our journey to excellence. These initiatives are designed to address the identified areas for enhancement, fostering a culture of continuous improvement and reinforcing our commitment to excellence across the organisation.

· Procurement

Our Procurement capability continues to mature in line with our implementation roadmap which seeks to further advance procurement practices.

o We have implemented a new structure for the service and enhanced procure2pay digitisation to automate the purchasing of goods and services which his achieved up to 86% compliance during the year.

o Mandatory procurement training Skills2Procure - Essentials was developed and rolled out in March 2023 and incorporated into new staff onboarding process.

o The next level of procurement training Skills2Procure - Intermediate is scheduled to commence in December 2023.

Significant work has been undertaken to improve data visibility and data taxonomy. Several procurement dashboards have been made available improving visibility and compliance. The supplier segmentation module has been completed with risk assessments to allow council to focus on supplier relationship management.

The Procurement Pipeline, an initiative aimed to enhance transparency in Council contract opportunities went live in October 2023. The internal and external stakeholder sentiment surveys concluded in October 2023 and actions are underway to close the gap on opportunities for improvement.

In November 2023, the revised Statement of Business Ethics was endorsed by Council. The new statement not only aligns with industry standards and best practice but helps us forge the right practices and ethical behaviour with our business partners/suppliers. People, Safety & Performance.

· People, Safety and Performance

We are continuing on the journey in evolving a contemporary people agenda where we have established 16 key projects as part of the People, Safety and Performance Transformation program. A key focus has been on People Strategy Developments including the finalisation of the People Strategic Plan and Worker Safety. Complimentary to our 16 projects is the technology uplift Human Resources Information System (HRIS) which comprises 5 modules which will be released in a phased approach during 2023 and 2024.Three modules HR Core, Recruitment and Onboarding have been implemented during quarter two 2023-2024. Outlined below are the key drivers and benefits for the implementation of the HRIS.

Key drivers for our people include:

o Online access to employee personal information

o Less paperwork and manual processes

o Better employee experience

o Convenient access to online, self-paced learning resources

Benefits for our Business include:

o Simplified processes and systems

o Provides transparency and we will have a trusted central source of our employee data.

o Access to better quality information for decision making.

o Whole of lifecycle management

o Improved workforce regulatory compliance and ease of reporting.

· Long Term Financial Plan

The external review of the Long-Term Financial Plan (LTFP) processes was completed in late 2022 and development of the implementation plan is the next step. This will provide a pathway ensuring our LTFP is underpinned by sufficient capabilities, processes, systems and governance, ensures long-term financial sustainability and robust financial planning. We will see valuable improvement moving forward in strengthening our business processes, technology and data.

· Risk Management

To meet the Risk Management Program of work detailed in Council’s Operational Plan along with the requirements from the Office of Local Government releasing the draft Guidelines for Risk Management and Internal Audit for Local Government in NSW; the Council underwent the need to workshop the key areas of address to review the current Risk Appetite Statement and Risk Consequence table.

Other key areas that flowed from this action included the development, maintenance, and review of the Risk Management Framework, along with the Risk Register and related policies in meeting the AS ISO 31,000:2018 Risk Management - Guidelines.

Addressing these areas focussed on the need to build Risk awareness across the Council, of the importance of managing risk, especially with the move towards zero tolerance for high risk strategic and operational risks. This focus also addresses areas to limit liability, preparing reports for key stakeholders, risk management training, the implementation of a new system, compliance with guidelines. By aligning these actions with the organisation's vision and values, Council seeks to ensure that governing committees (internal and external), like Audit, Risk and Improvement Committee (ARIC) and the Executive Transformation Board, can efficiently support Council, enhancing the organisation's overall risk vision of resilience, sustainability, and risk effectiveness in local governance. The Council will be set up for success to continue to provide the relevant and timely risk reporting, however, to also look at improvements and implement innovative procedures to meet Council’s vision of having a risk culture at its heart.

· Service Reviews

Amendments to the Local Government Act 1993 from the Local Government Amendment (Governance and Planning) Act 2016 required Councils to appoint an Audit, Risk and Improvement Committee (ARIC) to keep under review aspects of Council’s operations, including implementation of the strategic plan, delivery program and strategies, service reviews and the collection of performance measurement data by council (s428A). The resulting changes to the Integrated Planning and Reporting (IP&R) guidelines and handbook identified that the Delivery Program (DP) must identify areas of service the Council will review during its term and the Operational Plan (OP) must specify each review to be undertaken during that year. During the 2022-2026 Delivery Program Councils are required to include broad actions working towards implementing a service review program and following the 2024 local government elections it is expected all Councils will have a service review program in place to commence the new IP&R cycle.

Council’s current Transformation Program has been established using externally conducted service reviews to provide recommendations for transformative improvement across a number of service areas of Council including Procurement; People, Safety and Performance; Annual Works Program and the Long-Term Financial Planning process.

In parallel to this program of work, the Transformation Team are engaging with Local Government Professionals NSW on an industry wide framework for service reviews which will then be reviewed through the perspective of the Australian Business Excellence Framework to develop a service review program which meets Council’s strategic objectives as defined by the Community Strategic Plan and Executive Ambition.

The resulting service review framework and program will be aligned with Council’s Internal Audit program of work to ensure a culture of excellence and continuous improvement is embedded across all areas of Council.

· Service (efficiency) review of outdoor services

In 2021, Council engaged consultants to undertake a review of outdoor operational areas to identify opportunities for improvements and efficiency gains. The review identified key opportunities for improvement, including aligning asset maintenance with strategic requirements, improving planning and scheduling, and developing delivery performance measurement criteria and resource estimates.

A consolidated annual works program has been developed and is being progressed toward the implementation phase by the relevant Directorates.

c) Next steps

· Continuation of the abovementioned Transformation programs

· Implementation of the final two modules within HRIS, Learning and Performance.

· The LTFP program will focus on completing a discovery phase to support program planning and project prioritisation.

· The Risk Appetite and Consequence Table be presented to the December 2023 Ordinary Council Meeting for adoption. This will enable PMHC to plan and implement the update of the Risk Register, Risk Management Framework and related policies, procedures, and templates. This will involve training and building the risk management profile of the PMHC.

· Strengthen the approach to Transformation Strategy and governance.

· Development of a Customer Experience Strategy

· Development of a Digital Strategy

· Development of a Change Management Framework

· The Transformation Team will continue to engage with Local Government Professionals on development of a best practice service review framework and prepare recommendations for Council Executive on the service review program to be included in the next DP.

· Development and implementation of a Payroll Improvement project

5. Technology Improvements

a) Overview

The Digital Technology (DT) roadmap seeks to address the following:

· Unfavourable user satisfaction with core systems

· Cyber Security maturity is low

· Increasing the customer focus within the DT Strategy Roadmap

· Build productivity and resilience

· Drive value from existing investments

· Addressing legacy back-end systems requiring immediate uplift

b) Progress since the last report

Our Digital Technology Strategy, aligned with the Council's digital transformation vision, continues to make significant strides. With our overarching goals of enhancing Customer Experience, Data Utilization, and Cyber Security, we are actively progressing with various initiatives. These efforts are integral to our strategy cycle (2023-2028), ensuring that our digital future is both sustainable and innovative.

Current Priorities:

· Cyber Security Remediation: Strengthening our defences and response capabilities to mitigate digital risks.

· Cloud Migration: Advancing our infrastructure to a more flexible and scalable cloud environment.

· Knowledge Management Review: Streamlining our knowledge management systems to enhance information accessibility and sharing.

· Integration Platform Development: Finalizing a robust platform to facilitate seamless digital integration across departments.

· Data Warehouse Implementation: Establishing a central repository for consolidated, secure data storage for reporting and analysis.

· Online Certificates: Enhancing our online services for convenient public access to essential documents and resources.

· Field Workforce Enablement: Equipping our field staff with advanced tools, including satellite-linked vehicles, to improve operational efficiency and service delivery.

Recently Completed Projects:

· DPE Portal Integration: Successfully integrated four services, a first for any council in NSW as of 27 November 2023.

· HRIS Rollout: Implemented the core modules of our Human Resource Information System.

· MFA Implementation: Strengthened security with Multi-Factor Authentication across our systems.

· Online Bookings System: Launched a user-friendly platform for public bookings and reservations.

· Enhanced Customer Facing Transactions: via Occupational Certificate Inspection Forms, Cemeteries Forms etc alongside a number of online payment options.

c) Next Steps

In the coming months, our focus will shift to further integration and upgrading initiatives, continuing our journey towards a fully digital-enabled Council. Our commitment to Cyber Security Uplift, Cloud Migration, Core Network Upgrades, and Workforce Mobility remains steadfast, as we strive to enhance our service delivery and operational efficiency through technology.

6. Future Considerations

As previously noted, impacts on the General Fund Operating Performance Ratio can also be achieved through positive impacts on general fund revenues.

Future consideration will be given to including a formalised strategic review of revenue opportunities as part of the Improvement Plan. This would be in addition to current initiatives in this space including more active management of Councils Strategic Property Portfolio and developing/updating masterplans for the respective Commercial Business operations.

Options

This is an information report.

Community Engagement and Internal Consultation

Internal Consultation has been undertaken with:

· Chief Executive Officer

· Executive Team

· Executive Manager Transformation

· Chief Information Officer

· Group Manager Financial Services

· Group Manager Utilities Planning and Design

· Group Manager Operational and Project Delivery

· Group Manager People, Safety and Performance

· Asset Management Coordinator

Planning and Policy Implications

The components of the Improvement Plan will contribute to improving the maturity of Council’s planning and policy framework, i.e., through the Long Term Financial Plan, Asset Management Framework etc.

Financial and Economic Implications

The Improvement Plan is currently funded from some ongoing budget allocations across a number of areas like Digital Technology plus additional finite budget allocations to Transformation initiatives. A number of unfunded elements of the Improvement Plan, for example the LTFP, will utilise additional one-off funding from the Improvement Plan Reserve once a plan on how to best utilise the current reserve funding has been developed.

Appropriate procurement processes will be followed for each component as required, including the verification of approved budget and funding sources to service the work.

Should further Council approval be required for these allocations, approval will be sought through the monthly financial reports.

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 10.11

Subject: Policy Review - Draft Petitions Policy - Following Public Exhibition

Presented by: Business and Performance, Keith Hentschke

Alignment with Delivery Program

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

RECOMMENDATION

That Council:

1. Adopt the draft Petitions Policy.

2. Thank those that made submissions and advise them of Council’s determination in this matter.

Executive Summary

Council currently has a Petitions Policy to create a more formal and transparent process to manage the receipt and actioning of petitions received by Council. Council’s current policy was last adopted by Council in November 2020. At the September 2023 Ordinary Council meeting, Council resolved to place an updated draft policy on public exhibition with a further report to come back to Council detailing submissions received.

Council received 24 submissions that are summarised in the engagement report attached as Attachment 1.

Discussion

Council regularly receives petitions from members of the public on matters that are the business of Council. Council currently has a Petitions Policy to create a more formal and transparent process to manage the receipt and actioning of petitions received by Council. Council’s current Policy was last adopted by Council in November 2020. At the September 2023 Ordinary Council meeting, Council resolved to place an updated draft policy on public exhibition with a further report to come back to Council detailing submissions received.

Following consultation, several proposed amendments were made to the draft policy which have been shown in red in the attached draft Petitions Policy (Attachment 2). These changes include:

· Removing the requirement to use the Council template noting that if the template is not used minimum requirements as specified in the policy must be met for the petition to be accepted. It was suggested in submissions that it should be mandatory to use the provided template. It is not recommended to accept this suggestion as the minimum requirements are listed for a petition and the use of this template is encouraged but not essential.

· An increase in the number of signatories for a petition to be presented to Council from 100 to 250. It was originally proposed to increase this number to 500 but as a result of public submissions, it is recommended that this value be 250. There were several comments that smaller communities may experience difficulty in achieving 500 signatures so a smaller increase in required signatures to 250 is recommended. It is noted that a number of signatures below 250 does not mean that the petition is not considered by Council. It will be managed in other ways than through a formal Council meeting agenda item.

· Inclusion of an appropriate response by Council to the consideration of a petition. Some submissions indicated that they felt this was too generic however as petitions may be received on a wide range of topics, each response will be different and the statement needs to be broad to cover all these options.

· Several minor administrative changes to the policy for clarity.

Electronic petitions are becoming more commonplace however, some electronic petitions don’t always express the positions of stakeholders with a local interest. Electronic petitions can include many signatures from people who reside overseas and throughout Australia which do not necessarily accurately reflect the views of local stakeholders. This Policy addresses how Council will respond to electronic petitions. One submission suggested that electronic petitions be accepted however this suggestion has not been recommended due to the reasons in the draft policy.

Several other suggestions were made however they have not been recommended. These include ensuring that the signatories are residents of the Port Macquarie-Hastings LGA and certification of petitions by a JP which are not feasible suggestions and would complicate the process for the community.

It is proposed that the draft Petitions Policy as attached as Attachment 2 be adopted.

Options

· That the draft policy be adopted.

· That the draft policy be amended and adopted.

· That the draft policy be rejected.

Community Engagement and Internal Consultation

The draft Petitions Policy was placed on public exhibition between 5 October 2023 and 2 November 2023 with 24 submissions being received from the public. The engagement report is attached as Attachment 1.

Planning and Policy Implications

Upon adoption, this will become Council’s Petitions Policy and replace the current policy.

Financial and Economic Implications

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

Attachments

1. Draft Petitions Policy Engagement Report

2. Draft Petitions Policy

Item: 10.12

Subject: Policy Review - Strategic Property Investment Policy

Presented by: Business and Performance, Keith Hentschke

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:

1. Publicly exhibit the draft Strategic Property Investment Policy for a period of not less than 42 days.

2. Note that a further report will be tabled at the March 2024 meeting of Council, detailing the submissions received from the public during the exhibition period.

Executive Summary

An important component of public sector governance is establishing key policies and ensuring they are clear, available, regularly updated and monitored for compliance.

The Strategic Property Investment Policy has been reviewed for consideration by Council.

Discussion

Council’s Operational Plan 2023-2024 includes an action to develop a Strategic Property Investment Framework and supporting policy to guide decision making and ensure probity, transparency and equity in Council's commercial property dealings by December 2023.

The existing Property Investment Policy from 2017 has been reviewed in 2023 as part of the development of this Strategic Property Investment Framework. The revised policy will now be called the Strategic Property Investment Policy.

Attachment 1 details the policy amendments resulting from an extensive internal consultation and review process. Deletions have been struck through, and the deletions and additional text are marked in red.

The amendments reflect Council organisational changes, include minor rewording, and a new section outlining Council’s role in property development. This new section underscores Council’s strategic objective to take a more commercial approach to property investment. The Framework and the Policy have also been specifically aligned with the Environmental Planning and Assessment Amendment (Conflict of Interest) Regulation 2022.

Strategic Property Investment Framework

Council has progressed the Strategic Property Investment Framework in 2023 to provide improved policy objectives and guidance on Council’s property investment and development activities, and to ensure probity, transparency, and equity in Council’s commercial property dealings.

The draft Framework now consists of the following key documents:

· Strategic Property Investment Policy

· Strategic Property Investment Procedure

· Strategic Property Investment Priority List - Disposals

· Strategic Property Investment Portfolio Overview (an overview of about 125 potential properties considered for retention, future development or disposal)

The Executive have reviewed the draft Strategic Property Investment Framework and a Councillor briefing on the Framework was held on 19 October 2023. The Strategic Property Investment Policy has been endorsed by Executive and the proposed draft amendments are now recommended for consideration by Council.

Subject to Council resolving to publicly exhibit the Strategic Property Investment Policy, the completion of the public exhibition process, and the final adoption of the Policy, the next steps in finalising the Strategic Property Investment Framework are as follows:

· A Councillor briefing on the Property Investment Priority List - Disposals - will be held in March 2024.

· The Strategic Property Investment Portfolio Overview will be subject to a final review, and a Councillor briefing on the final draft is planned for March 2024.

· The draft internal Strategic Property Investment Procedure - will go through a final review, including relevant amendments as a result of any Council agreed changes to the Policy as part of the public exhibition process. The Procedure will then be formally adopted by the Executive in the first half of 2024.

10.

Options

Council has the option to not adopt the draft Strategic Property Investment Policy for exhibition.

Community Engagement and Internal Consultation

This Policy is planned to be publicly exhibited for a period of 42 days, with the longer exhibition period allowing for the 2023 Christmas holiday period.

Internal consultation included the following stakeholders:

· Councillor were briefed in September 2022 and October 2023

· Chief Executive Officer

· Director Business and Performance

· Director Community Infrastructure

· Director Community, Planning and Environment

· Director Community Utilities

· Group Manager Governance

· Property Leasing Coordinator

Planning and Policy Implications

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

Financial and Economic Implications

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

Attachments

1. Strategic Property Investment Policy - marked up version

AGENDA Ordinary Council

14/12/2023

Item: 10.13

Subject: Property Investment Portfolio - Annual report

Presented by: Business and Performance, Keith Hentschke

Alignment with Delivery Program

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

RECOMMENDATION

That Council:

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

2. Request the Chief Executive Officer adopt a reporting period aligned with financial year reporting, for future Property Investment Portfolio annual reports to cover the period 1 July to 30 June, with the report tabled at the following November Ordinary Council meeting.

Executive Summary

The total land value of Council’s property asset portfolio at 30 June 2023 was $168.8million, made up as follows:

· Community Land $47.76m

· Operational $121.03m

The total land value of Council’s property asset portfolio at 30 June 2022 was $167.8 million. The portfolio value has increased in 2023 by approximately $1million.

At November 2023, the portfolio consists of 1,240 property assets, 602 which are for community use, and 638 which are designated for operational use.

Recommendations regarding individual property transactions within or to be added to the Portfolio are made to Council in accordance with Local Government Act requirements and with Council investment policies, strategies, and priorities, after considering market conditions and opportunities.

Discussion

Council adopted a Property Investment Policy in December 2017, to formalise the

use of property investment by Council. Annual reporting on the performance of the Property Investment Portfolio was subsequently agreed to on 20 November 2019 where Council resolved:

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.

The following report covers the performance of the Property Investment Portfolio for the 12-month reporting period to 31 October 2023. Land values and lease income are calculated at 30 June 2023.

In order to better align property reporting with financial year reporting, it is recommended that Council agrees that future Property Investment Portfolio annual reports align to the financial year period 1 July to 30 June, with the report to be tabled at the following November Ordinary Council Meeting after completion of the external audit. Resolution 2 above reflects this requested minor reporting change.

During the 2023 reporting period, Council’s approach to managing the Property Investment Portfolio has focused on three key areas:

· Property Management - leasing and licencing activities;

· Developing the Strategic Property Investment Framework - improving property policies, procedures, and data; and

· Property Development - including purchase and disposal opportunities.

Property Management

The focus during 2023 has been on continuing to ensure that appropriate commercial and community leases, licences and approvals are in place for existing Council owned properties.

Council generates around $1.1 million per annum in property-based lease and license income, through 239 different lease and licence arrangements as detailed below. During the upcoming reporting period, Council will continue to manage commercial and community leases and seek to identify additional property-based revenue opportunities where appropriate.

PROPERTY PORTFOLIO STATISTICS	SEPTEMBER 2023	NOTES
Leases and Licences	No. of Properties
PMHC as Lessee	88	Some short-term Crown Licences finishing.
Airport	33	New Agreements
Commercial	28	Stable with some renewals
Community	86	New agreements completed and more in draft
Outdoor Dining and Trading	56	Some businesses closing and others changing ownership
Residential	5	Stable
Temporary Licences	31	New businesses commencing
Total Number of Leases and Rental Income	327	Slight decrease overall in numbers, however multiple agreements changing ownership requiring new agreements.

Strategic Property Investment Framework

Council has progressed the Strategic Property Investment Framework in 2023 to provide improved policy objectives and guidance on Council’s property investment and development activities, and to ensure probity, transparency and equity in Council’s commercial property dealings.

The draft Framework now consists of the following key documents:

· Strategic Property Investment Policy

· Strategic Property Investment Procedure

· Strategic Property Investment Priority List - Disposals

· Strategic Property Investment Portfolio Overview (an overview of potential properties considered for future retention, use or disposal)

The Executive have reviewed the draft Strategic Property Investment Framework and a Councillor briefing on the Framework was held on 19 October 2023. The Strategic Property Investment Policy has been endorsed by Executive and is presented to Council for adoption in December 2023.

Property Development

Council has progressed a number or property transactions and property projects in the last 12 months, as detailed below:

Tuffins Lane (purchase)

The Council purchase transaction for 10-20 Tuffins Lane, Port Macquarie commenced in late 2022 and was settled on 11 January 2023. The land has been classified as operational land.

4 Major Innes Drive, Port Macquarie (purchase)

Purchase of the vacant R1 General Residential property was approved by Council on 15 June 2023 to support the delivery of current and future community services, including future road widening and strategic transport planning initiatives.

The property transaction settled in July 2023 and the land has been classified as operational land.

Lot 1, Lake Innes Drive, Lake Innes (proposed sale)

Council resolved to sell this 1010 sqm lot of rural land in November 2023. The land was auctioned on 2 December 2023 and the land sold on the day. A report with details of the sale will be prepared for the February 2024 Ordinary Council Meeting.

Partridge Creek residential subdivision

The Council-owned site has a DA approval valid until 3 April 2026 for a 10-stage subdivision with 500 lots zoned R1 Residential, an E1 Local Centre and 2 open space areas.

Council’s Executive has reviewed the recommended divestment strategy, which will allow Council to test the market interest in a project development agreement (PDA) approach, and in parallel, also allow developers to make a bid to acquire the site directly through a direct purchase arrangement. The recommended option will allow an assessment of whether the proceeds from an immediate sale provide a higher ‘present value’ than the optimised but delayed returns via a PDA, after allowing for Council costs in undertaking a more complex and lengthy PDA transaction process.

Council has received interest from a number of developers regarding this site.
As well as the recommended PDA or direct sale approach, Council has a number of options for this site including other joint development and sale options which deliver a varying range of commercial and social outcomes, with an associated range of risk profiles and yields.

Councillors were briefed on the recommended options on 13 April 2023. Long term development strategies, supply and demand factors, interest rates and a wide range of other local and economic factors will need to be carefully considered before a land transaction of this magnitude can be progressed. A plan on how we approach the market is proposed to be developed in 2024 Q1 following Council adoption of the Risk Appetite Statement.

Kew Industrial land

This industrial land is Lot 1, DP729726, Ocean Drive Kew, and the western part of Lot 100, DP 1130726, 178 Nancy Bird Walton Drive Kew. Council resolved at the Ordinary Council Meeting on 16 February 2022 to proceed with detailed planning for this land in order to submit a development application for an industrial land subdivision.

Progress with this industrial land development project is progressing well. The pre-lodgement submission has been made and reviewed by Council’s planning team, and feedback incorporated into the planning pathway. Detailed subdivision planning has commenced, and the DA is expected to be lodged for approval in the second half of 2024.

The land is on Council’s draft priority list for disposal in 2024. If the DA is approved, the land should be ready for sale at the end of 2024. The large eastern section of Lot 100, about 30 hectares, will be excised out and retained by Council.

Emily Avenue, Port Macquarie

Council has an approved 5 lot residential subdivision at 36 Emily Avenue, Port Macquarie. The DA expires on 22 May 2025. The land included the site of a former Council works depot, and remediation works must be completed before the land can be sold or developed. Detailed planning is underway to resolve this issue to enable the land to be brought to market.

Partridge Creek, Thrumster - Industrial

Council owns a 15ha parcel of land at Thrumster zoned IN2 Light Industrial

which is available for future development. Consultants have been engaged in 2023 to prepare a report with site development options and the draft report will be available in the first half of 2024.

Port Macquarie Airport - Business & Technology Park Development

The Port Macquarie Hastings Local Environmental Plan 2011 (Amendment 56) was

approved on 10 September 2020, providing 23.75 hectares of B7 Business Park zoned land for future development, strategically located at Port Macquarie Airport;
a regional hub and significant gateway to Port Macquarie and the broader region.

Further planning work and investigation has been put on hold until the Airport Master Plan has been revised and developed in 2024. The master planning process will ensure that risks and growth options are mapped out and well-integrated when planning further major development at the Airport.

Lot 101 and Lot 102 Pacific Drive, Port Macquarie

Discussions are continuing with the adjacent landowners and developers in regard to access and easement arrangements.

Options

The Property Investment Portfolio annual report if for noting only. Council could resolve not to change the report timing (as set out in the resolution).

Community Engagement and Internal Consultation

The contents of this report are for noting only and there has been no specific community engagement undertaken in preparing this report.

Council’s Finance team and Property and Leasing Coordinator were consulted in preparing this report.

Planning and Policy Implications

The contents of this report are for noting only and there are no planning or policy implications in relation to this report.

Financial and Economic Implications

The adopted Property Investment Policy aims to support the long-term financial

sustainability of Council and improve long-term outcomes for the community.

The contents of this report are for noting only and there are no specific financial or economic implications in relation to this report.

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 11.04

Subject: Port Macquarie Central Business District Alcohol Free Zones and Alcohol Prohibited Areas

Presented by: Community, Planning and Environment, Melissa Watkins

Alignment with Delivery Program

2.1.1 Support community safety initiatives.

RECOMMENDATION

That Council:

1. Approve the proposed Alcohol Free Zones and Alcohol Prohibited Areas in the Port Macquarie Central Business District as detailed in the body of this report.

2. Provide seven (7) days Public Notice advising the community of Council’s establishment of alcohol restricted locations in the Port Macquarie Central Business District.

Executive Summary

To support safe communities, we have Alcohol Free Zones and Alcohol Prohibited Areas in the Port Macquarie Central Business District (CBD). Like other councils in New South Wales, Council restricts and enforces alcohol free zones in the town centre to reduce instances of alcohol-related anti-social behaviour and crime. There are two categories of restrictions in the Port Macquarie Hastings Local Government Area (LGA):

1. Alcohol Free Zones (AFZ) encompassing public roads, sidewalks, and public parking areas. Also including separable Entertainment Precincts where restrictions can be varied under Council approval to support events.

2. Alcohol Prohibited Areas (APA) in public parks and reserves. These areas are subject to specific conditions that restrict the consumption of alcohol at certain times of the day.

Council established alcohol restrictions in the CBD in 2007; an action under the then Crime Prevention Plan. The operation of the restricted areas and policy was reviewed in 2014, 2019 and 2022. The Alcohol Use on Public Reserves and Beaches Policy was rescinded by Council on 16 June 2022 replaced with the Management of Public Spaces Policy. This report seeks Council approve to re-instate the existing Alcohol Free Zones and Alcohol Prohibited Areas shown in the attached map (Attachment 3), which expired on 31 October 2023.

To understand if a change to the locations was required, staff consulted with the Mid North Coast Licensing Coordinator, Port Macquarie Police and the Hastings Liquor Accord. All parties have recommended in the attached supporting letters (Attachment 1 and 2 respectively), that the current restricted zones be re-instated for a further 4-year period.

Community engagement was also undertaken on our intention to reinstate the existing Alcohol-Free Zones and Alcohol Prohibited Areas, a requirement under the Local Government Act 1993. The proposal and map was exhibited from 7 November to 21 November 2023 (14 days). No submissions were received during the consultation period. Refer to the Engagement Summary (Attachment 4).

Discussion

Both AFZs and APAs allow enforcement officers from the NSW Police and Council to address instances of public intoxication and anti-social conduct.

The objectives of alcohol restrictions in the Port Macquarie CBD are to:

· Create safe and enjoyable public spaces

· Reduce alcohol related violence and litter

· Reduce the level of malicious damage

· Reduce the level of disorderly conduct

· Support licensed premises with Responsible Service of Alcohol obligations

· Maintain public perception of a safe regional city.

Alcohol control zones can be established (or varied) on a temporary basis for events and special celebrations such as New Year's Eve, Australia Day, or for a specified timeframe in parks, ensuring flexibility in their implementation. Further, it is important to note that the designated zones and areas are unrelated to licensed premises. Council supports the night-time economy and businesses that contribute to a vibrant, diverse, and safe community through our liquor licence social impact assessments, event approvals, leases, and licences.

The existing AFZ and APA for the Port Macquarie CBD expired on 31 October 2023. In accordance with the Local Government Act 1993, a resolution of Council is required to re-instate the locations for a further 4 years; the maximum period permitted under the Act.

Alcohol restricted locations

As shown in the map (Attachment 3) Alcohol Free Zones (APZ) operate at the following locations 24 hours a day, 7 days a week:

· East from the Buller Street Bridge to Murray Street including Short, Horton and Hay streets, and Keen, Barracks and Phillip lanes

· North from the top end of Horton Street through to Sunset Parade including Clarence, William, and Hayward streets.

· West from bottom end of Horton Street to Gordon Street to Kooloonbung Creek

· In three Entertainment precincts (including Clarence Street (river end), Town Square and the Glasshouse Forecourt (Hay Street). Restrictions can be varied for events with Council approval.

Alcohol Prohibited Areas (APA) are in place at all Council owned or managed parks, reserves and sports fields restricting consumption of alcohol from 9:00pm to 12:00pm (noon). Where prohibition exists, approval can be sought through an application to Council in conjunction with Local Area Command (Police), to vary the condition for a specific event (Section 68 Approval).

Alcohol crime

Alcohol management strategies include:

• A 1.00am lockout of licensed premises

• Meetings and programs of the Hastings Liquor Accord (100+ businesses)

• Education and harm reduction campaigns and programs through the Hastings Liquor Accord including Plan B and Rethink Your Drink.

• Secure Taxi Ranks

The NSW Bureau of Crime Statistics (2021) note Port Macquarie has a moderate safety profile with malicious damage to property the most common type of crime in Port Macquarie. The Port Macquarie CBD is the main identified Police ‘hot spot’ for alcohol related crime.

Enforcement

AFZ and APA provide Police and Council officers with the power to address issues of public intoxication and antisocial behaviour. Anyone consuming alcohol in an AFZ or APA must first be given a warning and the opportunity to cease the activity. Confiscation or tipping out of alcohol can take place at the discretion of enforcement officers. Further fines can be issued by Police officers where appropriate.

Local Police and the Hastings Liquor Accord have asked Council to continue with the current locations for a further 4 years. Refer to letters of support (Attachment 1 and 2 respectively).

Signage

Staff will review the signage and update any outdated signs prior to the start of the holiday season.

Cancelling or suspending the zones

In accordance with Section 645 of the Local Government Act 1993, Council has the power to suspend or cancel a AFZ before the expiry date if deemed necessary, or to hold specific community events. A Council resolution is necessary to do so including publishing a Public Notice advertising our intention to suspend and/or cancel the arrangement. In the case of a cancellation, all signage would need to be removed immediately.

Options

Council may request further information or a variation to the restricted locations and/ or timeframe.

Community Engagement and Internal Consultation

In preparing this report input was invited from Environment and Regulatory Services and Governance groups.

Externally, staff consulted with Police, the Hastings Liquor Accord, and publicly exhibited the proposal on ‘Have your Say’ including direct notifications to Aboriginal Land councils.

The Police have requested Council retain the existing alcohol restricted locations for another 4 years. Refer to Attachment 1, for the supporting letter from Mid North Coast Police Licensing Co-ordinator. This is also the view of the Hastings Liquor Accord comprising 100 plus members including businesses, licenced hotels, clubs, liquor stores, restaurants, café’s, brewers, and accommodation providers. Refer to Attachment 2, for the supporting letter from the Hastings Liquor Accord.

The proposal and map of alcohol restricted locations was publicly exhibited from 7 - 21 November 2023. In addition, and in accordance with the Department of Planning and Environment Guideline on Alcohol Free Zones and Alcohol Prohibited Areas in NSW and Local Aboriginal Land councils were notified of this proposal. No submissions were received during the consultation period. Refer to the Engagement Report (Attachment 4).

Subject to Council’s endorsement, the Minister’s best practice guideline requires Council to notify the community of the alcohol restricted areas by way of a Public Notice for a period of 7 days.

No submissions were received during the exhibition period. Refer to the Engagement Report (Attachment 4).

Planning and Policy Implications

This review is linked to the previous Alcohol use on Public Reserves and Beaches Policy rescinded in 2022, replaced by the Management of Public Spaces Policy.

There are no proposed changes to the existing AFZ and APA in the Port Macquarie CBD.

Financial and Economic Implications

There are minor financial costs associated with the associated signage audit and update of regulatory signs for alcohol restricted locations.

Attachments

1. Support for Alcohol Restricted Zones - Police

2. Liquor Accord Letter of Support Oct 2023

3. Alcohol Restricted Zones - Port Macquarie CBD

4 . Engagement Summary - Draft Alcohol Free Zones

AGENDA Ordinary Council

14/12/2023

Item: 13.01

Subject: Update on Site Specific Planning Proposal Requests Bi-Annual Report

Presented by: Community, Planning 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. Note the status of site specific Planning Proposal requests detailed in this report; and

2. Receive a further update report in June 2024 regarding the progress of site specific Planning Proposal requests.

Executive Summary

The purpose of this information report is to provide Council with an update on the status of the current site specific Planning Proposal requests.

Since the June 2023 Council report, there has been progress made on a number of site specific planning proposals as outlined in this report.

It is recommended that Council note the status of the site specific planning proposal requests to amend the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP).

Council will receive individual reports on each of these planning proposal requests at key stages of the process, and a further update report will be presented to Council in June 2024.

Background

Council at its meeting on 15 June 2023, considered a report on the status of seven site specific planning proposal requests (Item 13.05) and resolved:

That Council:

1. Note the status of site specific Planning Proposal requests detailed in this report.

2. Receive a further update report in December 2023 regarding the progress of site specific Planning Proposal requests.

Discussion

Status of Site Specific Planning Proposals (Planning Proposals) - Dec 2023

Since the June 2023 Council report, progress has been made on the following planning proposals:

· PP2022-2.1 to rezone land from RU1 Primary Production to part SP2 Infrastructure (school) and part C2 Environmental Conservation to enable a school at 1175 and 1191 Ocean Drive Bonny Hills, provided the additional information.

Two planning proposal were returned:

· PP2023-4.1 to rezone land from C2 Environmental Conservation to RE1 Public Recreation to enable a tidal pool including an amenities block and car parking at Pacific Drive Port Macquarie (Oxley Beach); and

· PP2023-6.1 to rezone part of the subject land from E4 General Industrial to MU1 Mixed Use at 314 John Oxley Drive Thrumster (Thrumster Business Park).

Below in Table 1 is an update on all of the site specific Planning Proposal requests reported in June 2023.

Table 1: Status of Site Specific Planning Proposal Requests (December 2023)

Item No	Planning Proposal Ref.	Property	Summary of amendment to LEP	Fees Paid	Status June 2023	Status December 2023
1.	PP2022-2.1 (Portal Ref PP-2023-653) Lodged: 21/04/2022	Lot 6 DP 594793, Lots 6 & 7 DP 594792, 1175 & 1191 Ocean Drive Bonny Hills	Rezone land from RU1 Primary Production to part SP2 Infrastructure (school) and part C2 Environmental Conservation to enable an education establishment.	Yes Stage 1	Applicant provided opportunity to provide additional information to address issues of ecology and access.	Ongoing To be reported to Council in December for consideration to proceed to Gateway determination stage.
2.	PP2023-5.1 (Portal Ref PP-2023-446) Lodged: 01/03/2023	Lots 1 & 2 DP 1091253, Beach Street Bonny Hills	Rezone land from R1 General Residential and RU1 Primary Production to C2 Environmental Conservation and R1 General Residential.	Yes Stage 1	Awaiting additional information	Ongoing Awaiting additional information.
3.	PP2023-4.1 (Portal Ref PP-2023-1073)	Pacific Drive Port Macquarie (Oxley Beach)	Rezone land from C2 Environmental Conservation to RE1 Public Recreation to enable a tidal pool including an amenities block and car parking.	Yes Stage 1	N/A	Application returned on 14 June 2023. Comments from external and internal stakeholders requested to inform Proponent of the issues with the proposal. The Proponent is engaged with Council staff to identify further information required.
4.	PP2023-6.1 (Portal Ref PP-2023-1908)	Part Lot 2 DP 1245588, 314 John Oxley Drive Thrumster	Rezone part of the subject land from E4 General Industrial to MU1 Mixed Use.	Yes Stage		Application returned 12 September 2023. Requested additional information regarding the lack of substantive strategic justification, suitability of infrastructure to service the proposal and methodology of technical studies. The Proponent is engaged with Council staff to identify further information required.

Options

The update on the site specific Planning Proposals is for information only.

Community Engagement and Internal Consultation

Depending upon the stage of the Planning Proposal, consultation may have been undertaken between Council staff, proponents, State agencies and the public.

Further community consultation consistent with the requirements of the Environmental Planning and Assessment Act 1979 (EP&A Act), NSW Department of Planning and Environment (DPE)’s LEP Making Guideline and Council’s adopted Community Participation Plan will occur where a Planning Proposal is supported by Council and a Gateway determination is received.

Planning and Policy Implications

Council’s consideration and assessment of requests for Planning Proposals is governed by the EP&A Act, Environmental Planning and Assessment Regulations 2000, various state policies, DPE guidelines and Council’s Planning Proposal Policy.

The key milestone stages and benchmark timeframes in the LEP Making Process are now as follows:

Stage	Maximum Benchmark Timeframes (working days)
	Basic	Standard	Complex	Principal
Stage 1 - Pre-lodgement	30 days	50 days	60 days	20-30 days
Stage 2 - Planning Proposal	80 days	95 days	120 days	40 days
Stage 3 - Gateway Determination	25 days	25 days	45 days	45 days
Stage 4 - Post-Gateway	20 days	50 days	70 days	160 days
Stage 5 - Public Exhibition & Assessment	70 days	95 days	115 days	95 days
Stage 6 - Finalisation	25 days	55 days	70 days	80 days
Sub-total (DPE Target)	140 working days	225 working days	300 working days	380 working days
Total (end to end)	220 days	320 days	420 days	420 days

Importantly, DPE has committed to monitoring the LEP making process and individual Council performance in respect of the process as part of implementing planning reforms. The aim being to reduce assessment times, and make it easier to invest in NSW. The Department has a target of achieving a 33% reduction in average planning proposal assessment timeframes measured from referral of a planning proposal for Gateway to finalisation (publication of the amending instrument on the NSW legislation website).

A separate report for Council’s consideration will be required for each Planning Proposal that is accepted through the Planning Portal, as to whether or not to support an amendment being made to the LEP. If supported, the Planning Proposal will be forwarded to DPE for a Gateway determination.

In the event Council does not indicate support for the proposal or has failed to indicate its support within 90 or 115 calendar days (depending on the Planning Proposal category), then the proponent has the opportunity to submit a rezoning review application that requests an independent planning panel to evaluate and make a recommendation to the Minister on whether a proposal should progress to Gateway determination.

Financial and Economic Implications

Council fees consistent with current adopted Fees and Charges (Stage 1 and Stage 2 fees) will apply to each of the Planning Proposal requests to amend the LEP.

It should be noted that the Fees and Charges associated with Planning Proposals are presently subject to review and will be updated as part of Council’s holistic fees and charges review, to take into consideration the Council resources required to assess the complexity of Planning Proposals or reflect DPE’s guideline.

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 13.02

Subject: PP2022-2.1 - Planning Proposal Assessment Report - 1175-1191 Ocean Drive, Bonny Hills
Applicant - King and Campbell Pty Ltd
Landowner - St Agnes Catholic Parish, The Trustees of the Roman Catholic Church Diocese of
Lismore

Presented by: Community, Planning 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 Planning Proposal (Attachment 1), to enable rezoning of land for a proposed education establishment at Bonny Hills prepared under section 3.33 of the Environmental Planning and Assessment Act 1979.

2. Forward the draft Planning Proposal to the NSW Department of Planning and Environment for a Gateway Determination under Section 3.34 of the Environmental Planning & Assessment Act 1979, and request that the Gateway Determination authorise Council to be the local plan-making authority.

3. Delegate authority to the Director Community, Planning and Environment to make any minor updates to the Planning Proposal prior to seeking a Gateway Determination, and/or as a result of the issue of Gateway Determination.

4. Receive a report following the public exhibition period on any submissions received.

Executive Summary

The purpose of this report is for Council to consider a request to prepare a Planning Proposal (PP) to enable rezoning of Lots 6 and 7 DP594792 and Lot 6 DP594793, 1175 and 1191 Ocean Drive (Corner of Ocean Drive and Bonny View Drive), Bonny Hills (subject site) from zone RU1 Primary Production to part zone SP2 Infrastructure (School) and part zone C2 Environmental Conservation under the Port Macquarie-Hastings LEP 2011 (LEP).

This planning proposal seeks to permit educational establishments on lands identified for investigation for use as a school in the Port Macquarie-Hastings Urban Growth Management Strategy 2017-2036 and located adjacent to the Lake Cathie/Bonny Hills Urban Release Area.

The application was prepared by King and Campbell Pty Ltd on behalf of landowners St Agnes Catholic Parish, The Trustees of the Roman Catholic Church Diocese of

Lismore.

The Planning Proposal has strategic merit as the proposal is consistent with plans and strategies including giving effect to action 17 of the UGMS and is located centrally to provide secondary education services to Bonny Hills, Lake Cathie and the broader region.

This report recommends that Council forward the Planning Proposal (PP) to the Department of Planning and Environment (DPE) for a Gateway determination to rezone Lots 6 and 7 DP594792 and Lot 6 DP594793 from zone RU1 Primary Production to part zone SP2 Infrastructure (School) and part zone C2 Environmental Conservation under the LEP.

Background

Subject Site

The subject site is commonly known as Corner of Ocean Drive and Bonny View Drive, Bonny Hills and legally described as Lot 6 and 7 DP594792 and Lot 6 DP594793.

1. Figure 1 Locality Map of Subject Site

The site subject to this application is currently used for semi-rural/large lot residential purposes and contains two dwellings and ancillary structures.

The subject site is currently zoned RU1 Primary Production under the Port Macquarie-Hastings Local Environmental Plan (LEP) 2011.

The subject site adjoins rural residential type development to the west, National Park and potential High Environmental Value land to the north and is surrounded to the south and east by roads, undeveloped land and sporting fields.

2. Figure 2 Aerial Image of Subject Site (Source: King and Campbell)

3. Figure 3: The ‘Site’ and surrounding context

Planning Proposal

Below is a summary of the PP since its lodgement:

Table 1 - Summary of PP Since Lodgement

Date	Summary
April 2022	The planning proposal was formally lodged with Council via the NSW planning portal and relevant fees paid.
May - November 2022	Planning proposal was assessed and referred to relevant internal and external agencies for review. Concerns were identified regarding infrastructure, ecology and vegetation management.
February 2023	Additional information was requested regarding biodiversity, vegetation management and the proposed pedestrian bridge design and asset management.
March 2023	Additional information response was provided by the proponent.
June 2023	A site inspection was undertaken.
September 2023	Further additional information was provided by the proponent to address RFI request.
November 2023	Additional information provided was reviewed and assessed and it is considered sufficient information has been provided for the planning proposal to be reported to Council for consideration.

Discussion

The subject planning proposal seeks to amend the LEP to:

· Rezone the subject site from zone RU1 Primary Production to zone C2 Environmental Conservation and amend the Land Zoning (LZN) Map accordingly;

· The proposed SP2 zone will provide certainty for the local community as to the future development of the site for a high school campus.

· The proposed C2 zone for a minimum width of 30m adjacent to the northern property boundary will retain and protect the vegetation of high environmental value (HEV) and will link with the existing C2 zoned lands and Queens Lake State Conservation Area to the north.

· Amendments to the Minimum Lot Size and Height of Building maps are not proposed with this Planning Proposal on the basis that these development standards do not typically apply to a school use (for example St Joseph’s Regional College at Thrumster).

Figure 4 shows the existing and proposed land zoning of the subject site.

Figure 4: Existing and Proposed zone concept

An assessment of the proposal has been undertaken to inform this determination. As the proposal has strategic merit it is recommended that a Planning Proposal be prepared and forwarded to the DPE for a Gateway Determination.

Consistency with Strategic Planning Framework

North Coast Regional Plan

The subject site is located outside of the Urban Growth Boundary identified in the North Coast Regional Plan. In response to this the proponent has had to satisfy the North Coast Regional Plan Urban Growth Area Variation Principles.

Table 2 - NRCP Urban Growth Area Variation Principle

Variation Principle	Officer’s Response
The variation needs to be consistent with the objectives and outcomes in the North Coast Regional Plan 2041 and any relevant Section 9.1 Directions and State Environmental Planning Policies and should consider the intent of any applicable local growth management strategy.	The Planning Proposal is generally considered consistent with the objectives and outcomes of the NCRP and relevant s9.1 Directions.
The variation needs to consider the use of committed and planned major transport, water and sewerage infrastructure, and have no cost to government. The variation should only be permitted if adequate and cost-effective infrastructure can be provided to match the expected population.	The proponent for the proposal will be required to bear full costs of infrastructure upgrades required in relation to the development.
The variation should avoid areas: • of high environmental or heritage value; and · mapped as important farmland, unless consistent with the interim variation criteria prior to finalising the farmland mapping review.	The proposal seeks to protect areas of high environmental value by zoning them C2 Environmental Conservation. The site is not identified as important farmland.
The variation must be appropriately separated from incompatible land uses, including agricultural activities, sewage treatment plants, waste facilities and productive resource lands.	Uses surrounding the site are considered compatible with a school/educational establishment.
The variation must avoid physically constrained land identified as: • flood prone; • bushfire-prone; • highly erodible; • having a severe slope; and • having acid sulfate soils.	The Planning Proposal adequately addresses physical land constraints.
The variation must protect and manage Aboriginal and non-Aboriginal heritage.	An Aboriginal Due Diligence Assessment Report, prepared in accordance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales (DECCW 2010), accompanies this proposal. The survey identified a potential archaeological deposit (PAD HN-BH-PAD01) on the ridge near the centre of the western boundary of the Project Area. Although no artefacts were found during survey, this elevated land between creek lines was potentially an advantageous place to camp and was also less disturbed than other parts of the Project Area. The report concludes that this PAD is of moderate scientific and cultural significance and is not a constraint to development of the site for the purposes of a school. Archaeological test pitting will be required during the development application stage to confirm the presence of artefacts (Aboriginal objects). If Aboriginal objects are identified an AHIP application will be required. Further studies may be required to address this matter post Gateway determination if the proposal reaches this stage.
Only minor and contiguous variations to urban growth areas in the coastal area will be considered due to its environmental sensitivity and the range of land uses competing for this limited area.	While this land is identified within the coastal strip in the NCRP. It is considered minor and contiguous and is consistent with Council adopted UGMS which has been approved by DPE.

The proposal is considered generally consistent with the objectives of the North Coast Regional Plan. While the subject site is located outside of the urban growth boundary, the site is adjacent to the growth boundary and demonstrates consistency with the growth principles. Further investigations may be required post gateway if the proposal proceeds to this stage.

Local Strategic Planning Statement

Council’s Local Strategic Planning Statement (LSPS) Outlines a strategic planning vision for the LGA and outlines planning principles and priorities to achieve this vision.

The proposal is considered broadly consistent with the priorities and principles of the LSPS. A summary of this has been provided below:

• Environment - Land of high environmental value on the subject site is proposed to be reflected through the land zoning as C2 Environmental Conservation.

• Places - The concept design and master plan for the site provides for connections to the wider area via footpath and underpass connection across Ocean Drive. The proposal identifies that it will embrace and protect existing natural and cultural heritage.

• Connections - The proposal identifies pedestrian and road connections to provide suitable access to the site and connectivity with the broader area. The proposal is supported by a concept master plan and a transport study.

• Economy - The proposed development will allow for greater employment and educational opportunities for the region expected to have a benefit to the regional economy.

• Infrastructure - The Planning Proposal is supported by a stormwater management plan, transport plan and a traffic study. It is noted as per the variation principles that any infrastructure improvements should be at no cost to Council.

Urban Growth Management Plan

The Planning Proposal is consistent with Council’s Urban Growth Management Strategy and gives direction effect to action 17 of the UGMS which states:

Investigate the capacity of land at the intersections of Ocean Drive with Houston Mitchell Drive for light industrial use and at the intersection of Ocean Drive with Bonny View Drive for light industrial development or for use as a school.

The Planning Proposal is supported by various detailed investigations which identify the suitability of the subject site for use as a school. This gives direct effect to Council’s UGMS by implementing action 17.

State Environmental Planning Policies

Table 3 below outlines State Environmental Planning Policies (SEPPs) of relevance to the Planning Proposal:

SEPP	Comments/Rationale
Transport and Infrastructure 2021	Chapter 3 of the SEPP related to educational establishments and child care facilities. This chapter aims to facilitate the effective delivery of educational establishments and early education and care facilities across the State. The subject site is currently zoned RU1 Primary Production which is not a prescribed zone under the SEPP. The planning proposal seeks to address this issue by rezoning the site to SP2 Infrastructure as prescribed by the SEPP. If the proposal is made provisions under chapter 3 of the SEPP will be applicable to the subject site.
Biodiversity and Conservation 2021	Chapter 3 of this Policy applies to rural zoned lands (RU1, RU2, RU3). Where a planning proposal proposes to rezone land that is potential or core koala habitat, the Minister may require the council to prepare an environmental study of the land. A provisional Biodiversity Development Assessment Report (pBDAR) accompanies this Planning Proposal. The assessment under the Policy confirms that the test for potential koala habitat is met as tree species listed under Schedule 2 constitute at least 15% of the total number of trees in the upper and lower strata of the tree component. Chapter 4 of the SEPP will apply to the site upon its rezoning and a future DA for development of the site will be required to address the matters identified at Clause 11 Development assessment process—no approved koala plan of management for land, which will be informed by a koala assessment report.
Primary Production 2021	The aim of this policy is to facilitate the orderly and economic use and development of rural lands for primary production. The site is currently zoned RU1 Primary Production; however, it is not identified as state or regionally significant farmland and has limited primary production value due to its size and location. The Stage 1 Site Contamination Assessment confirms that the site does not have a land use history associated with traditional agriculture or primary production purposes.

Policy Directions for Plan Making - Ministerial Directions under Section 9.1 of the EP&A Act

All Council’s must follow certain directions when preparing Planning Proposals for new and amending LEP’s. The relevant applicable Directions are as follows:

- 1.1 Implementation of Regional Plans

The Planning Proposal is considered broadly consistent with the North Coast Regional Plan. However, it is noted the subject site is outside of the Urban Growth Boundary the Planning Proposal does address the relevant variation principles.

- 3.1 Biodiversity Conservation

The Planning Proposal seeks to rezone areas high environmental value C2 Environmental Conservation. This is considered consistent with this direction.

- 3.2 Heritage conservation

An Aboriginal Due Diligence Assessment Report has been prepared to accompany this Planning Proposal. The survey identified an area of potential archaeological deposit and recommendations have been developed to ensure appropriate testing is undertaken in accordance with the Code of Practice for the Investigation of Aboriginal Objects in NSW before any ground disturbance commences.

If Aboriginal objects are identified during the archaeological testing, then an Aboriginal Heritage Impact Permit (AHIP) application will be required.

Further studies may be required post Gateway determination, if the proposal progresses to this stage.

- 4.3 Planning for Bushfire Protection

The subject site is identified as bushfire prone land. The majority of the site is identified as category 3 while the north west corner of the site is identified as category 1.

The Planning Proposal is supported by a Strategic Bushfire Study (SBS) prepared by BPAD accredited consultant, which has considered this Planning Proposal with respect to bushfire risk and the requirements of Planning for Bushfire

Protection 2019. The SBS concludes:

In the authors professional opinion, the planning proposal is a suitable use of the land and the bushfire protection measured demonstrated in this report comply with the Aims and Objectives of Planning for Bushfire Protection 2019, the Ministers Direction 4.4 Planning for Bushfire Protection and allow for the issue of a Gateway Determination with respect to bushfire matters.

Consequently, in the preparation of the Planning Proposal, Council must consult with the Commissioner of the NSW Rural Fire Service following receipt of a Gateway Determination, as educational establishment is classified as special fire protection purpose.

- 4.4 Remediation of Contaminated Land

A Stage 1 Site Contamination Assessment prepared in accordance with the NSW EPA Guidelines for Consultants Reporting on Contaminated Land (2020) accompanies the planning proposal. the assessment concludes that:

Based on the results obtained in this investigation the site is considered likely to be suitable for the proposed secondary school land use with regard to the presence of soil contamination provided the recommendations and advice of this report are adopted, including the Stage 2 Site Contamination Assessment, and demolition and site preparation works are conducted in accordance with appropriate site management protocols and legislative requirements.

- 9.2 Rural Lands

The Planning Proposal will effect land in a rural zone, however the land has limited agricultural value due to its small size and isolation and is surrounded by rural residential, urban and conservation land uses. The proposal is consistent with a Council adopted Strategy (UGMS) which has been approved by the Planning Secretary.

It is considered that any inconsistency with this direction is justified.

The Planning Proposal is generally consistent with the abovementioned Ministerial Directions. Where inconsistency has been identified this is considered justifiable.

Community Engagement and Internal Consultation

Options

Council’s options are:

1. Refuse the request for a Planning Proposal. The subject land would remain zoned RU1 Primary Production.

2. Proceed with the Planning Proposal and send to the NSW Government Department of Planning and Environment for a Gateway determination. If a favourable Gateway determination is received proceed to action relevant conditions. This is the recommended option.

In relation to Option 1 and not proceeding with the Planning Proposal, this option would involve discontinuing the Planning Proposal. Council staff would advise the proponent of this decision and they would have the option of revising their proposal and resubmitting or request a planning proposal review.

Option 2 is recommended for the reasons outlined in this assessment report. The proposal would give effect to action 17 of the UGMS and ensure future community needs for education and employment are met.

This report recommends support of Option 2.

Community Engagement and Internal Consultation

Government agency and public consultation requirements will be detailed in the Gateway Determination and conducted accordingly.

Internal consultations were undertaken in relation to the following matters:

· Traffic

· Ecology

· Water and sewer servicing

· Stormwater

Planning and Policy Implications

There are no planning and policy implications specifically in relation to this report other than those identified throughout the report and related to a Gateway Determination.

Financial and Economic Implications

A Stage 1 rezoning fee of $16,160 was paid on 21 April 2022 consistent with Council’s Fees and Charges at the time. These fees are designed to cover the cost to Council in assessing and progressing the Planning Proposal.

Conclusion

The request to rezone the subject land is considered to have strategic merit. It is recommended that the planning proposal be forwarded to DPE for a Gateway Determination.

Attachments

1. Draft Planning Proposal PP2022-2.1

2. Draft Concept Plan PP2022-2.1

AGENDA Ordinary Council

14/12/2023

Item: 13.08

Subject: Lake Cathie Natural Resource Management Monthly Update Report

Presented by: Community, Planning and Environment, Melissa Watkins

Alignment with Delivery Program

4.2.1 Develop and implement coastal, estuary, floodplain, and bushfire management plans.

RECOMMENDATION

That Council note the progress of natural resource management projects/initiatives within the Lake Cathie, Lake Innes and Cathie Creek waterways and progress on the Coastal Management Program

Executive Summary

This report provides an update on Lake Cathie/Lake Innes/Cathie Creek waterway natural resource management projects/initiatives and the progression of the Coastal Management Program (CMP) that have occurred since the previous report was presented to the November 2023 Ordinary Council Meeting.

Works currently being undertaken and outlined in this report include:

1. Hydrodynamic Model of Lake Innes, Lake Cathie and Cathie Creek

2. Bundella Avenue Asbestos Remediation Works

3. Sensitive Receptors - Catchment Management: Bushfire Affected Coastal Waterways Project

4. Dredging Lower Cathie Creek

5. Coastal Recreational User Needs Analysis

6. Coastal Hazard Assessment and Coastal Vulnerability Assessment Mapping Project

7. Review of the Opening Strategy

8. Invasive Weed Management

9. Development of Other CMP Chapters

10. Other Projects

Discussion

The following provides an overview of the progress since the last monthly report detailing Council projects and initiatives within the Lake Cathie, Lake Innes and

Cathie Creek waterway, as well as other projects and initiatives related to the

development of the CMP.

1. Hydrodynamic Model of Lake Innes, Lake Cathie and Cathie Creek

Royal HaskoningDHV have provided council staff with a draft version of the final report associated with this project. A suite of computer models to represent Lake Innes-Cathie Estuary were developed to investigate of a range of estuary management options identified by Council, NSW DPE and the local community. The draft report provides an overview of the updated hydrodynamic model and assesses a range of estuary and coastal management options for existing issues and hazards. The report is currently being reviewed by staff from Council and NSW DPE. The report is expected to be finalised in the coming weeks.

2. Bundella Avenue Asbestos Remediation Works

Council and NSW Crown Lands have committed to share the cost of remediating the section of embankment off Bundella Avenue known to contain Asbestos Containing Material, given the contamination has been identified across both Council and Crown Land tenure. Council staff are continuing to work with Crown Lands DPI to identify additional funding to allow costs of on ground remedial works to be spilt evenly. Staff from Crown Lands DPI attended the site on 14 September 2023. If sufficient funding can be identified, it is estimated that the Stage 2 works will be completed in the 2023-2024 financial year.

3. Sensitive Receptors - Catchment Management: Bushfire Affected Coastal Waterways Project

Results from the report ‘Assessing the Impacts of Drought and Bushfire on the Lake Innes / Cathie ICOLL’ by Soil Conservation Services (2023), as well as Rhelm’s Water Quality Monitoring Plan indicated water quality impacts within the shallow embayment’s of Lake Innes / Lake Cathie waterway. Accessing these shallow embayments is very difficult given the remoteness of the embayments, the lack of access by land and the shallowness of the waterway not allowing access by boat. To avoid potential health and safety impacts, Council staff have purchased a drone attachment with contributions from DPE to collect water samples. This attachment is expected to be available to Council by January 2024 and will allow Council staff to monitor these inaccessible impacted areas and allow more informed management decisions about the waterway.

4. Dredging Lower Cathie Creek

Dredging of lower Cathie Creek was completed on 20 October 2023. Council staff are currently looking at opportunities to secure additional funding from DPE to establish additional vegetation along the top of the nourished dune to aid retention of sand and assist in establishing a long-term dune profile.

5. Coastal Recreational User Needs Analysis

The final report associated with the Port Macquarie-Hastings Council Coastal Recreational User Needs Analysis has been completed. The report identifies coastal recreational needs and opportunities across the Port Macquarie-Hastings Council LGA based on current and future growth projections. This report is based on the findings of the previous Background Research, Supply Analysis Report and Stakeholder and Community Engagement Reports associated with the project.

The report includes a demand and gap analysis, opportunity mapping and development of preliminary directions. A total of 46 site specific recreational needs and opportunity recommendations across the LGA are outlined and mapped in the report. The opportunities have been classified into informal, local, district and regional opportunities across six catchments: Telegraph Point, Wauchope, Port Macquarie, Lake Cathie / Bonny Hills, Kew / Kendal and Laurieton/Dunbogan.

Some of the recommendations included in this report will integrate with other Council strategies, in particular the CMP, and inform short to long term priorities across the coastal recreation network. Council staff have submitted a variation request with DPE for a quantity surveyor to develop a costing report of the recommendations made in the report. If the variation is successful, it is expected that the costing report will be completed in early 2024. It should be noted that the ability to action some recommendations made in this report relies on the approval stakeholders such as TfNSW, Crown Lands, DPE, NSW NPWS and FCNSW to ensure strategic alignments.

6. Coastal Hazard Assessment and Coastal Vulnerability Assessment Mapping Project

11.

Bluecoast Consulting Engineers have commenced the Coastal Hazard Assessment and Coastal Vulnerability Assessment Mapping Project. Staff from Bluecoast Consulting Engineers are currently reviewing existing reports relevant to the project to identify data gaps and refine the project methodology.

The project is expected to be completed mid-2024.

7. Review of the Lake Cathie Opening Strategy

The hydrodynamic model being developed by Royal HaskoningDHV will assess various management options for the Lake Innes/Lake Cathie/Cathie Creek waterway, including the potential for a permanent opening. In line with Council’s resolution of April 2022, a review of the Opening Strategy will then be possible, with consideration of the hydrodynamic model recommendations, and the recommendations put forward in the Soil Conservation Service / Southern Cross University Bushfire Affected Coastal Waterways report.

8. Invasive Weed Management

Invasive weed control activities that have occurred since the November 2023 Lake Cathie Natural Resource Management Monthly Update Report included:

· 7.5ha of weed control was undertaken around Lakeside Way and Cowarra Creek targeting Lantana, Wild tobacco, Ground asparagus fern, Morning Glory, Bird of paradise, Coral berry and Bamboo.

· 2ha of Bitou bush spraying was undertaken in bushland between Ocean Drive and the Beach opposite Dirah Street.

· Council Biosecurity Staff used a drone to survey for the Bitou Bush throughout Christmas Bells Plains south to Lake Cathie to inform future management plans and funding opportunities.

· Weed control targeting Cassia, Bitou Bush and Ground asparagus fern was undertaken in dune vegetation behind Chepana Street.

9. Development of other Coastal Management Program (CMP) Chapters

The development of CMPs is prescriptive and includes five stages. Staff are currently undertaking investigations associated with Stage 2 of the CMP development. The

CMP is being developed in geographical chapters. An indicative timeframe of the progression of the CMP is presented below in Table 1.

Table 1: Indicative CMP Timeframe

Staff are currently progressing with Stage 2 of the CMP development across the four chapters. Stage 2 of the CMP process involves undertaking detailed studies that will help Council to identify, analyse and evaluate risks, vulnerabilities, and opportunities in the study area. The studies conducted during Stage 2 are to provide information to support decision-making in the later stages of the CMP planning process. Given the complexities of these studies, this stage is the most time consuming. Ensuring high quality studies in Stage 2 will result in high quality management plans in the CMP.

10. Other projects

Camden Haven River Estuary Bank and Riparian Assessment

Fruition Environmental are currently undertaking the Camden Haven River Estuary Bank and Riparian Assessment on behalf of Council. The project will provide a comprehensive understanding of the issues associated with bank and riparian land condition within the Camden Haven Estuary and will identify targeted costed actions to inform future management actions within the Camden Haven Estuary CMP.

An initial survey of the entire estuary has been completed. Staff from Council have been working with staff from Fruition Environmental to confirm priority sites for the development of concept plans for potential future restoration works. The project is expected to be completed in early 2024.

Sea Country

The Coast and Estuary team continues to work closely with a working group consisting of Birpai elders and community members, representatives from Birpai and Bunyah Local Aboriginal Land Councils (LALCs), and the DPI Fisheries Marine Estate Management Strategy Sea Country lead for NSW to develop a Sea Country Action Plan for incorporation into Council’s CMP.

Options

This report is provided for information purposes only.

Community Engagement and Internal Consultation

This report is provided for information purposes.

Community consultation has been undertaken in some of the abovementioned projects, as mentioned in the discussion section of this report.

Planning and Policy Implications

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

Financial and Economic Implications

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

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 13.11

Subject: Integrated Transport Plan Update

Presented by: Community Infrastructure, Robert Fish

Alignment with Delivery Program

4.4.1 Plan, investigate, design and construct transport assets which address pedestrians, cyclist and vehicular needs to cater for the future growth of the region.

RECOMMENDATION

That Council note the information provided in the Integrated Transport Plan update.

Executive Summary

The purpose of this report is to provide an update on the progress of the development of the Integrated Transport Plan (ITP). Council continues to work closely with Transport for NSW (TfNSW) in the joint development of the ITP.

The ITP will confirm the desired vision for transport in the Port Macquarie-Hastings region, in alignment with existing draft strategies such as the Regional Integrated Transport Strategy (RITS) and historical Council resolutions. The ITP will work to identify the necessary infrastructure, services and policy interventions that will be required to achieve the vision at a local level and will provide guidance around funding programs to support implementation and success of the plan.

The December 2023 update provides context to the following actions completed or in progress:

· An MOU is being prepared with Transport for NSW and NSW Health in regards to planning for the additional Health and Education Precinct (HEP) links as per resolution from item 12.01 of the Council December 2022 Ordinary Council Meeting (OCM);

· Walking and Cycling Review procurement completed;

· Action review workshop completed with Transport for NSW as part of the gap analysis identified in the earlier reports. The actions have been identified from previously developed state, regional and local transport strategies and plans;

· Healthy Streets Assessment inspection undertaken and report commenced for Hastings Street, Wauchope. This site has been chosen as a pilot site to better understand the program and possible outcomes, further consideration on including this site as an example will be undertaken in the draft ITP;

· Sites for future path construction have been nominated for the next round of Get NSW Active grant that align with funding guidelines and draft ITP priorities; and

· Continued drafting of the ITP document.

Discussion

At the 18 August 2022 Ordinary Council meeting, it was resolved:

 That Council:

1. Note the progress of the draft Joint Integrated Transport Network Plan

2. Note the proposed title change to Integrated Transport Plan

3. Request the Chief Executive Officer provide a report to Council in accordance with milestone events associated with progress on the Integrated Transport Plan.

This report is to provide an update to item 3 of the above resolution and follows from the previous update provided to Council in September 2023.

Current tasks being delivered as part of the ITP development (including progress and future actions in relation to) are listed in Table 1 below. Table 2 details those works which have been identified for commencement in the next quarter.

Table 1 - Summary of current ITP tasks and actions

Tasks

Update on progress

Work to be done in future

Modelling and data to inform future transport solutions

The TfNSW Oxley Highway Corridor Strategy (OHCS) project team has continued modelling which will directly support the development of the ITP and future identification of a preferred solution for that corridor.

Council staff have provided land use assumptions related to the HEP area and other feeder areas to the OHCS team.

Complete modelling to inform future transport solutions regarding the Oxley Highway and Health and Education Precinct (HEP) areas as a priority focus.

Complete the Strategic Business Case for the OHCS in accordance with Infrastructure NSW investment pathway and commence the Detailed Business Case and preferred option selection once further funding provided to progress.

Identification and investigation of possible future transport links.

Council and TfNSW have commenced modelling for the alternate access points to the HEP area.

Work is ongoing to formalise the sequencing and actions to be agreed by TfNSW, NSW Health and PMHC.

Initial sequencing for the opening of the proposed HEP links with consideration of expected traffic requirements and nearby network upgrades have been provided and are included in the detailed traffic modelling being undertaken by TfNSW.

Full journey assessment and modelled impacts through the industrial estate network.

Desktop analysis of the constructability.

Investigation and determination of transport modes able to be catered for within each link.

Conduct a Transport Services Review of public transport services (buses) - utilising TfNSW Transport Services Planning guidelines

The 16 Regional Cities Services Improvement Program consultation has been completed by TfNSW with recommendations provided to Council for information.

Council staff have written to the Minister requesting that the 16 Regional Cities review progress into the next phase for implementation.

Several recommended actions will be included in the draft ITP.

Drafting of the ITP template

An intended Table of Contents has been determined, which shall guide the format of the document.

Background information and strategic alignment information has been developed.

Further development and completion of a draft ITP document.

Walking and cycling gap analysis - assessment of how to connect land uses at a network level

Contractor engagement has occurred.

Community consultation and engagement to occur.

An initial desktop review will provide key corridors that will be incorporated into the ITP. These corridors will be further explored through implementation of the ITP.

Undertake a gap analysis and review of new and previously identified transport actions

A workshop has been completed with TfNSW and Council staff. A list of priority actions has been identified, which require further refinement but will form the action plan for the ITP.

The action list considered the following transport strategies/ plans:

· Community Inclusion Plan

· Community Strategic Plan

· Regional Integrated Transport Plan

· Future Transport Strategy

· HEP Masterplan and DCP

· Local Strategic Planning Statement

· MR538/600 Corridor Strategy

· North Coast Regional Plan

· NSW Active Transport Strategy

· Pedestrian Access and Mobility Plan

· PMHC Bike Plan

· PMHC Council Resolution

· PMHC Development Control Plan

· PMHC Engagement Strategy

· PMHC Priority List Projects

· State Infrastructure Strategy

· Urban Growth Management Strategy

· Port Macquarie Parking Management Plan

· PMHC Infrastructure Plan

The draft action list will be further refined using multi-criteria analysis. The final list will form the actions to be presented within the draft ITP for further consultation with Council and community.

Undertake a “Healthy Streets” assessment for nominated streets across the Local Government Area (LGA) and include recommendations in the ITP for consideration of future grant funding opportunities.

One preliminary site has been nominated and assessed in accordance with the “Healthy Streets” guidelines and design tools. This location will likely be featured as an example site within the ITP.

A report will be forthcoming in December outlining findings and recommendations of the assessment.

If the program is deemed to have merit to continue, after the final report is provided then the recommendations will form part of the draft ITP and feature as a sample site within the ITP.

Table 2 - Summary of future identified actions to be undertaken in next Quarter

Future action

Responsibility

Desired Outcome

Prepare briefing and workshop for Councillors on the developed actions

Council

Opportunity for Councillors to view, request information and provide input into the action list that will be incorporated into the draft ITP document.

Prepare draft ITP

Council and TfNSW

A draft document that has been reviewed by Council and is endorsed to be released to the community for their review and input.

Options

The update is provided for information. Council may request additional information if required.

Community Engagement and Internal Consultation

The ITP Stakeholder Engagement Plan is a jointly developed plan between Council and TfNSW. The identified key stakeholders include government agencies, key groups of business and education facilities, as well as the wider community.

The key internal stakeholders from both TfNSW and PMHC form the memberships of the ITP Working Group and the ITP Steering Group.

Planning and Policy Implications

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

Financial and Economic Implications

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

Attachments

Nil

AGENDA Ordinary Council

14/12/2023

Item: 13.12

Subject: Request to Continue Acceptance of Kempsey Shire Council Waste at Cairncross Landfill

Presented by: Community Utilities, Jeffery Sharp

Alignment with Delivery Program

4.1.7 Develop and implement effective waste management strategies.

RECOMMENDATION

That Council:

1. Note the request to continue to support Kempsey Shire Council’s Waste management activities given the issues they are having with their landfill expansion project.

2. Continue to accept kerbside municipal general waste from Kempsey Shire Council at the Cairncross Landfill until 31 July 2024.

3. Continue to accept transfer station waste from Kempsey Shire Council at the Cairncross Landfill until 31 July 2024.

4. Note the additional volume of waste will have minimal impact on landfill capacity at the Cairncross site over this extended period.

5. Charge Kempsey Shire Council the adopted Waste Fees and Charges applicable for the disposal of all municipal waste at the Cairncross Landfill from 1 January 2024 to 31 July 2024.

6. Request Kempsey Shire Council direct their waste contractors to use the Blackman’s Point Interchange to access Cairncross to reduce the impact on local traffic.

7. Note the intention to continue working collaboratively with Kempsey Shire Council to develop and implement effective waste management strategies that benefit the region.

8. Note that a report will be tabled at the completion of this arrangement with Kempsey Shire Council, detailing the waste accepted from Kempsey Shire Council at the Cairncross Landfill and resultant impacts.

Executive Summary

Kempsey Shire Council (KSC) previously requested Port Macquarie-Hastings Council’s support to accept KSC’s kerbside municipal waste i.e. red bin collection at the Cairncross Landfill, as they worked to expand their landfill capacity at their Crescent Head facility.

Council previously resolved in August 2022, to accept this waste until 30 June 2023 at a reduced gate fee.

KSC made a further request for Council to continue the acceptance of kerbside waste and additionally support them by accepting other general waste from their transfer station as works on their landfill had extended beyond their original completion date. Following consideration, Council resolved in May 2023 to accept this waste until 31 December 2023 and to charge KSC the adopted Fees and Charges applicable for the waste disposal.

Following another representation from KSC, this report seeks Council’s approval to continue to accept waste from KSC up until 31July 2024 and apply all adopted Waste Fees and Charges that would be applicable for the waste stream being handled.

Based on the actual waste volumes recorded and those anticipated, the overall impact on landfill capacity by continuing to accept the waste is considered to be negligible over the life of the landfill cell.

Discussion

In July 2022, Kempsey Shire Council (KSC) advised Port Macquarie-Hastings Council (PMHC) that their landfill was reaching capacity and requested that PMHC accept some of their waste at the Cairncross Landfill, whilst they worked to expand their landfill facility capacity at Crescent Head.

At the Ordinary Council meeting of 18 August 2022, Council resolved to:

1. Note the request to accept kerbside municipal general waste from Kempsey Shire Council at the Cairncross Landfill until 30 June 2023.

2. Charge Kempsey Shire Council the Option 1 Rate for the disposal of their kerbside municipal general waste at the Cairncross Landfill until 30 June 2023 as detailed within the report.

3. Note the intention to work collaboratively with Kempsey Shire Council to develop and implement effective waste management strategies that benefit the region.

4. Note a report will be tabled at the August 2023 Ordinary Council Meeting detailing the Kempsey Shire Council waste accepted at the Cairncross Landfill for 2022-2023 Financial year.

Previously, the Option 1 rate adopted was $219 (Inc. GST) per tonne which covered operational site costs but did not include the additional charges that are generated and transferred to the Waste Reserve for future capital and operational investment needs. This rate was proposed and accepted at the time as the new landfill cell at Cairncross had just commenced filling, and additional domestic waste from KSC provided a benefit to our operations in building the first layer of protection above the liner of the new landfill cell. As this protection layer to line the cell has now been completed in the initial stage, there is no significant benefit in accepting KSC waste at a reduced charge and it is therefore proposed to charge KSC the adopted Waste Fees and Charges applicable at the time of disposal.

At the Ordinary Council meeting of 18 May 2023, Council resolved to:

1. Note the request to continue to support Kempsey Shire Council’s Waste management activities given the issues they are having with their landfill expansion project.

2. Continue to accept kerbside municipal general waste from Kempsey Shire Council at the Cairncross Landfill until 31 December 2023.

3. Accept (transfer station waste) from Kempsey Shire Council at the Cairncross Landfill until 31 December 2023.

4. Note the additional volume of waste will have minimal impact on landfill capacity at the Cairncross site over this extended period.

5. Charge Kempsey Shire Council the adopted Waste Fees and Charges applicable for the disposal of all municipal waste at the Cairncross Landfill from 1 July 2023 to 31 December 2023.

6. Note the intention to continue work collaboratively with Kempsey Shire Council to develop and implement effective waste management strategies that benefit the region.

7. Note that a report will be tabled at the completion of this arrangement with Kempsey Shire Council detailing the waste accepted from Kempsey Shire Council at the Cairncross Landfill.

Kempsey Shire Council Position

On 14 November 2023, PMHC received a letter from KSC, Attachment 1, advising that several factors outside of their control have impacted on the timing of their landfill construction project being complete, with the main hold point being obtaining approval from the NSW Environment Protection Authority (EPA) for a new leachate treatment plant.

KSC is undertaking a number of assessments and developing management plans in order to assist in obtaining EPA approval for their leachate management system. However, until the EPA provides approval, Kempsey Waste Management Centre can only operate as a waste transfer station.

KSC have advised that they expect to have their new cell and leachate system approved and operational by late March 2024.

KSC are requesting that all waste that is regularly landfilled (excluding soil) at the Kempsey Waste Management Centre to be redirected to the Cairncross Landfill up to 31 July 2024. This includes KSC’s municipal kerbside waste (red bins), general waste from KSC waste transfer stations and waste from other generators (residents, contractors). It is noted that the waste from other generators is not coming directly from KSC, but rather these customers are coming directly to Cairncross Landfill as a result of KSC’s facility not being open. As a result of this, we do not have data on how much waste these customers are bringing to the Cairncross Landfill.

KSC have also requested that emergency waste from the recent Kempsey bushfires be accepted at Cairncross Landfill. KSC advised that they believe there are six properties affected and most of the waste is expected to be fencing but there is the potential for some asbestos. No further information has been provided about how much waste is expected from this event or when the waste will require disposal. KSC have received a Waste Levy Exemption from the EPA which is able to be used for the Cairncross Waste Management Facility. It is expected that this waste will be managed by NSW Public Works which can fall under the definition of other waste generators for the purposes of this report.

KSC have offered to accept some of PMHC’s red bin waste once their new landfill cell is operational if this is of benefit to Council, and Council staff will consider in due course.

Impacts to PMHC

The Cairncross Landfill receives approximately 66,490 tonnes of landfilled waste per year and as of June 2023, it was estimated that the new landfill cell at Cairncross has almost 8.4 years of landfill life remaining while receiving only Port Macquarie-Hastings waste.

Data relating to accepting KSC waste since July 2022, indicates that volumes transferred both from the domestic collection and directly from the KSC transfer station are below those initially anticipated in the original requests.

Whilst the direct transfer from KSC may be recording less volume, ‘other waste generators’ from the Kempsey Shire bringing waste directly to the Cairncross Landfill (rather than through KSC) is not captured in the transfer volume. PMHC staff have been monitoring volumes, however, have been unable to identify all of the additional waste streams potentially coming from the Kempsey Shire in our weighbridge software. Based on this information, PMHC staff continue to use the data KSC originally provided on annual volumes historically managed, as this shows the waste KSC accepted when their landfill was still open and would therefore be considered an estimate of the maximum quantity for PMHC to accept.

KSC historically manage 18,650 tonnes p.a. at their landfill (not including soil). This volume is the equivalent of a 28% increase in landfill volume over and above PMHC’s annual volume of 66,490 tonnes. Whilst a number of factors play a role in landfill capacity, one significantly being the daily compaction rate achieved, based on these accepted and projected volumes, landfill capacity at Cairncross, has been reduced by between one and two months since Council agreed to start accepting the KSC waste in May 2023.

Should Council agree to continue to accept waste from KSC up until 31 July 2024, the current landfill capacity cell at Cairncross is forecast to be reduced by a maximum of a further two months. This reduction in capacity is considered to be a minor potential impact over the remaining life of the current cell and the overall landfill capacity

As reported previously to Council, acceptance of KSC waste will increase the number of transactions at the Cairncross weighbridge and local traffic around the facility. Both issues are currently being managed, with weighbridge times not recording a significant reduction in service and the continued request for all traffic to use the Blackmans Point interchange on the Pacific Highway rather than Telegraph Point Road to access the site.

While the decision of continuing to accept KSC’s waste is for Council to consider, other waste generators who regularly use the Kempsey Landfill will need to use the Cairncross Landfill as well. Council has no obligation to accept this waste but also has no efficient way of checking the source of this waste unless customers contact Council prior to disposal.

Position on waste from outside Port Macquarie Hastings Local Government Area

As previously reported, Council currently does not have a policy position that stops the acceptance of waste from outside the Port Macquarie-Hastings-LGA, however it has been common practice historically to decline waste from other LGAs to minimise the impact on our landfill space as we have no obligation to accept this waste.

Staff are currently developing a Waste Policy which, among other things, will address the ongoing acceptance of waste from outside the LGA. The draft policy is currently under development and is planned to be presented in a report to Council in early 2024.

Regional Collaboration

PMHC and KSC are both members of the Mid North Coast Joint Organisation and continue to have ongoing discussions with each other and other neighbouring councils on regional opportunities in waste management such as joint procurement initiatives for contracts and infrastructure.

Options

1. Accept the proposed recommendation.

2. Decline the acceptance of KSC waste at the Cairncross Landfill.

3. Charge alternative gate fees to KSC for their municipal kerbside general waste and transfer station general waste.

Community Engagement and Internal Consultation

Internal

· CEO

· Director Community Utilities

· Group Manager Utilities Planning & Design

· Waste Projects Officer

External

· General Manager Kempsey Shire Council

· Director Utilities - Kempsey Shire Council

· Waste Manager – Kempsey Shire Council

No community engagement has occurred in relation to this report.

Planning and Policy Implications

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

Financial and Economic Implications

Using the data KSC has provided and Council 2023-2024 rates for General Waste and Asbestos, by accepting KSC waste, additional income of approximately $416,000 per month could be generated. This income will offset the additional operational costs being experienced onsite with the additional volumes of waste being experienced. Additionally, a portion of will go into the waste reserve to be used on future waste programs, including the next landfill expansion when required.

Attachments

1. Letter - Jeffery Sharp PMHC - KSC Waste Assistance Continuation Request 14.11.23 FINAL

AGENDA Ordinary Council

14/12/2023

Item: 13.14

Subject: Thrumster Wastewater Treatment Plant Discharge Option Selection for Environmental Impact Statement

Presented by: Community Utilities, Jeffery Sharp

Alignment with Delivery Program

4.1.3 Plan, investigate, design and construct sewerage assets ensuring health, safety, environmental protection and the future growth of the region.

RECOMMENDATION

That Council:

1. Note the delivery of the Thrumster Wastewater Treatment Plant is continuing with an estimated commissioning date of mid-2028.

2. Note that to progress the Environmental Impact Statement (EIS) investigations and concept design work, a single effluent discharge location is required for the treatment plant.

3. Note that following preliminary investigations and stakeholder consultation the Kooloonbung Creek has been selected as the effluent discharge location to be investigate in detail as part of the EIS.

Executive Summary

Detailed planning and investigations for the Thrumster Wastewater Scheme project have been underway since April 2022. A key element of the project is determining a discharge location for the treated effluent. While some of the effluent will be used to produce recycled water, a large proportion will need to be discharged to the environment under an Environment Protection Licence (EPL) issued by the NSW Environment Protection Authority (EPA). To progress the project on a tight timeframe, a single discharge location option needs to be selected to focus the Environmental Impact Statement (EIS) investigations and complete the concept designs. Following engineering investigations and several Multi-criteria Assessment (MCA) workshops with stakeholders, both government regulator representatives and community groups, five options were shortlisted, being:

Option 1 – Discharge to Partridge Creek via an effluent polishing wetland

Option 2 – Discharge to the Hastings River via a deep-water diffuser outfall

Option 3 – Discharge to Kooloonbung Creek

Option 4 – Ebb-Tide Discharge to the mouth of the Hastings River

Option 5 – Ocean outfall North Shore

Results from the initial MCA workshops indicated that Option 1, discharge to Partridge Creek via an effluent polishing wetland, was the preferred option on both cost and non-cost. However, the Department of Planning and Environment (DPE)-Water, Department of Primary Industries (DPI)-Food Authority and the EPA have all expressed concern regarding any effluent discharge ‘upstream’ of aquaculture (oyster) harvesting areas and the high potential for environmental harm in the estuary.

As part of the EIS, ecology investigations have been underway to understand the potential biodiversity impacts of the project. These investigations have outlined the areas initially identified for the wetlands have high ecology values and any work to enhance the area for the polishing wetlands has the potential for initial environmental harm, also the discharge of large volumes of effluent into the wetlands has the potential to alter the ecology, both of which if not avoided could trigger $10Million to $20Million in biodiversity off-set credit payments. A large section (almost half) of the initial proposed wetland area is also within the Airport Biodiversity Certification Assessment Area and therefore has the potential that it cannot be impacted without altering the certification status. This would be a very complex and time-consuming process that has a high likelihood of having a significant impact on the project delivery timeframes.

Given the tight project timeframe, concern from regulators, the potential initial negative biodiversity impacts and associated off-set credit costs and unknown impacts related to the Airport Biodiversity Certification Assessment Area for Option 1, Option 3 - Discharge to Kooloonbung Creek has been selected to be the discharge option taken forward for detailed investigations as part of the EIS.

Discussion

The Thrumster Wastewater Treatment Plant (TWwTP) is in the early stages of design. Following determining the plant’s capacity based on the predicted growth in the Thrumster area and the future growth in the greater Sancrox and Fernbank Creek areas and confirming the plant’s location being on the sand plains off Fernbank Creek Road, west of the Port Macquarie Airport, the project team has been reviewing options for the location of the discharge of treated effluent from the plant to the environment. While some of the effluent will be used to produce recycled water for residential reuse in Thrumster, a large proportion will need to be discharged to the environment in accordance with an EPL issued by the NSW EPA.

Initially 4 options for discharge locations were deemed feasible for the project, being:

· Discharge to Partridge Creek adjacent to the plant location (either directly or via the wetlands)

· Discharge to Hastings River near Fernbank Creek, this had 2 sub-options:

o Shoreline discharge near the Fernbank Creek Road boat ramp

o Deep water (mid-river) discharge via diffuser at the confluence of the Maria River

· Discharge to Kooloonbung Creek near the existing Port Macquarie Wastewater Treatment Plant (WwTP) discharge location.

Following water quality modelling, it was determined that direct discharge to Partridge Creek and the shoreline discharge into the Hastings River at Fernbank Creek both had the potential for high negative water quality impacts so were ruled out.

The three remaining options were discussed with DPE, DPI and EPA which lead to the consideration of a fourth option, an Ebb-tide discharge at the mouth of the Hastings River.

The four short listed options were presented to stakeholders for a multi-criteria assessment, being:

· Option 1 – Discharge to Partridge via an effluent polishing wetland

· Option 2 – Discharge to the Hastings River via a deep-water diffuser outfall

· Option 3 – Discharge to Kooloonbung Creek

· Option 4 – Ebb-Tide Discharge to the mouth of the Hastings River

Comparison of the four shortlisted options based on non-cost criteria was carried out during an MCA workshop on 17 July 2023 with relevant regulators (DPE, DPI & EPA), project’s design consultants, and targeted stakeholder’s groups (Northside Progress Association, Hastings River Oyster Growers, Hastings Birdwatchers and Friends of Kooloonbung). The workshop was chaired by an impartial chairperson from the design consultancy firm.

Stakeholders were given extra time to present their proposed scores and weighting for four shortlisted discharge options based on the selection criteria by 21 July 2023.

Following collation of the results and sensitivity assessment, ranking of shortlisted options based on non-cost criteria, and cost criteria determined the order of preference as Option 1 Partridge Creek via wetland, Option 2 Hastings River deep water, Option 3 Kooloonbung Creek and Option 4 Ebb-Tide.

Following presentation of the overall outcome of the MCA, regulators requested further assessment of the Ebb-tide discharge near the mouth of Hastings River and consideration was given to a fifth option being an Ocean Outfall at North Shore. To respond to the request by the regulators, Council undertook;

· Consultation with Clarence Valley Council and Tweed Shire Council who both operate ebb-tide discharges;

· Site inspection and interview with a construction contractor who delivered the ebb-tide discharge infrastructure for Clarence Valley Council and the Hastings River under bore installation of the sewer main for the North Shore Pressure Sewer Scheme;

· Liaison and on-the river inspections of the proposed Ebb-tide discharge locations with NSW Maritime Services; and

· Site inspection of discharge options with regulator’s representatives (DPE- Planning, DPE-Water, and EPA).

Findings from the above activities outlining the constraints, risks and opportunities associated with the Ebb-tide and North Shore Ocean outfall discharge options during construction, commissioning, and operation were presented to the design consultants for further assessment of the cost and non-cost criteria to add to the other shortlisted discharge options.

This assessment determined that the Ebb-tide and Ocean Outfall were not feasible mainly due to the infrastructure cost estimates.

Option 2 - Discharge to the Hastings River via a deep-water diffuser outfall was also ruled out due to having the highest potential for direct impact on aquaculture as the discharge point would be within close proximity to existing oyster leases.

Findings of the assessment by the design consultant were presented in a consolidated report to the regulators and they were invited and attended review workshops on 14 and 19 September 2023 of the five discharge options which led to the shortlisting of two discharge options, being:

· Option 1 – Discharge to Partridge via effluent polishing wetland

· Option 3 – Discharge to Kooloonbung Creek

Considering the time and cost impacts of taking two discharge options through the Environmental Impact Statement (EIS) process, further desktop assessment of geomorphology, cultural heritage, hydraulic constraints, aquatic ecology, and salinity impacts of these two discharge options were carried out. The assessment results were presented to the regulators in a workshop on 2 November 2023.

This further assessment highlighted that both options have risks that will need to be further investigated during the EIS, however the discussion during the review workshop noted that the discharge to Partridge Creek via the wetlands likely presented a higher risk and as such, more intensive investigations would be required.

This further shortlisting was also discussed with community stakeholder groups (Northside Progress Association, Hastings River Oyster Growers, Hastings Birdwatchers and Friends of Kooloonbung) on 24 November 2023.

Given the tight project timeframe, concern from regulators and the potential biodiversity impacts and associated off-set credit costs for Option 1, Option 3 - Discharge to Kooloonbung Creek has been selected as the discharge option to further investigate in detail as part of the EIS.

This selection of Option 3 is in line with the biodiversity conservation hierarchy of:

1. Avoid

2. Minimise or Mitigate

3. Offset

There is still the possibility to further investigate the potential of a wetland option in the future. Once the plant is commissioned and been operating for several years, the performance data can be used along with further environmental studies to reassess the viability to incorporate a wetlands system as part of the effluent discharge.

The following detailed information on each of the five options is presented for further information.

Option 1 - Discharge to Partridge via an effluent polishing wetland

Under Option 1, treated effluent from the TWwTP is released to Partridge Creek then onto Fernbank Creek via a wetland. Discharge to the wetland will occur by gravity with flows varying with the diurnal flow patterns from the treatment plant. The aim of the wetland is to undertaken natural nutrient removal (polishing) prior to Partridge Creek.

Work required to form the 43 Ha treatment wetland area includes:

· Constructing low profile berms around Wetland B and part of Wetland A to manage water levels.

· Clearing and earthworks to expand Wetland A.

· Installation of inlet distribution pipework and outlet structures

· Additional planting and establishment of wetland plants.

The wetland area is shown in Figure 1 below.

Figure 1: Option 1 – Discharge of treated effluent to Partridge Creek via a polishing wetland.

The initial comparative costs for this option are as follows:

Construction - $9,100,000

Average Yearly Operation and Maintenance costs - $230,000

Net Present Value (5% discount, 30 years) - $11,800,000.

Out of the five options, this option was initially assessed as the most cost effective.

As part of the EIS, ecology investigations have been underway to understand the potential biodiversity impacts of the project. These investigations have outlined the proposed wetlands area have high ecology values, as shown in Figure 2 below.

Any work to enhance the area for the polishing wetlands, such as the required berms and access track has the potential for environmental harm, also the daily discharge of large volumes of effluent into the wetlands has the potential to alter the ecology, both of which if not avoided could trigger $10Million to $20Million in biodiversity off-set credit payments.

The red hatched areas in Figure 2 are areas of high ecology value and the yellow hatched area is an area that is already certified as part of an environment Conservation Area under the Airport Biodiversity Certification Assessment Area. Therefore, the entire area proposed for the wetlands is either of high ecology value or protected as a certified Conservation Area.

Figure 2: Ecological values and Constraints associated with the discharge to Partridge / Fernbank Creek via Wetland

Option 2 – Discharge to the Hastings River via a deep-water diffuser outfall

Option 2 is the transfer and discharge of treated effluent to the Hastings River, at the confluence with the Maria River. Discharge would be made through an outfall with a submerged deep-water diffuser system. The proposed pipe route follows Fernbank Creek Road to the Hastings River, as shown in Figure 3 below.

The proposed system is composed of the following facilities:

· Effluent storage pond at the TWwTP.

· Pumping station at TWwTP.

· Discharge main.

· Deep water outfall.

It is assumed that the outfall would discharge at the confluence point, in the middle of the river with a series of diffuser installed at the end of the 350 m long underwater pipe.

The initial comparative costs for this option are as follows:

Construction costs (Stage 1, 2028) - $24,500,000

Construction costs (Stage 2, 2049) - $2,700,000

Average Yearly Operation and Maintenance costs - $307,000

Net Present Value (5% discount, 30 years) - $29,500,000

This option was the second cost effective option.

Figure 3: Option 2 – Discharge to the Hastings River via a deep-water diffuser outfall

Option 3 – Discharge to Kooloonbung Creek

Option 3 is the transfer and discharge of treated effluent to Kooloonbung Creek. Discharge would be made near the existing Port Macquarie WwTP discharge point at the Lake Road Lagoons before ultimate release to Kooloonbung Creek.

Figure 4 provides an overview of the proposed system which includes an equalisation chamber at the highest point along the pipeline near Fernhill Road. It is assumed that horizontal directional drilling (HDD) will be used to cross the wetland southeast of the WwTP site. Trenchless technique would also be used to cross the Oxley highway.

The proposed system is composed of the following facilities:

· Effluent storage pond at TWwTP.

· Pumping station at TWwTP.

· Pumping main to the equalisation chamber.

· Gravity main from the equalisation chamber to Kooloonbung Creek.

Figure 4: Option 3 – Discharge to Kooloonbung Creek

The initial comparative costs for this option are as follows:

Construction costs (Stage 1, 2028) - $36,400,000

Construction costs (Stage 2, 2049) - $4,000,000

Average Yearly Operation and Maintenance costs - $487,000

Net Present Value (5% discount, 30 years) - $44,100,000

This option was the third most cost effective option.

Option 4 – Ebb-Tide Discharge to the mouth of the Hastings River

Under Option 4, treated effluent from the Thrumster WwTP would be pumped through a discharge pipeline, shown in Figure 5, to the Hastings River mouth for discharge via an outfall on outgoing tides (i.e. from high tide to low tide) to avoid transport upriver to the oyster areas. Unlike the other options discharging 20 hours per day, the discharge time is dependent on tidal conditions. Similar references, notably Yamba outfall, and a literature review were used to estimate the potential discharge time which would ultimately be determined based on dispersion modelling. Accordingly, it is envisaged that the discharge time would be between 3 and 4 hours per tide cycle, corresponding respectively to 6 and 8 hours per day, with the latter being that adopted at Yamba WwTP.

The proposed ebb tide discharge system is composed of the following facilities:

· Effluent storage pond at TWwTP to balance flow.

· Pumping station at TWwTP.

· Discharge main.

· River outfall with two parallel pipes and diffusers.

Figure 5: Option 4 – Discharge to the mouth of the Hastings River on ebb tide

The initial comparative costs for this option (8hr discharge window) are as follows:

Construction costs (Stage 1, 2028) - $112,800,000

Construction costs (Stage 2, 2049) - $67,300,000

Average Yearly Operation and Maintenance costs - $1,132,000

Net Present Value (5% discount, 30 years) - $177,700,000

This option was the least cost-effective option.

Option 5 – Ocean outfall North Shore

Option 5 is the transfer and discharge of effluent to the ocean via a deep-sea outfall on the North Shore. An overview of this option is presented in Figure 6 below. The proposed pipe route follows the existing road network to the Hastings River crossing. It then continues along Shoreline Drive/North Shore Drive to the North Shore beach with a second crossing at Limeburner’s Creek.

The proposed system is composed of the following facilities:

· Effluent storage pond at TWwTP.

· Pumping station at TWwTP.

· Discharge main.

· Deep sea outfall.

Figure 6: Option 5 – Discharge to the ocean via deep sea outfall from the North shore.

The initial comparative costs for this option are as follows:

Construction costs (Stage 1, 2028) - $83,400,000

Construction costs (Stage 2, 2049) - $4,000,000

Average Yearly Operation and Maintenance costs - $749,000

Net Present Value (5% discount, 30 years) - $91,800,000

This option was the second least cost-effective option.

Discharge Options Cost Estimate Comparison

The side-by-side cost comparison for each option is outlined below:

Cost (AUD)	Option 1 - Wetland*	Option 2 - Hastings River	Option 3 - Kooloonbung Creek	Option 4 – Ebb Tide (6h/d)	Option 4 – Ebb Tide (8h/d)	Option 5 – Ocean Outfall
Construction Stage 1 (2028)	$9,100,000	$24,500,000	$36,400,000	$131,000,000	$112,800,000	$83,400,000
Construction Stage 2 (2049)	-	$2,700,000	$4,000,000	$75,800,000	$67,300,000	$4,000,000
Average Yearly O&M over 30 years	$230,000	$307,000	$487,000	$1,317,000	$1,132,000	$749,000
Net Present Value (5% discount)	$11,800,000	$29,500,000	$44,100,000	$204,100,000	$177,700,000	$91,800,000
Potential Biodiversity Off-Set Credits	$20,000,000	-	-	-	-	-
Revised NPV	$31,800,000

Options

No options are presented as this report is for noting only.

Community Engagement and Internal Consultation

Internal consultation has occurred with:

· Executive Group

· Utilities Portfolio Steering Group

External consultation and engagement has occurred with:

Government Agencies:

· NSW Department of Planning and Environment - Water

· NSW Department of Planning and Environment - Planning

· NSW Department of Primary Industries - Food Authority

· NSW Environment Protection Authority

Community Groups:

· Hastings Birdwatchers

· Northside Progress Association

· Hastings River Oyster Growers

· Friends of Kooloonbung

Planning and Policy Implications

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

Financial and Economic Implications

There are no specific financial implications in relation to this report. The current project estimate is $131,000,000 which has been allocated in the Long-Term Financial Plan with a mix of Sewer Reserve funds and borrowings.

As the project concept design develops, this estimate will have to be revised.

There are no specific economic implications in relation to this report. Should the overall project to delivery the Thrumster WwTP be delayed beyond 2028, then there is the potential for economic implications for the region as growth would also be delayed due to no wastewater treatment capacity.

Attachments

Nil

1	a)	The total number of complaints received in the period about Councillors and the Chief Executive Officer under the Code of Conduct	8
1	b)	The total number of complaints finalised in the period about councillors and the Chief Executive Officer under the code of conduct	8
2	a)	The number of complaints finalised at the outset by alternative means by the Chief Executive Officer or Mayor	3
	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	4
	d)	The number of code of conduct complaints finalised at preliminary assessment by conduct reviewer	0
	e)	The number of code of conduct complaints referred back to the Chief Executive Officer or Mayor for resolution after preliminary assessment by conduct reviewer	2
	f)	The number of finalised code of conduct complaints investigated by a conduct reviewer	2
	g)	Number of finalised complaints investigated where there was found to be no breach	2
	h)	Number of finalised complaints investigated where there was found to be a breach	0
	i)	Number of complaints referred by the Chief Executive Officer or Mayor to another agency or body such as the ICAC, the NSW Ombudsman, the Office or the Police	2
	j)	Number of complaints being investigated that are not yet finalised	3
	k)	The total cost of dealing with Code of Conduct complaints within the period made about Councillors and the Chief Executive Officer including staff costs	$15,180
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	0
	b)	To resolve the complaint by alternative and appropriate strategies	0
	c)	To refer the matter back to the Chief Executive Officer or the Mayor, for resolution by alternative and appropriate strategies	2
	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	2
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)	In the case of a breach by the Chief Executive Officer, that action be taken under the Chief Executive Officer’s contract for the breach	0
	c)	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
	d)	In the case of a breach by a Councillor, that the matter be referred to the Office for further action	0
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)	0
	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

Name	Description	Dates	Cost
Cr Rachel Sheppard	Understanding Local Government Finances for Councillors	30 January 2023	$462
Cr Nik Lipovac	Chairing and Effective Meeting Procedures for Councillors	19 May 2023	$462
Mayor Peta Pinson Cr Lauren Edwards Cr Sharon Griffiths* Cr Lisa Intemann Cr Nik Lipovac Cr Danielle Maltman Cr Rachel Sheppard	Risk Management	5 April 2023	$2,500
Cr Rachel Sheppard	Managing Media	18 April 2023	$1,100
Cr Lauren Edwards	Understanding Local Government Finances for Councillors	20 April 2023	$462

Name	Description	Dates	Cost
Cr Lauren Edwards	Planning for Councillors	17 August 2023	$462
Cr Lauren Edwards	Code of Meeting Practice for Councillors	19 October 2023	$462
Cr Danielle Maltman	2023 Joint National Coast to Coast & NSW Coastal Conference	30 October to 3 November 2023	$1,913
Cr Rachel Sheppard	2023 Local Government NSW Annual Conference	12-14 November 2023	$1,838

	Units	Cost estimate
Rescue tube, device holder and installation	2	$2,000
Promotion and education	Annually	$3,500
Maintenance	Annually per unit	$400

Lot/DP	Address	Owner	Assessed Value
Lot 30 DP874058	204 Hastings River Drive (Part)	Blue Polka Pty Ltd	$52,000
Lot 29 DP874058	206 Hastings River Drive (Part)	Blue Polka Pty Ltd	$197,500
Lot 26 DP874058	212A Hastings River Drive (Part)	Blue Polka Pty Ltd	$126,000
Lot 203 DP1291510	214 Hastings River Drive (Part)	Blue Polka Pty Ltd	$420,940
Lot 18 DP0874058	210 Hastings River Drive	PMHC	$425,000
Difference (owing to Blue Polka Pty Ltd as compensation)			(-$371,440)