Agenda of Ordinary Council - Thursday, 20 March 2025

UNCONFIRMED MINUTES

Ordinary Council Meeting

20/02/2025

PRESENT

Members:

Mayor Adam Roberts

Councillor Lauren Edwards

Councillor Mark Hornshaw
Councillor Lisa Intemann
Councillor Chris Kirkman
Councillor Nik Lipovac
Councillor Danielle Maltman
Councillor Rachel Sheppard
Councillor Hamish Tubman

Other Attendees:

Chief Executive Officer (Dr Clare Allen)

Director Business and Performance (Keith Hentschke)

Director Community, Planning and Environment (Melissa Watkins)

Acting Director Community Infrastructure (Chris Favaloro)

Director Community Utilities (Robert Fish)

Group Manager Governance (Michael Ferguson)

Legal Counsel (Anthea Gilmore) Part of Meeting via teams

Governance Officer (Tania Ellis)

The meeting opened at 2.00pm

01 ACKNOWLEDGEMENT OF COUNTRY

The Mayor 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 David Pym from the Port Macquarie Baptist Church delivered the Local Government Prayer.

04 APOLOGIES

Nil.

05 CONFIRMATION OF MINUTES

ReSOLVED: Intemann/Edwards

That the Minutes of the Ordinary Council Meeting held on 12 December 2024 be confirmed.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

06 DISCLOSURES OF INTEREST

Councillor Tubman declared a Non-Pecuniary, Less Than Significant interest in Item 10.05 2024-2025 Quarterly Budget Review Statement and Operational Plan Status Report as at December 2024. The reason being that a member of his immediate family is employed by Lewis Land Group who have a financial interest in the Thrumster Sports Field project which is recommended for deferral in this report. Councillor Tubman intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence his decision making in the matter.

Councillor Hornshaw declared a Non-Pecuniary - Less than Significant interest in Item 10.23 Notice of Motion - Federal Candidates Funding Priorities. The reason being is that Councillor Hornshaw is considering the possibility of nominating as a candidate in the upcoming federal election. Councillor Hornshaw intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence his decision making in the matter.

Director Fish declared a Non-Pecuniary - Less than Significant interest in Item 11.02 Petition - Rotary Park Upgrade and Related Traffic Issues. The reason being is that Director Fish owns a property and resides within the precinct that this item refers. Director Fish intends to leave the meeting, be out of sight and take no part in consideration of this item.

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in Item 13.01 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.

Councillor Lipovac declared a Non-Pecuniary - Less than Significant interest in Item 13.02 Friends of Camden Head Lookout Volunteer’s Group. The reason being that Jon Bailey who is listed as one of the volunteers seeking endorsement, ran on Councillor Lipovac’s Group Ticket at the Local Government Election September 2024. Councillor Lipovac intends to remain in the meeting, participate and vote in the matter as this perceived conflict will not influence his decision making in the matter.

Councillor Sheppard declared a Non-Pecuniary, Significant interest in Item 14.05 Code of Conduct Matter. The reason being is that respondent in this matter made a reportable political donation to a campaign group Councillor Sheppard Lead in the 2024 Local Government Election. Councillor Sheppard intends to leave the meeting and take no part in consideration of this item.

07 MAYORAL MINUTES

7.01 MAYORAL MINUTE - INVITATION EXTENDED TO PREMIER OF NSW - ON-SITE MEETING - OXLEY HIGHWAY/WRIGHTS ROAD/LAKE ROAD TRAFFIC CONGESTION

RESOLVED: Roberts

That Council note the invitation extended to the Premier of NSW, the Hon Chris Minns MP to visit Port Macquarie to discuss the Oxley Highway/Wrights Road/Lake Road traffic congestion.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

08 CONFIDENTIAL CORRESPONDENCE TO ORDINARY COUNCIL MEETING

ReSOLVED: Intemann/Hornshaw

That Council determine that the attachments to Item Numbers 10.05 and 10.12, be considered as confidential, in accordance with section 11(3) of the Local Government Act.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

09 ITEMS TO BE DEALT WITH BY EXCEPTION

RESOLVED: Roberts/Intemann

That Items 10.01, 10.06, 10.09, 10.10, 10.12, 10.13, 10.14, 10.15, 10.16, 10.18, 11.01, 11.06, 13.03, 13.05, 13.07, 13.08, 13.12, and 13.13 be considered as a block resolution.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

RESOLVED: Intemann/Roberts

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

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

10.01 Mayoral Discretionary Fund Allocations - 28 November 2024 to 5 February 2025

ReSOLVED: Intemann/Roberts

That Council note the Mayoral Discretionary Fund allocation for the period 28 November 2024 to 5 February 2025 inclusive.

10.06 2022-2026 Delivery Program - Six Month Progress Report as at 31 December 2024

ReSOLVED: Intemann/Roberts

That Council note the progress against the 2022-2026 Delivery Program for the period 1 July 2024 to 31 December 2024.

10.09 Investments and Loans - December 2024

ReSOLVED: Intemann/Roberts

That Council note the Investment and Loans Report for December 2024.

10.10 Investments and Loans - January 2025

ReSOLVED: Intemann/Roberts

That Council note the Investment and Loans Report for January 2025.

10.12 Legal Fees

ReSOLVED: Intemann/Roberts

That Council

1. Note the information in the Legal Fees report.

2. Approve future Legal Fee reports to be provided on a six-monthly basis unless a matter of significance is brought to Council’s attention via a standalone report.

3. Approve the future reporting threshold be increased to matters costing more than $50,000 (ex GST) and that are litigated unless determined by the Legal Department in conjunction with the Executive Leadership Team that it is a matter requiring reporting.

4. Maintain the confidentiality of the documents and consideration in respect of the attachment(s) to this report.

10.13 Payment Options

ReSOLVED: Intemann/Roberts

That Council note the ongoing work being undertaken to provide additional options for ratepayers to pay rates, including:

1. Reintroducing the option for ratepayers to make payments in person at Australia Post outlets.

2. Exploring and implementing a new digital payment solution incorporating automated payment plans, with future capabilities for other bill types such as water bills.

10.14 Contracts Awarded Under s377 Local Goverment Act

ReSOLVED: Intemann/Roberts

That Council note the contracts awarded under s377 of the Local Government Act 1993 for the period 1 October 2024 to 31 December 2024.

10.15 Development Activity and Assessment System Performance

ReSOLVED: Intemann/Roberts

That Council note the Development Activity and Assessment System Performance report for the second quarter of 2024-2025.

10.16 Policy Review - Conflict of Interest Policy - Council-Related Development Applications

ReSOLVED: Intemann/Roberts

That Council:

1. Note that the review of the Conflict of Interest Policy - Council Related Development Applications does not recommend any material changes to the existing Policy.

2. Adopt the Conflict of Interest Policy - Council-Related Development Applications.

3. Note that the revised Policy does not require public exhibition.

10.18 Grant Applications Biannual Report

ReSOLVED: Intemann/Roberts

That Council note the Grant Applications Biannual Report, providing an update on grants that Council has applied for and/or obtained, for the six-months of the 2024-2025 financial year.

11.01 Draft Findlay Park Master Plan

ReSOLVED: Intemann/Roberts

That Council:

1. Endorse the draft Findlay Master Plan for public exhibition for a period of not less than 28 days.

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

11.06 Expression of Interest - Lease 143 Gordon Street (25 Gore Street) Port Macquarie

ReSOLVED: Intemann/Roberts

That Council:

1. Note the information within the report.

2. Continue to advertise the property for Lease and investigates additional options for marketing the property.

13.03 Land Acquisition - Comboyne Road Byabarra

ReSOLVED: Intemann/Roberts

That Council:

1. Pay compensation in the amount of $2,000 (ex GST) to the owner of 1541 Comboyne Road Byabarra, Lots 106, 121 and 122 DP 754453, P A Mumford, for the land acquisition more particularly described in the plan of acquisition as Lots 1, 2 and 3 DP 1311647.

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

3. Pursuant to Section 10 of the Roads Act 1993, dedicate Lots 1, 2 and 3 DP 1311647 as public road.

13.05 Planning and Land Use Discussion Paper - Post Exhibition

ReSOLVED: Intemann/Roberts

That Council:

1. Note the post exhibition report and summary of submissions received during the public exhibition of the Planning and Land Use Discussion Paper.

2. Proceed with a review and consolidation of the Local Strategic Planning Statement (LSPS) and Urban Growth Management Strategy (UGMS) documents.

3. Align the document with the Imagine 2050 Community Strategic Plan and Living and Place 2024 Local Housing Strategy priorities.

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

13.07 Policy Review - Wastewater Services Policy

ReSOLVED: Intemann/Roberts

That Council:

1. Adopt the draft Wastewater Services Policy for public exhibition for a period of not less than 28 days.

2. Note that a further report will be tabled at the May 2025 Ordinary Council Meeting, detailing the submissions received from the public during the exhibition period.

13.08 Policy Review - Water Supply Services Policy Review

ReSOLVED: Intemann/Roberts

That Council:

1. Adopt the draft Water Supply Services Policy for public exhibition for a period of not less than 28 days.

2. Note that a further report will be tabled at the May 2025 Ordinary Council meeting, detailing the submissions received from the public during the exhibition period.

13.12 Impacts of Acceptance of Kempsey Shire Council Waste at Cairncross Landfill August 2022 - December 2024

ReSOLVED: Intemann/Roberts

That Council note the report detailing the waste accepted from Kempsey Shire Council at the Cairncross Landfill over the period August 2022 to December 2024.

13.13 MR538 and MR600 Corridor Strategy

ReSOLVED: Intemann/Roberts

That Council note that the information contained in the draft MR538 and MR600 Corridor Strategy has been used to inform the adopted Integrated Transport Plan.

SUSPENSION OF STANDING ORDERS

RESOLVED: Roberts/Sheppard

That Standing Orders be suspended to consider Item 10.20 - Notice of Motion - Chief Executive Officer's Performance Review Panel and Item 10.21 - Notice of Motion - Commence Preliminary Discussion of 2025-2026 Chief Executive Office Performance Agreement as confidential items and be moved to the confidential session due to these item being considered confidential under Section 10A(2)(a) of the Local Government Act 1993, as they contain personnel matters concerning particular individuals (other than Councillors).

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

10.02 Status of Reports From Council Resolutions

RESOLVED: Edwards/Intemann

That Council request the Chief Executive Officer to update the Status of Reports from Council Resolutions, for the March 2025 Ordinary Council Meeting, to include expected due dates for reporting on:

The Walking and Cycling Review
The NSW Parks and Wildlife Services Land Revocation
The Draft Port Macquarie-Hastings Local Infrastructure Contributions

Plan 2024

The Living and Place Strategy
Draft Recreation and Open Space Action Plan and Sporting Infrastructure

Priorities

Biodiversity and Land Acquisition for offsets update

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

10.03 Disclosure of Interest Return - Designated Persons

RESOLVED Roberts/Sheppard

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

1. Elected Member - Councillor

2. Community Infrastructure - Fleet Technical Officer

3. Community Utilities - Senior Project Manager

4. Community Utilities - Waste Manager

5. Community Infrastructure - Senior Project Engineer

6. Community Infrastructure - Group Manager Project Delivery

7. Business and Performance - Revenue Accounting Manager

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

The Chairperson tabled the disclosures of interest return of the Designated Persons listed above.

10.04 Mid North Coast Joint Organisation Annual Request for Funding

RESOLVED: Roberts/Intemann

That Council endorse and approve the annual request for funding of $25,000 to continue its membership with the Mid North Coast Joint Organisation.

carried: 8/1

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

Against: Hornshaw

10.05 2024-2025 Quarterly Budget Review Statement and Operational Plan Status Report as at 31 December 2024

Councillor Tubman declared a Non-Pecuniary, Less Than Significant interest in Item 10.05. The reason being that a member of his immediate family is employed by Lewis Land Group who have a financial interest in the Thrumster Sports Field project which is recommended for deferral in this report. Councillor Tubman remained in the meeting, participated and voted in the matter as this perceived conflict will not influence his decision making in the matter.

RESOLVED: Sheppard/Roberts

That Council:

1. Note the Quarterly Budget Review Statements as at 31 December 2024.

2. Note the 2024-2025 Operational Plan Second Quarter Status Report as at 31 December 2024.

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

- HBR 01 On-site Sewage Management Policy

- SDF 01 West Port (Buller Street) Flood mitigation works, Port Macquarie

- SPA 03 Amethyst Way Reserve, Port Macquarie

- SPA 06 Rainbow Beach Local Park, Lake Cathie/Bonny Hills

- SPA 07 Rainbow Beach, Lake Cathie/Bonny Hills

- SPA 12 Camden Haven Surf Club Building

- SPA 27 Hastings Regional Sporting Complex

- SPA 31 Port Macquarie Regional Stadium Upgrades

- SPA 36 Thrumster Sports Fields

- WAW 02 Thrumster Wastewater Treatment Scheme

- WAS 23 Telegraph Point Clearwater Capacity Upgrade

- WAS 28 Pumps Renewal and VSD upgrade - Koree Island

- WAS 30 Cowarra Dam Pump Station Upgrade

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 10.06 2022-2026 Delivery Program - Six Month Progress Report as at 31 December 2024, has been addressed previously within the meeting.

10.07 Draft Budget Development Policy

RESOLVED: Edwards/Roberts

That Council:

1. Endorse the draft Budget Development Policy for public exhibition.

2. Request a further report be presented to Council following the public consultation period to consider adoption of the final policy.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

10.08 Monthly Budget Review - January 2025

RESOLVED: Sheppard/Intemann

That Council:

1. Adopt the adjustments in the January 2025 Adjustments section of the Monthly Budget Review – January 2025 report and associated Attachment, with the following exceptions:

a. Allocate $9230.20 of the greater than budgeted interest on Council investments for the purpose of 2024-2025 Arts Mid North Coast Membership.

b. Allocate the remainder of the greater than budgeted interest on investments to the communications business as usual activities.

2. Amend the 2024-2025 Operational Plan to include all budget adjustments approved in clause 1.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 10.09 Investments and Loans - December 2024, has been addressed previously within the meeting.

Item 10.10 Investments and Loans - January 2025, has been addressed previously within the meeting.

10.11 Quadruple Bottom Line Obligations

RESOLVED: Sheppard/Intemann

That Council defers consideration of this item until after the scheduled March 2025 briefing.

carried: 8/1

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman

Against: Maltman

Item 10.12 Legal Fees, has been addressed previously within the meeting.

Item 10.13 Payment Options, has been addressed previously within the meeting.

Item 10.14 Contracts Awarded Under s377 Local Government Act, has been addressed previously within the meeting.

Item 10.15 Development Activity and Assessment System Performance, has been addressed previously within the meeting.

Item 10.16 Policy Review - Conflict of Interest Policy - Council-Related Development Applications, has been addressed previously within the meeting.

10.17 Glasshouse Biannual Report and Update on Glasshouse Plan 2024-2025 Actions

RESOLVED: Lipovac/Roberts

That Council note the information provided in the Glasshouse Biannual Report (Attachment 1) and Update on Glasshouse Plan 2024-2025 Actions report (Attachment 2).

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 10.18 Grant Applications Biannual Report, has been addressed previously within the meeting.

10.19 Notice of Motion - Grant Funding Report

RESOLVED: Edwards/Sheppard

That Council request the Chief Executive Officer to consider for inclusion in the 2025-2026 Operational Plan the development of a cyclic quarterly report on relevant Grant Funding opportunities, for which the NSW Local Government sector is eligible to apply for, that have become available within the quarter and detail which were, and which were not applied for including the reason/s for either.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 10.20 Notice of Motion - Chief Executive Officer's Performance Review Panel, will be addressed in the confidential session of the meeting.

Item 10.21 Notice of Motion - Commencement of 2025-2026 Chief Executive Officer's Performance Agreement, will be addressed in the confidential session of the meeting.

10.22 Notice of Motion - Member for Port Macquarie MP Leslie Williams Retirement

RESOLVED: Lipovac/Intemann

That Council acknowledge the retirement of Leslie Williams Local Member for Port Macquarie and thank her for her contribution and commitment to the community through drought, floods, bushfires and the pandemic since taking office on 26 March 2011.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Councillor Hornshaw left the meeting, the time being 03:06pm.

Councillor Hornshaw returned to the meeting, the time being 03:09pm.

10.23 Notice of Motion - Federal Candidates Funding Priorities

Councillor Hornshaw declared a Non-Pecuniary - Less than Significant interest in this. The reason being is that Councillor Hornshaw is considering the possibility of nominating as a candidate in the upcoming federal election. Councillor Hornshaw remained in the meeting, participated and voted in the matter as this perceived conflict did not influence his decision making in the matter.

RESOLVED: Lipovac/Roberts

That Council

1. Provide a list of Council's Key Project Funding Priorities and estimated costs to all candidates in the respective seats of Cowper and Lyne in the Federal Election, and the upcoming State Seat of Port Macquarie by-election.

2. That Council provide access to councils key projects and estimated costs on Council’s website by the 28 February 2025 for any interested parties to ensure access to declared and prospective candidates.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Councillor Maltman left the meeting, the time being 03:13pm.

10.24 Notice of Motion - Developing an Economic Development Strategy

RESOLVED: Sheppard/Roberts

That Council:

1. Note that no funding source has been identified specifically for the development of a new Economic Development Strategy in the 2024-2025 Operational Plan.

2. Determine to include development of a draft Economic Development Strategy in the 2025-2026 draft Operational Plan, that would enable a Draft Economic Development Strategy to be presented to an Ordinary Meeting of Council, no later than October 2025, should the action be included in the adopted 2025-2026 Operational Plan.

3. Request a Councillor briefing in March 2025 detailing:

i. What, if any, work has already taken place or is underway in the 2024-2025 financial year that would support the preparation of a new Economic Development Strategy.

ii. What further work is required to support preparation of a new Economic Development Strategy early in the 2025-2026 financial year.

carried: 8/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Roberts, Sheppard and Tubman

Against: Nil

Councillor Maltman returned to the meeting, the time being 03:15pm.

10.25 Notice of Motion - Integrated Planning and Reporting

RESOLVED: Edwards/Roberts

That Council:

1. Request the Chief Executive Officer to give consideration to the following desired improvements to Council’s upcoming Integrated Planning & Reporting (IP&R) suite of documents and future reporting.

i. Clarity regarding how each line item is funded. For example, if both Reserves and Development Contributions are used to fund an action, the document to specify how much money is being budgeted from each source.

ii. Including the whole name of each funding source: e.g. which specific reserve and sub-reserve/s is the funding coming from and which specific developer contributions fund is it coming from.

iii. Works program being presented as a document with a 10-year view and contains all details currently provided in the draft works program, plus the capital works program scenarios, changes/carry overs reflected and highlighted within the document as they are decided upon and made available via the Elected Member Portal.

iv. Inclusion of a contents page in all draft and final IP&R documents.

v. Inclusion of a ‘living’ appendix to the Operational Plan, which lists cumulative changes (movement out and in) and is updated as resolutions are made.

vi. Consistency of the Operational Plan format across the delivery program, including:

 Maintaining the names of service areas for the duration of the delivery program

 Maintaining composition of service areas for the duration of the delivery program

 Consistency of Operational Plan references and lay-out of the document.

vii. Automatic allocation of a line item for actions/items not delivered in the Operational Plan in the following years Operational Plan with the line item denoted by the original Operational Plan reference.

viii. All deferrals proposed in reports stipulating the Operational Plan reference and a date to which the project is to be deferred to.

ix. Reporting Progress on Operational Plan line items: Progress be reported both in writing, and also with a visual system that includes the following categories:

- Completed

- On track

- Off-track, with the subcategories:

o offtrack but still to be completed in the current Operational Plan,

o deferred to next Financial Year

o deferred to years 3 or 4 within Delivery Plan

o deferred to another year within the Works Program - 5-10 years

- Deferred to outside of the Works Program

- Not progressing

2. Receive a response to each of the requested considerations as part of the Councillor Briefing to be scheduled prior to finalisation of the draft IP&R suite of documents.

3. Receive the response to each of the requested considerations in clause 1 in the report to the Ordinary Council Meeting which presents the Draft IP&R suite.

4. Request the Chief Executive Officer provide a Councillor Briefing on the future IP&R and other Council reporting enhancements planned for 2025-2026 by August 2025.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 11.01 Draft Findlay Park Master Plan, has been addressed previously within the meeting.

Deputy Mayor Edwards left the meeting, the time being 03:19pm.

Deputy Mayor Edwards returned to the meeting, the time being 03:21pm.

11.02 Petition - Rotary Park Upgrade and Related Traffic Issues

Director Fish declared a Non-Pecuniary - Less than Significant interest in this item. The reason being is that Director Fish owns a property and resides within the precinct that this item refers. Director Fish left the meeting, and was out of sight and took no part in consideration of this item.

MOTION

MOVED: Sheppard/Lipovac

That Council defer consideration and response to this Item 11.02 until March 2025

Ordinary Council Meeting.

AMENDMENT

MOVED: Intemann/Roberts

That Council:

1. Note the petition lodged by Mr John Burman on behalf of concerned residents and business owners.

2. Respond to the organiser of the petition with the outcome of Council’s consideration in the matter.

carried: 7/2

For: Edwards, Hornshaw, Intemann, Kirkman, Maltman, Roberts and Tubman

Against: Lipovac and Sheppard

THE AMENDMENT ON BEING PUT WAS CARRIED

THE AMENDMENT BECAME THE MOTION

THE MOTION ON BEING PUT WAS CARRIED

RESOLVED: Intemann/Roberts

That Council:

1. Note the petition lodged by Mr John Burman on behalf of concerned residents and business owners.

2. Respond to the organiser of the petition with the outcome of Council’s consideration in the matter.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.03 Petition - Support for Location of Proposed Surf Museum on Lot 717, Pacific Drive - Oxley Beach/Reserve

RESOLVED: Lipovac/Roberts

That Council:

1. Note the petition lodged by Mr Alan Jeffrey from the Port Macquarie Surf Museum in support of the Surf Museum’s Expression of Interest (EOI) to be allocated the right to lease Lot 717, Pacific Drive - Oxley Beach/Reserve.

2. Respond to the organiser of the petition with the outcome of Council’s consideration in this matter.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.04 Determination for the Use of the Vacant Land at Oxley Oval

RESOLVED: Lipovac/Hornshaw

That Council:

1. Thank the two community groups for their interest in the site and the work they have put into their applications.

2. Endorse the Port Macquarie Surf Museum as the preferred user group for the vacant land at the northern end of Oxley Oval for further Crown Land approval.

carried: 6/3

For: Edwards, Hornshaw, Intemann, Lipovac, Maltman and Tubman

Against: Kirkman, Roberts and Sheppard

procedural mOtion

RESOLVED: Sheppard/Edwards

That the Ordinary Council Meeting be adjourned.

carried: 8/1

For: Edwards, Hornshaw, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Intemann

The meeting adjourned at 3.55pm

The meeting recommence at 4.03pm

11.05 Community Inclusion Plan - Report Card

RESOLVED: Edwards/Intemann

That Council note the Community Inclusion Plan Six-Month Progress Report.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 11.06 Expression of Interest - Lease 143 Gordon Street (25 Gore Street) Port Macquarie, has been addressed previously within the meeting.

11.07 Community Satisfaction Survey Results

RESOLVED: Sheppard/Intemann

That Council:

1. Note the results of Council’s 2024 Community Satisfaction Survey

2. Request the Chief Executive Officer to develop an Action Plan for Council’s response to these Community Satisfaction Survey results, including intended communications and how survey outcomes will be considered in future planning and resource allocation, to be presented to the April 2025 Ordinary meeting of Council.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.08 Arts Mid North Coast Membership Report

RESOLVED: Sheppard/Edwards

That Council:

1. Note the information provided on Council’s potential membership with Arts Mid North Coast.

2. Note that $9,230.20 has been allocated for membership with Arts Mid North Coast for the remainder of the 2024-2025 financial year.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.09 Draft Community Engagement Strategy

RESOLVED: Sheppard/Intemann

That Council:

1. Note the information provided in the report.

2. Not adopt the draft Community Engagement Strategy as presented and request a further report be provided to Council in March 2025 to include amendments to the draft Community Engagement Strategy and consider feedback received in respect of the recent public exhibition of the draft Integrated Planning and Reporting (IP&R) Community Engagement Strategy.

3. Seek the following amendments be included and/or addressed in the revised draft Community Engagement Strategy:

a. feedback received in respect of the public exhibition of the draft IP&R

Community Engagement Strategy

b. outline methods that will be used to engage each of the identified stakeholder groups

c. explanation of the interface between Council’s engagement and

communications roles/activities

d. a list of potential engagement activities that may be utilised for each of the identified IAP2 Spectrum Levels.

4. Note that the draft Community Engagement Strategy includes the former provisions of the adopted Community Participation Plan.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.10 Question With Notice - Library Book Update

RESOLVED: Lipovac/Intemann

That the verbal response to be provided to Councillor Lipovac’s Question With Notice regarding Library Book Update be received.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.11 Question With Notice - 2025 Tuffins Lane Sporting Fields

RESOLVED: Lipovac/Sheppard

That the response from the Chief Executive Officer provided in response to Councillor Lipovac’s Question With Notice regarding Tuffins Lane Sporting Fields be noted.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

11.12 Question With Notice - Community Voice Education Awareness Campaigns

RESOLVED: Edwards/Sheppard

That the response to be provided to Councillor Edwards’ Question With Notice regarding Community Voice Education Awareness Campaigns be received.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Deputy Mayor Edwards left the meeting, the time being 04:43pm.

Deputy Mayor Edwards returned to the meeting, the time being 04:45pm.

11.13 Notice of Motion - Hastings Youth Voice

RESOLVED: Tubman/Sheppard

That Council:

1. Undertake a review of the Hastings Youth Voice Charter in collaboration with Hastings Youth Voice.

2. That the charter review:

a. Consider mechanisms to increase opportunities for Hastings Youth Voice to have input into critical Council planning and decision-making, for example briefing Hastings Youth Voice members on potentially relevant strategies and plans as put to public exhibition.

b. Consider mechanisms for Hastings Youth Voice to communicate directly with the governing body, including but not limited to appointment of a Councillor to the Hastings Youth Voice, semi-regular attendance of a Councillor at meetings, or quarterly presentation to Councillors in form preferred by the Hastings Youth Voice.

c. Consider maintaining a six-monthly report that permits updates on membership, to be prepared by staff.

d. Include requesting feedback from former members.

3. Provide a further report to Council in April 2025 following completion of the review of the Charter.

4. That the report in Clause 3 include the response of Hastings Youth Voice in relation to each of the mechanisms requested for consideration in clause 2a and 2b.

carried: 8/1

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

Against: Hornshaw

11.14 Notice of Motion - Sharps Disposal Bins

RESOLVED: Lipovac/Roberts

That Council:

1. Request the Chief Executive Officer give consideration to the inclusion of resourcing in the draft 2025-2026 Operational Plan and budget for implementation and ongoing maintenance of the installation of additional Sharp Disposal Bins in Public Toilets specifically in areas where syringes, needles and lancets are regularly found to have been disposed of incorrectly.

2. Provide communications to the public, should this action be implemented, indicating the location of public toilets that include sharps bins.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

13.01 Lake Cathie Natural Resource Management Monthly Update Report

Councillor Maltman declared a Non-Pecuniary - Less than Significant interest in this. 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 did not influence her decision making in the matter.

RESOLVED: Maltman/Intemann

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

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

13.02 Friends of Camden Head Lookout (Pilot Station) Update

Councillor Lipovac declared a Non-Pecuniary - Less than Significant interest in this item. The reason being that Jon Bailey who is listed as one of the volunteers seeking endorsement, ran on Councillor Lipovac’s Group Ticket at the Local Government Election September 2024. Councillor Lipovac remained in the meeting, participated and voted in the matter as this perceived conflict did not influence his decision making in the matter.

RESOLVED: Edwards/Roberts

That Council

Note the current activities supporting the establishment of the Friends of Camden Head Lookout
Request the Chief Executive Officer to ensure the consistent use, of the Council resolved name for this group as the Friends of Camden Head Lookout

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 13.03 Land Acquisition - Comboyne Road Byabarra, has been addressed previously within the meeting.

13.04 DA2023 - 716.1 Residential Flat Building and Strata Subdivision including Clause 4.6 Variation to Port Macquarie-Hastings LEP 2011 Clause 4.3 (Height of Buildings) Lot:1 DP:230726, No.7 School Street, Port Macquarie, including Works to Adjoining Building at No.9 School Street, Port Macquarie

Applicant: W E Ellis
Owner: C J Alexopoulos and P A Alexopoulos, N R Subbiah

RESOLVED: Intemann/Roberts

That Council determine DA2023 - 716.1 for a Residential Flat Building and strata subdivision including Clause 4.6 Variation to Clause 4.3 (Height of Buildings) of the Port Macquarie-Hastings Local Environmental Plan 2011 at Lot 1 DP 230726, No. 7 School Street, Port Macquarie and works to adjoining building at Lot 2 DP 230726 No.9 School Street, Port Macquarie, by granting consent subject to the recommended conditions.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 13.05 Planning and Land Use Discussion Paper - Post Exhibition, has been addressed previously within the meeting.

13.06 Stormwater Strategic Action Plan

RESOLVED: Edwards/Roberts

That Council:

1. Note the information in this report regarding the process of developing the Stormwater Strategic Action Plan public facing document.

2. Endorse the draft Stormwater Strategic Action Plan public facing document to be placed on public exhibition for a period of not less than 28 days.

3. Note that a further report will be provided to Council outlining the submissions received during the exhibition period.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Item 13.07 Policy Review - Wastewater Services Policy, has been addressed previously within the meeting.

Item 13.08 Policy Review - Water Supply Services Policy Review, has been addressed previously within the meeting.

13.09 Development Servicing Plan (DSP) Water and Sewerage - Post Exhibition

RESOLVED: Sheppard/Roberts

That Council:

1. Note the feedback received on the draft Port Macquarie-Hastings Development Servicing Plan 2024 during the exhibition period and responses to the feedback outlined in this report.

2. Note the updates made to the draft Port Macquarie-Hastings Development Servicing Plan 2024 as outlined in this report.

3. Adopt the Port Macquarie-Hastings Development Servicing Plan 2024 as presented with a cross-subsidy for the village service areas of Long Flat, Comboyne and Telegraph Point of a $0.81 increase to the Typical Residential Water Bill and a $0.91 increase to the Typical Residential Sewerage Bill.

4. Update the 2024-2025 Fees and Charges to reference the Port Macquarie-Hastings Development Servicing Plan 2024, with the new charges effective immediately.

5. Note the financial and economic implications of the adoption of the new Development Servicing Plan as outlined within this report.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

13.10 Proposed Changes to Processes and Fees & Charges for Acceptance of Bricks and Concrete

RESOLVED: Maltman/Roberts

That Council:

1. Place the proposed fee of $100.00 (GST inclusive) per tonne for Bricks / Concrete on public exhibition for 28 days.

2. Note that a report will be presented to the April 2025 Ordinary Council Meeting outlining feedback receiving during the public exhibition period.

3. Note that loads containing Tiles will continue to be diverted to landfill due to the high likelihood of contamination and charged at the applicable Mixed Solid Waste fee.

4. Note that absolutely clean roof tiles and unused tiles may be accepted at the Bricks / Concrete charge at a future date as determined by the Waste Operations Section, should operational practices enable the acceptance of this material at negligible contamination risk to Council.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

13.11 Regional Waste (Organics and Recyclables) Processing Collaboration - Memorandum of Understanding

RESOLVED: Lipovac/Roberts

That Council note the proposed regional collaboration approach and endorse signing of the draft MoU for Regional Waste Processing (Organics and Recyclables) between Port Macquarie-Hastings Council, Kempsey Shire Council, Bellingen Shire Council and Nambucca Valley Council.

carried: 8/1

For: Edwards, Hornshaw, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Intemann

Item 13.12 Impacts of Acceptance of Kempsey Shire Council Waste at Cairncross Landfill August 2022 - December 2024, has been addressed previously within the meeting.

Item 13.13 MR538 and MR600 Corridor Strategy, has been addressed previously within the meeting.

13.14 Notice of Motion - Oxley Highway Corridor

RESOLVED: Edwards/Roberts

That Council:

1. Note the Integrated Transport Plan includes actions which seek to enhance public and active transport connection between the Health and Education Precinct and the Port Macquarie CBD to support behavioural change and reduce congestion.

2. Request the Chief Executive Officer to:

a) Before the end of February 2025, write to both the Hon. Catherine King MP – Minister Infrastructure, Transport, Regional Development and Local Government and, the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW at the earliest convenience to express the urgency in progressing project planning to address traffic congestion and:

i. Share with both Ministers the Integrated Transport Plan and the Housing Delivery Plan and highlight the fact that the upgrade of the Oxley Highway Corridor between Wrights Road and Lake Road is catalyst infrastructure needed to allow for greater number and diversity of housing supply, reduce traffic congestion and improve liveability here in the Port Macquarie-Hastings.

ii. Request via the correspondence with the Hon. Catherine King MP – Minister Infrastructure, Transport, Regional Development and Local Government the Minister to note that the funding previously allocated from the Australian Government for the Stage 2 Planning for the Oxley Highway Wrights Road to Lake Road was revoked as a result of the IIP Review in 2023 and ask that Council might be made aware of funding streams that will soon be available for progressing with critical regional infrastructure projects, such as this, in the upcoming Federal Government budget.

iii. Request via the correspondence with the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW that at a recent meeting with Council it was confirmed that responsibility to source the funding needed to continue with Stage 2 Planning for the Oxley Highway Wrights Road to Lake Road section of the corridor, lies with the NSW State Government and ask that Council might be made aware of funding streams that will soon be available for progressing with critical regional infrastructure projects, such as this, in the upcoming State Government budget.

iv. Request via the correspondence with the Hon. Jenny Aitchison MP, Minister for Regional Transport and Roads, and Transport for NSW that a trial commence for a frequent direct express bus service between the Health and Education Precinct and the Port Macquarie CBD to support behavioural change and reduce congestion and additionally, to consider that this trial service be free of charge to passengers.

b) Inform Councillors of any response received to these requests.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

13.15 Notice of Motion - Waste Diverson Program

Councillor Sheppard declared a Non-Pecuniary - Less than Significant interest in Item 13.15 Notice of Motion - Waste Diversion Program as Councillor Sheppard’s husband is a former chair of Hastings Enviro-Rotary, who were described during the course of Councillor Edwards comments as doing work highly relevant to the item. It is noted that Councillor Sheppard’s husband is the former chair and not currently an active member. Councillor Sheppard remained in the meeting, participated and voted in the matter as this perceived conflict did not influence her decision making in the matter.

RESOLVED: Edwards/Sheppard

That Council:

1. Note the Waste and Resource Recovery Strategy targets of ‘achieve a 60% landfill diversion rate by 2034’ and ‘reduce self-haul domestic mixed waste (MSW) disposed to landfill by 10% by 2034’.

2. Request the Chief Executive Officer to provide a report to the April 2025 Ordinary Council meeting outlining which of the following waste items, produced by residents of the Port Macquarie-Hastings Local Government Area, currently go to landfill and which, if any, are being diverted away from landfill via circular economy waste collection streams:

a. Soft Plastics

b. Textiles

c. E-waste

d. Other hard to recycle items that are not suitable for the yellow bin.

carried: 8/1

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

Against: Hornshaw

Councillor Sheppard left the meeting, the time being 05.53pm.

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 10.20 Notice of Motion - Chief Executive Officer’s Performance Review Panel

This item is considered confidential under Section 10A(2)(i) of the Local Government Act 1993, as it contains alleged contraventions of any Code of Conduct requirements applicable under Section 440.:

Item 10.21 Notice of Motion - Commence Preliminary Discussion of 2025-2026 Chief Executive Officer’s Performance Agreement

This item is considered confidential under Section 10A(2)(i) of the Local Government Act 1993, as it contains alleged contraventions of any Code of Conduct requirements applicable under Section 440.:

Item 14.01 Update Report - Cairncross Waste Management Facility Leachate Pre-Treatment Temporary System

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

Item 14.02 Enterprise Resource Planning Platform Cloud Migration and Upgrade

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

Item 14.03 2024.058 Supply and Delivery of Ready-Mix Concrete

Item 14.04 Notice of Motion - Possible NRL Trial Game February 2026

Item 14.05 Code of Conduct Matter

This item is considered confidential under Section 10A(2)(i) of the Local Government Act 1993, as it contains alleged contraventions of any Code of Conduct requirements applicable under Section 440.

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: 8/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts and Tubman

Against: Nil

RESOLVED: Lipovac/Hornshaw

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

carried: 8/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts and Tubman

Against: Nil

Councillor Intemann left the meeting, the time being 05.52pm.

Councillor Maltman left the meeting, the time being 05.53pm

PROCEDURAL MOTION

RESOLVED: Hornshaw/Roberts

That the Ordinary Council Meeting be adjourned.

carried: 5/1

For: Edwards, Hornshaw, Kirkman, Roberts, and Tubman

Against: Lipovac

The meeting adjourned at 5.53pm

The meeting recommend at 6.00pm

Councillor Sheppard returned to the meeting, the time being 06.00pm.

Councillor Intemann returned to the meeting, the time being 06:00pm.

Councillor Maltman returned to the meeting, the time being 06:00pm.

10.20 Notice of Motion - Chief Executive Officer's Performance Review Panel

RESOLVED: Sheppard/Edwards

That Council:

1. Confirm the composition of the Chief Executive Officer’s Performance Review Panel for the period ending 30 June 2025 to consist of:

o The Mayor,

o The Deputy Mayor,

o One (1) Councillor nominated by Council, and

o One (1) Councillor nominated by the Chief Executive Officer.

2. Determine that Councillor Sheppard to be Council’s representative on the Chief Executive Officer Performance Review Panel in accordance with Council’s adopted procedures.

3. Acknowledge the Chief Executive Officer’s nomination of Councillor Danielle Maltman as the Chief Executive Officer’s representative on the Performance Review Panel for the subject period.

4. Delegate to the Chief Executive Officer Performance Review Panel the responsibility to oversee the Chief Executive Officer’s performance review process, including but not limited to:

o setting the timetable for the performance review cycle, in conjunction with the Chief Executive Officer.

o Conducting discussions about performance.

o Preparing and reporting on performance assessments.

o Developing a new performance agreement

5. Determine that Councillors who are not members of the performance review panel will be:

a. notified of relevant dates in the performance review cycle and be kept advised of the panel’s findings.

b. invited to contribute to the performance review process by providing feedback to the mayor on the general manager’s performance relevant to the agreed performance criteria, with reasonable time to make contributions.

6. Consult with the Chief Executive Officer regarding the engagement of an independent external facilitator for the performance review process and, subject to agreement, initiate the appropriate procurement process for the appointment of an external independent facilitator.

7. Determine that the Chief Executive Officer Performance Review Panel is to meet before 30 April 2025, to undertake a preliminary discussion of considerations for the next performance agreement which is not to include decision making of any kind including timeframes.

8. Request that the procurement processes identified in clause 6 be completed with sufficient time to permit the independent external facilitator to participate in the preliminary discussion detailed in clause 7, and that the preliminary discussion shall proceed with the appointed members of the Chief Executive Officer’s Performance Review Panel as per clause 7.

carried: 6/3

For: Edwards, Hornshaw, Intemann, Lipovac, Sheppard and Tubman

Against: Kirkman, Maltman and Roberts

10.21 Notice of Motion - Commence Preliminary Discussion of 2025-2026 Chief Executive Office Performance agreement

RESOLVED: Sheppard/Intemann

That Council note that the matter this Notice of Motion deals with was resolved Item 10.20.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

14.01 Update Report - Cairncross Waste Management Facility Leachate Pre-Treatment Temporary System

RESOLVED: Roberts/Lipovac

That Council:

1. Note the information provided in this report relating to the intention and methodology proposed to progress implementation of an interim leachate pre-treatment system at the Cairncross Waste Management Facility.

2. Note that a budget adjustment for the implementation of the system and current operational costs for leachate management shall occur as part of a future monthly budget review.

3. Note that the action listed in the 2024-2025 Operational Plan to commence the planning for a permanent leachate management system for the Cairncross Waste Management Facility has commenced.

4. Maintain the confidentiality of the consideration in respect of the contents of this report.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

14.02 Enterprise Resource Planning Platform Cloud Migration and Upgrade

RESOLVED: Tubman/Lipovac

That Council:

1. Note in June 2024 Council resolved to renew the existing agreements with Civica Pty Limited for licences and support for the Authority Enterprise Resource Planning (ERP) system on an annual basis for three years, commencing 1 July 2024 and expiring 30 June 2027, with the option to undertake annual renewals for a further five years at Council’s discretion.

2. Note that following an industry review conducted by Council’s Chief Information Officer (CIO), and endorsed by Executive, it is recommended that a migration to the Civica Altitude product offers the most cost-effective and practical long term ERP solution for Council.

3. In accordance with Section 55(3)(i) of the Local Government Act 1993, resolve not to invite tenders for the future ERP system due to:

a) The unavailability of competitive or reliable tenders, as Civica Pty Ltd is the incumbent vendor and sole provider of the Authority platform currently in use by Council.

b) The continuation of Civica's Authority platform ensures operational consistency, historical data integrity, and compatibility with Council’s existing systems.

4. Authorise the Chief Executive Officer to execute the SaaS Agreement with Civica Pty Ltd for an initial term of three (3) years, with two (2) additional options to extend the agreement by one (1) year each, including the implementation of Authority Altitude, at an estimated total cost of $2,068,450 (ex GST) over the initial three-year period.

5. Maintain the confidentiality of the consideration in respect of the Enterprise Resource Planning system procurement matter outlined in this report.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

14.03 2024.058 Supply and Delivery of Ready-Mix Concrete

RESOLVED: Lipovac/Edwards

That Council:

1. In accordance with section 178(1) of the Local Government (General) Regulation 2021, decline to accept any tenders submitted for 2024.058 Supply and Delivery of Ready-Mix Concrete, and enter into negotiations with any person (whether or not the person was a tenderer) with a view to entering into contracts in relation to the subject matter of the contract.

2. Pursuant to section 178(4)(a) and (b) of the Local Government (General) Regulation 2021, decline to invite fresh tenders for the reasons that the evaluation panel considers that the market has not significantly changed and inviting fresh tenders likely will not achieve a satisfactory result.

3. Note that the Chief Executive Officer, under existing delegation to the General Manager, may accept a tender for 2024.058 Supply and Delivery of Ready-Mix Concrete following successful negotiations, and present a further report to a future meeting of Council after contract award for Council’s information.

4. Maintain the confidentiality of the documents and consideration in respect of Request for Tender 2024.058 Supply and Delivery of Ready-Mix Concrete.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

Extension of Time

RESOLVED: Edwards/Lipovac

That, as per Clause 18.2 of the adopted Code of Meeting Practice, Council extend the finish time of this meeting to 8.30pm.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

14.04 Notice of Motion - Possible NRL Trial Game February 2026

RESOLVED: Sheppard/Edwards

That Council:

1. Note the Notice of Motion - Possible NRL Trial Game February 2026

2. Decline its support for a bid to host a National Rugby League (NRL) Trial Match in conjunction with the Penrith Panthers (Panthers Group Pty Ltd), to be held at the Port Macquarie Regional Stadium in early 2026 for the following reasons:

a. Size of financial contribution involved

b. Lack of clarity in relation to operational resourcing needs and associated impacts on core service delivery

c. Limited alignment of proposal and associated spending with strategic directions of Council

3. Maintain the confidentiality of the consideration in respect of the contents of this report.

carried: 6/3

For: Edwards, Hornshaw, Intemann, Lipovac, Sheppard and Tubman

Against: Kirkman, Maltman and Roberts

All staff with the exception of Council’s Legal Counsel left the meeting, the time being 7.45pm.

14.05 Code of Conduct Matter

Councillor Sheppard declared a Non-Pecuniary, Significant interest in this item. The reason being is that the respondent in this matter made a reportable political donation to a campaign group Councillor Sheppard lead in the 2024 Local Government Election. Councillor Sheppard took no part in the consideration or voting, left the meeting and was out of site for consideration of this matter.

Prior to leaving the meeting and in accordance with Clause 7.49 of the Procedures for the Administration of the Model Code of Conduct for Local Councils in NSW, Councillor Intemann provided a verbal submission to the Council.

Councillor Intemann left the meeting, the time being 7:55pm

RESOLVED: Roberts/Edwards

That Council:

1. Note the information contained in the report including the independent final investigation report.

2. Support the recommendation of the conduct reviewer in that Council’s Code of Conduct has been breached by Councillor Lisa Intemann in the sections detailed in point 3 below.

3. Resolve that Councillor Lisa Intemann be formally censured under section 440G of the Local Government Act 1993 for breaching Council’s Code of Conduct in relation to the following sections:

· Part 3, General Conduct Obligations, sub-clauses:

3.1 You must not conduct yourself in a manner that:

a) is likely to bring the Council or other Council officials into disrepute

c) is improper or unethical

e) causes, comprises or involves intimidation or verbal abuse

g) constitutes harassment or bullying behaviour under this code or is unlawfully discriminatory.

3.3 You must treat others with respect at all times

3.7 You must not harass or unlawfully discriminate against others or support others who harass or unlawfully discriminate against others, on the grounds of age, disability, race (including colour, national or ethnic origin or immigrant status), sex, pregnancy, marital or relationship status, family responsibilities or breastfeeding, sexual orientation, gender identity or intersex status or political, religious or other affiliation.

· Part 7, Inappropriate Interactions, sub-clause:

7.6 You must not engage in any of the following inappropriate interactions:

f) Councillors and administrators being overbearing or threatening to Council staff

4. Maintain the confidentiality of the consideration in respect of the contents of this report.

carried: 7/0

For: Edwards, Hornshaw, Kirkman, Lipovac, Maltman, Roberts and Tubman

Against: Nil

Councillor Intemann returned to the meeting, the time being 8.14pm

Staff returned to the meeting the time being 8.17pm.

RESOLVED: Sheppard/Hornshaw

That the Council Meeting be re-opened to the public.

carried: 9/0

For: Edwards, Hornshaw, Intemann, Kirkman, Lipovac, Maltman, Roberts, Sheppard and Tubman

Against: Nil

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

The meeting closed at 8.28pm.

………………………………………..

Adam Roberts

Mayor

AGENDA Ordinary Council 20/03/2025

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

20/03/2025

Item: 10.07

Subject: Monthly Budget Review - February 2025

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 February 2025 Adjustments section of the Monthly Budget Review – February 2025 report and associated attachment.

2. Approve the $11,354,833 budget carry forwards relating to Operational Plan Actions deferred by Council in February 2025.

3. Approve the deferral of additional actions in the 2024-2025 Operational Plan to future years as follows:

· COA 14 Port Macquarie Community Centre-Design & Construct

· CIR 03 Laurieton Depot Building Upgrade

· LUP 04 Develop precinct plan

· SPA 02 Greenmeadows Reserve - Playground Upgrade

· SPA 35 Thrumster Sports Fields - Construction

· SPA 09 Wallace Reserve, Scarborough Way - Playground Upgrade

· WAS 04 Port Macquarie Bulk WTP at Cowarra Dam

· WAS 31 Preconstruction Works for Kew (Area 15) Reservoir

4. Having regard to item 3 above, approve the associated $20,337,000 in budget carry forwards.

5. Approve $19,717,302 in additional budget carry forwards for programs detailed in Attachment 3 to this report.

6. Amend the 2024-2025 Operational Plan to include all budget adjustments and deferrals approved in this report.

Executive Summary

The extensive review of the 2024/2025 Operational Plan, associated works program and budget has continued as part of the development of the 2025-2034 Long Term Financial Plan (LTFP).

This Monthly Budget Review Report also includes the approval request for additional Operational Plan deferrals and budget carry forwards to support the Draft LTFP that will be presented to the April 2025 Ordinary Council Meeting as part of the updated IP&R suite of documents.

The recommended budget adjustments for February 2025 as part of this report comprise:

1) February budget adjustments reflecting new grants, reserve movements and accounting adjustments (Attachment 1)

2) Budget carryovers supporting Operational Plan deferrals approved at the February 2024 Ordinary Council Meeting (Attachment 2)

3) Budget carryovers associated with the new Operational Plan deferrals, requested as part of this report, which relate to additional off-track items reported as part of the 31 December 2024 Operational Plan update presented to the February 2024 Ordinary Council Meeting (Attachment 2)

4) Additional budget carry forwards relating to Operational Plan items that are on track (as reported to the February Ordinary Council meeting) that are mostly multi year projects that will continue into 2025/26. These carry forwards represent a rephasing of budget between years. (Attachment 3)

At the start of the 2024–25 financial year, Council adopted a balanced budget. The adjustments proposed in this report continue to result in a balanced budget as of February 2025, as detailed in the table below.

Monthly Budget Review Summary

Original Budget position as at 1 July 2024	Balanced	$0
Plus adjustments:
July Review	Balanced	$0
September Review	Balanced	$0
October Review	Balanced	$0
November Review	Balanced	$0
January Review	Balanced	$0
February Review	Balanced	$0
Revised Budget position as at 28 February 2025	Balanced	$0

Discussion

Monthly Budget Review – February 2025

Each month, Council’s budgets are reviewed by Group Managers and Directors, with any necessary adjustments reported to ensure financial alignment. This report provides an updated overview of Council’s actual financial position compared to the originally adopted 2024–25 budget, including any proposed reallocation of funds.

Budget variations exceeding $50,000 and 2% of the project budget are subject to Executive review and endorsement, ensuring effective oversight of operational activities and strategic financial management.

February 2025 Budget Adjustments

The following commentary should be read alongside the Forecast Budget Statement for the Year Ending 30 June 2025 table in this report. Further details on specific transactions are available in Attachment 1: “February 2025 Budget Review”.

Grants and Contributions

A total of $84,970 in grants and contributions was recognised in February 2025, including:

· Supporting Spontaneous Volunteers Program – $55,000

· Youth Week – $4,970

· Youth Excellence Program – $10,000

· Australia Day 2025– $15,000

Reserve Movements

Reserve transfers were required during the month for the following:

· Survey equipment - $49,000

Executive-Endorsed Budget Variance Requests

The Executive endorsed budget adjustments to fund key projects from restricted

reserves, including:

· Trunk Main Upgrades at Jindalee Road – $519,558

· Glasshouse Heat Pump Replacement and Roof Repairs – $150,000

Other Budget Adjustments

Additional accounting entries and project reallocations were made, with no impact on Council’s overall budget position.

Forecast Budget Statement for the Year Ended 30 June 2025

Note that ‘Other Operating Payments’ includes items such as waste levy and emergency services levies.

Capital Works Program Review

As part of the ongoing monitoring of the 2024–2025 Operational Plan, a capital works expenditure review was conducted to evaluate the current status and projected progress of capital projects. This review identified several initiatives requiring reprioritization to future financial years to improve efficiency and resource allocation.

Additionally, a comprehensive assessment of Council’s capital works program, with a focus on Water and Wastewater Services, has been undertaken to:

· Enhance Long Term Financial Plan sustainability against the LTFP reported to Council in August 2024.

· Rephase works programs and budgets to enable funding of significant priority capital projects such as:

o Cowarra Dam Water Supply Scheme

o Thrumster Wastewater Treatment Plant Scheme

The first phase of the review resulted in Operational Plan 2024-25 deferral requests and associated budget carry forwards being presented and approved by Council at the November 2024 Ordinary Council meeting.

The next phase of the review is now complete and has resulted in the following requests.

1) Approval of the budget carry forwards relating to Operational Plan deferrals approved at the February 2025 Ordinary Council meeting as follows:

Actions Deferred: 2024-25 Operational Plan Quarterly Status Report - 31 December 2024

OP Ref Carryover Action

· HBR 01 $100,000 On-site Sewage Management Policy

· SDF 01 $1,600,000 West Port (Buller Street) Flood mitigation works, Port Macquarie

· SPA 03 $98,500 Amethyst Way Reserve, Port Macquarie

· SPA 06 $307,220 Rainbow Beach Local Park, Lake Cathie/Bonny Hills

· SPA 07 $306,199 Rainbow Beach, Lake Cathie/Bonny Hills

· SPA 12 $190,000 Camden Haven Surf Club Building

· SPA 27 $292,914 Hastings Regional Sporting Complex

· SPA 31 $180,000 Port Macquarie Regional Stadium Upgrades

· WAW 02 $5,975,000 Thrumster Wastewater Treatment Scheme

· WAS 23 $655,000 Telegraph Point Clearwater Capacity Upgrade

· WAS 28 $650,000 Pumps Renewal and VSD upgrade - Koree Island

· WAS 30 $1,000,000 Cowarra Dam Pump Station Upgrade

$11,354,833

2) Approval of additional 2024-25 Operational Plan deferrals and associated budget carry forwards

Several actions were identified as Off Track due to program delays in the 31 December 2024 Operational Plan update reported to Council in February but were not requested for deferral in that report. These are now requested for deferral along with budget carry forwards as part of the LTFP development as follows:

Requested additional deferral of off-track actions as reported in the 2024-25 Operational Plan Quarterly Status Report - 31 December 2024

OP Ref Carryover Action

· COA 14 $239,000 Port Macquarie Community Centre-Design & Construct

· CIR 03 $175,000 Laurieton Depot Building Upgrade

· LUP 04 $100,000 Develop precinct plan

· SPA 02 $43,000 Greenmeadows Reserve - Playground Upgrade

· SPA 35 $10,200,000 Thrumster Sports Fields - Construction

· SPA 09 $60,000 Wallace Reserve, Scarborough Way - Playground Upgrade

· WAS 04 $8,300,000 Port Macquarie Bulk WTP at Cowarra Dam

· WAS 31 $1,220,000 Preconstruction Works for Kew (Area 15) Reservoir

$20,337,000

Attachment 2, Carry Overs identified as Off Track or Deferred in the 31 December 2025 - 2024-25 Operational Plan Status Report, provides detailed commentary supporting the carryover of funds related to Actions approved for deferral or identified as Off Track and requested for deferral as noted in items 1) and 2) above totalling $31,691,833.

3) Approval of additional carry forwards as part of the rephasing of multi-year program budgets

Attachment 3, Other Carry Overs, including those identified as On Track in the 31 December 2025 - 2024-25 Operational Plan Status Report with works continuing in future years, provides details of Actions that are On Track for completion against the Performance Measure contained in the 2024-25 Operational Plan. The carryover request of $19,717,302 is sought to support to rephasing of budget for these multi-year projects, or projects that have multiple stages.

In total, project budgets totalling $51,409,135 are proposed to be deferred and carried forward from the 2024‑25 works program and where appropriate will be included in the Draft 2025‑26 Operational Plan. Actions identified for deferral beyond the 2025-26 Operational Plan will be reflected in Council’s 10-year Long Term Financial Plan.

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.

Budget carry forwards requested in Attachments 2 and 3 total $51,409,135 as part of the rephasing of the works programs in development of the 2025-2034 LTFP.

The budget movements within this report maintain a cash balanced budget.

Statement by Responsible Accounting Officer

“The adopted original budget result for 2024-25 was a balanced budget. As at 28 February 2025 this position remains a balanced budget and this position is considered acceptable

Rod Archer

Responsible Accounting Officer - Port Macquarie-Hastings Council”.

Attachments

1. February 2025 Budget Review

2. Carry Overs identified as Off Track or Deferred in the 31 December 2025 - 2024-25 Operational Plan Status Report

3 . Other Carry Overs, including those identified as On Track in the 31 December 2025 - 2024-25 Operational Plan Status Report with works continuing in future years

Item: 10.08

Subject: Investments and Loans - February 2025

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 February 2025

Executive Summary

· All Council investments comply with Section 625 of the Local Government Act 1993 and Council’s Investment Policy.

· Council’s investment portfolio met all compliance requirements in February 2025 and throughout the financial year to date.

· Returns on invested funds have exceeded year-to-date budget expectations by $2,464,776. Council is monitoring economic indicators closely, noting potential further interest rate cuts in the second half of the 2024-25 financial year, as predicted by some analysts.

· For the financial year to date, Council’s investment portfolio (excluding cash holdings) achieved an actual return of 2.28% (3.44% annualised), slightly underperforming the benchmark AusBond Bank Bill Index return of 2.98% (actual), or 4.51% p.a. (annualised).

· This underperformance is primarily due to recent sustained higher interest rates compared to many of Council’s existing term deposits made during a low-interest rate period when rate increases were not anticipated.

· The loans portfolio is currently benefiting from lower average rates compared to current borrowing rates resulting in a positive net exposure to interest rates for Council.

Discussion

Clause 212 of the Local Government (General) Regulation 2021 requires the Responsible Accounting Officer to provide Council with a monthly report on all funds invested under Section 625 of the Local Government Act 1993. This report must certify that all investments comply with the Act, the Regulations, the revised Investment Order issued by the Minister for Local Government, and Council’s Financial Investment Policy.

This report outlines the status of Council’s investment and loan portfolios as of 28 February 2025. Attachments 1 (Port Macquarie-Hastings Council Investment Report) and 2 (Port Macquarie-Hastings Council Portfolio Valuation), prepared by Council’s Investment Advisors, Arlo Advisory, provide a detailed analysis of the investment portfolio’s performance for February 2025.

Investment Portfolio

Council’s investments primarily consist of:

· Externally restricted funds under the Local Government Act (e.g., Water and Sewer), which are designated for specific purposes and cannot be used for general operations.

· Internally restricted funds allocated for specific projects, to be expended based on the timing of future works and project delivery schedules.

A detailed breakdown of investments by external and internal restrictions as of 28 February 2025 is provided below.

	Amount $	% of total
Externally Restricted
Water Fund	157,964,325	42%
Water Reserve	91,031,583	24%
Developer Contributions	66,932,742	18%
Sewer Fund	54,088,826	14%
Sewer Reserve	27,729,732	7%
Developer Contributions	26,359,094	7%
Waste Fund	25,240,875	7%
General Fund	128,209,876	34%
General Reserves	40,943,131	11%
Developer Contributions	87,266,745	23%
Total externally restricted	365,503,902	97%
Internally Restricted
General Fund	13,139,424	3%
Total internally restricted	13,139,424	3%
Total investments	378,643,326	100%

The 2024-2025 Long-Term Financial Plan projects that Water, Sewer, and Waste investments - totalling $237.3 million (60% of total investments) - will be fully utilised over the next 10 years to fund key infrastructure projects, including the Cowarra Water Treatment Plant, Thrumster Sewerage Treatment Plant, and the Kew Sewerage Treatment Plant Upgrade.

General Fund investments are substantially allocated for specific purposes with the following breakdown as of the end of the 2023-2024 financial year:

· Developer Contributions:

$87.3 million (23% of total investments) is restricted to funding growth-related infrastructure in accordance with adopted plans. These funds cannot be used for existing infrastructure or projects outside the approved plans.

· Unexpended Grants:

$34.3 million (9% of total investments) consists of grant funding received for specific purposes but not yet expended.

· Deposits and Bonds:

$7.9 million (2.1% of total investments) represents security bonds that will be returned to suppliers upon project completion.

· Working Capital:

$7.1 million (1.9% of total investments) is maintained as a reserve for urgent or emerging priorities. This amount is modest relative to the size of the organization but reflects sound financial management.

· Committed Works:

$3.8 million (1% of total investments) is allocated for committed works scheduled for delivery in 2024-25 or future years.

· Plant Replacement:

$4.5 million (1% of total investments) is designated for vehicle and major plant replacements, funded through internal plant hire fees charged to projects.

· Employee Leave Entitlements:

$3.8 million (1% of total investments) is reserved for employee leave liabilities.

The remaining investments are distributed across multiple internal reserves earmarked for specific purposes, including projects already included in Council’s 10-year works program.

Details of investment movements during February 2025 are outlined below.

Activity	Amount $	Institution	Rate	Term	Funds Fossil Fuel
Matured	2,500,000	Westpac	1.82%	3yrs	Yes
Matured	5,000,000	Westpac	4.85%	2yrs	Yes
Matured	5,000,000	ING	4.94%	2yrs	Yes
Matured	5,000,000	P&N	2.05%	3yrs	No
Matured	3,000,000	ING	5.09%	2yrs	Yes
Matured	5,000,000	My State	2.25%	3yrs	No
Matured	2,000,000	P&N	2.05%	3yrs	No
Withdrawal	0	Westpac	4.60%	On Demand	Yes
Total Matured	27,500,000
Deposit	84,881	Westpac	4.60%	On Demand	Yes
Invested	5,000,000	AMB	4.71%	2yrs	No
Invested	5,000,000	AMB	4.73%	3yrs	No
Invested	2,000,000	ICBC	4.86%	1yr	Yes
Invested	4,000,000	Westpac	4.65%	3yrs	Yes
Invested	4,000,000	Westpac	4.75%	5yrs	Yes
Total New Investments	20,084,881
Net Investment Movement being the difference in Principal invested at end of month & excluding Investment Earnings	-7,415,119

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

The maturity profile of investments (excluding the cash management account, which is on call) is shown below, demonstrating a balanced distribution of maturities over the next 3 to 5 years, in line with Council’s Investment Policy and the timing of future reserve funding requirements for key projects.

The average interest rate on maturities in 2024-2025 reflects the impact of longer-term investments made prior to the interest rate decline during the COVID-19 pandemic. The Movements in Investments table above highlights some investments with lower interest rates maturing in February 2025, which are largely being reinvested at higher rates.

This shift will help enhance Council’s performance in relation to key metrics such as the budget and the AusBond Bank Bill Index.

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

Financial institutions funding fossil fuels	Purchases since 01/07/24	Purchases since 01/07/24	Amount invested at 28/02/25	Amount invested at 28/02/25
Yes	32,076,760	43%	272,643,326	72%
No	42,000,000	57%	106,000,000	28%
	74,076,760		378,643,326

Further commentary on fossil fuel investments can be found in the attached Monthly Investment Report (Attachment 1) prepared by Arlo Advisory.

In its investment decisions, Council seeks multiple quotes from a range of financial institutions across various rating levels. When a bank does not lend to the fossil fuel industry, offers the highest rate, and complies with Council's Policy risk limits, Council prioritises that bank in alignment with the Investment Policy.

The following table shows the interest returns as of 28 February 2025 for 2024-25 and the portfolio performance against benchmark (bank bill Index).

Item	Performance
Interest for the Month ($)	1,127,416
Interest YTD ($)	9,613,302
% of Annual Budget Rec'd	88%
Portfolio Performance FYTD Actual (%)	2.28%
AusBond Bank Bill Index FYTD Actual (%)	2.98%
Performance Compared to Bank Bill Index (%)	-0.70%

Loan Portfolio

The following table presents the loan balances, repayments and monthly interest expense as of 28 February 2025 for 2024-25.

Fund	Amount Borrowed	Outstanding Balance	Weighted Average Interest Rate	Accrued Interest for Month	Remaining Repayments FYTD
General	66,144,755	10,447,353	4.28%	34,727	1,845,615
Waste	1,500,000	258,923	3.44%	683	89,291
Total	67,644,755	10,706,276		35,410	1,934,906

The maturity profile of the loans portfolio is shown below, providing details of when outstanding loan balances will be paid down, including the average interest rate payable.

Summary - Net Position Investments and Loans

Interest Analysis for the Month	Values $
Investment Interest Income	1,127,416
Loan Interest Expense	(35,410)
Net Interest Income for the Month	1,127,416
Investments Vs Borrowings
Total Current Investment Balance	378,643,326
Total Current Loan Balance	(10,706,276)
Net Position	367,937,050

At current interest rates, Council can invest funds at around 4.7%. With a significant portion of the loan portfolio locked in at lower average rates, Council is benefiting from a positive net exposure to interest rates. However, this position may come under pressure in the future, as upcoming loans are expected to incur 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 exceeded on YTD basis. Returns are currently marginally below benchmark.

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.

Rod Archer

Responsible Accounting Officer

Attachments

1. Port Macquarie-Hastings Council Investment Report - 28 February 2025

2. Port Macquarie-Hastings Council Portfolio Valuation - 28 February 2025

3. Port Macquarie-Hastings Council Loan Repayments - 2024-2025

AGENDA Ordinary Council

20/03/2025

Item: 10.09

Subject: Community Utilities Annual Compliance and Performance Report - 2023/24

Presented by: Community Utilities, Robert Fish

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 within this report regarding the Annual compliance and performance reporting of Council’s drinking and recycled water supply, wastewater systems and waste management services for the reporting period 1 July 2023 to 30 June 2024.

Executive Summary

Port Macquarie-Hasting Council manages five water supply systems, one recycled water supply system, eight wastewater schemes and three licenced waste management facilities. The regulatory and assurance framework for local water utilities, which covers Council’s water supply and sewerage functions under the Local Government Act 1993 and the Water Management Act 2000, requires that water utilities submit performance data to the NSW Department of Planning and Environment on an annual basis.

The Water Management Act 2000 also establishes a framework which allows for sharing of water available for extraction through Water Access Licences (WALs). Council has a number of water access licences for the extraction and supply of drinking water for the Local Government Area (LGA) and are required to report on extraction volumes on an annual basis.

The Protection of the Environment Operations Act 1997 (POEO Act) requires that all scheduled activities are required to have an Environmental Protection Licence (EPL), administered by the Environment Protection Authority (EPA). For Council sewage treatment, waste disposal and waste storage facilities that are Scheduled Activities, and therefore have an EPL, Council is required to submit performance and compliance data on an ongoing basis, on Council’s Website, and on an annual basis as an Annual Licence Return.

This report provides an outline of performance and compliance reporting that Council undertakes, on an annual basis, as part of Council’s regulatory frameworks for the reporting period 1 July 2023 to 30 June 2024.

Discussion

National Performance Reporting

All Urban Water Service Providers that serve more than 10,000 properties are required to report under the National Performance Reporting (NPR) framework. Council contributes to the NPR by providing annual performance data to the NSW Department of Climate Change, Energy, the Environment and Water as per the NSW Water Supply and Sewerage Performance Monitoring Framework. These frameworks provide an annual, independent benchmark of pricing and service quality of NSW and Australian urban water utilities. In NSW, Port Macquarie-Hasting Council is considered a large urban water supplier, with Council being the 5^th largest water supplier (excluding the metropolitan utilities of Sydney and Hunter Water).

Port Macquarie-Hastings Council is required to report to the NPR on five wastewater systems, five water supply systems and our recycled water systems. The five Wastewater systems include Port Macquarie, Wauchope, Kew Kendall, Camden Haven and Bonny Hills. The five water supply schemes include Port Macquarie-Camden Haven, Wauchope, Comboyne, Telegraph Point and Long Flat areas, which supply potable water to the majority of residents. Council also provides data for the Port Macquarie Recycled Water Supply system and a number of effluent reuse schemes.

Council has completed the data submission for the 2023-2024 reporting period, however this data has not been provided by the NSW Government for NSW benchmarking as this occurs following data validation. The data for 2022-2023 financial year is however available for this benchmarking analysis.

There were two areas that were identified for improvement in the 2022-2023 report to Council, from the 2021-2022 LWU performance report.

· In the LWU Performance report for 2021-2022, Port Macquarie-Hastings Council ranked high in comparison to all other large water utilities in the number of odour complaints received per 1000 properties. The 2022-2023 performance data has identified that the odour complaints have reduced substantially from the previous years, and Council is now ranked at the median for all NSW Councils. The reported figures have reduced from three complaints to one complaint per 1000 connected properties.

The majority of odour complaints are experienced in the Port Macquarie Wastewater Scheme. There are a number of projects being undertaken in the Port Macquarie scheme to mitigate odour issues, including implementing improved odour chemical dosing management in the reticulation and the construction of an odour management system (OMS) at the Port Macquarie Wastewater Treatment Plant inlet works. These improvements in odour management are evident in the reported decrease in odour complaints. It is expected to see further improvements with the completion of construction of the OMS in 2025.

· In the LWU Performance report for 2021-2022, Council experienced a higher number of sewer overflows compared to the weighted median for all large utilities in NSW. The number of overflows were reflective of the extreme rainfall events in 2021 and 2022. Council continues to rate high in comparison to other councils but in the 2022-2023 reporting year the number of overflows experienced has halved, from 4.7 to 2.1 overflows per 100km of sewer main. This has been due to the implementation of an Inflow and Infiltration (I&I) program to investigate where stormwater is directly or indirectly entering our sewer scheme. Inflow refers to direct flow of rainfall into sewers from surface runoff or illegal connections from stormwater infrastructure, such as household stormwater guttering. Infiltration refers to groundwater entering into cracks in pipes or manholes of other infrastructure in the ground.

In 2023-2024 Council has focused on managing the rectification requirements of faults identified by I&I investigations. The majority of non-compliances that were identified for Port Macquarie, Bonny Hills and Camden Haven catchments have been rectified. Council is currently working through rectification of the issues identified in the Wauchope catchment, with over 50% having been rectified.

The data for 2022-2023 LWU performance reporting has identified that Port Macquarie-Hastings Council has the highest residential growth of all LWU’s in NSW, measured through the number of new residents connected to water. This is also demonstrated in the amount of sewer collected in the Port Macquarie Hasting LGA, with Council being one of the highest in NSW. This data demonstrates the need to continue to monitor and manage upgrades to our water and wastewater infrastructure to ensure we continue to be able to service the growth along with managing our regulatory requirements.

Comparative data from NSW Regional Local Water Utilities is available on the DCCEEW website. Local water utility performance | NSW Government Water

Water Extraction Licences

The Water Management Act 2000 establishes a framework which allows for sharing of water available for extraction through water access licences (WALs). Council has several water access licences for the extraction and supply of drinking water for the LGA. The conditions for extraction and use of water are managed through water supply works approvals and water use approvals. The licences and approvals outline the conditions, responsibilities and restrictions on extraction of water, including the volume of water available for extraction.

Council is required to provide annual water consumption figures to WaterNSW. Annual consumption is calculated on a financial year basis each year. WaterNSW charges fees to cover the assessment and processing costs for approved water licences as well as charges for water use. The details on the reported volume of water extracted and annual fees paid for water extraction, are provided in the table below.

Water Source	Supply	Licence amount (ML)	23/24 Available amount (ML)	23/24 consumption (ML)	23/24FY Fees ($)
Camden Haven River	Not Used	3000	6000	0	$15,944
Hastings River Alluvial Groundwater	Not Used	19	19	0	$344
Hastings River	Long Flat	15	16.2	9.5	$350
Hastings River	Koree 3 PS	11,860	21,341	2379	$78,436
Hastings River	Koree 2 PS	8,500	12,140	4860	$66,042
Thone River	Comboyne	32	48.6	15.4	$354
Wilson River	Telegraph Point	70	94	46	$756

For all supply schemes, except Long Flat, the water meter readings are manually entered by Council on Water NSW reporting portal, the Water extraction meter for Long Flat has established telecommunications with the Water NSW monitoring system and is updated automatically each week.

Although not used, extraction licences are maintained for the Camden Haven River and the Hastings River coastal floodplain alluvial groundwater source, for emergency purposes if required. The fees charged for the Camden Haven and groundwater licenced are administrative fees only, charged in accordance with the licence extraction volume allowance.

Annual EPA Licence Returns

The NSW Environment Protection Authority (EPA) issues environmental protection licences (EPL) to the owners or operators of various industrial premises under the Protection of the Environment Operations Act 1997 (POEO Act). Licence conditions relate to pollution prevention and monitoring, and cleaner production through recycling and reuse and the implementation of best practice. If a facility or activity at a facility is listed under Schedule 1 of the POEO Act (Scheduled Activity) then an EPL is required. For Council, sewage treatment, waste disposal and waste storage are applicable Scheduled Activities.

Council’s Community Utilities Division currently hold all (non-project related) of Council’s EPLs, totalling eight as follows:

· Port Macquarie (PM) Wastewater Treatment Plant - Licence #589

· Camden Haven (CH) Wastewater Treatment Plant - Licence #805

· Wauchope Wastewater Treatment Plant - Licence #804

· Bonny Hills (BH) Wastewater Treatment Plant - Licence #594

· Kew/Kendall (KK)Wastewater Treatment Plant - Licence #10339

· Cairncross Waste Management Facility - Licence #11189

· Port Macquarie (Kingfisher) Waste Management Facility - Licence #20698

· Dunbogan Waste Management Depot - Licence #5924

For all licenced premises, Council is required to submit performance and compliance data on an ongoing basis, both on Council’s Website and on an annual basis as an Annual Licence Return.

The Telegraph Point, Long Flat and Comboyne Wastewater Treatment Plants don’t meet the discharge volume requirements to have an EPL regulated by the EPA. Internally compliance monitoring of data from these plants is undertaken to ensure requirements outlined in the Review of Environmental Factors (REF) - environmental approval are met.

The Protection of the Environment Operations (General) Regulation 2022 also requires that facilities that exceed thresholds for a National Pollution Inventory (NPI) substance are legally required to report emissions of that substance to the NPI. Council reports NPI emission for four wastewater systems (Port Macquarie, Wauchope, Bonny Hills and Camden Haven). These are reported annually, in conjunction with the EPL annual report as required.

The section below provides information on the performance of our licenced facilities, as reported in our annual licence returns.

The table below summarises the performance of each of the Wastewater Schemes with regards to EPL Compliance:

Scheme	Licence Period	Number of Non-Compliances	Number Recorded Bypasses
Wauchope	Feb 24 to Jan 25	2	9 (Wet Weather licenced overflow)
Port Macquarie	Nov 22 to Oct 23	2	5 (Wet Weather licenced overflow) 2 (Reticulation Wet Weather overflow) 1 (Effluent UV Wet Weather overflow)
Bonny Hills	Nov 22 to Oct 23	1	0
Camden Haven	Feb 24 to Jan 25	1	3 (Wet Weather)
Kew/Kendall	June 22 to June 23	6	2 (Wet Weather Licenced Overflow)

The table below summarises the EPL annual return reported complaints for each of the Wastewater Schemes:

Complaint	Wauchope	PM	BH	CH	KK
Odours - STP	0	5	0	0	0
Odours - Retic	6	37	7	2	1
Water Pollution - STP	0	0	0	0	2
Water Pollution - Retic	0	0	0	0	0
Sewer Surcharge/choke	11	43	6	5	0

There were two non-conformances reported for Wauchope WwTP. One non-conformance was due to two exceedances of the 100 percentile licence limit for pH in August and September 2024. pH exceedances are typical during dry weather when algae growth is at its peak. This has reduced compared to previous years with the ultrasonic algae units on the effluent ponds having been recently serviced. The volume discharge limit for effluent disposal was also exceeded on 10 occasions due to excessive in-flows to the treatment plant. These excessive flows also resulted in nine reportable wet weather bypasses, with bypassed flow overflowing at overflow licence point to Yippin Creek. Council has completed installation of flow meters on all pumped discharge lines to improve Council’s ability to adequately measure reuse, effluent discharge and overflows. Currently overflows are estimated for regulatory reporting.

There were two non-conformances reported for Port Macquarie WwTP. This was due to the discharge of leachate from the Cairncross Waste Facility and Remondis, to the Port Macquarie WwTP, without current Trade Waste Agreements. The Trade Waste Agreement for the Waste Facility Leachate was renewed on 28 September 2025. Remondis are in the process of applying for a Trade Waste Agreement. Currently the leachate from both facilities is being trucked to an approved trade waste facility in Sydney. Heavy rainfall and excessive flow through the scheme due to infiltration also resulted in 5 licence bypass events at the treatment plant, an overflow at the UV system at the effluent ponds and two overflow events in the reticulation.

At Bonny Hills Lake Cathie WwTP there was one non-conformance reported of five incidents where the discharge volume limit was exceeded. This was due to heavy rainfall and increased flow through the scheme due to infiltration.

There was one non-conformance reported for the Camden Haven WwTP. This was due to six separate exceedances of the 90^th percentile limit for Total Phosphorus (TP). The TP exceedance occurred due to issues with the Alum dosing, that were rectified through investigations into the alum dosing controls and process improvements in the alum dosing volumes. Heavy rainfall events also led to excessive flows, which also caused three reportable wet weather bypasses at the Treatment Plant with bypassed flow being discharged to the licenced effluent discharge point (Ocean discharge).

There were six non-conformances reported for the Kew Kendall WwTP. Five were due to 38 separate exceedances of the 100^th percentile limit for Licence Points 2 and 6, for Faecal coliforms (FC), pH and Total Suspended Solids (TSS). Intermittent failures of the UV system resulted in the Faecal coliform exceedances and all other exceedances are due to algae growth in the effluent ponds. The volume discharge limit for effluent disposal was also exceeded on seven occasions due to excessive flows through the Treatment Plant causing increased flow through the Plant. These excessive flows also resulted in two reportable wet weather overflows at the Treatment Plant which were pumped to the overflow licenced discharge point in the Camden Haven River.

Pollution Reduction Programs (PRP) or Pollution Reduction Studies (PRS) may be imposed by the EPA in response to continuing environmental issues or ongoing compliance problems. The intention is to achieve improved environmental outcomes in a negotiated timeframe, and these are imposed on the licensee under a licence condition. Council has a number of PRP or PRS that have been included as licence conditions. The details on progress for the PRP/PRS are provided below.

· Port Macquarie WwTP PRP 5 - Implementation of Odour Reduction Measures.

This PRP was imposed on Council due to the large number of odour complaints received from near neighbours of the Port Macquarie WwTP. Investigations have identified that the major cause of these odour complaints is H2S gas release through the inlet works.

Deliverables 1.2 to 1.8 of the PRP have been completed. The actions completed include trialling chemical dosing in the reticulation and at the WwTP for odour management. Through the investigations, Council has chosen to continue to manage and improve the chemical dosing in the reticulation and combine this with the construction of an Odour Management System (OMS) at the inlet works at the Port Macquarie WwTP. Council has awarded the design and construction of the OMS to Aquatech Pty Ltd. The design phase of this project has been completed and the contractors have commenced construction, with expected completion mid 2025, in line with the PRP timeline requirements.

· Bonny Hills WwTP PRP 2 - Implement Bonny Hills Effluent Reuse Scheme

Council has completed all actions as required of this PRP except for Condition 4. This has been extended to November 2025. Council achieved conditional Section 60 Approval to operate the scheme in February 2024. However, failure of performance of the membrane has resulted in delays to commence supply. New membranes have been supplied by the manufacturer and were installed in January 2025. It is anticipated that the scheme will commence supply late in 2025 following completion of a few of the final conditions of approval.

· Bonny Hills WwTP PRS 4 - Ongoing Surface Water and Groundwater Quality Investigations - Duchess Creek

Council has completed all deliverables for this PRS and EPA have reviewed and provided responses. Council is awaiting a formal variation of the licence that will include some additional works to be undertaken on the old sludge lagoons and the effluent disposal trench.

· Wauchope WwTP PRP 3 - Investigate Impact of the STP on the Water Quality in the Hastings River

Council has completed all the deliverables as required by the PRP and the EPA has recently removed this PRP from the licence.

Non-Licenced WwTP Sites

Compliance of the Telegraph Point, Long Flat and Comboyne Wastewater Treatment Plants is monitored by Community Utilities internal Compliance Section. The Table below provides a summary of the performance of each of these WwTP ‘s in accordance with the REF, for the period of January to December 2024, in reference to the 100-percentile performance.

Scheme	Number of Non-Compliances	Number Recorded Bypasses
Comboyne	2	2 exceedances of Total Phosphorus in June
Long Flat	4	1 exceedances Thermotolerant coliforms in Feb 3 exceedance phosphorus in Feb & Nov
Telegraph Point	13	1 exceedance of Nitrogen in April 3 exceedances of ammonia in April, Jun & Oct 9 exceedances of Thermotolerant coliforms over the calendar year

The exceedances on each occasion of total Phosphorus were due to failures in Alum dosing, and these have been rectified. The Ammonia and Nitrogen failures were due to the system being underloaded with flow and the aerator overaerating the system. The operators have been systematically changing the operations of the aeration system to reduce the likelihood of over aeration and this has resulted in improved performance at the Long Flat and Comboyne Treatment Plants. The Telegraph Point WwTP has had ongoing issues with the UV disinfection system through January to March. This treatment plant also continues to have difficulties with treatment during peak holiday periods and rainfall periods where high flows through the plant hinder its performance.

Waste Management Facilities

The table below summarises the EPL annual return reported complaints for each of the Waste Management Facilities. Each facility has a different reporting period, so these have been identified.

Complaint Type	Cairncross 23/10/2022 - 22/10/2023	Dunbogan 13/10/2022 - 12/10/2023	Port Macquarie - 24/4/2022 - 21/4/2023
Air	1	0	0
Water	0	0	0
Noise	0	0	0
Waste	0	0	0
Other	0	0	0

The table below summarises the non-compliances for each of the Waste Management Facilities in their respective reporting periods.

Facility	Number of Non-Compliances	Details of Non-Compliances
Cairncross - 23/10/2023 - 22/10/2024	5	· 1 x L3.2 - Exceedance of concrete and bricks stockpile limit · 1 x M2.1 & M2.3 - 3 of 4 samples collected from point 1 · 2 x Subcontract Laboratory error · 1 x No interim Leachate Management Plan implementation
Dunbogan 13/10/2023 - 12/10/2024	12	Monthly gas monitoring in houses located within 250m of landfill not undertaken
Port Macquarie 24/04/2023 - 21/04/2024	0	Not applicable

Corrective actions are being undertaken with respect to the concrete and bricks stockpile limits and implementation of the interim Leachate Management Plan.

Currently Council has on-going issues with gaining access to private houses therefore monthly gas monitoring within houses that are within 250m of the disused landfill at Dunbogan has not been able to occur at all premises and hence the 12 non-compliances (one for each month). Risk assessment investigations are currently underway regarding this licence condition that will inform further discussion with the EPA.

All EPL’s attract an annual administrative fee and some licences also require payment of annual load-based fees. The Waste Management Facilities and the Kew Kendall WwTP do not trigger annual load-based fees. Load-based licencing sets limits on the pollutant loads emitted by holders of EPLs and links Licence fees to pollutant emissions. The table below provides a summary of the fees paid by Council for the most recent annual licence Returns.

Licence Facility	Licence Fees ($)
Port Macquarie (PM) Wastewater Treatment Plant	$27,503
Camden Haven (CH) Wastewater Treatment Plant	$9,263
Wauchope Wastewater Treatment Plant	$27,510
Bonny Hills (BH) Wastewater Treatment Plant	$3,563
Kew/Kendall (KK)Wastewater Treatment Plant	$3,468
Cairncross Waste Management Facility	$4,896
Port Macquarie (Kingfisher) Waste Management Facility	$2,448
Dunbogan Waste Management Depot (non-operational)	$4,896

Options

This report is for information and noting. Council may resolve to request more information as required.

Community Engagement and Internal Consultation

No specific community engagement or internal consultation was undertaken regarding this report.

Planning and Policy Implications

Whilst there are no planning and policy implications directly in relation to this report, ongoing monitoring of performance against regulatory expectations generates maintenance and works programs items to ensure compliance levels are maintained and improved over time.

Financial and Economic Implications

Whilst there are no financial and economic implications directly associated with the production of this report, future works programmes are influenced by response to regulatory requirements and may require targeted investment in future years operational plans.

Attachments

Nil

AGENDA Ordinary Council

20/03/2025

Item: 11.03

Subject: SouperVan Mobile Food Van - Use of Bain Park

Presented by: Community, Planning and Environment, Melissa Watkins

Alignment with Delivery Program

2.2.1 Support and advocate for all community sectors.

RECOMMENDATION

That Council:

1. Note the application from ADRA for the operation of the Souper Van in Bain Park, High Street, Wauchope.

2. Note the information provided relating to alternate locations.

3. Determine the Section 68 application for the applicant’s preferred location in Bain Park for a trail period of six (6) months for a Mobile Food Vendor - SouperVan.

4. Determine the request to waive the fees associated with the application(s) for the approved location of being $6737.00

5. Inform the applicant of the outcome of Council’s consideration of this matter.

Executive Summary

The Community Connect SouperVan, operated by ADRA, provides an essential food and support service for vulnerable members of the Wauchope community. Over the past few years it has been operating without formal approval and the service has been providing meals and support at Bain Park on Wednesday evenings. This report seeks a decision from Council regarding the location for the SouperVan’s continued operation, balancing the need for community support with the long-term activation and management of our public spaces.

The applicant has now submitted applications under Section 138 of the Roads Act and Section 68 of the Local Government Act for formal approval to operate in Bain Park, their preferred location. While Bain Park has historically been used for this service, it is a high-profile site that has recently undergone $2 million in embellishments. The site is also subject to ongoing issues, including waste management, graffiti, vandalism particularly within and around amenities. There is also the desire for the site to be used for events and general activation which may conflict with this activity. Additionally, the open and central nature of Bain Park may limit privacy and dignity for those accessing the service.

Although a small number of complaints have been received regarding the SouperVan’s operation at Bain Park, the broader concern is ensuring an appropriate balance between community need, service provision, and responsible management of public space.

While Council staff have provided a range of alternative locations, the applicant has remained committed to the Bain Park site which is the subject of the applications. Additionally, the applicant has also requested a waiver of the associated fees for Council’s consideration.

This report outlines the implications of both locations and seeks a determination from Council on the site for the SouperVan’s operation.

Discussion

In December 2024, Council identified that the SouperVan mobile food van was operating at Bain Park without appropriate permits. The SouperVan, run by ADRA, is understood to have been providing meals and support for approximately three years from the current site without formal approvals. Once the situation was identified, Council staff-initiated discussion with the applicant to communicate the need for permits and to address compliance with legislative requirements.

Providing food services is an important part of assisting vulnerable members of our community. However, the location of such services requires careful consideration to balance the needs of those experiencing hardship with the broader community's expectations.

A Section 138 application has been received and reviewed and it now supports the traffic and safety measures outlined in the Traffic Management Plan. During the review, Council staff identified that the location is on a Transport for NSW road asset, being the Oxley Highway, and TfNSW were referred the application for comment. No objections were raised by TfNSW.

Separate from the approval required under Section 138 of the Roads Act 1993, the use of the park area also requires approval under Section 68 of the Local Government Act. The Liveable Communities team has thoroughly reviewed the application, including the Traffic Management Plan (Attachments 1 and 2), and determined that it meets all necessary requirements.

Matters for Consideration

Key considerations for an application such as this include:

· Pedestrian Safety: Ensuring safe access to the SouperVan for pedestrians.

· Traffic Safety: Addressing safety concerns related to traffic movements.

· Footpath Access: Maintaining safe and clear access for community members using the footpath while the SouperVan is operating.

· Obstruction-Free Setup: Ensuring tables and chairs do not obstruct pedestrian access or compromise safety.

· Operational Hours: The SouperVan will operate once a week from 5:30 pm to 7:30 pm with adequate lighting.

· Waste Management: Ensure the vendor has clear plans for handling waste to avoid litter and maintain cleanliness

· Safety: Avoid locations where increased activity might lead to perceived or actual safety risks for users or the broader community

· Food Safety: Ensure the mobile food vehicle is fit for purpose and meets the relevant food safety requirements

· Amenities: Access is available to amenities that are safe and available

Other considerations include:

· Dignity and Accessibility

o The location should ensure service users feel respected and safe.

o A discreet, yet accessible location may reduce the stigma and judgment often associated with public assistance programs.

o Consider areas close to existing support services (e.g. shelters, community centres) to make access easier.

· Community Perception and Harmony

o High-profile locations may unintentionally draw public criticism or discomfort, especially if it changes the nature of the public space.

o Balancing visibility to service users with maintaining the space’s purpose for broader community use is essential.

· Precedent and Sustainability

o Historical trends have shown that concentrated services in public spaces can sometimes result in unintended issues such as overuse, nuisance behaviour, or even resistance from nearby businesses or residents.

o Setting a sustainable precedent that aligns with Council’s broader strategies for addressing homelessness and food security is vital.

Alternate Locations

Whilst the applications were progressed, Council staff identified potential alternative locations to Bain Park. These other locations were canvased with the SouperVan operator and are summarised below:

1. Andrews Park (opposite No. 53 Cameron Street)

This is Council staff’s preferred location. This location provides easy access, includes male and female amenities that are open 24hrs, lighting, waste disposal facilities and is in close proximity to the applicant’s nominated preferred location. This site has good passive surveillance and is considered to be a safe location. This site location is near the former Neighbourhood Centre (operating from the Indoor Stadium) resulting in good community awareness of the use of this site and positive synergies for the Souper Van.

Approvals Required - Section 68 (Local Government Act).

2. Andrews Park (opposite Our Lady of Lourdes Catholic Church)

This location provides easy access, includes male and female amenities, lighting, waste disposal facilities and is in close proximity to the operator nominated preferred location. This site location is also near the former Neighbourhood Centre (Indoor Stadium) resulting in good community awareness of the use of this site and positive synergies for the Souper Van.

It is acknowledged that construction works are scheduled to commence on new netball courts and as such temporary exclusion fencing will be erected in close proximity for the duration of the construction works.

Approvals Required - Section 68 (Local Government Act)

3. Avondale Street, Bain Park

This location provides easy access, is nearby male and female amenities (approximately 100m), limited street lighting, waste disposal facilities and is near to the operator nominated preferred location. This location is near by the Omnicare site resulting in positive synergies for the Souper Van.

Approvals Required - Section 68 (Local Government Act) required along with Section 138 (Roads Act 1993) for the operation from Avondale Street.

4. Wauchope Library and Customer Service Centre

This location provides easy access and is in close proximity to the operator nominated preferred location. This site does not provide for male/female amenities, waste disposal facilities or lighting.

Approvals Required - Section 68 (Local Government Act) as well as engagement with other user groups.

5. Wauchope Rotary Youth Hall

This location provides easy access, good lighting and is near to the operator nominated preferred location. Male/female amenities are not provided for at this location (nearest amenities located in the adjacent Bain Park). This facility is currently committed to the Girl Guides on Wednesday Nights and there is a potential conflict with availability and uses/users.

Approvals Required - Section 68 (Local Government Act)

In addition to the above, the following sites were identified as potentially suitable however they are not within Council’s ownership and approval would be subject to landowners consent and other relevant approvals:

1. Wauchope RSL.

2. Wauchope Showground.

The applicant expressed concerns with the identified alternative sites around safety issues such as poor lighting and uneven surfaces with the Bain Park Threshold (entrance) on High Street retained as the operators nominated preferred location.

For comparison, the applicants preferred location of the Bain Park threshold provides male and female amenities that are only available until dusk, after which time they are locked, minimal lighting, and waste disposal facilities and is located at a very prominent location at the front of Wauchope’s recently upgraded popular Bain Park within the CBD.

Assessment

In considering the above sites and for the purpose of the assessment of the Section 68 application the assessment was as follows:

· Enhancing Community Life: Events and activities should positively contribute to the vibrancy, diversity, and social cohesion of the local government area. They should celebrate community identity, promote inclusivity, and provide opportunities for people to connect.

· Appropriate Location & Use of Space: Events/uses must be held in suitable locations that support safe and accessible participation. Organisers should ensure minimal disruption to residential areas, businesses, and essential services while maximizing public benefit.

· Safe & Inclusive Access: Event and activity setups, including seating, stalls, and activity areas, must maintain continuous, safe, and equitable pedestrian access. Accessibility should be a priority to ensure all community members can participate comfortably.

· Encouraging Fair & Collaborative Participation: Events and activities should complement existing community initiatives, businesses, and cultural activities rather than create direct competition. Where possible, local groups, artists, and businesses should be involved to foster a strong local economy and cultural exchange.

Council staff have reviewed the Section 68 application and confirm that it meets the necessary requirements, however while staff fully support the valuable service the Souper Van provides, it is considered that Andrews Park is a more suitable location for this use.

Bain Park presents challenges due to its high-profile nature of the site, planned activation for events, and limited amenity access. Andrews Park, however, offers better surveillance, 24-hour amenities, and proximity to adjacent services, making it a more practical and sustainable option.

Notwithstanding, Council staff remain committed to working with ADRA to find a balanced outcome that supports both the service and broader community needs and should Council approve the use of Bain Park, it is recommended that this initially be for a trial period of six months to allow staff to monitor its impacts and address any emerging issues as needed.

The applicant is also requesting a fee waiver for the applications. There are a number of elements to the fees including:

· Fees $4,750.00 ($100.00 per day)

· Bond $2,000.00

· Application Fee $150.00

· A Frame Application $137.00

· Total $6,737.00

This request is a matter for Council to also determine.

Options

Council has the following options available:

1. Approve the applicant’s preferred location for the SouperVan at Bain Park, subject to the necessary permits and compliance with all regulations on a six-month trial basis.

2. Approve Andrews Park for the SouperVan at Bain Park, subject to the necessary permits and compliance with all regulations on a six-month trial basis.

3. Continue discussions with the applicant to identify and approve a suitable alternative location that meets safety and regulatory requirements.

4. Not approve the application at any site.

The matter is before Council for determination. Council can consider any of the above options.

Community Engagement and Internal Consultation

Internal consultation involved the Community Infrastructure Planning and Design Team regarding the Section 138 application and legislative compliance for the SouperVan's operations. The Liveable Communities Team collaborated to explore alternative, safe, and suitable locations for the SouperVan, including onsite meetings.

A briefing was provided to Council on 6 February 2025 to discuss the matter and the alternative sites.

Planning and Policy Implications

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

Financial and Economic Implications

Should Council choose to waive the fees as detailed in the report, it will result in a loss of potential revenue as follows:

· Loss of application fee - $287.00

· Loss of site fees - $4,750.00 ($100.00 per day)

Attachments

1. ADRA Souper Van Section 68 Application Acknowledgement

2. ADRA Souper Van Traffic Management Plan

AGENDA Ordinary Council

20/03/2025

Item: 13.08

Subject: Post Exhibition Report - PP2022-2.1 - Planning Proposal Proposed Catholic High School - Lot 6 DP 594793, Lots 6 & 7 DP 594792, 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. Note the engagement report (Attachment 4) summary of submissions received during public exhibition of the Planning Proposal PP-2022-2.1.

2. Note the conditional Gateway Determination (Attachment 2) granted by the Department of Planning, Housing and Infrastructure on 5 July 2024 authorising Council as the planning proposal authority to exercise the functions of the local plan-making authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979.

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 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 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 8) 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, Housing and Infrastructure for finalisation.

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

Executive Summary

The purpose of this report is to provide a summary and consideration of submissions received following public exhibition of PP2022-2.1, and to advise on the Gateway determination. The subject Planning Proposal is a map only amendment to rezone the subject land from RU1 Primary Production to part SP2 Infrastructure (Educational Establishments), SP2 Infrastructure (Roads) (for Ocean Drive Road Reserve only) and part C2 Environmental Conservation to enable an educational establishment for the purpose of a Catholic High School under the Port Macquarie-Hastings Local Environmental Plan 2011 (LEP). This planning proposal will give effect to Action 17 of the Urban Growth Management Strategy:

Action 17 - Investigate the capacity of the land at the intersections of Ocean Drive with Houston Mitchell Drive and at the intersection of Ocean Drive with Bonny View Drive for light industrial development or for the use as a school.

The Planning Proposal was publicly exhibited from 28 October 2024 until 25 November 2024.

During this exhibition period, Council received a total of six public submissions and four submissions from State Agencies. Overall, these submissions expressed general support for the proposal to establish an educational institution.

The submissions from the State Agencies outlined their specific requirements regarding the Planning Proposal, which are discussed further below.

Under the Gateway Determination issued by the Department of Planning, Housing and Infrastructure, Council has been authorised to carry out its functions as the Local Plan-making Authority under section 3.36(2) of the Environmental Planning and Assessment Act 1979, provided that all conditions of the Gateway Determination are satisfied. The Planning Proposal aligns with the Ministerial Directions, and there are no outstanding objections from public authorities.

It should be noted that initially, the Local Environmental Plan (LEP) was required to be completed by 5 January 2025. However, Council requested an extension to the Gateway Determination to allow time for the Proponent to provide the required additional information, and the new completion date is now set for 5 May 2025.

The Planning Proposal meets the conditions of the Gateway Determination, and it is recommended that the proposal be approved. This report recommends that Council endorse the Planning Proposal as exhibited and undertake the necessary legislative functions to draft and finalise an amendment to the Land Zoning (LZN) map to implement the Planning Proposal.

Discussion

The Proposal

The intent of Planning Proposal PP-2022-2.1 is to rezone the subject land from RU1 Primary Production to part SP2 Infrastructure (school) and part C2 Environmental Conservation to enable an educational establishment for the purpose of a Catholic High School under the Port Macquarie-Hastings Local Environmental Plan 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.

This Planning Proposal will give effect to Action 17 of Council’s adopted Urban Growth Management Strategy:

If finalised, the LEP LZN map will be updated to reflect the revised zones, for the identified land, as described in the Planning Proposal within Attachment 1.

Council Decision to Prepare a Planning Proposal

At its Ordinary Council meeting held on 14 December 2023, Council endorsed the commencement of the planning investigations for the revised zones for the identified land as follows:

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.

Gateway Determination

The Department of Planning, Housing and Infrastructure granted conditional determination on 5 July 2024 allowing the Planning Proposal to proceed to public exhibition. The timeframe set for completing the LEP amendment is 5 January 2025.

The conditional matters were as follows:

1. Prior to exhibition, the planning proposal is to be amended to:

(a) provide an assessment against the urban growth area variation principles in Appendix B of the North Coast Regional Plan 2041;

(b) note that Council is considering options of a pedestrian overpass or underpass and further details will be addressed as part of any future development application;

(c) remove the SP2 Infrastructure zone proposed for the road reserve south of the subject lot;

(d) remove reference to the land zoning map sheet;

(e) update the SP2 Infrastructure annotation for the road reserve to the east of the subject lot from SP2 School to SP2 Road; and

(f) update the SP2 Infrastructure annotation from SP2 School to SP2 Educational Establishment.

2. Public exhibition is required under section 3.34(2)(c) and clause 4 of Schedule 1 to the Act as follows:

(a) the planning proposal is categorised as standard as described in the Local Environmental Plan Making Guideline (Department of Planning and Environment, August 2023) and must be made publicly available for a minimum of 20 working days; and

(b) the planning proposal authority must comply with the notice requirements for public exhibition of planning proposals and the specifications for material that must be made publicly available along with planning proposals as identified in Local Environmental Plan Making Guideline (Department of Planning and Environment, August 2023).

3. Consultation is required with the following public authorities and government agencies under section 3.34(2)(d) of the Act and/or to comply with the requirements of applicable directions of the Minister under section 9 of the Act:

· NSW Biodiversity, Conservation and Science

· Transport for NSW

· NSW Rural Fire Service

· Essential Energy

· NSW Mining, Exploration and Geoscience

· Busway Group

· Birpai Local Aboriginal Land Council

· NSW Department of Education

Each public authority is to be provided with a copy of the planning proposal and any relevant supporting material via the NSW Planning Portal and given at least 30 working days to comment on the proposal.

4. A public hearing is not required to be held into the matter by any person or body under section 3.34(2)(e) of the Act. This does not discharge Council from any obligation it may otherwise have to conduct a public hearing (for example, in response to a submission or if reclassifying land).

A copy of the Gateway Determination dated 5 July 2024 is provided within Attachment 2.

On 14 August 2024 an updated Planning Proposal was submitted to Council addressing Gateway determination conditions 1 (a) to (f). This included an updated proposed land zoning map (figure 1) which reflects the retention of Bonny View Drive as zone RU1 Primary Production and Ocean Drive Corridor as SP2 Infrastructure (Roads).

Figure 1 - revised proposed land zoning map

On 16 August 2024 the following agencies were referred the Planning Proposal and provided until 30 September 2024 to provide a response meeting gateway determination condition 3:

· NSW Biodiversity, Conservation and Science

· Transport for NSW

· NSW Rural Fire Service

· Essential Energy

· NSW Mining, Exploration and Geoscience

· Busway Group

· Birpai Local Aboriginal Land Council

· NSW Department of Education

Comments were received from NSW Mining, Exploration and Geoscience (on 3 September 2024), Transport for NSW (on 5 September 2024), NSW Biodiversity, Conservation and Science (on 10 September 2024), NSW Rural Fire Service (on 24 September 2024) and Busways Group (on 2 October 2024).

In accordance with Gateway determination condition 2, the Planning Proposal was placed on public exhibition from 28 October 2024 until 25 November 2024. In accordance with the requirements outlined in Local Environmental Plan Making Guideline (Department of Planning, Housing and Infrastructure, August 2023), all adjoining and adjacent landowners were notified via letter of the planning proposal along with all households in the Bonny View Drive rural residential area.

Alteration of Gateway Determination

A Gateway Alteration was requested to extend from the timeframe for completion of the Planning Proposal from 5 January 2025 for four months. This request is required for the applicant to complete an additional Aboriginal Archaeological Assessment of the site. DPE has formally granted an alteration to the Gateway Determination.

A copy of the Gateway Alteration dated 5 December 2024 is provided within Attachment 3.

Consultation and Public Exhibition

The draft Planning Proposal was placed on public exhibition on Council’s Have Your Say Page for a period of 28 days, from 28 October 2024 until 25 November 2024 in accordance with the requirements of the Gateway Determination and Council’s Community Participation Plan 2019. The exhibited Planning Proposal is included within Attachment 1.

During the exhibition period, seven submissions were received from the public. An Engagement Summary Report for the exhibition of the Planning Proposal is provided within Attachment 4. A summary of the outcomes of the public exhibition process are discussed below:

· There were 575 total visits to Council’s Have Your Say engagement website page

· 236 visitors to the site downloaded the documents (noting that there were three documents that could be downloaded)

· 7 surveys or submissions were received.

Comments were also received from NSW Mining, Exploration and Geoscience (on 3 September 2024), Transport for NSW (on 5 September 2024), NSW Biodiversity, Conservation and Science (on 10 September 2024), NSW Rural Fire Service (on 24 September 2024) and Busways Group (on 2 October 2024).

A summary of the submissions received during the public exhibition are provided within Attachment 4.

Key Issues

1. State Agency Submissions

In their response, Transport for NSW requested that the Traffic Impact Assessment (TIA) be updated according to the Local Environmental Plan Making Guidelines, as outlined in Attachment C. It is important to note that the TIA was initially prepared based on advice from Transport for NSW and submitted to the Council before these guidelines came into effect. While additional information could be requested from the proponent to address this issue, it is deemed more appropriate to address this during a merit-based assessment at the Development Assessment Stage, when a new TIA will need to be prepared.

In their response to Council, NSW Resources stated that there is no resource sterilisation issues related to the proposal.

In their feedback, the Biodiversity, Conservation and Science Division (BCS) of the Department of Climate Change, Energy, the Environment, and Water noted that the Planning Proposal aims to protect the high environmental value of the land in question. This will be achieved through the application of zone C2 Environmental Conservation in alignment with the North Coast Regional Plan 2041.

In their response, the NSW Rural Fire Service (RFS) emphasised that any future development application must comply with the planning guidelines for bushfire protection.

2. Public Submissions

A total of seven public submissions were received. These submissions expressed strong support of a high school in the Lake Cathie and Bonny Hills area.

A detailed summary of the submissions and responses are within Attachment 4.

Options

Council is the Local Plan Making Authority (LPMA) for this Planning Proposal. As the LPMA, the following options are available to Council:

1. Not proceed with the Planning Proposal. This results in not making the amendments to the LEP.

2. Endorse the Planning Proposal as exhibited and take the necessary steps under Section 3.36 of the Environmental Planning and Assessment Act 1979 to expedite finalisation of Port Macquarie-Hastings Local Environmental Plan 2011 (Map Amendment No 8) to give effect to the Planning Proposal. This is the recommended option.

3. Defer a decision on the Planning Proposal pending further work and/or review, or other alternative action.

This report recommends Option 2. This option ensures the subject land is zoned appropriately to permit an educational establishment and preserve the identified land with high environmental value within a C2 Environmental Conservation zone, which is a more appropriate zone, and will protect this land in perpetuity.

Option 1 is not supported as this would preserve the status quo, which would retain the current inappropriate zoning which does not permit an educational establishment or protect the high environmental value land.

Option 3 to defer consideration, or other alternative action is not supported from a social and economic perspective, and to avoid future potential negative impacts to the environment. It is considered that sufficient information has been provided to inform the decision.

Community Engagement and Internal Consultation

Internal Consultation

Internal consultation was undertaken with Council’s:

· Natural Resource Management Team.

· Community Infrastructure Planning and Design Team.

· Utilities Planning and Design.

Community Engagement

As discussed above, following public exhibition of the draft Planning Proposal on Council’s Have Your Say webpage for a period of 28 days, from 28 October 2024 until 25 November 2024. 7 submissions were received.

The submissions were generally supportive of the proposal and particularly supportive of a local educational establishment in the Lake Cathie and Bonny Hills area. Some clarifications of the proposal were sought from a neighbouring property. The clarifications have been provided by Council staff.

A detailed summary of the submissions and responses are included within Attachment 4.

Planning and Policy Implications

The Planning Proposal proposes a ‘map only’ amendment to the LEP. It explains the intended effect of the Port Macquarie-Hastings Local Environmental Plan (LEP) 2011 (Map Amendment No. 8) and sets out the justification for making the plan.

The Planning Proposal is consistent with the North Coast Regional Plan 2041, Council’s Community Strategic Plan Imagine 2050 and the Strategic Planning Principles and Planning Priorities set out in Shaping Our Future 2040 - A Local Strategic Planning Statement for Port Macquarie-Hastings.

Council is the Local Plan Making Authority (LPMA) in this matter. As LPMA, Council is authorised under the Gateway Determination to finalise the PP in accordance with the conditions imposed on the Gateway Determination and make the LEP giving effect to the Planning Proposal. A public hearing has not been required to be held into the matter under section 3.34(2) of the Act.

Should the recommendation be supported by Council, the Plan (Port Macquarie-Hastings Local Environmental Plan 2011 (Map Amendment No. 8) will be made by the Director Community, Planning and Environment under delegation and published on the NSW legislation website, and the NSW Planning Portal.

Financial and Economic Implications

All fees associated with this proposal have been paid by the Proponent, totalling $46,160. These fees are intended to cover the costs related to Council staff resources for assessing the Planning Proposal.

Should the recommendation be supported by Council, Council staff will manage and advance the LEP amendment until its completion. An additional fee of $2,200 is to be paid by the Proponent for finalisation, in accordance with Council’s approved fees and charges.

Attachments

1. Draft Planning Proposal PP-2022-653

2. Gateway Determination

3. Alteration of Gateway Determination

4. Engagement Report

AGENDA Ordinary Council

20/03/2025

Item: 13.11

Subject: Outcomes of General Waste Red Bin Rubbish Collection Trial Over Summer

Presented by: Community Utilities, Robert Fish

Alignment with Delivery Program

4.1.7 Develop and implement effective waste management strategies.

RECOMMENDATION

That Council:

1. Note the details in the report as to the outcomes of the weekly general waste bin collection trial undertaken between 23 December 2024 and 31 January 2025 inclusive.

2. Provide an extra red (general waste) bin collection service over the Christmas/New Year period on an on-going basis, in line with the current additional yellow (recycling) bin collection service.

3. Endorse a review of waste fees and charges to ensure that the cost of any changes made to collections is user funded.

Executive Summary

At the Ordinary Council Meeting held on 18 July 2024 Council resolved:

14.04 General Waste Red Bin Rubbish Collection Over Summer

That Council:

1. Note the implications of changing to a weekly general waste bin collection over summer as detailed in this report.

2. Implement a trial of a weekly Red bin collection between 24 December 2024 and 1 Feb 2025 inclusive.

3. Allocate funding for this trial (approximately $140,000) from the Waste Reserve, noting the impact on future capital projects if future revenue is not raised to recover these costs.

4. Note the funding allocation will be included in August 2024-2025 monthly budget adjustment report.

5. Request the Chief Executive Officer to prepare a communications plan detailing this is a trial, education on the use of various bins and costs associated with increased bin services.

6. Report back to Council with trial period data following the trial period.

A minor correction to the trial period days were made to align to the weekly collection schedule while still maintaining the 6-week period. The trial dates were from 23^rd December 2024 to 31st January 2025.

This report responds to point 6 of the July 2024 resolution.

Two key issues noted in the initial Notice of Motion raised at the April 2024 Ordinary Council Meeting were relating to odour and the generation of additional rubbish over the holiday period. From data collected, many of the odours issues would be addressed via the removal of organic/food waste from the red general waste bin. From the subsection of data collected it was noted that over the trial period, bins were 55% full on average. If all items eligible for the green and yellow bins that were found in red bins had been placed in the correct bins, the amount of waste would not have exceeded the fortnightly allowance.

Generally, community feedback was positive about the trial, but it did highlight several matters that should be considered when considering changes to bin services:

· There is potentially a portion of the community who are not aware of which items are acceptable in each bin type (primarily what can go into the green organics bin which is emptied weekly).

· Many householders are not aware that there are various options available for red bin collection, including the option of weekly collections if required.

· The red bin trial period exceeding the time period for the normal additional yellow bin collection caused confusion around bin collection.

· The waste collection contractor had difficulty resourcing this short term commitment and attending all addresses required (the latter due to increased traffic over the holiday period).

· There was confusion and disappointment from rate payers who currently pay additional charges to have a weekly collection and were not reimbursed this over the trial period.

Discussion

As resolved at the 18 July 2024 Ordinary Council Meeting (noting a minor date correction), from 23 December 2024 to 31 January 2025, Council completed weekly collections of general waste kerbside domestic bins as a trial. Acknowledging there is an increase in waste over the Christmas and New Year period, Council has in the past and will continue to provide residents with an additional recycling bin collection over this two-week period. Recycling is offered in place of general waste as this type of waste is typically increased for this period. For example, wrapping paper, cardboard, bottles and cans waste quantities increase, noting that many residents use the ‘return and earn’ option for recyclable containers.

Data collected during the trial indicates that on average, 57% of households presented their red bins for collection on the additional offered weeks (compared to previous year’s data). The two weeks following Christmas saw the largest increase in presentation, with 70% of bins being presented for the additional collection. Graph 1 below shows the number of bins presented over the trial period. The graph compares the data of the comparative period from the prior year.

Graph 1: presentation of red bins kerbside over Summer periods in FY25 (trial) and FY24 (Normal)

Tonnage data from domestic kerbside waste (red bin) deposited to landfill in this period shows that there was a 25% increase in mass of general waste disposed. Similarly, the increase was largest in the weeks surrounding Christmas, where 42% more waste was presented for disposal to landfill. Graph 2 below shows the mass of waste deposited to landfill from red bin kerbside collection. As in Graph 1 above, the trial data series covers the 6 weeks of the trial period (FY25) and the normal data covers the comparable period for FY24.

Graph 2: waste tonnages deposited into kerbside red bins over trial period

The data indicates that the peak period for additional general waste disposal are the 2 weeks around the Christmas/New Years period - which aligns with the current additional recycling collection that is currently offered as a standard service by Council.

During the trial period, Council engaged a consulting company to conduct an audit of the waste generation of a subset of the community. This involved looking at the bins presented for the additional collections and determining (visually) how full they were, then auditing the materials presented in each bin to determine whether items were being placed in the appropriate bins. The full report is attached, but notably findings are summarised below, noting percentages are based off weight:

Pre-trial

· Red bin fullness averaged 72%

· Red bin composition of general waste was 88.6% (11.4% of contents could have been deposited in the yellow or green bins)

· 24.8% of the yellow bin waste was contamination from general waste

· Green bins contamination rate was 2.5%

During trial

· Red bin fullness averaged 55%

· Red bin composition of general waste was 87.2% (12.8% of contents could have been deposited in the yellow or green bins)

· 5.5% of the yellow bin waste was contamination from general waste

· Green bins contamination rate was 3.3%

After trial

· Red bin fullness averaged 60%

· Red bin composition of general waste was 93.6% (6.7% of contents could have been deposited in the yellow or green bins)

· 8.6% of the yellow bin waste was contamination from general waste

· Green bins contamination rate was 2%

Recommendations from the report were as follows:

· Based on the data collected pre, during and post the trial, it is not justifiable to increase the regularity of general waste collections to weekly as the trial did not have a notable influence on bin volume, bin weight, and bin fullness, and incorrect disposal within the red bin was at its highest during the trial period.

· Promote education surrounding the correct sorting of waste materials (notably those identified as contamination and leakage (incorrect bin use) within this report to help ensure potential contaminants are diverted into the correct bin. Consider a campaign that focuses on how much space could be gained from correctly sorting waste and reusable resources (i.e., textiles, homewares and small furniture)

· Ensure that education materials are available on Council’s website in a range of difference languages; and

· More regular audits which include the compositions and volumes of all waste types will improve the understanding and identify areas in which the Council can target improvements. Regular audits also provide feedback on which educational messages have been successful and guide future educational messaging.

Overall, it was noted that on average there was capacity available in bins, and that there is an opportunity to increase education across the community to improve understanding of what can go into each bin, and of the kerbside collection options available.

Contract implications

JR Richards (JRR) were able to conduct the trial under the current contract at cost under the applied contract rates. During this period, collection charges applied to all kerbside general waste bins in the LGA regardless of whether or not they were presented for collection. To enable this, JRR had to source trucks and train additional staff, and as feedback indicated, there were instances of pick-ups not being collected on the planned day with return runs needing to be completed in the following days.

If this were be implemented in any scale moving forward, it may lead to formal requests for variations to the existing contract given the scale of the additional services required.

In addition, if weekly collections were to be implemented as an ongoing initiative this would need to be considered in the details of the upcoming new waste collection and processing contracts.

Strategic implications

Fortnightly general waste bin collections were introduced in the Port Macquarie-Hastings Local Government Area in 2014, which was implemented in conjunction with a mass rollout of organics bins, kitchen tidies and compostable bags. The intention of this change was to incentivise residents to largely divert food out of the red bin, primarily into the organics bin.

The rollout and change to fortnightly general waste collection resulted in more organics being diverted from landfill as can clearly be shown below by Graph 1. Between 2013-2014 and 2014-2015 financial years, kerbside general waste decreased by 2,395 tonnes and organics increased by 1,994 tonnes. Prior to the rollout, food waste was measured as being 40% by weight of the general waste bin in the 2014 kerbside audit. A kerbside audit undertaken in 2021 for MidWaste showed food waste was 26% in the general waste bin for Port Macquarie-Hastings and Kempsey Shire combined. This reinforces the success in diverting food waste from landfill, but also highlights the importance of continuing to educate the community on proper use of their household bins.

Graph 3: Annual kerbside waste tonnages

Council’s Waste and Resource Recovery Strategy 2024-2034 was adopted at the July 2024 Ordinary Council Meeting. Within this Strategy, there are a number of strategic objectives, targets and actions which may be adversely impacted by weekly general waste collections over summer.

Key objectives from the Strategy which this trial can be seen to contradict are:

· Reduce generation of waste

· Increase diversion of waste from landfill

Targets from the Strategy which may be impacted by changes to the general waste collection service:

· Reduce total domestic waste generated person by 10% by 2034

· Achieve a 60% landfill diversion rate by 2034

· Achieve a 90% average recovery rate of recyclables and combined food and garden organics from domestic kerbside collections by 2034

Actions which may be more difficult to implement if general waste collection are increased:

· Develop and deliver community education programs to avoid / reduce the generation of household waste and improve separation of household waste at the kerbside

Maintaining the current collection frequencies is a key element in achieving the strategic targets.

The NSW Government’s Waste and Sustainable Materials Strategy 2041 similarly is focused on reducing waste, improving recycling and supporting the circular economy.

Community Feedback

Note that discussion was also seen on local social media groups with varying views on the matter - the comments provided below indicate the sentiment of most of the discussion.

Customer Service also received calls which did not require formal tracking or responses but requested explanation or clarification relating to the trial dates.

A sample of direct feedback received by Council in relation to the trial is given below:

Date	Type	Commentary
5/2/2025	Compliment	Good Afternoon I wanted to thank you for instigating the trial of weekly red bin collection over the Christmas break. I found it extremely helpful, as it got rid of all my extra Christmas rubbish without the bin overflowing. It also avoided the usual problem with maggots in my bin over the hot summer due to rubbish sitting for a fortnight. I hope the trial becomes a regular summer program. Thanks again
7/2/2025	Compliment	Thank you for the extra bin pickups over the Christmas break. All the best.
7/1/2025	Complaint (fees)	I have a question about the trial of weekly pickups of the red bins from residential premises. Currently, we pay a supplement to receive a regular weekly red bin collection - or, to put it another way, we are already paying for a service that Council is now providing for free to other residences for the six week trial period. Are we entitled to a refund for part of the yearly fee that we pay? Six weeks amounts to 11.5% of the year - a not insubstantial amount for retirees. If a refund is not forthcoming, can you please explain why not? Many thanks
15/12/2025	Complaint (intent of trial)	I just wanted to email in regards to the trial of additional red bin collections recently highlighted in the local news - Trial of weekly red bin collections to kick start at Christmas Port Macquarie Hastings Council. I wanted to ask about the purpose of the trial, which is quite costly? Local residents who need more red bin capacity can already opt for a weekly service Red, yellow and green bins Port Macquarie Hastings Council. Like any service this comes at an additional cost, but that makes sense, if you were to compare it to water usage, for example - you use more, so you pay more. They can also pay less with a smaller red bin - it is very flexible, more so than most Councils. The trial offers a service across the board to residents whether they have asked for it or not - not to say they won't use it (many will, offers like this usually result in a peak in waste to landfill). If this is in response to complaints - consider comparably how many residents have not complained - as this indicates that they are satisfied with their service? Offering extra red bin services will discourage waste reduction. This trial goes against the Council's own Waste Strategy and it's key theme of avoiding and reducing waste. Port Macquarie-Hastings Council has for a long time been a leader in sustainable waste management. This trial is going in the opposite direction of most Councils in NSW (many of whom are transitioning to weekly green and fortnightly red services) and the NSW Waste and Sustainable Materials Strategy. It may raise expectations of residents which will then need to be managed. Does the trial include compare other options? For example with the potential annual spend employing 1-2 staff (could be part-time) to visit residents and engage on how to reduce waste, including explaining service options and what can be recovered and recycled? This is just one option that could provide a service that is tailored and helpful while also aligning with Council's strategic goals. I look forward to hearing more about the trial, what is being tested or measured and whether alternatives are being explored. Thanks
30/1/2025	Compliment	I would like to request that Council considers permanently extending the weekly red bin service. As a family of four with only a small red bin, the fortnightly service is not adequate. The trial of the weekly red bin service over the past month has been for more effective for our family.

Feedback on social media posts Council made relating to the trial was primarily positive. Three posts were made relating to the trial - the first allowed comments, the second allowed comments for a period, but was turned off as staff were not available to moderate, and for the third post comments were not turned on.

Across the three posts there were approximately 1300 likes, 138 loves and 9 angry reactions.

Comments on these posts were: negative - 10 (4 of these relating to those who pay to have weekly collections); positive - 21; other waste related queries - 9.

Anecdotal evidence from conversations with community members and those who phoned and spoke to the Waste Services Team indicated that while the trial was largely well received. For the most part those who used the service were not fully aware of what could be accepted in the green (organics) bin, and were still placing a lot of food waste in the red bin, and that many placed items in the red bin that they would previously have kept until they did a donation or landfill self-haul trip, but used the opportunity to dispose of the items.

Contractor Feedback

JR Richards, as the collection contractor, also provided feedback as given below:

· In order to keep business as usual running, standard drivers kept their regular pick-up schedules. This meant that extra and casual drivers were required given the additional alternate weeks services for both the two weeks of recycling collection and six weeks of general waste collections.

· Increase in phone traffic caused a significant issue. The constant calls early in the day asking why their bin hadn’t been emptied (off week services were not always completed at the same time as ‘normal’ services).

· Calls from villages and stratas with private Commercial Agreements calling and complaining to staff because they thought that they were entitled to the additional collection.

· Extra holiday traffic in region added over an hour to each driver’s day – this applied for all services, but particularly the additional services as they were generally run later in the day.

· A lot of people requesting return services as they forgot to put bins out for the additional services and felt they were “owed” the extra collection.

· At the completion of the extra yellow bin collection, and once the trial had finished, many people were confused as to what extra services they are “entitled” to receive. Many people thought that yellow bin additional collection would also span the 6 weeks, and a lot of people seem to think that the weekly red bin was supposed to be for a full year.

· Phone call numbers via the Council Hotline for December averaged 85 calls per day. During the Christmas week there were 391 calls over the 3 business days, averaging 130 calls per day.

If additional services are to be considered in the future, it would be beneficial to align the additional collections with the additional yellow bin collection to reduce the confusion and complaint directed toward Council and contractor staff. This would also link to the higher levels of presentation and tonnages in this period surrounding the Christmas/New Years holidays.

Options

Options available to Council to consider include:

1. Provide an extra red (general waste) bin collection service over the Christmas/New Year period on an on-going basis, in line with the current additional yellow (recycling) bin collection service.

2. Resolve to make no changes to the current waste collections over the summer period

3. Resolve to continue with the 6 weeks of weekly general waste collections over summer, and the contractual and financial implications that result, including a review to ensure waste fees and rates are appropriate to cover the costs

4. Request additional information to inform an alternate decision

Option 1 is the recommendation of this report. This option aligns with Council’s strategic objectives as adopted within the Waste and Resource Recovery Strategy 2024-2034 and Waste Services Policy, and aligns best with the analysis of bin presentation and composition data by providing additional services for the highest waste generation period over the Christmas/New Year.

Internal Consultation

Internal consultation was conducted with:

· Waste Projects Officers

· Waste Services Administrative Officer

· Innovation, Process and Compliance Manager

· Group Manager Utilities Planning & Design

· Director Community Utilities

Planning and Policy Implications

The Waste Services Policy was adopted by Council in May 2024. This Policy includes the objectives to:

· Reduce waste to landfill

· Maximise source separation of general waste, recycling and food and garden organics

This may be seen as contradictory to increasing the frequency of general waste bin collections and presents the opportunity to provide further education on these factors, which could also allow for a focus to increase understanding if the Policy objectives outlined below:

· Provide clarity on the waste services offered to residents

· Provide clarity on the use of council’s waste facilities

Financial and Economic Implications

It was estimated that the trial would increase costs for domestic waste services by approximately $274,298 for the waste collection contract and levy fees for 2024-2025. An updated summary of costs incurred from the 2024-2025 summer trial is outlined below:

Item	Cost
Advertising	$6,160.00
Contract cost increases	$217,000.00
Audit fees	$81,678.00
Levy increase	$37,000.00
Total	$341,838.00

If it were to be decided that the red bin provision would be an ongoing commitment by Council, these costs would need to be passed on to users, or be absorbed by the Waste Fund. The latter would likely have long term strategic impacts on waste services, unless an increase to waste rates is applied based on a user pays principle.

As Council offers both weekly and fortnightly general waste collections, the established Contract has rates for this purpose. The collection rates are structured on a price per bin per collection frequency. Council is charged the applicable rate multiplied by the number of each bin type (fortnightly or weekly) that has been issued. Council is currently charged per bin on this basis regardless of it being presented for collection or not. Under the existing contract, collection rates are adjusted with Consumer Price Index quarterly and the number of bins is adjusted weekly to allow for waste service changes to be made, together with the addition of new waste services in our development and land release areas.

Under existing service options, residents are able to increase their general waste service frequency from fortnightly to weekly by contacting Council and paying for a bin changeover and an increase in waste rates. The 2024-2025 change of service fee is a one-off fee of $64, and the relevant Annual Excess Service charge for a 240L bin collected weekly is $818.17 compared to the Standard Service charge (240L - fortnightly pick up) of $553.63.

If audit costs are excluded, to cover the cost of offering a weekly service for a fixed period over summer (excluding any additional administrative costs) would be approximately an additional $9 per household per extra collection for those who currently receive a fortnightly red (general) waste service.

Attachments

1. Weekly Red Bin Trial - Bin Audit Report

Policy Objectives	Officer’s Comment
Meeting the current and future demands created by the development for new or improved public infrastructure, amenities or services.	The letter of offer aims to establish a planning agreement framework for upgrading the road. This upgrade is designed to meet the demands of the proposed development and accommodate future growth. Additionally, it will enhance public infrastructure for the community.
Meeting specific planning objectives of Council by providing public benefits identified in an adopted contributions plan or that achieve a Net Public Benefit.	The offer aligns with Council’s Local Strategic Planning Statement, specifically Planning Priority 12, which aims to develop a network of safe, accessible, and sustainable local transport options that connect key local destinations. This road upgrade will enhance safety and improve road connections. Additionally, the offer supports Council’s Living and Place Strategy, particularly Priority 1, which focuses on infrastructure that promotes sustainable growth.
Compensating for the loss of or damage to a public amenity, service, resource or asset resulting from a development through replacement, substitution, repair or regeneration of amenities, services or assets.	The offer seeks to provide a road infrastructure upgrade which is an upgrade and renewal of an existing Council asset.
Rectifying a deficiency in existing Public Facilities in the LGA.	It is considered that the current road condition is sub-optimal for the development and the road upgrade would rectify this deficiency. It is considered undesirable to limit this work to the component of the road that impacts the development. The agreement improves this road condition for both this development and for the part that is for material public benefit.
Providing for future and recurrent funding for public infrastructure, amenities and services with sustainable funding.	The offer does not include recurrent funding or maintenance support for the asset. It solely covers the funding for the capital upgrade.

Current Progress	CMP Stage	Expected Completion
Current Progress	CMP Stage	Lake Cathie / Bonny Hills	Hastings River Estuary	Camden Haven River Estuary	Open Coastline
ü	Stage 1	Complete
ð	Stage 2	2021 - 2025	2022 - 2025	2023 - 2025	2023 - 2025
	Stage 3 - 4	2025	2025	2025	2025
	Stage 5	2025+	2025+	2025+	2025+

Project	Grant Funding ($)	Council Contribution ($)	Total Estimated Project Cost ($)
Current Projects
Water Quality Improvement Strategy	200,001	100,000	300,001
Coastal Hazard Assessment & Coastal Vulnerability Assessment	108,000	54,000	162,000
Lake Cathie Entrance Management Strategy	82,800	85,950	168,750
TOTAL	390,801	239,950	630,751