FINAL Ordinary Council Agenda - 21 July 2016 · Tweed Heads commencing at 5.00pm . Council Meeting...

Mayor: Cr K Milne Councillors: G Bagnall (Deputy Mayor)

C Byrne B Longland W Polglase P Youngblutt

Agenda

Ordinary Council Meeting Thursday 21 July 2016

held at Harvard Room, Tweed Administration Building, Brett Street,

Tweed Heads commencing at 5.00pm

Council Meeting Date: Thursday 21 July 2016

COUNCIL'S CHARTER

Tweed Shire Council's charter comprises a set of principles that are to guide Council in the carrying out of its functions, in accordance with Section 8 of the

Local Government Act, 1993.

Tweed Shire Council has the following charter:

• to provide directly or on behalf of other levels of government, after due consultation, adequate, equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

• to exercise community leadership;

• to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;

• to promote and to provide and plan for the needs of children;

• to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;

• to have regard to the long term and cumulative effects of its decisions;

• to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;

• to facilitate the involvement of councillors, members of the public, users of facilities and services and council staff in the development, improvement and co-ordination of local government;

• to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;

• to keep the local community and the State government (and through it, the wider community) informed about its activities;

• to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the council is affected;

• to be a responsible employer.


Items for Consideration of Council: ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 7

1 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meetings held Thursday 16 June 2016

7

2 [CONMIN-EXT] Confirmation of Minutes of Extraordinary Council Meeting held Thursday 23 June 2016

9

3 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meetings held Thursday 7 July 2016

11

SCHEDULE OF OUTSTANDING RESOLUTIONS 13

4 [SOR-CM] Schedule of Outstanding Resolutions 13

MAYORAL MINUTE 16

5 [MM-CM] Mayoral Minute for June 2016 16

RECEIPT OF PETITIONS 19

6 [ROP-CM] Receipt of Petitions 19

REPORTS THROUGH THE GENERAL MANAGER 21

REPORTS FROM THE GENERAL MANAGER 21

7 [GM-CM] Destination Tweed Quarterly Report January to March 2016

21

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION 24

8 [PR-CM] Development Application DA16/0431 for the Use of Existing Shed at Lot 813 DP 32094 No. 79 Simpson Drive, Bilambil Heights

26

9 [PR-CM] Mooball Planning Agreement and Planning Proposal 39

10 [PR-CM] Development Application DA15/0828 for Three Townhouses at Lot 53 SP 91510 No. 53/77 Tamarind Avenue, Bogangar; SP 76700 & SP 79344 No. 77 Tamarind Avenue, Bogangar

49

11 [PR-CM] Filming on Private Land 125

REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES 131

12 [CNR-CM] Murwillumbah Mural and Graffiti Walk and River Bank Restoration

131

13 [CNR-CM] Private Land Conservation Program 135

14 [CNR-CM] RFO2016079 Tweed River Estuary Management Plan 2018-2028 Preparation

145


15 [CNR-CM] Frangela Reserve Flying-fox Camp Management 151

16 [CNR-CM] Concept Plans and Estimates - South Murwillumbah 155

17 [CNR-CM] Naming Trees in Parks 158

18 [CNR-CM] Provision of Surf Life Saving Services 2017 to 2021 161

19 [CNR-CM] Fingal Surf Life Saving Club 166

20 [CNR-CM] RFO2016073 Tweed Heads Library Upgrade 171

21 [CNR-CM] Tweed Heads Library Upgrade Budget 176

22 [CNR-CM] Tweed Regional Accessible Park and Playground Concept Plan for Public Exhibition

181

23 [CNR-CM] Withdrawal of Out of Hours Opening and Closing Fees - Banora Point Community Centre, Tweed Heads South HACC Hall and Activities Room

185

REPORTS FROM THE DIRECTOR ENGINEERING 188

24 [E-CM] Engagement of Consultant for Concept Design of the Raising of Clarrie Hall Dam

188

25 [E-CM] Regional Development Australia - Northern Rivers Funding 194

26 [E-CM] Provision of Water and Sewerage Services to Cobaki 214

27 [E-CM] Renaming of Bogong Street to Darro Road, Terranora 219

28 [E-CM] Naming of Private Road - Nunderi Lane, Nunderi 222

29 [E-CM] Street Naming - Rivendell Drive, Tweed Heads South 225

30 [E-CM] Bridge Naming - Tweed Valley Way, Burringbar 228

31 [E-CM] RFO2016046 Expressions of Interest (EOI) Kingscliff Foreshore Revitalisation

233

32 [E-CM] RFO2016054 Supply of Two (2) Wheel Loaders Operating Capacity 4,000Kg > 5,000Kg CCF Class 4 Complete with Attachments

241

33 [E-CM] RFO2016062 Kerb and Gutter Works (Panel of Providers) 246

34 [E-CM] Amendments to Developer Contribution Plans to facilitate Business Investment Policy

251

35 [E-CM] Annual Indexation of Infrastructure Contribution Rates 261

36 [E-CM] Response to Notice of Motion - Western Drainage Scheme 268

37 [E-CM] Acquisition of Easement for Rock Anchors by Roads and Maritime Services within Council Land at Banora Point

277

38 [E-CM] Bob Whittle Airfield, Murwillumbah - Licence to Shoobridge Transport

281


REPORTS FROM THE DIRECTOR CORPORATE SERVICES 285

39 [CS-CM] Local Government Reforms - Fit for the Future Update 285

40 [CS-CM] Events Sponsorship Policy, Version 1.0 292

41 [CS-CM] Applications for 2016/2017 Events Sponsorship - Events Sponsorship Policy (formerly Festivals and Events Policy)

296

42 [CS-CM] 2016/2017 Annual Loan Borrowing Program 304

43 [CS-CM] 2016/2017 Making the Rate 307

44 [CS-CM] Monthly Investment and Section 94 Development Contribution Report for Period ending 30 June 2016

316

ORDERS OF THE DAY 333

45 [NOM[ Draft Kingscliff Locality Plan Height Limits and Green Space 333

46 [NOM] Street Trees under Power Lines 337

47 [NOM] Sand Street, Chinderah 339

48 [NOM] Land and Property Service (LPI) 341

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS 343

49 [SUB-TSYC] Minutes of the Tweed Shire Youth Council Meeting held Wednesday 25 May 2016

343

50 [SUB-ADC] Minutes of the Tweed Shire Australia Day Committee Meeting held Wednesday 25 May 2016

350

51 [SUB-TRC] Minutes of the Tweed River Committee Meeting held Wednesday 8 June 2016

356

52 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 9 June 2016

362

53 [SUB-EAC] Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 June 2016

372

54 [SUB-FMC] Minutes of the Floodplain Management Committee held Friday 24 June 2016

377

CONFIDENTIAL ITEMS FOR CONSIDERATION 385

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE 385

REPORTS FROM THE GENERAL MANAGER IN COMMITTEE 385

C1 [GM-CM] Proposed Enterprise Agreement to Reduce Vested Sick Leave Entitlements

385

REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE 386

C2 [PR-CM] Tanglewood Private Sewage Scheme 386

REPORTS FROM THE DIRECTOR ENGINEERING IN COMMITTEE 387


C3 [E-CM] Clarrie Hall Dam - Land Acquisition - 141 Lone Pine Road, Doon Doon

387

C4 [E-CM] Tweed Southern Boatharbour Licences - Charter Operator 388

C5 [E-CM] Acquisition of Land for Road - Broadwater Parkway - Area E Terranora

389


CONFIRMATION OF MINUTES

1 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meetings held Thursday 16 June 2016

SUBMITTED BY: Corporate Governance

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the

community

The Minutes of the Ordinary and Confidential Council Meeting held Thursday 16 June 2016 are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 16

June 2016 be adopted as a true and accurate record of proceedings of that meeting.

2. ATTACHMENT 2 is CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (f) matters affecting the security of the council, councillors, council staff or council

property.


REPORT:

As per Summary. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice Version 2.5. b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting). Attachment 1 Minutes of the Ordinary Council Meeting held Thursday 16

June 2016 (ECM 4103347) (Confidential) Attachment 2 Minutes of the Confidential Council Meeting held Thursday

16 June 2016 (ECM 4103345).

http://www.tweed.nsw.gov.au/


2 [CONMIN-EXT] Confirmation of Minutes of Extraordinary Council Meeting held Thursday 23 June 2016


LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership

1.2 Improve decision making by engaging stakeholders and taking into account community input

1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the community

The Minutes of the Extraordinary Council Meeting held Thursday 23 June 2016 are attached for information and adoption by Council. RECOMMENDATION:

That the Minutes of the Extraordinary Council Meetings held Thursday 23 June 2016 be adopted as a true and accurate record of proceedings of that meeting.


REPORT:



June 2016 (ECM4113099).



3 [CONMIN-CM] Confirmation of Minutes of Ordinary and Confidential Council Meetings held Thursday 7 July 2016




1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the community

The Minutes of the Ordinary and Confidential Council Meetings held Thursday 7 July 2016 are attached for information and adoption by Council. RECOMMENDATION:

That: 1. The Minutes of the Ordinary and Confidential Council Meetings held Thursday 7

July 2016 be adopted as a true and accurate record of proceedings of that meeting.


Local Government Act 1993, because it contains:- (f) matters affecting the security of the council, councillors, council staff or council

property.


REPORT:



July 2016 (ECM4132449) (Confidential) Attachment 2 Minutes of the Confidential Council Meeting held Thursday

7 July 2016 (ECM4132455)



SCHEDULE OF OUTSTANDING RESOLUTIONS

4 [SOR-CM] Schedule of Outstanding Resolutions



1.2.1 Council will be underpinned by good governance and transparency in its decision making process

CODE OF MEETING PRACTICE: Section 2.8 Outstanding Resolutions No debate is to be allowed on Outstanding Resolutions. Any changes to or debate on Outstanding Resolutions should only be by way of a Notice of Motion or a report to Council. 19 SEPTEMBER 2013 ORDERS OF THE DAY 4 [NOM-Cr B Longland] Aboriginal Employment Strategy NOTICE OF MOTION: 532 Cr B Longland Cr K Milne RESOLVED that an Aboriginal Employment Strategy be developed as part of Council's Equal Employment Opportunity Management Plan which sets appropriate targets for Aboriginal employment participation in the organisation and includes annual reporting against these targets. The Aboriginal Employment Strategy should also be included as an element of the yet to be developed Reconciliation Action Plan. Current Status: The Reconciliation Action Plan (RAP) is currently in draft form and the

Director Corporate Services and Director Community and Natural Resources are championing the process internally to provide input into the RAP, including establishing a specific internal working group. The Reconciliation Action Plan (RAP) is an operational commitment and as such there will be a range of operational projects, including the employment strategy implemented as part of the RAP.


Terms of Reference for the internal workshop group are currently being developed. Reconciliation Australia will be requested to assist with workshops with staff early in 2016 to explain the purpose of the Reconciliation Action Plan (RAP) and how staff can become involved. A Council workshop was held on 26 May 2016. The RAP will be finalised through the Executive Management Team and reported to Council for information by the end June 2016

16 JULY 2015 ORDERS OF THE DAY 31 [NOM] Parking Requirements for Small Businesses

408

Cr K Milne Cr P Youngblutt RESOLVED that Council brings forward a report on the issue of Council's requirements for parking for development approvals for new small business and intensified use of existing, or change of use, small business approvals, including but not limited to: a) Council's current requirements and the justification for these requirements,

b) The potential for these requirements to act as a disincentive for new or expanding small businesses,

c) Comparison of Council's requirements with other similar growth Councils requirements,

d) Options to alleviate the impost on small businesses such as eliminating, reducing or providing deferred payments,

e) Options to address the implications for Council or the community from the above. Current Status: This requires a comprehensive amount of investigation and work and

sits behind current priorities including Tweed Road Development Strategy - Traffic Study, which will inform the Tweed Road Contribution Plan and a revision of Development Control Plan (DCP), Section A5 - Subdivision Manual.


17 SEPTEMBER 2015 38 [NOM] Improving Community Consultation 519 Cr K Milne Cr G Bagnall RESOLVED that this item be deferred to a future Council meeting to allow the appropriate technology changes to be appraised:

On the Council website, when an item is loaded for ‘On Exhibition’, to add in a field in for Anticipated Council Determination Meeting (if known): (with a supporting disclaimer that dates may change at any time without notice).

Current Status: Awaiting the return of the Mayor to enable discussion to be held in

relation to the intent of this Motion.

17 MARCH 2016 36 [NOM] Story Tiled Walls at our Libraries

148

Cr C Byrne Cr W Polglase RESOLVED that Council brings back a brief report to a future meeting with respect to the possibility of providing story walls though the sale of personalised tiles (or similar) at our newly refurbished libraries at Murwillumbah and Tweed Heads. Current Status: Advice from Richmond Tweed Regional Library being sought and

following receipt of advice a report will be presented to Council for consideration at a future Council Meeting.


MAYORAL MINUTE

5 [MM-CM] Mayoral Minute for June 2016 SUBMITTED BY: Cr K Milne, Mayor Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the community

Councillors

COMMITTEE MEETINGS Attended by the Mayor The Mayor was on approved leave of absence until 23 June 2016. 24 June Floodplain Management Committee – Mt Warning Room,

Murwillumbah Civic Centre, Tumbulgum Road, Murwillumbah

————————————— INVITATIONS / MAYORAL REPRESENTATION: Attended by the Mayor The Mayor was on approved leave of absence until 23 June 2016. 29 June Tweed River Terranora Lakes Oyster Farmers and Oceanwatch

Australia Tour – Catch-a-crab and Birds Bay Oyster Farm, Birds Bay Road, Tweed Heads West.

Attended by other Councillor(s) on behalf of the Mayor 3 June Headspace Tweed Heads First Birthday Celebration – Tweed Heads

Civic Centre, Corner Wharf and Brett Streets, Tweed Heads. Cr Longland attended.

11 June Official VIP Opening ‘Cooly Rocks On’ – The Beach House, 52 Marine Parade, Coolangatta QLD. Cr Longland attended.


14 June Meeting with NSW Minister for Tourism the Honourable Michael Ayers – House of Gabriel, 106 Riverside Drive, Tumbulgum. Crs Byrne and Polglase attended.

15 June Official Opening Murwillumbah Library and Civic Centre Entrance Upgrade – Tumbulgum Road, Murwillumbah. Crs Byrne and Longland attended.

16 June Family Centre Reconciliation Action Plan Launch – 1/14 Amber Road, Tweed Heads South. Cr Longland attended.

28 June Meeting with Minister of Planning the Honourable Robert Stokes – Kingscliff Bowls Club, 106 Marine Parade, Kingscliff. Crs Byrne and Polglase attended.

30 June Official Opening ‘Taste of Kingscliff and Tweed Coast’ – Peppers at Salt, Bells Boulevard, Kingscliff. Crs Byrne and Longland attended.

Inability to Attend by or on behalf of the Mayor All invitations were accepted by the Mayor or attended by another Councillor on her behalf.

————————————— REQUESTS FOR WORKSHOPS: Councillors did not request any additional workshops during June 2016.

————————————— CONFERENCES: Conferences attended by the Mayor and/or Councillors 19-22 June National General Assembly – Canberra ACT. Crs Byrne, Longland

and Polglase attended.

Information on Conferences to be held There was no information received on pending conferences during June 2016.

————————————— SIGNING OF DOCUMENTS BY THE MAYOR: 2 June Lease to George and Fuhrmann – Murwillumbah Saleyards

2 June Sub-Licence Agreement – Cudgen Creek Boardwalk with Owners Corporation SP 20277

—————————————


COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice Version 2.5. b. Budget/Long Term Financial Plan: Appropriate expenditure is allowed for attendance by Councillors at nominated conferences, training sessions and workshops. c. Legal: Not applicable. d. Communication/Engagement: Inform - We will keep you informed. RECOMMENDATION:

That the Mayoral Minute for the month of June 2016 be received and noted.

————————————— UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


RECEIPT OF PETITIONS

6 [ROP-CM] Receipt of Petitions SUBMITTED BY: Corporate Governance

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.2 Decisions made relating to the allocation of priorities will be in the long-term interests of the community

SUMMARY OF REPORT:

Under Section 1.5.4 Receipt of Petitions in the Code of Meeting Practice Version 2.5:

Petitions received by Councillors or forwarded to the (Acting) General Manager will be tabled as per the Order of Business, Item 11, Receipt of Petitions. Unless Council determines to consider it in conjunction with a report already listed on the agenda, no motion (other than a motion to receive the same) may be made on any petition until the next Ordinary Meeting after that at which it has been presented.

RECOMMENDATION:

That the following tabled Petition(s) be received and noted: • Petition from the Residents of Tweed Broadwater Village containing 159

signatories advising: "Cessation of Residents Hard Refuse Collection in Tweed Broadwater Village We the Residents of Tweed Broadwater Village recently contacted the Local Government Office of New South Wales, for advice on the above subject. It would appear, that as rate paying Home Owners, (albeit through Village Management), and receiving a weekly general refuse collection, we are entitled to the Bi-Annual collection of hard refuse by Tweed Council. We therefore respectfully request that the recent Council decision to stop the collection in Tweed Broadwater Village be rescinded. Your earliest response to this request would be appreciated."


REPORT:

As per Summary OPTIONS: That in accordance with Section 1.5.4 of the Code of Meeting Practice Version 2.5: 1. The tabled Petition(s) be considered in conjunction with an Item on the Agenda. 2. The tabled Petition(s) be received and noted. CONCLUSION: Any Petition tabled should be considered under Section 1.5.4 of the Code of Meeting Practice Version 2.5. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice Version 2.5. b. Budget/Long Term Financial Plan: Not Applicable. c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


REPORTS THROUGH THE GENERAL MANAGER

REPORTS FROM THE GENERAL MANAGER

7 [GM-CM] Destination Tweed Quarterly Report January to March 2016 SUBMITTED BY: Economic Development

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 3 Strengthening the Economy 3.1 Expand employment, tourism and education opportunities

SUMMARY OF REPORT:

As required by the current funding and performance agreement with Destination Tweed, a quarterly performance report and summary financial statement are to be provided for Council’s review. This report provides Destination Tweed’s quarterly reports for the quarter January to March 2016. RECOMMENDATION:

That Council: 1. Receives and notes the Destination Tweed's Quarterly report for the quarter

January to March 2016. 2. Endorses payment of the quarterly contract instalment in accordance with

contract AC2010-073 Provision of Services for Economic Development Tourism Promotion.

3 ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the

Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person

with whom the council is conducting (or proposes to conduct) business.


REPORT:

As required by the current funding and performance agreement with Destination Tweed, a quarterly performance report and summary financial statement are to be provided for Council’s review. This report provides Destination Tweed’s quarterly reports for the quarter 1 January to 31 March 2016. The quarterly report forms an attachment to this Council report due to size restrictions. OPTIONS: This report to Council presents the quarterly report from Destination Tweed which is required as part of their contract. 1. Receive and note this Quarterly Report – In receiving Destination Tweed's Quarterly

Report Council acknowledges the work performed by Destination Tweed and agree to process payment of the contract instalment in accordance with AC2010-073 Provision of Services for Economic Development Tourism Promotion contract; or

2. Do not receive and note this Quarterly Report - If Council is not satisfied with the

progress Destination Tweed has made in achieving the milestones identified in their funding contract and the agreed Business Attraction Marketing Strategy and the Tourism Marketing Strategy then it would be prudent to postpone the endorsement and commence discussions with the Board of Destination Tweed regarding the project.

CONCLUSION: It is recommended that Council receives and notes the quarterly report from Destination Tweed for the quarter January to March. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: This report is submitted by Destination Tweed along with their quarterly invoice for payment under the current funding agreement. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed.


UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. Destination Tweed Financial Statements as of March 2016 (ECM 4089085)

Attachment 2. Destination Tweed Quarterly Report to March 2016

(ECM 4089086)


REPORTS FROM THE DIRECTOR PLANNING AND REGULATION

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 - SECT 79C 79C Evaluation (1) Matters for consideration-general In determining a development application, a consent

authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

(a) the provisions of:

(i) any environmental planning instrument, and (ii) any proposed instrument that is or has been the subject of public

consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

(iii) any development control plan, and (iiia) any planning agreement that has been entered into under section 93F, or

any draft planning agreement that a developer has offered to enter into under section 93F, and

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979 ),

that apply to the land to which the development application relates,

(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) the suitability of the site for the development, (d) any submissions made in accordance with this Act or the regulations, (e) the public interest. Note: See section 75P (2) (a) for circumstances in which determination of development application to be generally consistent with approved concept plan for a project under Part 3A. The consent authority is not required to take into consideration the likely impact of the development on biodiversity values if:

(a) the development is to be carried out on biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995 ), or

(b) a biobanking statement has been issued in respect of the development under Part 7A of the Threatened Species Conservation Act 1995 .


(2) Compliance with non-discretionary development standards-development other than complying development If an environmental planning instrument or a regulation contains non-discretionary development standards and development, not being complying development, the subject of a development application complies with those standards, the consent authority:

(a) is not entitled to take those standards into further consideration in determining the

development application, and (b) must not refuse the application on the ground that the development does not

comply with those standards, and (c) must not impose a condition of consent that has the same, or substantially the

same, effect as those standards but is more onerous than those standards, and the discretion of the consent authority under this section and section 80 is limited accordingly.

(3) If an environmental planning instrument or a regulation contains non-discretionary

development standards and development the subject of a development application does not comply with those standards:

(a) subsection (2) does not apply and the discretion of the consent authority under

this section and section 80 is not limited as referred to in that subsection, and (b) a provision of an environmental planning instrument that allows flexibility in the

application of a development standard may be applied to the non-discretionary development standard.

Note: The application of non-discretionary development standards to complying development is dealt with in section 85A (3) and (4).

(4) Consent where an accreditation is in force A consent authority must not refuse to grant

consent to development on the ground that any building product or system relating to the development does not comply with a requirement of the Building Code of Australia if the building product or system is accredited in respect of that requirement in accordance with the regulations.

(5) A consent authority and an employee of a consent authority do not incur any liability as

a consequence of acting in accordance with subsection (4). (6) Definitions In this section:

(a) reference to development extends to include a reference to the building, work, use or land proposed to be erected, carried out, undertaken or subdivided, respectively, pursuant to the grant of consent to a development application, and

(b) "non-discretionary development standards" means development standards that are identified in an environmental planning instrument or a regulation as non-discretionary development standards.


8 [PR-CM] Development Application DA16/0431 for the Use of Existing Shed at Lot 813 DP 32094 No. 79 Simpson Drive, Bilambil Heights

SUBMITTED BY: Building and Environmental Health

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.2 Improve decision making by engaging stakeholders and taking into account community input 1.2.1 Council will be underpinned by good governance and transparency in its decision making process

SUMMARY OF REPORT:

Council received a complaint regarding loss of views and unsightly appearance as a result of the construction of a green colour bond shed in the rear yard of the subject property. Council compliance offices visited the site on the 13th April 2016 which revealed that a green colour bond shed 7m x 4.2m x 3 metres high had been constructed in the rear yard of the subject property. The owner of the property advised Council officers that he was new to the area and relied on advice from the shed builder and believed the size of the shed did not require consent. As a result of discussion with Council’s Officers the owner of the property lodged a Development Application with Council for the “use” of the shed. The Development Application for the “Use” of the shed is now the subject of this report before Council’s for its determination. Had the owner sought approval before construction, then a shed of this size could have been approved as Complying Development by Council or Private Certifier under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 which means that it would not have been subject to any merit assessment. In respect of the assessment of the current DA, it is considered that the bulk and scale and siting of this shed will have minimal impact on the visual appearance or existing views of adjoining property owners, and is in keeping with Section A1 of Councils Development Control Plan (DCP) relating to outbuildings. It is therefore recommended that the “use” of the shed building be approved, subject to conditions. A separate building certificate will be required by the owner of the site to verify that the construction integrity of shed has the capacity to meet current BCA standards. It is also considered that, given the degree of cooperation provided by the owner in this compliance matter, no further compliance action be taken by Council at this stage.


RECOMMENDATION:

That Development Application DA16/0431 for the use of an existing shed at Lot 813 DP 32094 No. 79 Simpson Drive, Bilambil Heights be approved subject to the following conditions: GENERAL 1. The development shall be completed in accordance with the plans approved by

Council, except where varied by conditions of this consent. [GEN0015]

2. The issue of this Development Consent does not certify compliance with the relevant provisions of the Building Code of Australia.

[GEN0115]

3. The wall and roof cladding is to have low reflectivity where they would otherwise cause nuisance to the occupants of buildings with direct line of sight to the proposed building.

[DUR0245] USE 4. The use to be conducted so as not to cause disruption to the amenity of the

locality, particularly by way of the emission of noise, dust and odours or the like. [USE0125]

5. The building is not to be used for any habitable, commercial or industrial purpose without prior approval of Council.

[USE0455]


REPORT:

Applicant: Mr ER Smith Owner: Mr Edgar R Smith & Mrs Robyn L Smith Location: Lot 813 DP 32094 No. 79 Simpson Drive, Bilambil Heights Zoning: R2 - Low Density Residential Cost: $13,226 Background: Council received a complaint regarding loss of view, and unsightly appearance as a result of the construction of a green colour bond shed in the rear yard of the subject property. Council compliance offices visited the site on 13 April 2016 which revealed that a green colour bond shed 7.0m x 4.2m x 3.0 metres high had been constructed in the rear yard of the subject property. State Environmental Planning Policy (Exempt and Complying Development codes) 2008, allows for shed up to 20 square metres without out consent, the subject shed has a floor area of 29.4 square metres and therefore required consent. The owner of the subject property advised Council officers that he was new to the area and relied on advice from the shed builder and believed the size of the shed did not require approval at all. The owner of the property was advised that Council may consider the retention of the shed subject to a Development Application for the “use” of the shed and a Building Certificate application for the retention of the shed being lodged with Council. As part of the assessment process the application was notified to surrounding property owners, one objection was received to the proposal from the original complainant. The complaint was concerned that the shed was very large and offensive in colour and design and blocked existing view corridors over Tweed and Coolangatta. A site inspection of the complainant’s property revealed that the shed has blocked a portion of the distant coastal view from a kitchen window towards Tweed Heads. While the shed has affected the complainant’s coastal views, the NSW Land and Environment has released Planning Principles promoting view sharing, which restrict property owners from claiming any exclusive rights to views. The bulk and scale of the constructed shed is consistent with what could reasonably be anticipated for a shed on a residential property in the area, and does not totally restrict the district views from the complainant’s residence. While this application before Council is for the “use” of the shed, as it was constructed without out approval, had the owner obtained consent before construction, then a shed of this size could have been approved as Complying Development. Under the complying development requirements of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, a shed of up to 3.8 metre high with a floor area of 60 square metres can be built on a property of this size. The subject shed on the property is 3.2 metres high and has a floor area of 29.4 squares metres and could have been approved as Complying Development by Council or a Private certifier. Complying Development Certificates cannot be issued retrospectively for works already carried out. This has resulted in the need for a Development Application for the “use” of the shed and a Building Certificate for the retention of the shed being lodged with Council.


SITE DIAGRAM:


DEVELOPMENT/ELEVATION PLANS:


Photo of the shed in the back yard of the 79 Simpson Drive Bilambil Heights

Photo of the shed from the battle-axe driveway which separates the complainants' property at No 83 Simpson Drive and No 79 Simpson Drive Bilambil Heights


View from the complainants' Kitchen window at 83 Simpson Drive Bilambil Heights

Photo of Shed from the rear patio of the complainants' property at 83 Simpson Drive Bilambil Heights


Considerations under Section 79C of the Environmental Planning and Assessment Act 1979: (a) (i) The provisions of any environmental planning instrument

Tweed Local Environmental Plan 2014 Clause 1.2 – Aims of the Plan The proposal is consistent with the aims of the plan and is ancillary development to the residential dwelling on site. Clause 2.3 – Zone objectives and Land use table The proposal meets the objectives of this zone and the use of shed is permitted with consent. Clause 4.1 to 4.2A - Principal Development Standards (Subdivision) This application does not involve a subdivision. Clause 4.3 - Height of Buildings The proposed shed has a maximum height of 3.2 metres which is below the 9.0 metre height limit in the area. Clause 4.4 – Floor Space Ratio The proposal involves a non-habitable structure and therefore Floor Space Ratio is not applicable. Clause 4.6 - Exception to development standards There are no exceptions proposed to development standards. Clause 5.4 - Controls relating to miscellaneous permissible uses This application does not involve any miscellaneous permissible uses Clause 5.5 – Development within the Coastal Zone The subject site is not within the coastal zone. Clause 5.9 – Preservation of Trees or Vegetation This application does not involve the removal of any trees or vegetation prohibited under the TPO. Clause 5.10 - Heritage Conservation The site is not listed as a heritage item


Clause 5.11 - Bush fire hazard reduction The subject site is not listed as being bushfire affected. Clause 7.1 – Acid Sulfate Soils No impacts envisaged as the area is class 5 acid sulfate soils Clause 7.2 - Earthworks Minimal earth works have been carried out with the construction of the shed.. Clause 7.3 – Flood Planning The property is not mapped as flood affected land Clause 7.4 - Floodplain risk management As the site is not flood affected, no floodplain risk management is required. Clause 7.5 - Coastal risk planning The subject site is not within the coastal risk planning zone. Clause 7.6 - Stormwater Management It is considered that this proposal will minimise the impacts of urban stormwater on the subject site and adjoining properties, the applicant proposed to collect roof water from the shed in rain water tanks. Clause 7.8 – Airspace operations The proposed development is not considered to impact upon the operation of the Gold Coast Airport. Clause 7.9 - Development in areas subject to aircraft noise The proposal will not have any adverse impacts on the ongoing, safe and efficient operation of the airport, nor is it considered to require noise attenuation measures. Clause 7.10 - Essential Services All essential services are available and adequate. Other Specific Clauses None apparent


State Environmental Planning Policies SEPP (North Coast Regional Environmental Plan) 1988 No apparent SEPP’s impact on this development, with the exception of the Codes SEPP, which is addressed in detail in other sections of this report.

(a) (ii) The Provisions of any Draft Environmental Planning Instruments Not Applicable

(a) (iii) Development Control Plan (DCP) Tweed Development Control Plan A1-Residential and Tourist Development Code

Section A1 - Residential and Tourist Development Code The proposed development is consistent with the planning controls for residential development within the Tweed Development Control Plan Section A1 - Residential and Tourist Development Code, as per the following assessment against the relevant provisions: Design Theme: Context (Streetscape, views and vistas) The bulk and scale of the shed is consistent with the design guidelines of A1 for outbuildings. Whilst the shed has partially affected the complainant’s coastal views, there is little legal right to maintain an exclusive view across adjoining land. The bulk and scale of the shed is consistent with what could reasonably be anticipated for a shed on a residential property in the area. It should be noted that existing views from the small patio at the rear of the complainants’ dwelling remain largely unaffected by the shed. By comparison the subject shed also conforms with the State Government’s controls in the State Environmental Planning Policy (Exempt and Complying Development codes) 2008 which is not subject to any merit assessment. Design Theme: Site Design (Topography, Cut and Fill) The site is generally level and only minor earthworks works were carried out in the construction of the shed, resulting in no significant deviation from the natural form of the land. Design Theme: Site Design (Landscape, deep soil plant zones and external living areas) Location of the shed on the western side in the rear yard of the property appears not to have impacted on existing landscaped on the site and sufficient areas remain on the site for future landscaping. Design Theme: Building Envelope (Setbacks, heights and site coverage) The existing shed complies with all of the stated setbacks requirements, height requirements and site coverage requirements for outbuilding buildings on residential properties.


Design Theme: Building Design (Solar Access, ventilation, building form, visual and acoustic privacy, overshadowing and garages and car parking) The proposed development is consistent with the planning principles and controls for building design for outbuildings.

(a) (iv) Any Matters Prescribed by the Regulations No matters prescribed by regulation

(a) (v) Any coastal zone management plan (within the meaning of the Coastal Protection Act 1979), None that affect the proposal. Tweed Shire Coastline Management Plan 2005 Not applicable to this application. Tweed Coast Estuaries Management Plan 2013 The proposed development is not within Cudgen, Cudgera or Mooball Creeks. This Plan is therefore not applicable to the application. Coastal Zone Management Plan for Cobaki and Terranora Broadwater (adopted by Council at the 15 February 2011 meeting) As the subject site is not located within the Cobaki or Terranora Broadwater (within the Tweed Estuary), this Plan is not considered relevant to the proposed development.

(b) The likely impacts of the development and the environmental impacts on both the natural and built environments and social and economic impacts in the locality Context and Setting The shed is in keeping with the residential character and use of the area and is in keeping with the guidelines for outbuildings in section A1 of Council Development control plan. Access, Transport and Traffic The shed is located in the rear yard of the property and is not used for vehicle storage.

(c) Suitability of the site for the development Surrounding Landuses/Development The development is compatible with surrounding land uses being all residential.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1979%20AND%20no%3D13&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1979%20AND%20no%3D13&nohits=y


Flora and Fauna No apparent flora and fauna was impacted during the construction of the shed. Topography The site is basically flat with 3-4 % fall to the rear of the property. Minimal earthworks occurred in the construction of the shed. Site Orientation The shed is located in the rear yard of the property will not over shadow external living areas on the property.

(d) Any submissions made in accordance with the Act or Regulations The application was notified to surrounding property owners and one objection has been received, which has been considered previously in this report.

(e) Public interest The development will not prejudice the Public interest

OPTIONS: 1. Approve the Development Application for the “use” of the shed subject to conditions; or 2. Refuse the Development Application for the “use” of the shed, providing reasons for

this refusal, and that Council issue orders to demolish the shed. CONCLUSION: The Development Application for the “use” of the shed is considered a reasonable request as the bulk and scale of this shed is in keeping with the guidelines of section A1 of Council’s Development Control Plan relating to Outbuildings. Also in this instance it is sensible to acknowledge that had Complying Development approval been sought prior to construction, then the shed could have been approved without merit consideration. The “use” of the shed building is therefore recommended for approval subject to conditions. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: Not Applicable


c. Legal: The applicant has a right to appeal any determination made by Council in the NSW Land and Environment Court. d. Communication/Engagement: Not Applicable. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


9 [PR-CM] Mooball Planning Agreement and Planning Proposal SUBMITTED BY: Strategic Planning and Urban Design

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.5 Manage and plan for a balance between population growth, urban development and environmental protection and the retention of

economical viable agriculture land 1.5.2 Land use plans and development controls will be applied and regulated rigorously and consistently and consider the requirements of

development proponents, the natural environment and those in the community affected by the proposed development

SUMMARY OF REPORT:

This report details the public exhibition process for the Mooball Planning Agreement, which relates to the Mooball Planning Proposal. The Agreement is an enforceable contract made under s93F of the Environmental Planning and Assessment Act 1979 between the ‘developer’ and the Council with the purpose of detailing the project commitments and developer obligations, as made by the Proponent and agreed by the Council. The making of the Agreement marks a significant milestone for this proposal, as it is the final step in the process before the Plan is referred to the Department of Planning and Environment to be made. The Agreement was publically exhibited from 18 May 2016 to 17 June 2016, and 4 public submissions were received. The submissions received raised matters including the access and buffer to Lot B, land contamination concerns, delivery and security of water infrastructure, flooding, rural character and community consultation. The specifics of all submissions are discussed in the report, which concludes that no further drafting of the Agreement is warranted. It is recommended that the Agreement be approved and executed by the General Manager, following which it is to be registered on the Land’s Title. RECOMMENDATION:

That Council: 1. Receives and notes the review of public submissions contained in this report;


2. Endorses the exhibited Mooball Planning Agreement, and grant delegated authority to the General Manager to execute the Agreement at the earliest time; and

3. Further supports that the executed Planning Agreement and the Mooball

Planning Proposal be forwarded to the Department of Planning and Environment requesting that the Tweed Local Environmental Plan Amendment No.3 ‘Mooball’ be made.


REPORT:

The purpose of this report is to detail the public exhibition of the s93F Mooball Planning Agreement (MPA) prepared in association with the Mooball Planning Proposal (MPP), and which makes provisions for the Applicant’s development commitments, as represented to and previously accepted by Council. Planning agreements are a voluntary agreement, or other arrangement between a planning authority and a person, the commitments to which are enforceable at law; they are a contract between the relevant parties detailing respective obligations and undertakings; and may include by way of example: commitments to pay contributions, dedication of land, building of infrastructure, environmental protection and restoration or the like. They also have the ability and legal effect to prevent the lodgement of development applications for specified uses or prior to a precondition first being met, and can have perpetual application against the land or landowner through registration of the agreement on the land’s title. They are a commonly used planning tool among NSW Councils and have enabled planning decisions to be made with a higher degree of certainty over the outcome and in cases where decisions to support planning projects might not have otherwise been made. They do however have their limitations; their terms must relate to or have a nexus with the subject matter of the planning proposal and outcome, they must be for a public benefit, but not to the extent that they are used as a tool for facilitating or enforcing matters that are otherwise private civil matters between individuals or classes of individuals, including landowners. In this instance, the MPA has been prepared to capture a number of these elements; and they represent the commitments of the Applicant to the Council to do or refrain from doing certain things, and includes among others: • that wastewater services are to be provided by the developer under the private

scheme established under the Water Industry Competition Act 2006 – regulated by the Independent Pricing and Regulatory Tribunal (IPART);

• potable water supply infrastructure is to be constructed by the developer and dedicated to Council;

• Aboriginal Cultural Heritage testing, and additional flood/hydraulic investigations, bushfire and geotechnical reports to be undertaken prior to lodging a development application;

• establishment of buffer area to the ‘Chapman’s land’ (Lot B) and the ‘Sharpe’s land’; • development design guidelines that must be satisfied before a development application

can be lawfully lodged; • imposition of maximum floor space ratio provisions; • payment of monetary contributions; and • registration of land Title for current and future land parcels. On 10 September 2015 an initial draft MPA was submitted to Council by the proponent, and with the legal drafting assistance and expertise of Council’s solicitors, Council officers liaised with Planit Consulting Pty Ltd (Proponent) through various iterations and to a point where the draft MPA adequately captured the commitments given to Council. The final draft was workshopped with Tweed Councillors on 28 April 2016 ahead of its public exhibition. The formal public exhibition of the draft MPA occurred between 18 May and 17 June 2016, during which four submissions were received. The issues detailed within the submissions along with the officers’ assessment are described in the table below.


Issue: Buffer Zone to Lot B Concern was raised that the prescribed 50 metre buffer zone to Lot B would result in the livestock husbandry of Lot B being interfered by noise/nuisance complaints, requiring them to undertake measures such as boxing their fowl (birds). The submission requests that to address the potential land use interface issues that: 1. the buffer be extended to a minimum 75 metres, 2. the Planning Agreement stipulate that Lot B is used for other agricultural

pursuits and may not be amenable to a Noise Abatement Direction or Order, a Noise Control Notice or a Prevention Notice by Council, and

3. Council notify intending land owners of potential noise by way of a section 149

certificate issued pursuant to section 149(5) of the Environmental Planning and Assessment Act 1979.

Planning Comment: Following further discussion with Council’s solicitors it is concluded that the MPA provisions, as exhibited are consistent with commitments accepted by Council. It was also noted that the MPA is to be registered on the Land’s Title and therefore it is not necessary to amend the s149 processes and mapping specifically for this site. That said, a project of mapping all planning agreements across the Shire and including a notice within s149(5) has been identified and will be pursued as a separate matter. This will add the additional layer of notification in due course. These matters were raised with the Proponent and in reply stated that:

‘the proponents wish to keep the VPA in its current form. We think that the current VPA, which was prepared with the benefit of extensive review and input by the parties, achieved a fair and reasonable balance in respect of the matters raised in the four public submissions’

‘the requirement for additional buffering to Lot B was patently unreasonable’

Action: Without further commitment of the Proponent no further drafting amendments are

considered warranted, as the provisions reflect the commitments previously accepted by Council, and those resolved at the Council Planning Committee Meeting of 6 August 2015.

Issue: Tree Preservation A request was made to ensure the preservation of 1 pine and 3 cedar trees within and bordering the buffer zone to Lot B. Planning Comment: The adjoining landowner is seeking to leverage further benefit above that previously agreed by the Proponent, the latter commenting only that they consider the draft MPA has :



Action: Without further commitment of the Proponent no further drafting amendments are considered warranted.

Issue: Sewerage The owners of Lot B have sought that the developer provides sewerage to the boundary of Lot B, unless such connection is provided by Council. Planning Comment: The Proponent has stated: There is no legal requirement for the proponent to commit or be required to provide a reticulated sewer connection to Lot B. There is likewise no requirement for Council to provide that connection on private land either. If there were to be a requirement arising on the proponent it will likely occur at the development application stage for subdivision if the provision of a connection at the boundary is considered necessary or essential based on the specifics of that application. It is not appropriate to impose an additional cost burden on the proponent or for Council to wear that cost without proper justification. The Proponent advised that:


Action: Without further commitment of the Proponent no further drafting amendments are

considered warranted. Issue: Pesticides and Contamination Concern was raised regarding the potential for airborne pesticides during the earthworks stage of construction. Concern was detailed that Council has failed to address the extremely significant requirements for soil contamination testing. Specifically, Council has been made aware of the use of banana growing chemicals and Black Sand Radiation issues, on and adjacent to, the property for the Proposed Development. Concern reiterated the need to include Soil Contamination studies and all the other pre-DA investigations studies be done prior to proceeding with PP 10/0007 being exhibited with the Deed being amended. Planning Comment: Clause 6 of State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55) provides the primary heads of consideration in zoning and rezoning proposals. These provisions were considered during the preparation of the Planning Proposal and Clause 6 was deemed to have been satisfied. Clause 7 of SEPP 55 provides the next layer of heads of consideration, applicable to the development application assessment process. Future assessment of this issue will necessitate a greater level of site investigation, and will be informed with an actual subdivision and earthworks proposal, unlike at the strategic planning level. The Proponent provided no further comment above that described above. Action: No further drafting amendments are considered warranted.


Issue: Access to Lot B Submissions received detailed a desire to augment the Planning Agreement to include that the right of way benefitting Lot B is to be maintained in a serviceable condition by the Landowner and to ensure that at no point during construction will the right of way be impeded. Planning Comment: The proponent’s existing commitment (being the commitment beyond the right of way already prescribed on the deposited plan) is that the right of way is not to form part of the road network servicing new lots in the future development. The owners of Lot B enjoy a legal right of access over their neighbours land but no other rights arise without the agreement of the Landowner, and the Proponent has not committed to further those rights. The Proponent provided no further comment above that described above. Action: Without further commitment of the Proponent no further drafting amendments are

considered warranted. Issue: Water Infrastructure Concern was raised that the Planning Agreement prescribed 12 month defect-liability period of the developer for works done under the deed was insufficient for works of a scale and importance as water infrastructure. The submission requests the defect-liability be extended to 5 years to fully test if this infrastructure will operate successfully with the load and environmental conditions it is exposed to. Planning Comment: Council’s Water Unit have reviewed this matter and advise that the MPA requirement of a 12 month defect liability period is already in excess of normal practice, being a defects liability period of six months (commencing from the date of registration of the subdivision). Further, having the 12 month defect-liability period in the agreement is in addition to the requirements of the Water Industry Competition Act under which the scheme is to be licenced; Council is not the consent authority nor will be it be the owner or operator of this scheme. The Proponent provided no further comment above that described above. Action: No further drafting amendments are considered warranted. Issue: Rezoning should infrastructure not be provided Concern was raised that the clause allowing council to back zone the land if the agreed works are not carried out (clause 15.2) needs to include a limitation on the liability of council to compensatory measures for the (then) current landowner or developer in order to protect existing ratepayers. Planning Comment: NSW planning legislation regulating the zoning and rezoning of land does not contain provisions for a landowner to seek compensation as part of or incidental to a rezoning lawfully made the relevant Minister. The law does allow for judicial review; that is for the courts to review the lawfulness of decisions of administrative decision makers under certain circumstances and may provide an applicant with some form of relief. It is possible that the planning legislation regulating ‘rezoning’ has been confused with the provisions and ambit of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) in respect of this issue.


Clause 15 ‘Rezoning of Land’ within the MPA clearly establishes a trigger for when Council may rezone the land. As already mentioned this does not trigger compensation, what in effect it does do is establish a very clear point of commercial risk for the landowner or developer. The Proponent provided no further comment above that described above. Action: Without further commitment of the Proponent no further drafting amendments are

considered warranted. Issue: Lot Size and Floor Space Ratio Assurance was sort from Councils’ lawyers that no part of the deed stops Council being able to refuse a certain housing density or lot size because it is permitted by the zoning allowable under the rezoning application if further flooding, land contamination reports or geotechnical assessments provide information that reasonably limit the provision of certain lot sizes or floor space ratios. Planning Comment: It is useful to consider the MPA as akin to an LEP; it similarly provides standards at various levels and sets parameters for development that are ultimately tested against, among others, the mandatory ‘merit’ provisions of s79C of the Environmental Planning and Assessment Act 1979. Whether a future proposal is therefore deemed acceptable will be subject to the scrutiny and determination of it on the merits of the case. There is nothing preventing an applicant however to seek further amendment to the Tweed LEP or the MPA to vary a prescribed standard; this would be subject to due process. The Proponent provided no further comment above that described above. Action: No further drafting amendments are considered warranted. Issue: Flood Impact Assessment Urgent attention was requested to the need for a proper flood mitigation investigation for the Mooball community, including the suggested clearing of drains and vegetation in the creek system. Concern was raised that with no town/street gutters result in greater impact on the houses and land along with the small creek at the back of our properties, potentially magnified if there was a development on land fill behind. Further, it was requested Council stops further progressing PP10/0007 until the flooding and other issues are addressed properly, and if not, Council and the Developers may be responsible for environmental and planning negligence. Planning Comment: Flooding constraints and investigations relating to the MPP have been detailed in several previous Council reports, concluding with Council’s resolution of 6 August 2015, which prescribed the pre-DA investigation provisions be contained within the MPA. Council officers are satisfied that the MPA as exhibited reflects the commitment of the proponent and Council’s resolution in this regard. The Proponent provided no further comment above that described above. Action: No further drafting amendments are considered warranted.


Issue: Consultation, community involvement and rural character Submissions we received detailing disappointment that the council would consider a development that would not change our small village drastically and implored the council to reconsider the rezoning and this development due to negative impact on the existing village. Concern was raised that at no point has council considered the concerns in the submissions or from meetings provided to Council by residents, instead council has chosen to progress this proposed development with the developers with no due diligence or consideration of the existing community. Continued support for largely lot sizes, (i.e. the Council officer recommended minimum size of 700m2) was detailed in view of the many concerning factors known to both council and the community, especially the obvious lack of infrastructure in the village of Mooball to support a high density development. Specifically to the PA, concern was raised that yet again the PA shows little if any input from the Mooball Community and that at no stage have the developers met with the community to hear their concerns. A submission detailed that the Mooball community has grave concerns with how Council has acted in regard to this development, namely its full involvement with the developers and the exclusion of the community, ignoring our concerns, possible conflicts of interest and misinformation being sent to Planning NSW. Planning Comment: As discussed previously, the MPA is a legally binding contract that details the proponents’ commitments to Council. Accordingly, whilst it may have been beneficial for the proponent to meet with members of the Mooball community, there is no requirement to do so. Ultimately the MPA is between the Proponent and Council, it has detailed the level of commitments both made and accepted. The concerns raised by the community in relation to, among others, lot size, village character, and density where raised with and considered by the Council on several occasions. The MPA as exhibited is a reflection of the Council’s resolutions to proceed. The Proponent provided no further comment above that described above. Action: Without further commitment of the Proponent no further drafting amendments are

considered warranted. Mooball Planning Proposal At its meeting of 6 August 2015, Council resolved, as follows:

"1. The concept layout plan prepared by the proponents and exhibited be acknowledged as conceptual only and that any future development application be based upon the detailed assessments outlined in point 4 below.

2. A public hearing under Section 57(5) of the Environmental Planning &

Assessment Act 1979 not be held in relation to the issues raised by way of submission as the issues are not of such significance to warrant a public hearing.


3. The Planning Proposal be amended to incorporate the recommendations detailed within table 3 of this report (recommended post exhibition Planning Proposal amendments), with the exception of items 1, 3 & 7.

4. The additional studies and information referred to in item 3 and 6 of the Council

resolution of the meeting of 21 November 2013 relating to further detailed site investigations and provisions relating to Lot B are not required as part of this Planning Proposal, and all commitments of the proponent made in relation to Lot B are to be contained in a legally enforceable Voluntary Planning Agreement (VPA) as detailed in item 5 of Table 3 to this report. In addition, the proponents must also include within the VPA a commitment to undertake detailed flooding, geotechnical and bushfire assessments as part of any future development application to the satisfaction of Council before any development can be approved.

5. Following satisfactory completion of a Draft VPA referred to in Point 4, Council

will proceed to finalise the Planning Proposal and refer it to the Minister for Planning & Environment in accordance with Section 58(2) of the Environmental Planning & Assessment Act 1979 for their determination.

6. Council proceeds to assist the proponent, where necessary, to finalise the Draft

VPA and proceed to publicly exhibit the Draft Agreement for 28 days in accordance with Section 93(g) of the Environmental Planning & Assessment Act 1979, following which the VPA will be formally determined.

7. The commitments given to Council at the Councillor's workshop of 11 June 2015

by the proponents in regard to providing detailed guidelines on housing typology, materials, landscaping and architectural stylistic or character features that are representative of the local area are to be also incorporated within their VPA."

By way of update:

• Points 1 and 2 of the resolution have been noted by the assessing officers. • Points 3 and 6 have been actioned by way of correspondence with the NSW

Department of Planning & Environment dated 21 January 2016. • Points 4, 5 and 7 have been actioned and discussed elsewhere within this report.

Should Council resolve to endorse and facilitate the making of the MPA, as exhibited and attached, the only remaining task to complete the Mooball Planning Proposal is to formally request the Secretary of the Department of Planning and Environment to make arrangements for the drafting of any required local environmental plan to give effect to the MPP (as detailed within section 59 of the Environmental Planning and Assessment Act 1979). The subsequent making of the Plan by the DP&E would conclude this LEP amendment, which has been on foot since December 2010. OPTIONS: 1. Endorse the recommendation of this report, being to pursue the necessary actions to

make the Mooball Planning Agreement and Mooball Planning Proposal, or


2. Resolve per Option 1 above and provide details of any further drafting amendments to be made to the Mooball Planning Agreement prior to it being forwarded to the Secretary for plan making, or

3. Not proceed with the Mooball Planning Agreement. On the information available, including standing resolutions of the Council, the officers recommend Option 1. Proceeding with Option 3, given these standing resolutions to proceed with the rezoning subject only to the MPA, would create much uncertainty as to what may subsequently occur. This situation would be akin to the matter that arose with the planning proposal (PP12/0001) for 420-434 Terranora Road., In that case the matters for a rezoning where adequately addressed and reported to Council however, the resolution was not to proceed with it owing to concern about scenic impact. The consequence in that instance was the DP&E calling-in the proposal for its own final making of the planning agreement and plan. CONCLUSION: Having regard to the matters raised and addressed in this report, the officers are of the view that the Mooball Planning Agreement reflects the commitments given by the Proponent and accepted by the Council and as such is satisfactory. Should those issue raised by the community raise concern for Council it is recommended that these be clearly detailed to enable further and clear communication of the issues with the Proponent, and to assist any subsequent negotiation. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: Not Applicable c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Attachment 1. Mooball Planning Agreement (ECM 4121891)


10 [PR-CM] Development Application DA15/0828 for Three Townhouses at Lot 53 SP 91510 No. 53/77 Tamarind Avenue, Bogangar; SP 76700 & SP 79344 No. 77 Tamarind Avenue, Bogangar

SUBMITTED BY: Development Assessment and Compliance

Validms


SUMMARY OF REPORT:

Updated Information Council at its Planning Committee meeting of 7 July 2016 recommended as follows:

"RECOMMENDED that this item be deferred for a workshop and be reported back to the Planning Committee meeting of 4 August 2016.”

This item was deferred in part to enable the review of the previous approved development D87/0874 and to determine whether the development proposed under this application would have less of an impact than those previously approved on the site. A workshop is scheduled for 14 July 2016 and this item has been brought forward for consideration at 21 July 2016 Council Meeting following the workshop. In this regard, the D87/0874 development consent plans have been included under separate cover as part of this report. The relevant site and building plans have been reproduced below:


D87/0874 Approved Site Plan & North Elevation


Further to this, the individual building elevation drawings for the 10 Unit, part three storey/part two storey development to be located to the same general area as the development proposed under DA15/0828 has been reproduced below:

D87/0874 Approved Rear (South) & Side Elevations


D87/0874 Approved Front (North) % Side Elevations

From review of the approved development on site, it is considered that D87/0874 provides for a 10 Unit development with a maximum height of approximately 12m. This would be a larger single continuous building rather than the three detached townhouses proposed under DA15/0828. Council records have indicated that D87/0874 has physically commenced and therefore this development could be pursued by the proponent. In the event that DA15/0828 is approved it is considered that Council could require (via a condition of consent) that Development Consent D87/0874 be amended through a notice of modification in accordance with Clause 97 of the Environmental Planning & Assessment Regulation 2000 which would remove reference to any development/units located on land to which this application relates. Such a condition could be worded as follows: 29.1 Pursuant to Section 80A(1)(B) of the Environmental Planning and Assessment Act,

1979 (as amended) and Clause 97 of the Environmental Planning and Assessment Regulations, 2000 Development Consent No. D87/0874 dated 14 December 1988 (as amended) shall be modified to remove reference to any development/units located on land to which the three townhouses approved under this consent relates by lodgement


of the prescribed information suitably executed, PRIOR to the issue of a Construction Certificate.

Original Report Council is in receipt of a development application that proposes construction of three townhouses at No. 77 Tamarind Avenue, Bogangar. Each townhouse is a detached two storey structure with a maximum height of 7.3m and covering a gross floor area (excluding garages and non-habitable spaces etc.) of approximately 86m2.

Perspective Drawings of development

The subject application was placed on public exhibition for a period of 14 days, during which time 20 submissions were received, two of which were subsequently retracted. The issues raised in these are addressed elsewhere in this report. Internally, the proposal was reviewed by Tweed Shire Council officers in the Building, Environmental Health, Development Engineering, Water and Wastewater and Natural Resource Management Units as well as by Council’s Flooding and Stormwater Engineer. Approval of the application is recommended by these Units subject to the imposition of conditions on any consent issued. Externally, the application was referred to NSW Rural Fire Service who have also provided recommended conditions of consent. This development application is referred to elected Council for determination given the extent of public submissions received objecting to the proposal. The proposed development is recommended for conditional approval. RECOMMENDATION:

That Development Application DA15/0828 for three townhouses at Lot 53 SP 91510 No. 53/77 Tamarind Avenue, SP 76700 & SP 79344 No. 77 Tamarind Avenue, Bogangar be approved subject to the following conditions:


GENERAL 1. The development shall be completed in accordance with the Statement of

Environmental Effects and the following plans: • Site Plan - Ground Floor (Drawing No. DA-02) prepared by Scott Carpenter

and dated 2 March 2016; • Site Plan - First Floor (Drawing No. DA-03) prepared by Scott Carpenter and

dated 2 March 2016; • Unit 1 & 2 Town House Plans (Drawing No. DA-04) prepared by Scott

Carpenter and dated 2 March 2016; • Unit 3 Town House Plans (Drawing No. DA-05) prepared by Scott Carpenter

and dated 2 March 2016; • Section A-A (Drawing No. DA-06) prepared by Scott Carpenter and dated 2

March 2016; • North & East Elevations Units 1 & 2 (Drawing No. DA-07) prepared by Scott

Carpenter and dated 2 March 2016; • South & West Elevations Units 1 & 2 (Drawing No. DA-08) prepared by Scott

Carpenter and dated 2 March 2016; • North & East Elevations Units 3 (Drawing No. DA-09) prepared by Scott

Carpenter and dated 2 March 2016; and • South & West Elevations Units 3 (Drawing No. DA-10) prepared by Scott

Carpenter and dated 2 March 2016, except where varied by the conditions of this consent.

[GEN0005]

2. The issue of this Development Consent does not certify compliance with the

relevant provisions of the Building Code of Australia. [GEN0115]

3. Approval is given subject to the location of, protection of, and/or any necessary

approved modifications to any existing public utilities situated within or adjacent to the subject property.

[GEN0135]

4. The development is to be carried out in accordance with Councils Development

Design and Construction Specifications. [GEN0265]

5. The owner is to ensure that the proposed building is constructed in the position

and at the levels as nominated on the approved plans or as stipulated by a condition of this consent, noting that all boundary setback measurements are taken from the real property boundary and not from such things as road bitumen or fence lines.

[GEN0300]

6. The sewerage reticulation system from the proposed development shall be

privately owned and shall connect upstream (ie: into the property drain) of the existing sewer property connection to SP 76700. No new sewerage junctions or connections to Council’s existing sewer reticulation pipelines shall be constructed as a result of this development.


7. Civil Works layout plans are considered to demonstrate incorrect information regarding the private sewer connection location as it shows the connection to be located outside of the property boundary. Sewer connections as shown on the Civil Works layout plans by Charlie Hewitt Engineering Design are not approved.

8. Water supply shall be from the existing water meter located on the lot. Water

supply within the lot to the 3 townhouses shall be private. No new water meters shall be installed as a result of this development.

[GENNS01]

RURAL FIRE SERVICE SECTION 79BA CONDITIONS 9. The recommendations are based on the plan prepared by Scott Carpenter, titled

‘Cabarita Lake Town Houses’, Job Number 1430 and dated September 2014. Asset Protection Zones The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

10. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'. Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

11. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'. Access The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

12. Where the most distant part of a proposed dwelling is greater than 70 metres from a water hydrant, property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.


Design and Construction The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

13. New construction shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection’. Landscaping

14. Landscaping to the site is to comply with the principles of Appendix 5 of

'Planning for Bush Fire Protection 2006'. [GENNS02]

15. With regard to adjacent Crown Land (Lot 466 DP 755701), the development shall

not: a. Encroach upon the Crown land; b. Remove any vegetation from the Crown land; c. Stockpile materials, equipment or machinery on Crown land; d. Use the Crown land for access purposes; e. Direct any new stormwater discharges to the Crown land; or f. Use the Crown land as an Asset Protection Zone.

16. Consistent with measures specified by JWA Ecological Consultants dated 16 February 2016 with respect to Bush Stone-curlew management, all dogs and cats occupying the approved dwellings (the subject of this consent) shall be restrained within the dwelling or secure night cage between the hours of 6:00pm and 6:00am for the life of the development. The proponent is responsible for notifying the first of any future owner/s of the restriction.

17. Vegetation removal is limited to those trees identified as ‘to be removed’ on the

approved plans within the development footprint. No other native vegetation may be removed or disturbed without specific approval from Council’s General Manager or delegate.

[GENNS05]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE 18. Section 94 Contributions

Payment of the following contributions pursuant to Section 94 of the Act and the relevant Section 94 Plan. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 94 Contributions have been paid and the Certifying Authority has sighted Council's "Contribution Sheet" signed by an authorised officer of Council.


A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT. These charges include indexation provided for in the S94 Plan and will remain fixed for a period of 12 months from the date of this consent and thereafter in accordance with the rates applicable in the current version/edition of the relevant Section 94 Plan current at the time of the payment. A copy of the Section 94 contribution plans may be inspected at the Civic and Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, Tweed Heads. a. Tweed Road Contribution Plan:

11.7 Trips @ $1395 per Trips $16,322 ($1,145 base rate + $250 indexation) S94 Plan No. 4 Sector7_4

b. Open Space (Casual):

2.125 ET @ $638 per ET $1,356 ($502 base rate + $136 indexation) S94 Plan No. 5

c. Open Space (Structured):

2.125 ET @ $557 per ET $1,184 ($575 base rate + $-18 indexation) S94 Plan No. 5

d. Shirewide Library Facilities:


e. Bus Shelters:

2.125 ET @ $67 per ET $142 ($60 base rate + $7 indexation) S94 Plan No. 12

f. Eviron Cemetery:

2.125 ET @ $125 per ET $266 ($101 base rate + $24 indexation) S94 Plan No. 13

g. Community Facilities (Tweed Coast - North)

2.125 ET @ $1425 per ET $3,028 ($1,305.60 base rate + $119.40 indexation) S94 Plan No. 15


h. Extensions to Council Administration Offices & Technical Support Facilities 2.125 ET @ $1909.57 per ET $4,057.84 ($1,759.90 base rate + $149.67 indexation) S94 Plan No. 18

i. Cycleways:


j. Regional Open Space (Casual)

2.125 ET @ $1119 per ET $2,378 ($1,031 base rate + $88 indexation) S94 Plan No. 26

k. Regional Open Space (Structured):

2.125 ET @ $3928 per ET $8,347 ($3,619 base rate + $309 indexation) S94 Plan No. 26

[PCC0215] 19. A certificate of compliance (CC) under Sections 305, 306 and 307 of the Water

Management Act 2000 is to be obtained from Council to verify that the necessary requirements for the supply of water and sewerage to the development have been made with the Tweed Shire Council. Pursuant to Clause 146 of the Environmental Planning and Assessment Regulations, 2000, a Construction Certificate shall NOT be issued by a Certifying Authority unless all Section 64 Contributions have been paid and the Certifying Authority has sighted Council's "Certificate of Compliance" signed by an authorised officer of Council.

[PCC0265]

20. In accordance with Section 109F(i) of the Environmental Planning and

Assessment Act 1979 (as amended), a construction certificate for SUBDIVISION WORKS OR BUILDING WORKS shall NOT be issued until any long service levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986 (or where such levy is payable by instalments, the first instalment of the levy) has been paid. Council is authorised to accept payment. Where payment has been made elsewhere, proof of payment is to be provided.

[PCC0285]

21. All fill is to be graded at a minimum of 1% so that it drains to the street or other

approved permanent drainage system and where necessary, perimeter drainage is to be provided. The construction of any retaining wall or cut/fill batter must at no time result in additional ponding occurring within neighbouring properties. All earthworks shall be contained wholly within the subject land. Detailed engineering plans of cut/fill levels and perimeter drainage shall be submitted with a S68 stormwater application for Council approval.

[PCC0485]


22. A detailed plan of landscaping containing no noxious or environmental weed

species and with 100% of total plant numbers comprised of local native species is to be submitted and approved by Council's General Manager or delegate prior to the issue of the first of any Construction Certificate.

[PCC0585]

23. Design detail shall be provided to address the flood compatibility of the

proposed structure including the following specific matters: (a) The minimum habitable floor level for the building is RL 5.8m AHD. (b) All building materials used below Council's design flood level must not be

susceptible to water damage. (c) Subject to the requirements of the local electricity supply authority, all

electrical wiring, outlets, switches etc. should, to the maximum extent possible be located above the design flood level. All electrical wiring installed below the design flood level should to suitably treated to withstand continuous submergence in water and provide appropriate earth leakage devices.

[PCC0705]

24. Application shall be made to Tweed Shire Council under Section 138 of the

Roads Act 1993 for works pursuant to this consent located within the road reserve. Application shall include engineering plans and specifications undertaken in accordance with Councils Development Design and Construction Specifications for the following required works: (a) 1.2m wide reinforced concrete footpath along the full frontage of the site on

Willow Avenue and Tamarind Avenue. The above mentioned engineering plan submission must include copies of compliance certificates relied upon and details relevant to but not limited to the following: • Road works/furnishings • Stormwater drainage • Water and sewerage works • Sediment and erosion control plans • Location of all services/conduits • Traffic control plan

[PCC0895]

25. Permanent stormwater quality treatment shall be provided in accordance with

the following: (a) The Construction Certificate Application shall include a detailed

Stormwater Management Plan (SWMP) for the occupational or use stage of the development prepared in accordance with Annexure B of Councils Development Design Specification D7 - Stormwater Quality.


(b) Permanent stormwater quality treatment shall comply with section 5.5.3 of the Tweed Urban Stormwater Quality Management Plan and Councils Development Design Specification D7 - Stormwater Quality.

(c) The stormwater and site works shall incorporate water sensitive design

principles and where practical, integrated water cycle management. (d) Specific Requirements to be detailed within the Construction Certificate

application include:

i) The stormwater treatment train must demonstrate compliance with water quality objectives by one of the options specified in D7.07A.4

ii) All stormwater treatment devices must be located on common land as per D7.09.4

iii) Stormwater treatment device(s) of a type that can only be maintained by specialist contractors or the manufacturer are not acceptable.

[PCC1105] 26. A construction certificate application for works that involve any of the following:

• connection of a private stormwater drain to a public stormwater drain • installation of stormwater quality control devices • erosion and sediment control works will not be approved until prior separate approval to do so has been granted by Council under Section 68 of the Local Government Act. Applications for these works must be submitted on Council's standard Section 68 stormwater drainage application form accompanied by the required attachments and the prescribed fee.

[PCC1145] 27. Erosion and Sediment Control shall be provided in accordance with the

following: (a) The Construction Certificate Application must include a detailed erosion

and sediment control plan prepared in accordance with Section D7.07 of Development Design Specification D7 - Stormwater Quality.

(b) Construction phase erosion and sediment control shall be designed,

constructed and operated in accordance with Tweed Shire Council Development Design Specification D7 - Stormwater Quality and its Annexure A - “Code of Practice for Soil and Water Management on Construction Works”.

[PCC1155]

28. An application shall be lodged together with any prescribed fees including

inspection fees and approved by Tweed Shire Council under Section 68 of the Local Government Act for any water, sewerage, on site sewerage management system or drainage works including connection of a private stormwater drain to a public stormwater drain, installation of stormwater quality control devices or erosion and sediment control works, prior to the issue of a construction certificate.


[PCC1195] 29. If the development is likely to disturb or impact upon water or sewer

infrastructure (eg: extending, relocating or lowering of pipeline), written confirmation from the service provider that they have agreed to the proposed works must be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate or any works commencing, whichever occurs first. Applications for these works must be submitted on Council's standard Section 68 Application to Alter Councils Water or Sewer Infrastructure application form accompanied by the required attachments and the prescribed fee. The arrangements and costs associated with any adjustment to water and wastewater infrastructure shall be borne in full by the applicant/developer.

[PCC1310]

29.1 Pursuant to Section 80A(1)(B) of the Environmental Planning and Assessment

Act, 1979 (as amended) and Clause 97 of the Environmental Planning and Assessment Regulations, 2000 Development Consent No. D87/0874 dated 14 December 1988 (as amended) shall be modified to remove reference to any development/units located on land to which the three townhouses approved under this consent relates by lodgement of the prescribed information suitably executed, PRIOR to the issue of a Construction Certificate.

[PCCNS01]

PRIOR TO COMMENCEMENT OF WORK 30. The proponent shall accurately locate and identify any existing sewer main,

stormwater line or other underground infrastructure within or adjacent to the site and the Principal Certifying Authority advised of its location and depth prior to commencing works and ensure there shall be no conflict between the proposed development and existing infrastructure prior to start of any works.

[PCW0005]

31. The erection of a building in accordance with a development consent must not

be commenced until: (a) a construction certificate for the building work has been issued by the

consent authority, the council (if the council is not the consent authority) or an accredited certifier, and

(b) the person having the benefit of the development consent has:

(i) appointed a principal certifying authority for the building work, and (ii) notified the principal certifying authority that the person will carry out

the building work as an owner-builder, if that is the case, and

(c) the principal certifying authority has, no later than 2 days before the building work commences:

(i) notified the consent authority and the council (if the council is not the

consent authority) of his or her appointment, and (ii) notified the person having the benefit of the development consent of

any critical stage inspections and other inspections that are to be carried out in respect of the building work, and


(d) the person having the benefit of the development consent, if not carrying

out the work as an owner-builder, has:

(i) appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential work is involved, and

(ii) notified the principal certifying authority of any such appointment, and (iii) unless that person is the principal contractor, notified the principal

contractor of any critical stage inspection and other inspections that are to be carried out in respect of the building work.

[PCW0215]

32. Prior to work commencing, a "Notice of Commencement of Building or

Subdivision Work and Appointment of Principal Certifying Authority" shall be submitted to Council at least 2 days prior to work commencing.

[PCW0225]

33. Residential building work:

(a) Residential building work within the meaning of the Home Building Act

1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(i) in the case of work for which a principal contractor is required to be

appointed:

* in the name and licence number of the principal contractor, and * the name of the insurer by which the work is insured under Part 6

of that Act,

(ii) in the case of work to be done by an owner-builder: * the name of the owner-builder, and * if the owner-builder is required to hold an owner builder permit

under that Act, the number of the owner-builder permit.

(b) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (1) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

[PCW0235]

34. A temporary builder's toilet is to be provided prior to commencement of work at

the rate of one closet for every 15 persons or part of 15 persons employed at the site. Each toilet provided must be: (a) a standard flushing toilet connected to a public sewer, or (b) if that is not practicable, an accredited sewage management facility

approved by the council [PCW0245]


35. Where prescribed by the provisions of the Environmental Planning and

Assessment Regulation 2000, a sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal

certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any building work

and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

[PCW0255]

36. Prior to commencement of work on the site all erosion and sedimentation

control measures are to be installed and operational including the provision of a "shake down" area, where required. These measures are to be in accordance with the approved erosion and sedimentation control plan and adequately maintained throughout the duration of the development. In addition to these measures the core flute sign provided with the stormwater approval under Section 68 of the Local Government Act is to be clearly displayed on the most prominent position of the sediment fence or erosion control device which promotes awareness of the importance of the erosion and sediment controls provided. This sign is to remain in position for the duration of the project.

[PCW0985]

DURING CONSTRUCTION 37. All proposed works are to be carried out in accordance with the conditions of

development consent, approved management plans, approved construction certificate, drawings and specifications.

[DUR0005]

38. If during construction works any Aboriginal object or relic is disturbed or

uncovered, works are to cease and the Department of Environment, Climate Change and Water are to be notified immediately, in accordance with the provisions of the National Parks and Wildlife Act 1974.

[DUR0025]

39. Construction and/or demolition site work including the entering and leaving of

vehicles is limited to the following hours, unless otherwise permitted by Council:

Monday to Saturday from 7.00am to 6.00pm No work to be carried out on Sundays or Public Holidays


The proponent is responsible to instruct and control subcontractors regarding hours of work.

[DUR0205] 40. All reasonable steps shall be taken to muffle and acoustically baffle all plant and

equipment. In the event of complaints from the neighbours, which Council deem to be reasonable, the noise from the construction site is not to exceed the following:

A. Short Term Period - 4 weeks.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 20dB(A) at the boundary of the nearest likely affected residence.

B. Long term period - the duration.

LAeq, 15 min noise level measured over a period of not less than 15 minutes when the construction site is in operation, must not exceed the background level by more than 15dB(A) at the boundary of the nearest affected residence.

[DUR0215] 41. The wall and roof cladding is to have low reflectivity where they would otherwise

cause nuisance to the occupants of buildings with direct line of sight to the proposed building.

[DUR0245] 42. All building work (other than work relating to the erection of a temporary

building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant construction certificate was made).

[DUR0375]

43. Building materials used in the construction of the building are not to be

deposited or stored on Council's footpath or road reserve, unless prior approval is obtained from Council.

[DUR0395]

44. The Principal Certifying Authority is to be given a minimum of 48 hours notice

prior to any critical stage inspection or any other inspection nominated by the Principal Certifying Authority via the notice under Section 81A of the Environmental Planning and Assessment Act 1979.

[DUR0405]

45. It is the responsibility of the applicant to restrict public access to the

construction works site, construction works or materials or equipment on the site when construction work is not in progress or the site is otherwise unoccupied in accordance with WorkCover NSW requirements and Work Health and Safety Regulation 2011.

[DUR0415]

46. The use of vibratory compaction equipment (other than hand held devices)

within 100m of any dwelling house, building or structure is strictly prohibited. [DUR0815]


47. The development is to be carried out in accordance with the current BASIX

certificate and schedule of commitments approved in relation to this development consent.

[DUR0905] 48. No soil, sand, gravel, clay or other material shall be disposed of off the site

without the prior written approval of Tweed Shire Council General Manager or his delegate.

[DUR0985]

49. All work associated with this approval is to be carried out so as not to impact on

the neighbourhood, adjacent premises or the environment. All necessary precautions, covering and protection shall be taken to minimise impact from: • Noise, water or air pollution. • Dust during filling operations and also from construction vehicles. • Material removed from the site by wind.

[DUR1005] 50. The burning off of trees and associated vegetation felled by clearing operations

or builders waste is prohibited. Such materials shall either be recycled or disposed of in a manner acceptable to Councils General Manager or his delegate.

[DUR1015] 51. Landscaping of the site shall be carried out in accordance with the

submitted/approved landscaping plans. [DUR1045]

52. A reinforced concrete footpath 1.2 metres wide and 100 millimetres thick is to be

constructed on a compacted base along the entire frontage of the site along Willow Avenue and Tamarind Avenue in accordance with Councils Development Design and Construction Specifications and Standard Drawing SD013. 24 hours notice is to be given to Council's Engineering Division before placement of concrete to enable formwork and subgrade to be inspected.

[DUR1735]

53. Where the construction work is on or adjacent to public roads, parks or drainage reserves the development shall provide and maintain all warning signs, lights, barriers and fences in accordance with AS 1742 (Manual of Uniform Traffic Control Devices). The contractor or property owner shall be adequately insured against Public Risk Liability and shall be responsible for any claims arising from these works.

[DUR1795]

54. Any damage caused to public infrastructure (roads, footpaths, water and sewer

mains, power and telephone services etc) during construction of the development shall be repaired in accordance with Councils Development Design and Construction Specifications prior to the issue of a Subdivision Certificate and/or prior to any use or occupation of the buildings.

[DUR1875]


55. During construction, a “satisfactory inspection report” is required to be issued by Council for all works required under Section 138 of the Roads Act 1993. The proponent shall liaise with Councils Engineering Division to arrange a suitable inspection.

[DUR1925]

56. No portion of the structure may be erected over any existing sullage or

stormwater disposal drains, easements, sewer mains, or proposed sewer mains. [DUR1945]

57. The builder must provide an adequate trade waste service to ensure that all

waste material is suitably contained and secured within an area on the site, and removed from the site at regular intervals for the period of construction/demolition to ensure no material is capable of being washed or blown from the site.

[DUR2185]

58. The site shall not be dewatered, unless written approval to carry out dewatering

operations is received from the Tweed Shire Council General Manager or his delegate.

[DUR2425] 59. During construction, a “satisfactory inspection report” is required to be issued

by Council for all s68h2 permanent stormwater quality control devices, prior to backfilling. The proponent shall liaise with Councils Engineering Division to arrange a suitable inspection.

[DUR2445]

60. Council is to be given 24 hours notice for any of the following inspections prior

to the next stage of construction:

(a) internal drainage, prior to slab preparation; (b) water plumbing rough in, and/or stackwork prior to the erection of brick

work or any wall sheeting; (c) external drainage prior to backfilling. (d) completion of work and prior to occupation of the building.

[DUR2485]

61. Plumbing

(a) A plumbing permit is to be obtained from Council prior to commencement of any plumbing and drainage work.

(b) The whole of the plumbing and drainage work is to be completed in accordance with the requirements of the Plumbing Code of Australia and AS/NZS 3500.

[DUR2495]

62. Overflow relief gully is to be located clear of the building and at a level not less

than 150mm below the lowest fixture within the building and 75mm above finished ground level.

[DUR2545]


63. All new hot water installations shall deliver hot water at the outlet of sanitary fixtures used primarily for personal hygiene purposes at a temperature not exceeding:- * 45ºC for childhood centres, primary and secondary schools and nursing

homes or similar facilities for aged, sick or disabled persons; and * 50ºC in all other classes of buildings. A certificate certifying compliance with the above is to be submitted by the licensed plumber on completion of works.

[DUR2555]

64. All works must comply with measures specified in correspondence prepared by

JWA Ecological Consultants dated 16 February 2016 - Bush Stone-curlew Management. In the event that any threatened species, populations, ecological communities or their habitats not addressed in the report are discovered during operations appropriate Plans of Management for those species must be formulated to the satisfaction of the General Manager or delegate and/or the Office of Environment and Heritage. No further site clearing and/or earthworks will take place until the Plan(s) of Management is/are approved.

[DURNS01]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE 65. Prior to issue of an occupation certificate, all works/actions/inspections etc

required at that stage by other conditions or approved management plans or the like shall be completed in accordance with those conditions or plans.

[POC0005]

66. A person must not commence occupation or use of the whole or any part of a

new building or structure (within the meaning of Section 109H(4)) unless an occupation certificate has been issued in relation to the building or part (maximum 25 penalty units).

[POC0205]

67. A final occupation certificate must be applied for and obtained within 6 months

of any Interim Occupation Certificate being issued, and all conditions of this consent must be satisfied at the time of issue of a final occupation certificate (unless otherwise specified herein).

[POC0355]

68. Prior to the issue of a final occupation certificate adequate proof and/or

documentation is to be submitted to the Principal Certifying Authority to identify that all commitment on the BASIX "Schedule of Commitments" have been complied with.

[POC0435] 69. All approved landscaping requirements must be completed in accordance with

the approved detailed landscaping plans to the satisfaction of the General Manager or delegate PRIOR to the issue of occupation certificate. Landscaping must be maintained at all times to the satisfaction of Council's General Manager or delegate.

[POC0475]


70. Prior to the issue of an occupation certificate, the applicant shall produce a copy of the “satisfactory inspection report” issued by Council for all works required under Section 138 of the Roads Act 1993.

[POC0745]

71. Prior to the issue of an occupation certificate, the applicant shall produce a copy

of the “satisfactory inspection report” issued by Council for all s68h2 permanent stormwater quality control devices.

[POC0985]

72. External living areas which are within 4 metres of a side boundary are to be

suitably screened from adjoining properties. Details of proposed screening is to be submitted for the written satisfaction of Councils General Manager or delegate prior to the issue of a occupation certificate. Proposed Unit 1 and Unit 3 are considered to be within 4m of a side boundary.

[POCNS01]

USE 73. The use to be conducted so as not to cause disruption to the amenity of the

locality, particularly by way of the emission of noise, dust and odours or the like. [USE0125]

74. All externally mounted air conditioning units and other mechanical plant or

equipment are to be located so that any noise impact due to their operation which may be or is likely to be experienced by any neighbouring premises is minimised. Notwithstanding this requirement all air conditioning units and other mechanical plant and or equipment is to be acoustically treated or shielded where considered necessary to the satisfaction of the General Manager or his delegate such that the operation of any air conditioning unit, mechanical plant and or equipment does not result in the emission of offensive or intrusive noise.

[USE0175]

75. All externally mounted artificial lighting, including security lighting, is to be

shielded to the satisfaction of the General Manager or his delegate where necessary or required so as to prevent the spill of light or glare creating a nuisance to neighbouring or adjacent premises.

[USE0225]

76. All wastes shall be collected, stored and disposed of in accordance with the

provisions of Tweed Shire Council Development Control Plan Section A15 - Waste Minimisation and Management and to the written to the satisfaction of the General Manager or his delegate.

[USE0875]


REPORT:

Applicant: Mrs N Trentelman Owner: Mrs Natalia Trentelman Location: Lot 53 SP 91510 No. 53/77 Tamarind Avenue, SP 76700 & SP 79344 No. 77

Tamarind Avenue, Bogangar Zoning: R1 - General Residential Cost: $600,000 Proposed Development Council is in receipt of an application for the development of three detached residential units at the above address. Proposed Townhouse 1 & 2 are identical in terms of design with proposed townhouse 3 being a mirror image of this design. Each unit consists of a double garage, laundry and beach store to the ground level. The applicant has clarified that the beach store is to be used for the storage of kayaks and paddle boards and the like. To the upper level there are two bedrooms (each with ensuite), and a combined kitchen/dining/living area. There is also a deck proposed which is orientated to the north. The development is to be accessed via existing driveway crossovers to Tamarind Avenue and Willow Avenue which currently service the Cabarita Lakes Development. The application was referred to the NSW Rural Fire Service (RFS) under Sec 79B of the Environmental Planning and Assessment Act. Recommended conditions have been received in this regard which are considered appropriate. The application was also referred to Crown Lands as an adjoining landowner, however no comments have been received with respect to the proposal. Site The subject site is located at 77 Tamarind Avenue and the application has been lodged over three (overlaying) Strata Plans at this address including Strata Plan 76700, Strata Plan 79344 (which contains the individual Cabarita Lakes Apartments Units) and Strata Plan 91590. The proposed development area covers an area of 1,502m2 and currently contains a swimming pool as well as a concrete slab and storage shed. Under DA15/1004 consent has been granted for the demolition of the storage shed. To the north the site is bordered by Crown Land which extends to the Cudgen Lake reserve. To the south, there is the Cabarita Lakes Apartments, a tourist accommodation development over four levels. The proposal is to utilise the same vehicular access and connect to many of the same services (water/sewer etc.) as the Cabarita Lakes Apartments. To the east, the land is currently undeveloped, however it is noted that there is an approval in place under D87/0874 for 6 x 3 storey holiday resort buildings over this land. To the west the site borders an allotment which includes a restaurant. It is noted that there is also a roadway which provides access to Cudgen Lake through the adjoining site.


Site

History The subject site displays the following development history which is of relevance to this application. DA15/1004: Demolition of single storey storage shed. Approved 2 March 2016. This application relates to the demolition of the shed located at the proposed development location. DA10/0160: Change of use from motel to combined motel and permanent residential apartments. Approved 21 October 2010. This consent has subsequently lapsed. The development consent including the conditions of approval have not been complied with to permit permanent residential occupation of Cabarita Lakes Apartments. DA14/0906: Strata boundary adjustment. Approved 18 March 2015. D87/0874 (As amended): Staged construction of 6 x 3 storey holiday resort buildings comprising 10 x 3 bedroom units and associated parking (stage 1); a sports complex (stage 2); 10 x 2 bedroom units and associated parking (stage 3); and 40 x 2 bedroom units and associated parking (stage 4). Approved 14 December 1988 (modified most recently 19 December 2005).


SITE DIAGRAM:


DEVELOPMENT/ELEVATION PLANS:


Considerations under Section 79C of the Environmental Planning and Assessment Act 1979: (a) (i) The provisions of any environmental planning instrument

Tweed Local Environmental Plan 2014 Clause 1.2 – Aims of the Plan This Plan aims to make local environmental planning provisions for land in Tweed City Centre in accordance with the relevant standard environmental planning instrument under section 33A of the Act. The particular aims of this Plan are as follows: (a) To give effect to the desired outcomes, strategic principles, policies and

actions contained in the Council’s adopted strategic planning documents, including, but not limited to, consistency with local indigenous cultural values, and the national and international significance of the Tweed Caldera,

(b) To encourage a sustainable local economy and small business,

employment, agriculture, affordable housing, recreational, arts, social, cultural, tourism and sustainable industry opportunities appropriate to Tweed,

(c) To promote the responsible sustainable management and conservation of

Tweed’s natural and environmentally sensitive areas and waterways, visual amenity and scenic routes, built environment, and cultural heritage,

(d) To promote development that is consistent with the principles of ecologically

sustainable development and to implement appropriate action on climate change,

(e) To promote building design which considers food security, water

conservation, energy efficiency and waste reduction, (f) To promote the sustainable use of natural resources and facilitate the

transition from fossil fuels to renewable energy, (g) To conserve or enhance the biological diversity, scenic quality and

geological and ecological integrity of Tweed, (h) To promote the management and appropriate use of land that is contiguous

to or interdependent on land declared a World Heritage site under the Convention Concerning the Protection of World Cultural and Natural Heritage, and to protect or enhance the environmental significance of that land,

(i) To conserve or enhance areas of defined high ecological value,


(j) To provide special protection and suitable habitat for the recovery of the Tweed coastal Koala.

The proposed development relates to a residential use on appropriately zoned land. The proposed development is considered to be consistent with the aims of the plan. Clause 1.4 – Definitions Under this clause the proposed development would be multi-dwelling housing, defined as follows: Multi Dwelling Housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building. Note. Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary. Clause 2.1 – Land use zones The subject development site is zoned R1 - General Residential under the provisions of this clause. Clause 2.3 – Zone objectives and Land use table The subject site is zoned R1 General Residential. The objectives are: • To provide for the housing needs of the community within a low density

residential environment. • To enable other land uses that provide facilities or services to meet the day to

day needs of residents. The proposed development will result in a multi dwelling housing development and is considered to provide for a development in accordance with the objectives of the zone. In particular, the proposed development is considered to be consistent with the objectives ‘To provide for the housing needs of the community within a low density residential environment’ and ‘to provide a variety of housing types within a medium density residential environment’. Clause 4.3 - Height of Buildings The objectives of this clause include provisions to establish the maximum height for which a building can be designed and ensure that building height relates to the land’s capability to provide and maintain an appropriate urban character and level of amenity.


This clause states that the height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map. In this instance the subject development site is identified as having a maximum building height of 13.6m (Control N2) as identified on the building height map. The proposed development has a maximum height of approximately 7.3m, thus complying with this development control. As such, the proposed development is considered acceptable and the proposal does not contravene the provisions of this Clause. Clause 4.4 – Floor Space Ratio The objectives of this clause are as follows: (a) to define the allowable development density of a site and for particular

classes of development, (b) to enable an alignment of building scale with the size of a site, (c) to provide flexibility for high quality and innovative building design, (d) to limit the impact of new development on the existing and planned natural

and built environment, (e) to encourage increased building height and site amalgamation at key

locations in Tweed. This clause goes on to further state that the maximum floor space ratio (FSR) for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map. The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area. In this instance the applicable floor space ratio is 2:1 (Control T) over the development area. The site area is approximately 1502m2 whilst each unit has a gross floor area (excluding garages & non-habitable spaces etc.) of approximately 86m2. This results in a floor space ratio of 0.17:1 resulting from this development application. This is compliant with this clause. Clause 5.5 – Development within the Coastal Zone This clause states that development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered the following; (a) existing public access to and along the coastal foreshore for pedestrians

(including persons with a disability) with a view to: (i) maintaining existing public access and, where possible, improving that

access, and (ii) identifying opportunities for new public access, and


The subject application does not propose any amendments to existing public access to or along the coastal foreshore. (b) the suitability of the proposed development, its relationship with the

surrounding area and its impact on the natural scenic quality, taking into account: (i) the type of the proposed development and any associated land uses or

activities (including compatibility of any land-based and water-based coastal activities), and

(ii) the location, and (iii) the bulk, scale, size and overall built form design of any building or

work involved, and The proposed development is permissible on the subject site and is generally consistent with the prescribed development requirements as outlined throughout this report. As such the proposal is considered to be acceptable at this location. (c) the impact of the proposed development on the amenity of the coastal

foreshore including: (i) any significant overshadowing of the coastal foreshore, and (ii) any loss of views from a public place to the coastal foreshore,

The proposed development is located approximately 250m from the coastal foreshore and it therefore not considered to impact on the amenity of the foreshore by virtue of overshadowing or a loss of views given the height (maximum 8m) of the proposal in an area zoned for medium density residential purposes. The subject application is considered to be acceptable having regard to the above considerations.

(d) how the visual amenity and scenic qualities of the coast, including coastal

headlands, can be protected, and The proposed development is not considered to compromise the scenic qualities of the coast as it represents an acceptable development on appropriately zoned land. Beyond this, the subject development is not considered to generate any specific opportunities to protect the visual amenity and scenic qualities of the coast due to its nature and scale. (e) how biodiversity and ecosystems, including:

(i) native coastal vegetation and existing wildlife corridors, and (ii) rock platforms, and (iii) water quality of coastal waterbodies, and


(iv) native fauna and native flora, and their habitats, can be conserved,

and The proposal is to be undertaken on a land which has been previously cleared, in anticipation of the residential development of this land. It is considered that the proposal will have a minimal impact on the local biodiversity or ecosystems in this regard. (f) the cumulative impacts of the proposed development and other

development on the coastal catchment. The proposed development is not considered to result in an unacceptable cumulative impact on the coastal catchment given the sites zoning and the permissibility of the development at this location. This clause goes on to further state; (3) Development consent must not be granted to development on land that is

wholly or partly within the coastal zone unless the consent authority is satisfied that: (a) the proposed development will not impede or diminish, where

practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and

As outlined elsewhere in this report, the proposal will not impede or diminish the right of access of the public either to or along the public foreshore.

(b) if effluent from the development is disposed of by a non-reticulated

system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

The subject development does not propose to dispose effluent by non-reticulated system.

(c) the proposed development will not discharge untreated stormwater into

the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and

It is noted that the application has been reviewed by Council’s Development Engineering Unit with respect to stormwater, who has raised no concerns with respect to stormwater subject to the application of appropriate conditions of consent. It is considered that the subject application would be in accordance with the above controls, with no untreated stormwater being discharged to the sea, beach or the like.


(d) the proposed development will not: (i) be significantly affected by coastal hazards, or (ii) have a significant impact on coastal hazards, or (iii) increase the risk of coastal hazards in relation to any other land.

The proposed development is considered to be acceptable having regard to coastal hazards as outlined above due to its nature, permissibility and the spatial separation between the site and coastal hazards at this location. Having regard to the above assessment the proposal is considered to be acceptable with respect to the provisions of this clause. Clause 5.9 - Preservation of trees or vegetation The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. With respect to this, it is noted that the proposed development site has been previously cleared of significant vegetation at the proposal location. Furthermore, the application has been reviewed by Council’ Natural Resource Management (NRM) Unit who have raised no concerns with respect to vegetation removal. The proposal is therefore considered acceptable having regard to the provisions of this clause. Clause 5.10 - Heritage Conservation The objectives of this clause are as follows: (a) to conserve the environmental heritage of Tweed, (b) to conserve the heritage significance of heritage items and heritage

conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage

significance. A search of the proposed development site has been undertaken on the NSW Government Office of Environment & Heritage website through the Aboriginal Heritage Information Management System (AHIMS) tool which has identified that there are no Aboriginal sites recorded or Aboriginal places declared at the subject site. It is noted that there is a known AHIMS site located approximately 200m to the northeast of the development area. Given the spatial separation between the proposal and this site it is not considered that there would be any impacts on the site from the proposed development associated with the proposal in this regard. A condition would be applied to any consent requiring that works cease in the event that any objects are disturbed or uncovered during construction. The proposal is not considered to impact negatively on the provisions of this clause.


Clause 5.11 - Bush fire hazard reduction The subject site is mapped as being bushfire prone as per Council's mapping system. A Bushfire Threat Assessment Report prepared by a BPAD – L3 Certified Practitioner has been prepared and submitted with this application. The subject application was referred to the NSW Rural Fire Service (RFS) under Sec 79B of the Environmental Planning and Assessment Act. A response has been received in relation to this, recommending conditions of consent to be applied in the event of approval which are considered appropriate in this instance. In any event, this clause simply outlines that bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent. As such the provisions of this clause are not considered to contradict the development proposed under this application. Clause 7.1 – Acid Sulfate Soils Class 3 Acid Sulfate Soils are identified on the subject site. The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage. The application was referred to Council’s Environmental Health Unit with respect to this who have advised the following;

“The subject site is located within Class 3 land. The proposal is unlikely to require excavations greater than 1m and therefore acid sulfate soils are not anticipated to constrain the development. No further considerations required.”

As such, having regard to this advice, the proposed development is considered to be acceptable having regard to Acid Sulfate Soils. Clause 7.3 – Flood Planning The objectives of this clause are as follows: (a) to minimise the flood risk to life and property associated with the use of

land, (b) to allow development on land that is compatible with the land’s flood hazard,

taking into account projected changes as a result of climate change, (c) to avoid significant adverse impacts on flood behaviour and the

environment. This clause goes on to further state that development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:


(a) is compatible with the flood hazard of the land, and (b) is not likely to significantly adversely affect flood behaviour resulting in

detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and (d) is not likely to significantly adversely affect the environment or cause

avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

The subject site is flood prone with a Design Flood Level (Q100) of 3m AHD as well as being within a Low Flow Area and the Probable Maximum Flood (PMF) Level Area has an identified value of 5.8m AHD. The application has been reviewed by Council’s Flooding Engineer who requested that a flood response assessment plan be submitted with respect to the proposed development. This has been submitted, and nominates that the first floor to each townhouse has a finished floor level of 5.8m AHD, which is the PMF level. In the event of flooding to the PMF level, this first floor would act as a refuge area. Review of the submitted plans confirms that the first floor level is to be at 5.8m AHD. Council Flooding Engineer has accepted this with respect to flooding (see Clause 7.4 assessment below). Further comment in relation to flooding has been provided as follows;

“No filling is proposed to meet the requirements of DCP-A3. Justification for this deviation from A3 is provided in the RFI response covering letter. The proposed buildings habitable floor level is 5.8m AHD which is PMF level. This is considered an acceptable outcome and no filling is required.”

Having regard to the information provided by Council’s Flooding Engineers, the development is unlikely to have an unacceptable impact with respect to a flooding hazard or impact on emergency services in the area. As such, it is considered that this development does not contravene the objectives of this clause. Clause 7.4 - Floodplain risk management The subject site falls within a land area nominated under the mapping for Clause 7.4. The objectives of this clause are as follows: (a) in relation to development with particular evacuation or emergency

response issues, to enable evacuation of land subject to flooding in events exceeding the flood planning level,

(b) to protect the operational capacity of emergency response facilities and critical infrastructure during extreme flood events.

This clause goes on to state that consent must not be granted to development for residential accommodation such as that proposed by this application unless Council is satisfied that the development will not, in flood events exceeding the


flood planning level, affect the safe occupation of, and evacuation from, the land. With respect to this the application has been reviewed by Council’s Infrastructure engineers with respect to flooding, with the following comment being noted;

“The applicant has provided a Flood Response Assessment Plan which nominates shelter in place as the most appropriate emergency response strategy. Although evacuation is the preferred strategy, the proposed strategy is appropriate for the site and is acceptable.”

Having regard to the advice provided, this is considered to adequately address the requirements of this clause. Clause 7.6 - Stormwater Management The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters. This clause outlines that consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is designed to maximise the use of water permeable surfaces on the land

having regard to the soil characteristics affecting on-site infiltration of water, and

(b) includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and

(c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

The application has been reviewed by Council’s Development Engineering Unit and Council’s Infrastructure Engineer who have raised no concerns with respect to stormwater management associated with the proposal. Standard conditions of consent would be provided in this regard. The proposal is considered to be acceptable with respect to the requirements of this clause. Clause 7.10 - Essential services This clause states that development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required: (a) the supply of water, The subject application has been reviewed by Council's Water Unit and Development Engineering Unit with respect to the above, with it being noted that adequate water supply could be provided to service proposal.


(b) the supply of electricity, Electricity services are currently provided to the area. Proposal is acceptable in this regard. (c) the disposal and management of sewage, The disposal and management of sewage has also been reviewed by Council’s Water Units with it being determined that the proposal is acceptable in this regard. (d) stormwater drainage or on-site conservation, Stormwater management has been reviewed by Council’s Development Engineering Unit with the proposal being considered to be acceptable with respect to stormwater drainage subject to the application of appropriate conditions of consent. (e) suitable road access. The proposed development is to be accessed via an existing driveway crossover which currently services the development on site. This has been reviewed by Council’s Development Engineering Unit with no concerns raised with respect to road access. Adequate access is therefore considered achievable the proposed development With respect to the above assessment against the provisions of this clause, it is considered that the proposed development would be acceptable from the perspective of essential services available to the site. Having regard to the above assessment, the subject application is considered to be generally in accordance with the provisions of the Tweed Local Environmental Plan 2014. State Environmental Planning Policies SEPP No. 55 - Remediation of Land The objectives of SEPP No. 55 is to provide a State wide planning approach to the remediation of contaminated land and to require that remediation works meet certain standards and conditions. SEPP No. 55 requires a consent authority to consider whether land is contaminated and if contaminated, that it would be satisfied that the land is suitable, in its contaminated state (or will be suitable after remediation). Further, it advises that if the land is contaminated and requires remediation, that the consent authority is satisfied that the land will be remediated before the land is used for that purpose. In particular it is noted that this SEPP states that a consent authority must not consent to the carrying out of any development on land unless:


(a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its

contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

The subject application has been reviewed by Council’s Environmental Health Unit who has provided the following advice with respect to contamination:

“The SEE indicates historical site use to be residential. Sub-slab testing for organochlorine contamination was completed under DA15/1004. Results were below relevant thresholds. The previous comments stated: The proposal will intensify the use of the property and further assessment is required in accordance with Council’s Contaminated Land Policy regarding any historical filling of the site where the material may have been imported from sand mining operations in the area. Reference is made to Council’s aerial photographic records (1962_run10_1159_5036.1 which indicates the site is cleared of vegetation with no structures evident. Sand mining activities are evident along the coastal strip east of Tweed Coast Rd and north of Cypress Crescent). A Surface Radiation and Subsurface Soil Radiation Testing Report ecoteam February 2016 (16045) has been submitted for consideration. Surface radiation monitoring along 5 transects and sub-surface depth monitoring at 9 boreholes (to a depth 500mm below the likely deepest excavation for construction) were undertaken at the site in the location of the proposed development. All readings were found to be at or around background of 0.1uS/hr and below the adopted ‘investigation threshold’ of 0.3uS/hr. No readings were reported to exceed the RSIS#12 recommended Action Levels of 0.7uGy/hr. The statement that ‘It is reasonable to assume that the fill is from sand mining’ is not necessarily supported. It is quite possible that the fill is from construction of the Cabarita precinct canals and stormwarter system, which were also developed around this time (which would explain why radiation levels are at or around background). The general conclusion of the report that no further investigation is required and the site does not pose a human health risk is supported.”

Having regard to the advice provided, the subject application is considered to be acceptable with respect to contaminated land.


SEPP No. 71 – Coastal Protection The subject development site is within the coastal zone at this location and as a result is subject to the provisions of State Environmental Planning Policy No.71. Council is required to consider the matters under Clause 8 and the following comments are made for Council’s consideration. Clause 8 – Matters for consideration (a) the aims of this Policy set out in clause 2, The proposal is generally in accordance with the aims of this policy. (b) existing public access to and along the coastal foreshore for pedestrians or

persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

It is noted that the subject site is not located in close proximity to any public access to or along the public foreshore. (c) opportunities to provide new public access to and along the coastal

foreshore for pedestrians or persons with a disability, It is not considered that this application offers any opportunities to provide new public access to the foreshore. (d) the suitability of development given its type, location and design and its

relationship with the surrounding area, The proposal is considered suitable, having regard to its permissibility in this area. (e) any detrimental impact that development may have on the amenity of the

coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

The proposal will not result in any detrimental impact on the coastal foreshore given its nature being for a residential development on appropriately zoned land. (f) the scenic qualities of the New South Wales coast, and means to protect

and improve these qualities, This proposal is not considered to have any negative impact on the scenic qualities of the NSW coast. (g) measures to conserve animals (within the meaning of the Threatened

Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,


The proposal is not considered to impact negatively animals or their habitats. The subject application has been reviewed by Council’s natural Resource Management (NRM) who have raised no concerns with respect to the proposal. As such the proposal is not considered to impact on measures as identified above. (h) measures to conserve fish (within the meaning of Part 7A of the Fisheries

Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

The proposal is not considered to have an adverse impact upon marine environments or habitats. (i) existing wildlife corridors and the impact of development on these corridors, The proposed development is not considered to impact negatively on wildlife corridors given it is to be undertaken on a site previously cleared of significant vegetation. (j) the likely impact of coastal processes and coastal hazards on development

and any likely impacts of development on coastal processes and coastal hazards,

The proposed development is not considered to have any significant impact of development on coastal processes and coastal hazards. (k) measures to reduce the potential for conflict between land-based and water-

based coastal activities, The proposal is not considered to cause any conflict between land-based and water-based activities. (l) measures to protect the cultural places, values, customs, beliefs and

traditional knowledge of Aboriginals, The subject development is not considered to impact on any traditional Aboriginal cultural values. (m) likely impacts of development on the water quality of coastal water bodies, The subject application is not considered to have any significant impact upon the water quality of coastal waterbodies. (n) the conservation and preservation of items of heritage, archaeological or

historic significance, It is not considered that the proposal impacts upon the conservation or preservation of any of the above items . (o) only in cases in which a council prepares a draft local environmental plan

that applies to land to which this Policy applies, the means to encourage compact towns and cities,


Not applicable to the subject application. (p) only in cases in which a development application in relation to proposed

development is determined: (i) the cumulative impacts of the proposed development on the

environment, and This development is not considered to have a negative cumulative impact on the environment.

(ii) measures to ensure that water and energy usage by the proposed

development is efficient. The proposed development application has addressed water or energy usage requirements through the submission of Basix Certification. It is considered the proposed development does not compromise the intent or specific provisions of State Environmental Planning Policy No.71 – Coastal Protection.

(a) (ii) The Provisions of any Draft Environmental Planning Instruments There are no draft EPI applicable to the proposed development.

(a) (iii) Development Control Plan (DCP) Tweed Development Control Plan DCP Section A1 - Residential Development Code A detailed assessment of DCP Section A1 has been undertaken with respect tto the proposed development. A copy of this is attached to the file; Three variations were required with respect to the A1 controls. These are detailed further below, with Council officers accepting the variations in this instance. Therefore the proposal is considered ot be acceptable with respect tot DCP Section A1. Part B Controls: Town Houses Control e. Each dwelling must provide a ground level with at least one habitable room, which must have an adjacent external living area located on ground (carparking is not considered as a ground level). A ground level comprising solely carparking is not acceptable. Control i. Town housing is to provide a mix of dwelling sizes and diversity in the number of bedrooms per dwelling.


The proposed units do not provide ground level habitable rooms due to the flooding constraints on site. The applicant has provided the following with respect to this:

“As the land is flood affected it is not desirable to have any habitable area to the ground floor in accordance with the provisions of Section A3 - Development of Flood liable Land. It is also understood that Section A3 recommends filling of the land, which may allow habitable areas to the ground floor but that is not a suitable option. Having no habitable area or external living area to the ground floor is not likely to adversely affect the functionality of the building. Each building will have suitable access to useable open space area which Is located to the rear and side of each building. This space is also complimented by the larger open space to the north and other areas over the site. The large open roofed decks to the first floor have also been suitably positioned and designed to allow overlooking and surveillance of these open space areas. This ensures that the decks and the open space areas are suitably integrated and interconnected.”

Furthermore, the proposal does not result in a mix of dwelling sizes and types with 3 x 2 bed units proposed. With respect to this the applicant has advised the following;

“Much time and effort has gone into the design of the development which has considered potential and desired occupants and the sales market. It is considered that the similarities in the appearance and design and the number of bedrooms is not likely to have an adverse impact. The buildings have been satisfactorily designed and have architectural merit. Only three townhouses are proposed and these are suitably separated and spaced. The floor plans of townhouse 1 and 2 are similar whereas townhouse 3 has generally mirror imaged that of townhouses 1 and 2. The external appearance and design of each on the townhouses are similar, with some variation but as mentioned have architectural merit. The repetition in the design is also not inconsistent with larger and denser recently approved townhouse developments along the Tweed Coast.”

The above variations are not considered to compromise the objectives of these controls, outlined below: • To provide development capacity on larger lots within residential areas. • To retain the residential character in streets and suburbs. • To create or retain quality residential and pedestrian friendly streetscapes. • To provide an alternative form of medium density housing. The variation with respect to having a habitable ground floor room is considered to be acceptable as to comply with this control would result in an unacceptable impact with respect to flooding in this instance. Furthermore, given the number of units proposed in this application it is not considered that the development would have an unacceptable impact relating to a mix of dwelling sizes. It is further considered that the character of approved residential development in the


surrounding area is predominately single dwellings and in this regard, the development as a whole is provided for a mix of dwelling types in this area. The proposed development is considered to be acceptable having regard to these controls. These variations are supported in this instance. Part B Controls: Rear Setbacks c. The minimum rear boundary setback is 5m or the deep soil zone whichever is the greater. The minimum building separation distances must be met. The applicant has nominated the rear setback as being the north site boundary. A rear setback of 5m is required under the above controls, however this has not been provided in this instance, In this instance a rear setback of 4m has been proposed. This is a 1m variation to the above control. It is noted that there is an external living area located within this 4m setback (approx. 1.5m from rear site boundary) however the rear setback calculation rules exclude these areas. A variation has been requested with respect to the 4m setback proposed, with the applicant advising the following:

“It is considered that the variations still achieve consistency with the objectives for the rear setback control. The site has more than adequate area for private outdoor recreation and relaxation. There is also suitable space for vegetation and mature trees with additional landscaping proposed. The variation is not likely to create adverse privacy implications. The allotment to the rear is large open space lot so privacy and overlooking impacts are negligible. There is suitable separation between each townhouse with adequate open space to ensure that privacy is preserved.”

The objectives of this clause are as follows; • To provide an area for private outdoor recreation and relaxation. • To allow space for vegetation and mature trees. • To separate dwellings to achieve privacy. A rear setback variation of 1m is supported in this instance as the variation is not considered to contravene any of the above objectives. There is adequate space on site for outdoor recreation and vegetation. Furthermore, the adjoining allotment is Crown Lands owned and zoned RE1 Public Recreation land, therefore there are no dwellings whose privacy would be affected by the proposal. The variation is supported in this instance. DCP Section A2 – Site Access and Parking Code The proposed development is subject to the provisions of Council's Tweed DCP Section A2 - Site Access and Parking Code with respect to site access and parking. These provisions are detailed below:


Parking DCP A2 requires the following parking spaces for the development as per the provisions of Table 2, as below: Multi dwelling housing (A9): 1 space per 1 bed unit, 1.5 per 2 bed unit, and 2 spaces for 3 or more bedroom units. Plus 1 space per 4 units for visitor parking. The proposed development consists of three x 2 bedroom units and as such generates a requirement for 4.5 parking spaces and .75 visitor parking spaces, based on the above. Each dwelling provides a double garage (2 spaces) to the ground level. One visitor space has also been provided, following a request for further information. Therefore the parking provided on site is in accordance with the controls set out in DCP Section A2. The proposed parking spaces are satisfactory. Access The subject application has been reviewed by Council's Development Engineering Unit with respect to the vehicular access proposed to service the proposed development, which is to be provided via the existing car park established on site. The following specific comment has been provided:

Access to the proposed development is via the existing car park which services the adjoining Cabarita Lake Apartments. The existing car park has two existing access points onto Tamarind Avenue, which are 6m in width. The proposed access is considered adequate.

Access to Townhouse Development

This matter was further queried with the applicant who has provided advice from their surveyors stating:


“We refer to your email message dated 12 February, 2016 and note that the above described land (Lot 53 in SP91510) is part of Strata Scheme SP76700. A copy of the Certificate of Title for the Common Property in SP76700 is attached which confirms same. Every lot within Strata Scheme SP76700 has the right to access and use common property areas. SP79344 created the existing common property driveway/carpark area that currently surrounds the existing resort building. Hence the owners of Lot 53 in SP91510 have full access rights over this common property area. They also pay towards the maintenance and upkeep of the common property driveway, their share being equivalent to their unit Entitlement Value.”

Having regard to this advice, the access arrangements for the site are considered to be acceptable, with it also being noted that the application has been lodged over SP76700 through which access to the public roadway is to be provided. The proposed development is considered to comply with the applicable provisions of DCP Section A2. DCP Section A3-Development of Flood Liable Land Council’s GIS indicates that the subject site is susceptible to flooding, with the 1 in 100 year flood level as well as the Probable Maximum Flood (PMF) level and low flow rates. The proposed development has been reviewed by Council’s Flooding Engineer (See comments under LEP Clause 7.3 & 7.4 assessment elsewhere in this report) who has raised no concerns with the proposal from a flooding perspective subject to the application of appropriate conditions of consent. It is not considered that the development would result in any unacceptable impacts with respect to flooding. As such the proposed development is considered to be consistent with this section of the DCP. DCP Section A9 – Energy Smart Homes Policy DCP Section A9 aims to ensure residential development utilises energy efficient design principles. The applicant has provided a BASIX Certificate (No.664655M_02 dated 10 September 2015). The proposed development is considered to be consistent with the provisions of this section of the DCP. DCP Section A11 - Notification of Development Proposals The application was notified in accordance with DCP Section A11 for a period of 14 days from Monday 19 October 2015 to Monday 2 November 2015. Approximately 20 submissions were received during this time however two of these were subsequently withdrawn. The matters raised within these submissions are detailed further elsewhere in this report.


DCP Section A15 - Waste Minimisation and Management Council's DCP Section A15 aims to minimise the generation of construction/demolition waste and facilitate effective ongoing waste management practices consistent with the principles of Ecologically Sustainable Development. The applicant has provided a basic Waste Management Plan which includes details relating to both the construction phase and the ongoing operational phase of the proposed development. During the operational phase of the development, garbage will be collected via wheelie bins kerbside at Tamarind Avenue. This is considered appropriate and a standard condition requiring adequate waste management arrangements, to the written approval of Council’s General Manager or delegate is recommended to be attached to any consent in the event of approval. As such, the proposal is considered to be acceptable having regard to waste management and the provisions of this section of the DCP. DCP Section B19- Bogangar/Cabarita Beach Locality Plan The site is covered by the Bogangar/Cabarita locality plan. Council has produced this DCP in order to: • Implement development provisions and design guidelines that are specific

to Bogangar/Cabarita Beach; • Provide design guidelines to appropriately manage development within the

subject Bogangar/Cabarita Beach through a single document; • Encourage high quality urban design; • Inform applicants, developers, consultants, Council and the general public

about Councils planning intentions for Bogangar/Cabarita Beach; • Establish a Strategic Planning Framework for the future development of the

study area. The site is located within the ‘Residential Tourist Precinct’ identified in this DCP and demonstrated below:


Residential Tourist Precinct

Precinct objectives The objectives of the residential Tourist Precinct are to:

• Retain the level of amenity for adjacent residential areas and users of nearby recreation areas including Cudgen Lake.

• Ensure that an appropriate density of development is retained, which reflects the existing development in the precinct and surrounding residential areas.

• Contain any tourist development within the bounds of the precinct, ensuring the consolidation of tourist accommodation within this area of Bogangar.

This precinct is identified as containing two areas, with the proposed development being located on “the larger portion is adjacent to Cudgen Lake in the township’s northwest. This land is almost entirely developed with a small area of undeveloped land capable of accommodating future development.” The provided use for this area are consistent with the LEP 2000 zoning, which zoned the land for residential tourist uses. It is noted that residential land uses are now permitted on this land under the Tweed Local Environmental Plan 2014. Beyond this, the DCP goes on to state that ‘Any development in this precinct should reflect the existing character of the precinct, being three storey tourist accommodation” and “The location of the precinct, being mostly adjacent to Cudgen Lake, should be maximised and reflected in the design of any future buildings. Any future redevelopment of this Precinct should be retained for tourist accommodation.”


From this, it is considered that the DCP provides for a higher intensification of development than that proposed under this application as well as limiting the uses to tourist only. The development does not provide for a three storey development, however the townhouses proposed are considered to be an appropriate response to the development controls on the site. It is not considered appropriate to retain the use of this land solely for tourist accommodation given the Environmental Planning Instrument (LEP 2014) which currently applies to the site enables residential accommodation, as provided for in this application. Village Centre Structure Plan It is noted that the site area is also identified within the DCP Village Centre Structure Plan, as identified in Figure 3 below:

Village Centre Structure Plan

With reference to this plan, it is noted that the objective of 3. above aims to “Enhance views to inland water bodies.’ With respect to this, it is noted that the proposal does not compromise views from the locations identified, being located between the view paths. The proposal is not considered to contravene this objective. B19.15 Residential Design Guidelines Under this section of the DCP, there are residential development controls relating to building mass, energy efficiency, roof lines, privacy, security, materials & colours and access & parking. An assessment against these controls is provided below;


Building Mass The proposed development is not considered to result in large unbroken expanses of wall in this instance. The development consists of three detached residential units which is compliant with the provision of this clause to break a building into smaller component parts. It is not considered that any wall or face of a proposed building have a continuous, unbroken length of more than 15m. Energy Efficiency A Basix Certificate has been submitted with respect to energy efficiency for the proposed development which is considered to be acceptable in this instance. On a general level it is considered that adequate ventilation and daylight access is provided to the development. Roof Lines The proposed roof lines are considered to be in accordance with the requirements of this control. In particular it is noted that no flat roofs are proposed and roof pitches are within 45 degrees to the horizontal. Privacy Given the spatial separation between both the three units proposed and from these units to the existing development on site, it is not considered that there would be negative privacy issues associated with the proposal. Security The subject development is considered to be acceptable from a security perspective with casual surveillance provide within the development as a whole, as well as to areas to the north as a result of this development. In particular there are considered to be clear lines of sight through the proposal. Materials & Colours Expansive glazed areas have been avoided as part of this proposal. It is considered that the materials and colours proposed are acceptable. Access & Parking Access and parking provisions are considered to be acceptable in this instance. Basement parking is not proposed, however this is not considered to be necessary given the scale of the development proposal. Access to the site is via an existing driveway crossover, consistent with the intention of the control which requests access to be provided via lanes and secondary streets. B19.16 Building Height This section of the DCP predominately relates to height and building envelope controls.


The height controls for the site are consistent with the Tweed LEP 2014 controls, with the development being assessed as acceptable against these controls. The envelope controls relate to adherence of setbacks and addressing bulk of buildings at the design stage. As outlined elsewhere in this report, the proposal is considered to demonstrate a minor variation to the rear setback which is accepted in this instance. The massing of the development is considered to be acceptable, with the subject site allowing for a substantially increased density in terms of building height and floor space ratio. In conclusion, the development is considered to be generally in accordance with the provisions of this DCP and in particular the site specific controls and objectives.

(a) (iv) Any Matters Prescribed by the Regulations Clause 92(1)(a)(ii) Government Coastal Policy The subject land is within the coastal policy area affected by the NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast. The proposed development is consistent with the objectives, strategies and actions of the policy. Clause 92(1)(b) Applications for demolition No demolition is proposed as part of this application. The demolition of existing structures has been approved under DA15/1004.

(a) (v) Any coastal zone management plan (within the meaning of the Coastal Protection Act 1979) Tweed Shire Coastline Management Plan 2005 This Plan applies to the Shire’s 37 kilometre coastline and has a landward boundary that includes all lands likely to be impacted by coastline hazards plus relevant Crown lands. The subject site is not located on the coastal foreshore and is not affected by coastal hazards. As such the proposed strata subdivision does not contradict the objectives of the plan. Tweed Coast Estuaries Management Plan 2004 The proposed development is not within Cudgen, Cudgera or Mooball Creeks. This Plan is therefore not applicable to the application. Coastal Zone Management Plan for Cobaki and Terranora Broadwater (adopted by Council at the 15 February 2011 meeting) As the subject site is not located within the Cobaki or Terranorra Broadwater (within the Tweed Estuary), this Plan is not considered relevant to the proposed development.


(b) The likely impacts of the development and the environmental impacts on both the natural and built environments and social and economic impacts in the locality Context and Setting The proposal is considered to be acceptable in relation to the zoning of the land as well as the context and setting of the site. In this regard it is noted that the land is zoned for residential purposes and the proposal relates to a three townhouse residential development. There are no detrimental impacts envisaged as part of the proposed development at this location. Amenity Amenity impacts relating to the proposal has been reviewed by Council’s Environmental Health Unit who have raised no concerns with the development subject to the application of standard conditions of consent. Subject to compliance with these conditions it is considered that there would be no unacceptable impacts arising from the development in this instance. Flora and Fauna The subject development was referred to Council’s Natural Resource Management Unit in order to assess potential impacts relating to flora and fauna in this area. In particular, detailed assessment has been provided with respect to bushfire management, Koala Plan of Management, removal of vegetation, landscaping and threatened species management for the Bush Stone-curlew. These matters are addressed in detail below: Bushfire Management Further information was sought from the proponent with respect to bushfire management as there were concerns raised that the Crown Land to the north may be required to be maintained in future as grassland as a bushfire management provision, thus potentially precluding expansion of existing ecological restoration areas at this location. Councils Natural Resource Management Unit have recommended a condition be applied which would remove any obligation/responsibility to manage an asset protection zone between the development and the crown land. Should the level of fire hazard from the Crown Land be increased through, for example, increased planting of vegetation, any activity to manage such a hazard to the proposed development would be required to occur on the development site and the responsibility borne to the landholder of that site. This is considered to be consistent with the Rural Fire Service recommended conditions which require that the development site only be maintained as an asset protection zone. The proposal is considered to be acceptable in this regard. Tweed Coast Comprehensive Plan of Management (TCCKPoM)


Further information was requested from the applicant with respect to addressing the TCCKPoM. In response, the applicant submitted a Koala Habitat Assessment Report (KHAR) prepared by JWA Ecological Consultants and an associated Koala Activity Assessment (KAA). This has been reviewed by Council’s NRM Unit who have provided the following advice:

“acknowledge that evaluation of koala habitat has been undertaken in accordance with the TCCKPoM. In considering the low onsite Koala activity level recorded as part of the KAA it is confirmed that Section 5.9 and 5.10 are not applicable to the proposal. Notwithstanding, the night curfew for domestic dogs and cats as recommended in the proponents KHAR to avoid predation of Bush Stone-curlew will act as a surrogate measure to assist in the recovery of known local koala populations. This requirement shall be imposed as a condition of consent.”

Having regard to the above, the proposal is considered to be acceptable subject to the imposition of appropriate conditions. Removal of Vegetation To facilitate the proposed development a copse of Bangalow Palm are to be removed. It is unlikely that the palms are naturally occurring, rather expected to have been planted as part of the landscaping associated with the original apartment development onsite. Whilst the palms enhance landscape amenity and offer a food resource for native wildlife, the planting of replacement landscape species would be considered acceptable as an appropriate offset. Landscaping The landscaping plan submitted with the original application did not comprise of locally native species. In this regard, a condition of consent would be applied to any approval requiring 100% locally native species. Council’s standard landscaping condition requires 80% locally native species however in this instance Council’s NRM Unit have advised that ‘Given the location of the site being in close proximity to significant natural assets – Cudgen Nature Reserve and Cabarita Lake the species list should comprise 100% local native species.” The proposal is considered to be acceptable in this regard. Bush Stone-curlew Through the Council request for further information, the applicant was required to address the management of Bush Stone-curlew listed as Endangered under the Threatened Species Conservation Act 1995 and previously recorded in close proximity to the subject site. As a component of the Koala Habitat Assessment Report recommendations for the management of Bush Stone-curlew during the construction and operational phase of the development were provided. These measures include:


• Erection of appropriate fauna exclusion fencing around the construction site

and stockpile areas to deter Bush Stone- curlew movement/roosting within activity areas

• Undertake daily inspections of the construction site to detect any occurrence of Bush Stone-curlew. Where Bush Stone-curlew are known to be present construction activity is to be avoided/delayed until the bird/s have moved from the site at their own volition

• Contractors are to be aware of restrictive site based no dog policy during construction and that these restrictions will be enforced

• Keeping of domestic dogs and cats indoors at night during the operational phase of the development

This was reviewed by Council’s Natural Resource Management Unit who have advised the following with respect to the proposal;

“NRM consider the recommended management measures sufficient to avoid development associated impacts on the local Bush Stone-curlew population. The management measures shall be referenced in the conditions of consent to be implemented during the construction and operational phase of the development.”

In this regard, the proposal is considered to be acceptable subject to the application of appropriate conditions of consent. As outlined above, there has been a detailed assessment undertaken by Council’s Natural Resource Management Unit with respect to the impacts on flora and fauna associated with the proposed development. It is considered that subject to the application of appropriate conditions of consent, approval of the application is warranted in this instance. Construction The construction of the proposed development will be subject to standard amenity and hours of operation conditions being included on any consent issued. It is noted that Council’s Building Unit and Environmental Health Unit have reviewed the application and recommended standard conditions of consent with respect to the construction phase of the proposed development. This phase of the proposal will present some interruption to the ambience of the surrounding area, however this is temporary in nature and the amenity of the surrounding area can be adequately protected via appropriate conditions of consent.

(c) Suitability of the site for the development Availability of Utilities and Services Council’s Water Unit has reviewed the proposed development from a water/sewer infrastructure perspective. The following comment has been provided in this regard;


“…whilst the preliminary design detail is scant, it is evident, that with a high degree of assurity, the new internal private sewer lines to service the 3 new units can be designed to complying standards to connect into Manhole BCB/2 via the Lot’s sewer service connection line. The connection point to this service line is within private property. All the internal sewer lines are private, being a Strata Title development, do not become part of Council’s infrastructure and maintenance responsibility. Considering that all the proposed water and sewer infrastructure to service the 3 new units is within private property and under private ownership and care, the development is generally supported on Engineering grounds and consent conditions are recommended as follows:”

From the above it is considered that the proposal is acceptable in relation to water/sewer services.

(d) Any submissions made in accordance with the Act or Regulations Public Submissions The subject application was notified to surrounding properties for a period of 14 days from Monday 19 October 2015 to Monday 2 November 2015. During this time 20 public submissions were received, objecting to the proposal. Subsequently, Council received correspondence from two of the submitters requesting that their submissions and comments be withdrawn. Therefore the issues raised in 18 of these submissions are addressed. The issues raised during the exhibition period are summarised and addressed below: Flooding “The proposed site is a flood prone area. There were two floods during 2011 to 2013 and the flood water lingered for weeks. The enclosed photo showed that the flood water is lapping at the swimming pool fence which is at the bottom left of the photo. Council cannot allow the development to proceed knowing the area is flood prone. Council can be liable for future legal action by buyers of the proposed town houses”


“There is concern that the land of the proposed development was inundated with recent flooding events [2011-13] that came up to the swimming pool. This is well above the proposed development level - surely this is unacceptable under existing flood laws? In addition, the development land is seasonly water laden and soggy underfoot sometimes for weeks on end.” “How can the occupiers of those townhouses take refuge next door when all of the three townhouses are flooded? They may need to swim across to the main building to get refuge on higher level on level 3 and 4 of Cabarita Lake apartment.” “There will be issues concerning access by essential services for example, ambulance, fire fighters ( it can happen during flood ), plumbers and electricians during flood.” Resident at 71 Tamarind Avenue raises the following issue pertinent to their property “My property is the lowest on Tamarind Avenue and any run off goes through the back of my property and follows a drain across the vacant land behind my property to the Cudgen Lake. Any development of this area will see a bank up of water that will definitely flood my home which is a concrete slabground level floor. Last flood saw over 1m of water through the house, $118,00 repair bill and 4 months in alternative accommodation. Any rise in the water level over 100ml enters the house and an impediment or built up development behind me will see flooding on a regular basis as there will


be no run off. Unless Council can assure me this will not occur my strong objection remains in place.” “This area has been designated a flood plain. When we are all inundated with water from the excess run-off from all these extra buildings what help will you offer to save the ‘creatures’ on Tamarind Avenue.” Applicant Response The submissions have indicated and demonstrated that the site is flood affected and the development may increase this risk. The development has been satisfactorily designed and positioned to minimise the flooding risk and severity on the site and locality. The habitable floor levels to each townhouse comply and these levels also provide a compliant flood refuge. The enclosed areas below the habitable floor level are also satisfactory and have been minimised and do not comprise any habitable areas. Filling of the land is not desirable as previously justified in this submission. Council Officer Assessment As outlined elsewhere in this assessment report, the subject development area is flood liable, with the 1 in 100 year flood level as well as the Probable Maximum Flood (PMF) level and low flow rates affecting the site. Council’s Flooding Engineer have reviewed the application with respect to the appropriateness of the proposed development and raised no concerns with the proposal from a flooding perspective subject to the application of appropriate conditions of consent. The proposal is therefore considered to be acceptable with respect to Council’s flooding controls, as outlined elsewhere in this report. It is not considered that the application warrants refusal based on the issues raised above. Impact on Natural Environment (Wildlife/Habitat & Recreational Amenity) “There are koalas in the area which frequent that part of land as well. Not to mention the abundance of birdlife who use it. They will all lose they habitat and in turn will affect the ambiance of the whole area. It may as well be standard suburbia. What special about that. Who would want to rent that?” “The proposed town houses cannot be allowed to proceed as they are too close to Lake Cudgen which is a conservation area.” “The Cabarita Lakes Apartments is a resort complex comprising of palm trees, lake views, koalas and some endangered wild life species and is a shared community base lake foreshore to be enjoyed by all. There are many visitors to the foreshore who use it as a picnic spot or use the lake for family activities and water sports. Having 3 town houses along the lake frontage and removal of shrubbery will destroy the character of the area.”


“The design of townhouses in front of a resort development facing the water is not in keeping with the original concept of the apartment/motel complex. It also greatly impacts on the visual beauty of the lake foreshore for all residents and visitors.”

“The close proximity of the town houses to the lake would change the way the birdlife live on the lake edges. The Koala Reserve with the recent regeneration planting of 500 trees to encourage growth of the koala population and strengthen their habitat corridor. Koalas are private will be frightened by the long period of building and may be frightened off the area. Currently koalas are seen in this area and walk round in breeding season. There are currently two pairs of Stoney Curlews, a pair have raised chicks, just behind the swimming pool and near Tamarind Sands Apartments. The Rangers have been informed about these endangered birds. The proposed building period will very quickly drive these birds away. Cudgen Lake and surrounds are experiencing an increase in visitor numbers exploring along the koala reserve and lake, picnicing, sailing, canoeing, fishing and swimming on the small beachin front of the existing apartment complex. A concern has been raised with the planting of shrubs and trees along Crown Land and the fencing off at the site for development, visitors and locals alike assume it's all private land and therefore discourages the free use of Crown land.”

“Wildlife in abundance surround us here and if all this proposed development goes ahead, these animals will be driven away - this is so close to National Park and Reserve, the total proposed development will be like living in suburbia, is this what the Council want - destroy a pristine area to be enjoyed by all? More and more people are using the lake and surrounds, sailing, boating and swimming on the little beach in front of units. The way the Trentelmans have planted scrubs and trees along Crown land and fenced part of the land, (site of development), people look at the green area and assume it's ALL private land thus cutting off the use of Crown land. Koala habitat, work has been done by planting a vast number of trees very close by for the regeneration of trees. If this proposed development goes ahead, Koalas, being very private, will be so frightened to even come near let alone want to traverse the open ground around proposed development site. Koalas are seen in this area and walk round in breeding season, Council have spent monies to put "Beware Koalas" on Clothiers Creek Road - there will be NO Koalas if they are frightened away as our area is a main through a fair. We have two pairs of Stoney Curlews here, a pair have raised chicks, seen numerous times, just behind the swimming pool and at the corner of land at the back of units near Tamarind Sands Apartments. We have told the Rangers about these endangered birds, with this proposed development it will drive these birds away.”

“The proposed landscaping is to remove the existing Bangalow Palm trees which give the Cabarita Lake Apartment its character and beauty, the majestic


Bangalow trees which took years grow to get to that magnificent feature. It was a great effort of the Council to plant those gum trees for Koala’s migration, it would be waste of resources if koalas unsuccessfully migrate around this area due to development of said proposal. The Bangalow Palm trees are majestic trees that gives the Cabarita Lake Apartment the beauty and peace to the place. Removing them is not justifiable as it takes years to grow them. They also absorb a lot of water from that area especially after the flood. The beautiful palm trees compliment the Cabarita Lake Apartment and the Cudgen Lake. Some of those Palm trees are breeding nests for some local birds.. Furthermore, there is a family of Stoney Curlew nesting in that area. Their main diet consists of insects and other invertebrates, disturbing their habitats will definitely decrease their chance of breeding. They have become very rare due to the disturbance and predation. And as far I know they are listed as “threatened species”. There’s also hundreds of swans, ducks, frogs to name a few which habitats the Lake. It would be sad to see them gone once the noise of the building started. The verandah of the proposed townhouses are very close to the Crown land and the lake, these will be used to socialize at night and will impact on breeding and feeding of swans, ducks, Stone Curlews (nocturnal feeders), and other wild life.” Applicant Response The submissions received have indicated concern for the existing natural environment at the locality, which is understandable considering the natural attributes of this locality. The subject site itself is largely grassed with some palm trees scattered. As such loss of vegetation is minimal. The development proposes extensive landscaping largely comprising native species which will enhance the site and complement the existing natural environment at this locality. In addition consideration has been given to the local Koala population and habitat and the Bush Stone Curlew. A Koala habitat assessment has been undertaken which concludes that the development will not remove any preferred Koala habitat or food tree. On that basis a habitat restoration plan or further assessment of Koala habitat is not required. A Bush Stone Curlew Management plan has also been undertaken in order to minimise potential impacts on the Bush Stone Curlew. Council Officer Assessment The subject application has been reviewed by Council’s Natural Resource Management Unit with respect to ecological impacts associated with the proposed development. In this regard, further information was sought from the applicant, including in relation to the Tweed Coast Comprehensive Koala Plan of Management and Bush Stone Curlew, two matters identified in the above submissions. The applicant has provided a response on these matters including a Koala Habitat Assessment Report which includes management recommendations for


the construction and operational phase of the development for the Bush Stone-curlew. These are detailed further elsewhere in this report. The subject application is considered to be acceptable subject to the application of appropriate conditions of consent. The development site is located approximately 80m from Cudgen Lake which is considered to be an appropriate separation between the uses and would not lead to any unacceptable impacts as outlined in the above submissions. The removal of palm trees has been reviewed by Council’s Natural Resource Management Unit who have advised that “Whilst the palms enhance landscape amenity and offer a food resource for native wildlife, the planting of replacement landscape species would be considered acceptable as an appropriate offset. Replacement species are to be reflected on the revised conceptual landscape plan.” The proposal is considered to be acceptable in this regard. Having regard to the issues raised above, it is not considered that the application warrants refusal in this instance. The applicant has proposed measures to mitigate ecological impacts (in particular Koala and Stoney Bush-Curlew) which have been determined as acceptable by Council’s Natural Resource Management Unit. Loss from Views from Cabarita Lakes Apartment “the occupiers/tourists on ground floor, level 1 and level 2 of Cabarita Lake Apartment (CLA) will lose their views of the lake. The ones on level 3 may not lose their views but please don’t forget that there’s some occupiers/tourists on ground level, level 1 and level 2, not counting the occupiers/tourists on the swimming pool.”

“Levels one and two will only look into proposed townhouses and drive ways, not very pleasant from what they have now, which is, a view of the lake uninterrupted and wildlife. Level 3 the topmost will only look into proposed townhouses and 3 units will have a view of the roof of proposed townhouses and distant hills - NO views of the lake.” “..height does not take into consideration view disruptions to levels 1 & 2 of existing Cabarita lakes apartments SP 76700.”

“The 3 town houses will obliterate the view to Lake Cudgen from ground, level 1 and significantly level 2 of Cabarita Lake Apartments.”

“I wish to vehemently object to this application. I own unit 24 in the apartments. My unit is on the first floor and. The visual nature of three townhouses in front of a resort development facing the water is not in keeping with the original concept of this remarkable apartment/motel complex. It is also character destroying of the lake foreshore for all tweed residents and visitors who currently enjoy this beautiful part of Tweed Shire / NSW.”


“My unit is on the first floor approx. 2.4m of the ground. The highest point of the proposed townhouses is 7.324m of the ground. therefore completely obstructing the lake views from my unit. This is totally unacceptable as we all bought these units because of the views, tranquillity and location to the lake. All of which will be destroyed by the construction of the townhouses. The restriction of the views will also have a big impact on the ability to rent the units, as it is one of, if not the biggest reason people go there. After all, it is called Cabarita LAKE Apartments. Not Cabarita TOWNHOUSE Apartments. Who would want to stare at the back of that.”

“It is impossible to say that there will not be a 100% visual impact for the entire complex, fundamentally altering lake views for everyone.”

Applicant Response It is accepted that some views will be lost. Many residents from the apartment building have enjoyed expansive and uninterrupted views over the crown land and lake to the north for many years. But the subject land over which they look is zoned for residential purposes and future development is inevitable and some loss of views would be expected. The development has been designed to ensure minimal loss of views. This is achieved by having a relatively low scale development of three detached townhouses which are suitably separated and orientated north-south. This then ensures that reasonable view corridors are maintained between the buildings.

Council Officer Assessment The above submissions from owners of units within the Cabarita Lakes Apartment object to the proposed development on the basis that they will lose views of Cudgen Lake to the north of the site. The subject development application is for the provision of three townhouse units along an approx. 50m frontage. Each of these units has a maximum width of 8.5m and height of 7.3m and as such they are not considered to be excessively bulky developments or to interfere acceptably with existing development in the area. The proposal represents a development of residential units on land zoned for that purpose (R1 General Residential) and is not considered to warrant refusal based on the issues raised in the public submissions. Refusal of the application based on a loss of views is not considered to be warranted. Use of Cabarita Lakes Apartments/DA10/0160 - Change of use from motel to combined motel and permanent residential apartments Many submissions raise issue with respect to the approved use of units within the Cabarita Lake Apartments development to the south. In particular concern is raised that these units were sold as being residential units, despite the contributions required to be paid under the above DA to enable this use not having being paid.


These submissions are not considered to raise a substantive planning objection to the development proposal currently before Council. Instead, matters concerning the sale of property would be a civil matter between the vendor and buyer of the various properties. The question is raised in many of these submissions as to whether the proposed units are for residential or tourist use, with concern that if they are for tourist use future owners may be ‘mislead’ on the matter. In this regard, the application proposes three residential units, with no tourist use proposed as part of this application. Many submissions also raise the issue that at the time of purchasing their units they were assured that there would be no development on the vacant land to the north. Any previous assurances such as this are not considered to be a substantive planning matter and would again, instead be a civil matter between the submitters and the vendors in the event that such assurances were provided. Body Corporate Matters & Owners Consent Many of the submissions received also raise concerns in relation to the Body Corporate of the Cabarita Lakes Apartments, including in relation to the owner’s consent provided, the use of common facilities (including swimming pool), the amending of a strata lot boundary and a perceived conflict of interest as two of the owners (one of which is the applicant) have control of the body corporate. In the main, these are not matters for consideration under a development application for the development of three residential units on site. With respect to owners consent, the subject application was submitted with stamped common seal of the owners of the necessary Strata Plans as well as the Minutes of the AGM. In this regard, it is considered that the necessary owners consent has been provided to Council in order to receive and determine the subject application. Site Access & Parking Issues were raised in relation to a lack of visitor parking associated with the proposal and at the Cabarita Lakes Apartment generally. Furthermore an issue is raised with respect to access which outlines the following; “The access that is being created for the proposed townhouses are right in front of my access to my two ground level car parks I am sure it will obstruct my two space garage and will make it very dangerous to turn into for me.” Applicant Response The proposed development satisfactorily provides both resident and visitor parking in accordance with Council DCP. It is unlikely that three townhouses would significantly increase vehicles numbers that would create an adverse disturbance to the site and locality. Adequate parking is provided and satisfactory driveway access to and from the site is achievable.


Council Officer Assessment Further information was sought from the applicant for the provision of one visitor parking space to service the proposed development. Amended plans have been submitted which demonstrates the provision of this space which is compliant with the requirements under DCP Section A2 and is therefore considered to be acceptable. It is not considered appropriate to retrospectively require that additional parking be provided to service the Cabarita Lakes Apartment development. With respect to access, from the submitted plans there is a distance of approximately 7m between the proposed (internal site) access and vehicular access at this location which is considered to be an appropriate separation distance. The matters raised above are not considered to warrant refusal of the application. Adequacy of Site Infrastructure & Impact on Cabarita Lakes Apartments during Construction “…the developer is going to save money by just tapping into the existing essential service supply namely the water and sewerage from Cabarita Lake Apartments. This situation cannot be allowed to happen by the Tweed Shire Council as it will overload our system.”

“They are planning on connecting into all water, sewer, power and telecommunication supplies associated with the Apartments which will cause disruption to the current occupiers.” “Impact on the business of Cabarita Lake Apartment (CLA); ceasing of water and electricity while the townhouses are getting build; decrease or non rental of CLA for the duration of townhouses getting build (who would want to stay in a motel with constant noise from building constructions?); occupiers/tourists/owners come to CLA to getaway from the noise of the city.” Applicant Response The proposed development will connect to existing infrastructure services including sewerage and water. These services would appear to satisfactory accommodate the demand from the proposed development. Section 64 monetary contributions would also be applicable should the development be approved which will contribute to maintaining and upgrading those services if required. On site services are deemed satisfactory will need to be installed and maintained by the developer and future owners. Construction times It is agreed that construction times will be in accordance with Tweed Shire Council restricted construction times and any consent conditioned accordingly.


Council Officer Assessment The subject application has been reviewed by Council's Water Unit and Development Engineering Unit with respect to the provision of essential services including water and sewer infrastructure. It is noted that the proposal is to connect into the existing site infrastructure and no issues have been raised in this regard by Council officers. It is considered that any disruption to the provision of services would be temporary and limited to the construction phase of the development. This is not considered to raise sufficient planning grounds to warrant refusal of this application. Impact of Development on 2-8 Willow Avenue (Lot 618 DP 508200) A detailed submission has been received specifically relating to impacts from the proposed development on the property to the west of the site, being 2-8 Willow Avenue. This raises the following objections to the proposal; “Setbacks The proposed development fails to meet both side and rear setbacks outlined within Part B - Town Houses and Row Houses of Section A 1 of the TCDP 2008.

Side Setbacks. The plans of the proposed development clearly indicate the development will encroach on the side boundary. Under the TDCP 2008 the development must comply with the following control;

b. 2 storey Town Housing is to be set back a minimum of 1.5m from the boundary line to the wall of the building. Guttering, eaves. hoods and other similar structures may be constructed within the 1.5m but not closer than 900mm from the boundary.

The development has failed to comply with the setback or provide any additional mitigation measures. As a result the development does not conform to or respect the desired outcomes or objectives sought though the TDCP 2008. The development fails to facilitate visual and acoustic privacy between the neighbouring lot. The second story decking, with no added screening, will severely impact on the adjoining landowners privacy. The applicant also neglects to even provide justification regarding the encroachment and does not even seek a variation. As noted in the shadow diagrams, the proposed development creates significant shadowing over our clients property. The shadow diagrams clearly outline that during winter the development will provide the most shadow over the adjoining property. It is considered if the development complied with the above controls the impacted caused by the shadowing would be reduced.


Rear Setback In addition to the encroachment on the side setback, the development also encroaches on the rear setback. The development has only provided a setback of 4m to the wall. It is noted the deck on the second story is only setback 1.8m from the rear boundary. The control states the development must be setback 5m or the deep soil zone whichever is greater. Under the Deep Soil Zone TDCP 2008 Controls, the rear deep soil zone must have a width of 10m, therefore the rear setback should be 10m. The request to reduce the setback is for 6m is seen to be significant and overall inconsistent with the surrounding development. To the east of the property are a number of residential houses along Tamarind Avenue. Average setback is 8.6m from the rear boundary. The proposed development is inconsistent to the surrounding amenity. The development fails to meet the objectives to ensure sufficient private opens space and privacy for neighbouring lots. The development with both relaxed setbacks would be obtrusive in design and severely dominate the visual aspects from the public domain. External Living Area Throughout the Statement of Environmental Effects the report refers to the adjoining roadway to the west of the development site. It is noted this is not a formal road but part of a private lot and its location is currently under review for potential development of its own, given the zoning it is typically to be residential. As outlined above the proposed development encroaches on the site boundary of the adjoining property. The proposed two storey Town Houses do not even considered the potential visual and privacy impacts it poses on the neighbouring lot. The report even goes on to state that 'The proposed external living areas or desks to each building a suitable located to ensure no overlooking of the like.' This is not considered the case as no infrastructure has been provided to support such a claim. Pursuant to Design Control 7 - Visual Privacy of the TDCP 2008, the development does not comply with the following controls:

a. Terraces and balconies off living areas are generally not to be located above ground floor if they overlook neighbours. b. Living room and kitchen windows, terraces and balconies are avoid a direct view into neighbouring dwellings or neighbouring private open space.

The proposed development has both deck and large windows, directly associated with the living areas, which overlook the neighbouring lot. We consider the encroachment along with the absence of privacy screening will severely impact and limit the use the neighbouring lot. The development does not consider any


objects sought by the TDCP 2008 which provide for intent to provide visual privacy and minimise overlooking of neighbouring dwellings. Not only is the privacy a concern under Design Control 7 - Visual Privacy, the development fails to meet the controls under the Design Control 2 - External Living Areas for screening. External Living Areas control state:

b. External living areas should be suitably screened to achieve visual privacy if located less than 4m from a side boundary.

Decking to the most western town house is only 1.7m from the site boundary and no screening to the deck is proposed. No variations are even sought for or justifications made to how this element of the development complies. We consider this does not comply with the TDCP 2008's overall intent of the zone and the development should comply and consider any future residential development on the neighbouring lots. If the application is to be approved we propose that the western most town house be located to comply with all the controls including the setback and screening of all decking and living areas. We also recommend all windows on the western boundary be double glassed and no opening to ensure that the further residential development on the neighbouring allotment is not affected. Development Plans and Photos A number of issues are noted on the development plans. On Plan SA-01, the property has been incorrectly identified by a dotted red line. This falsely gives the impression the town houses are on a large vacant allotment. The Statement of Environmental Effects illustrates a number of photographs taken from various angles on the site. It is noted the on Page 20 the photo captioned with "Looking west from the subject site" is incorrect. It should be noted the photos is taken from Crown land looking out to Crown Land. It does not clearly depict the neighbouring allotment or the buildings on either site. Additional photographs should be taken to clearly depict all aspects of the property and neighbouring lots. Outlined within the engineering plans, the sewer line noted as being located on the site of the development proposed. It should be noted this is not the case. The sewer line actually runs within the neighbouring allotment west of the property boundary. The development has also incorrectly identified a number of trees on the neighbouring allotment. An updated areal image from nearmaps clearly shows no vegetation on the north eastern corner of the neighbouring lot. This will only add to the obtrusive nature of the development to the neighbouring lot. Disturbed Amenity It is noted the structures on our clients land to the west of the proposed development are currently used as a restaurant. We are concerned that the


construction of the proposed development will adversely impact on the continued operations of the restaurant. If the development is to go ahead we request the construction times be restricted with limited to no construction on Thursday and Friday afternoon and Saturday Morning. We also believe no work should occur on Sunday or Public Holidays. If construction is to occur outside these times it will severely affect the livelihood of the business. It is considered the proposed development does not take into consideration the proximity to a commercial business. Our client owns and lawfully operated the restaurant in accordance with the conditions of approval given. The applicant has not provided an acoustic report for the noise generated from the restaurant and the potential effects this has on the proposed residential development. Considering the development has also sought reduced setbacks, and lax screening to the external living areas, an acoustic report would be paramount in ensuring the future residents are not impacted upon. We request the applicant provide an acoustic report on the effects on the residential development from the neighbouring commercial activity.” Applicant Response • Setbacks The side setback is now compliant. In regard to rear setback a variation is sought and deemed to be justified. The submission by the Planning Consultant objecting that the rear setback is not consistent with the rear setback distances of the residential houses along Tamarind Avenue has failed to mention the different circumstances of those properties and the subject site. Those residential properties along Tamarind Avenue have residential zoned land to the rear that would be subject to future development hence satisfactory rear setbacks will ensure that privacy and the residential amenity is maintained. Whereas the subject site has crown land to the rear zoned RE1 Public recreation. Hence the proposed rear setback variations are unlikely to create adverse privacy or amenity implications. • Shadowing A submission has indicated that the development will have significant overshadowing to the property to the west during winter. The submitted shadow diagrams clearly indicate that the property to the west will be overshadowed at 9am. But at the times of 12pm, 3pm and 4pm the development will not overshadow the property to the west. As such this is not considered to be significant overshadowing and this objection is not justified. • External living area Concern is raised in regard to visual privacy from townhouse 1 and in particular the external living area to the site to the west. The proposed development now satisfies the minimum setback requirement from the side boundary. Townhouse 1 has also been suitably designed and positioned


to ensure minimum overlooking and privacy impacts to the property to the west. It has been designed with only two small openings to the upper floor facing the west, which are not primary openings. All primary openings, including the external living area have been orientated to the north away from private properties. • Acoustic report A submission has asked for the preparation or an acoustic report given the proximity of the commercial development on the property to the west. It is considered that this is not deemed reasonable or warranted considering the nature of that commercial development. It is unlikely that the commercial development and its approved use will have an adverse impact on the proposed development. Council Officer Assessment The above submission raises a number of objections to the proposed development. With respect to setbacks, it is noted that the side setback is now in accordance with Council controls as townhouse 1 has been relocated away from the west site boundary. The rear setback is subject to a variation to the DCP Section A1 controls which is addressed in detail elsewhere in this report and is supported by Council officers in this instance. With respect to the external living areas controls, it is noted that proposed townhouse 1 has been relocated away from the adjoining site boundary. Furthermore, a condition of consent would be applied to any approval requiring that external living areas be screened when located within 4m of a side boundary in accordance with DCP A1 controls. It is considered that in the main, these external living areas are orientated north, and would not have an unacceptable impact on the adjoining property to the west. Standard conditions of consent would be applied in relation to hours of construction. It is not considered reasonable to prohibit construction on Thursday or Fridays as requested. With respect to the request for an acoustic report, it is noted that the application has been reviewed by Council’s Environmental Health Unit who have not deemed such a report as necessary in this instance. The issues raised in this submission are not considered to warrant refusal of the application. It is noted that some of the concerns have been mitigated through design amendment such as relocation of townhouse 1. The overlooking/amenity concerns are considered to be addressed through the application of a condition requiring screening. The issues raised in relation to acoustic reports and hours of construction are not considered to be have merit in this instance.


Glare/Heat from Townhouse Roofs “Also, the roofs of the townhouses are to be colourbond surfmist and angle towards our apartment complex. Which is basically offwhite by anyones standards. So the glare from them would be unbearable, especially during the winter months.” “The glare from these roofs will create more warmth adding to this, the units face the setting sun so it will increase the warmth for all units. This is deplorable for all units. The new proposed development will also divert the breezes cooling all units, thus making it hotter again in the lower ground levels.” Applicant Response None provided. Council Officer Assessment The above comments are noted. A standard condition requiring that roof cladding is to have low reflectivity where they would otherwise cause nuisance to the occupants of buildings with a direct line of sight to the proposed building, thus mitigating the above concerns. Devaluation of Property Four submissions received from owners within the Cabarita Lakes Apartments have objected to the proposal on the basis that the proposed development would devalue their property. This is not considered to be a substantive planning consideration which would warrant refusal of the application. Applicant Response This is difficult to determine or quantify. Council Officer Assessment Devaluation of property is not considered to be a substantive planning issue which would warrant the refusal of the development application. Impact on Cabarita Lakes Apartments Manager “the new Manager of our apartments will suffer severely by this development because the majestic views will no longer be there by this proposed development, thus severely reducing his capacity to earn a profitable living from the Motel side of the complex. What person wants to stay in a unit looking into the back of townhouses instead of the lake.” Applicant Response None provided.


Council Officer Assessment This is not considered to be a substantive planning issue which would warrant the refusal of the development application. Advertisement of Development Application “Why has there been no notice posted on or near the property as part of the development process?” Applicant Response None provided. Council Officer Assessment The subject application was notified to surrounding properties as part of the public exhibition process. The nature of the application (three townhouse development) on land zoned for residential development does not trigger the requirement for full advertising under Tweed Shire Council DCP Section A11. Integrated Development One submission queries how the development is not an ‘Integrated Development’ given its location adjacent to Crown Land, on flood liable land and which impacts on views. Applicant Response None provided. Council Officer Assessment Integrated development, for the purpose of planning approval relates to a specific development type which also requires/requests approval under other (non-planning) legislation. For the purposes of assessment, the application has not been lodged as Integrated development. No. of Townhouses Proposed “3 townhouses my foot. The plan shows at least 8 and no doubt this is not the last of them.” Applicant Response None provided. Council Officer Assessment The application currently before Council proposes three townhouses. The submitted documentation is consistent with this. It is not possible to assess this


application based on a possibility/presumption that there would be further development in the future. Public Access to Cudgen Lake “(the applicant) has already planted trees to restrict public from accessing the lake and the Crown land via the restaurant (the Lake) by planting trees along their boundary and continued onto the Crown land with signage stating “KEEP OUT”. Applicant Response None provided. Council Officer Assessment This is not considered to be a substantive planning issue which would warrant the refusal of the development application. It is noted that the application has been lodged over private land and not Crown land. Public Authority Submissions The application was referred to the RFS under Sec 79B of the Environmental Planning and Assessment Act. The RFS undertook detailed assessment of the application and have provided recommended conditions of consent with respect to the proposed development. These are considered appropriate and have been applied.

(e) Public interest The proposed development is generally consistent with relevant environmental planning instruments and Council policy requirements. The proposal is considered suitable for the subject site, given its permissibility at this location. The subject site is zoned to provide for residential use which is considered to be provided by this development. As such the proposal is considered to be in the public interest.

OPTIONS: 1. Approves the development application subject to recommended conditions of consent;

or 2. Refuses the development application for specified reasons. Council officers recommend Option 1. CONCLUSION: The proposed development is consistent with the relevant environmental planning instruments, and Council policy requirements. The proposal is considered suitable and appropriate for the subject site, given its permissibility and residential nature on a suitably zoned site. As such the proposal is considered to be in the public interest.


COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: Not Applicable. c. Legal: If the applicant is dissatisfied with the determination of this application, they may appeal the decision to the Land and Environment Court. d. Communication/Engagement: Not Applicable. UNDER SEPARATE COVER/FURTHER INFORMATION: Attachment 1 Approved Plans for Development Consent D87/0874 (ECM

4133007)


11 [PR-CM] Filming on Private Land SUBMITTED BY: Strategic Planning and Urban Design

Validms



development proponents, the natural environment and those in the community affected by the proposed development 3 Strengthening the Economy 3.1 Expand employment, tourism and education opportunities 3.1.6 Support creative practitioners and entrepreneurs to access professional and business development opportunities, to enhance their

contribution to the creative economy

SUMMARY OF REPORT:

This report seeks Council endorsement for the preparation of a planning proposal to amend Tweed LEP 2014 to permit filming with development consent on rural zoned land for extended periods. With implementation of the ‘Standard Instrument Template’ and conversion of Tweed LEP 2000, changes introduced into Tweed LEP 2014 have unexpectedly altered the permissibility of some filming activities within the LEP’s closed zones. As a consequence, long-term filming productions are technically prohibited. The potential benefits of having the Tweed promoted as a destination and the multiplier effects of longer term movie production for the Tweed are considered to be significant. The Department of Planning and Environment has offered support to expedite the making of this amendment. Preparation of this planning proposal will require its addition to the work program of the Strategic Planning and Urban Design Unit, but would be treated as a priority. RECOMMENDATION:

That: 1. The Tweed Local Environmental Plan 2014 be amended to permit filming, with

development consent, on rural zoned land within the Tweed Shire local government area, and


2. A planning proposal be prepared detailing the extent of the required amendment(s) to the Tweed Local Environmental Plan 2014, and

3. The Planning Proposal is to be forwarded to the Department of Planning and

Environment for a Gateway determination at the earliest time.


REPORT:

Through discussion with film industry representatives it has come to light that changes made to the Tweed LEP 2014, through implementation of the ‘Standard Instrument Template’, have unexpectedly altered the permissibility of some filming activities within the LEP’s closed zones. As a consequence, long-term filming productions are technically prohibited. Closed zones are those, like the Rural zones, where the only uses permitted are explicitly described in the zone table. In contrast, ‘open’ zones, such as the urban zones, describe those uses which are expressly prohibited and with respect to those uses that are neither expressly prohibited or described as permitted within the zone schedule are by default deemed to be permissible with consent. Guidelines prepared by the Department of Planning and Environment prevented councils from listing the definition of ‘filming’ within the zones schedules with the effect that in the closed zones this use is automatically prohibited, whereas in the open zones it is automatically permitted with development consent. There are some limited exceptions to this rule, such as defined in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Code SEPP). It appears that the Department was confident that the provision of this SEPP would streamline approval process and support the filming industry in NSW, and for those productions in the open zones or of a limited duration it is effective. However, this approach has had a prohibitive effect for longer-term productions, and this was clearly an oversight. This report seeks to address this situation through a relatively minor interim amendment to Tweed LEP 2014, requiring the definition of ‘filming’ to be included under clause 2.8(4). Clause 2.8 permits temporary development of any kind, and overrides the land use tables. It does however limit the duration of development for a period of 52 days within any 12 month period. Under this clause, minor exceptions to a small class of described development can be approved for a longer period having regard to the nature of the development as a whole. For example, a ‘sales (real-estate)-house’ within a newly constructed housing estate can be approved for a longer period, at the end of which the use must cease. The proposal is to include ‘filming’ within these exception uses, to enable filming productions to be approved for defined time period and following which must be decommissioned. Due to the stunning contrasts from cane covered alluvial flats to rugged ranges covered in world heritage rainforest surrounding Mount Warning/Wollumbin, the Tweed is recognised as an idyllic setting for TV and film production of varying length. Notwithstanding any vagaries in the Tweed’s climate, production times can be well in excess of those currently permissible, and while the demand for film production is low by contrast to other industry/uses the potential benefits of filming for promoting the Tweed as a destination, and boosting widespread economic benefits are likely to be significant. The Local Government Filming Protocol 2009 points out that the film industry has a long and distinguished history in Australia, with more than 1,400 film and television related businesses located in New South Wates, employing more than 6,800 people and generating income in the vicinity of $1.3 billion per annum. The multiplier effects of this industry are very large and provide substantial economic benefits to the State.


SUMMARY OF POLICY FRAMEWORK Tweed LEP 2014 Under Tweed LEP 2014 clause 2.8, Temporary use of land, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days in any 12 month period. While filming was not a prohibited landuse under Tweed LEP 2000, with conversion of the LEP into the format mandated under the Standard Instrument Template filming became a prohibited landuse with the Department of Planning and Environment’s LEP Practice Note PN 11-0003 specifically identifying ‘filming’ as a term not to be used in the Land Use Table. The reason for the prohibition brought about by the ‘open’ and ‘closed’ construction of the zones was discussed above. Code SEPP In addition, further limitations currently apply under Part 2 Exempt Development Codes Division 3 Subdivision 4 Filming of the Code SEPP, which states that if filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12 month period. Filming Related Legislation Amendment Act 2008 The Filming Related Legislation Amendment Act 2008 was passed to make NSW more Film Friendly, with a range of other related regulatory and administrative changes made to enhance location based screen production, and to attract and maintain domestic and international film, television and TV commercial production. While the intention of this legislation supports the notion of filming, the practicalities of filming have not been fully addressed in the legislation, making it difficult or impossible to acquire consent to undertake filming over extended periods, as may be required for major filming and television projects. Local Government Filming Protocol 2009 The Local Government Filming Protocol 2009 prepared by the Department of Local Government to reflect the significant changes arising from film reform notes that there is a presumption that councils will grant approvals relating to filming projects, and to ensure that film productions are to occur, unless there are exceptional circumstances or legislation requires the council to refuse to grant the approval. The Protocol goes on to state that the NSW Government is committed to ensuring that the environment in New South Wales is one that encourages the screen industry by, in part, strengthening support for location filming and removing unnecessary red tape affecting the New South Wales film and television industry. Notwithstanding the intention of the NSW Government to support the film and television industry, the limitations imposed under the Code SEPP and mandated through the Standard Instrument Template fly contrary to this stated intention; a matter that has been raised directly with the DP&E, and one that they have committed to assist Council to resolve expeditiously.


Response from the Department of Planning and Environment Advice has been received from the Department of Planning and Environment dated 6 June 2016 which acknowledges the current limitations of the Code SEPP, which while consistent with the NSW Local Government Filming Protocol of 2009 has provided an option to resolve this matter permanently. The Department has proposed that Council consider the preparation of a planning proposal to amend clause 2.8 of the LEP to extend the timeframe for which temporary uses of land can be undertaken or to remove any specific maximum time limit for filming activities. Support from the Department’s Northern Region office has been offered as a means of facilitating this change as quickly as possible. While the Department is proposing that Council amend its LEP, it has also advised that it will also need to consider the issue further to determine whether an amendment to the SEPP is warranted, which if it was to progress, would be part of a future review and may not occur for some time. OPTIONS: 1. That a planning proposal be prepared amending Tweed LEP 2014 to facilitate filming

for periods in excess of those specified; the officer’s recommendation, or

2. That current LEP provisions be retained. CONCLUSION: The potential benefits of filming in the Tweed are significant, both from the point of promoting the tweed as a destination and flow-on economic benefits. Translation of Tweed LEP 2000 under the Standard Instrument Template has resulted in unexpected changes to the permissibility of some filming activities within the LEP’s closed zones. With support of the Department, preparation of a planning proposal will rectify this anomaly. Preparation of a planning proposal will require its addition to the work program of the Strategic Planning and Urban Design Unit, but would be treated as a priority. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: No major impact on current Strategic Planning and Urban Design Unit work program c. Legal: Not Applicable.


d. Communication/Engagement: Empower-We will give the community greater opportunity to participate in a transparent flow of information and feedback to Councillors who have been empowered as the Community representatives to make decisions in accordance with the Local Government Act 1993. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


REPORTS FROM THE DIRECTOR COMMUNITY AND NATURAL RESOURCES

12 [CNR-CM] Murwillumbah Mural and Graffiti Walk and River Bank Restoration

SUBMITTED BY: Natural Resource Management

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 4 Caring for the Environment 4.3 Maintain and enhance Tweed's waterways and its catchments

SUMMARY OF REPORT:

It was resolved by Council on 21 January 2016 that Council:

"Approaches key stakeholder groups that may be interested in advancing the restoration of the remaining degraded vegetation of the western riverbank from the Coolamon Centre south to the Commercial Road, Murwillumbah boat ramp, to provide a key visitor experience for Murwillumbah and enhance the entrance to the town as well as showcase the magnificent mural and graffiti walk."

This report provides information to Council arising from this resolution to investigate the desirability of undertaking vegetation rehabilitation works on the river bank in Murwillumbah, between the Coolamon Centre and Commercial Road boat ramp. The report summarises recent and forthcoming works within the subject area, feedback on the concept from a number of key stakeholders and the likely cost of proceeding with a comprehensive project. It is considered that undertaking vegetation rehabilitation across the 1700 metres of river bank comprising the subject site would not provide good value for money in terms of biodiversity or aesthetic and amenity outcomes. RECOMMENDATION:

That Council receives and notes this report on the Murwillumbah Mural and Graffiti Walk and River Bank Restoration.


REPORT:

It was resolved by Council on 21 January 2016 that Council:

"Approaches key stakeholder groups that may be interested in advancing the restoration of the remaining degraded vegetation of the western riverbank from the Coolamon Centre south to the Commercial Road, Murwillumbah boat ramp, to provide a key visitor experience for Murwillumbah and enhance the entrance to the town as well as showcase the magnificent mural and graffiti walk."

Background The community group, Earth Learning has undertaken a vegetation restoration project on the river side of the levee wall in McIlrath Park, Murwillumbah, with funding from the National Landcare Program. Earth Learning engaged a contractor to remove weeds and plant native vegetation over a 130 metre section of river bank, with additional activities including painting a mural on the river side of the concrete levee wall. Council has provided in-kind support to Earth Learning by removing a number of exotic trees and preparing one side of the concrete levee wall at McIlrath Park for repainting. Earth Learning are finalising their grant funded project and Council has committed to undertaking a small amount of additional exotic tree removal to compliment the outcomes. In addition, Council’s Waterways Program will maintain weed control on the site into the future. It is understood from discussions with representatives from Earth Learning that its vision is to continue removal of weeds and replacement of native vegetation across the entire area of river bank referred to in the Council resolution. The project described above has addressed a small portion of the total area (130m of 1700m) referred to in the resolution of 21 January 2016. Council’s Waterways Program is also finalising plans to upgrade the Commercial Road boat ramp car park, which will include additional river bank erosion stabilisation and planting of native vegetation. Additional stakeholder consultation Council’s Community and Cultural Services Unit has advised that the ongoing management of artworks on the levee wall is in accordance with Council’s resolution that the wall is a dedicated graffiti art site (August 2013). This dedication was made given its historic use by graffiti artists. The installation and removal of graffiti art on the levee wall operates according to an informal management arrangement, overseen by Murwillumbah based graffiti artist Tony Lawrence. Tweed Landcare Inc. has advised that, while it is supportive of the principle of weed removal and increasing native vegetation cover in this area, it is fully committed to existing tasks and would not be able to contribute resources to an additional or ongoing project. The concept of weed control and revegetation of the river bank in this location was put to the Tweed River Committee for comment at its meeting of 8 June 2016. The feedback from the meeting was that the area would constitute a low priority for investment given the low potential for the achievement of significant ecological outcomes. It is considered to be an area of low public use, and it was noted that due to the steep, inaccessible nature of the site


it would be classified as high risk for works. The Committee considered that better rubbish control in the area would provide a better outcome. Recreation Services has advised that it maintains three parks within the area of interest; McIlrath Park, Newell Park and Nicholl Park. Consultation with Recreation Services confirms that the existing budget for maintenance of these areas could not support the expense of vegetation restoration on the river bank from Nicholl Park to the Commercial Road Boat Ramp. Consultation with Economic Development Unit confirms that while the principle of the project is supported, no funding exists within that unit to contribute to a work program for weed removal and native vegetation management. It was noted that a key project for this unit is delivering the public art project that has been funded by Council to create an attractive welcome to Murwillumbah and to entice visitors to the CBD. Estimated cost of river bank vegetation management As noted above, the total area considered for works in the resolution of 21 January 2016 is 1700 metres. To estimate a total cost for weed management works and native planting across the total site, it is possible to extrapolate the costs of working within the 130 metres of McIlrath Park over the past year. The total costs of primary weed control, planting and maintenance was $9,600. An additional $5,000 was spent on removal of several exotic trees. Exotic tree removal is expensive in this area as machinery access is constrained by the presence of the levee wall. Once limbs and trunks are removed they need to be relocated to the road side of the levee wall for chipping, which also requires traffic control. Given that the level of weed growth and exotic tree presence is reasonably consistent across the site, and that site access constraints are either equivalent or worse than at McIlrath Park, it is considered that for the purpose of estimating a total allocation required to bring the area up to a non-weed dominated standard, the sum of $14,000 per 100 metres could be used. This amounts to $238,000 for primary works over the full 1700 metres. To maintain the outcomes of the project a minimum of three years maintenance would be required, possibly five. It is estimated that maintenance would cost approximately $1000 per 100 metres per year, and therefore equate to $17,000 per year for the first three years post completion of primary works, or $51,000. OPTIONS: 1. Council notes this report and accept its recommendation. 2. Council request further investigations be undertaken into the area of interest. CONCLUSION: While rehabilitation of native vegetation on river banks is one of the most important tasks that can be undertaken to protect the health of waterways and sustain biodiversity in the Tweed Shire, it is considered that the area nominated for consideration in the resolution of 21 January 2016 is not an optimal place to undertake a large scale environmental restoration project. Due to the presence of the levee wall and surrounding urban areas the


river bank vegetation does not provide core habitat, nor does it provide an effective corridor between areas of core habitat. Due to the steep constrained nature of the site, work will be dangerous and expensive, and difficult to maintain in the long term. The improvements to aesthetic amenity that might be gained from this project would be hard to objectively quantify. The river bank in its present condition looks relatively wild and unkempt. It is dominated by exotic species in both the canopy and understory. Replacing exotic species with natives may change the overall appearance of the river bank in the short term, but it is unlikely that it would ever resemble an undisturbed natural river bank, and it is quite possible that after some years it would return to a fairly wild and unmaintained state, not markedly different from the current. There would however be satisfaction to be taken from knowing that the river bank is vegetated with appropriate species, and with promotion this could be seen as a proud achievement for the community of Murwillumbah. The entry to Murwillumbah in the vicinity of Alma Street has long been earmarked for place making and street scaping initiatives to create an attractive welcome to Murwillumbah and to entice visitors to the CBD. For this reason the creation of an attractive entry statement in the form of public art on the Alma Street roundabout is considered to be a priority project to be undertaken by Community and Natural Resources in this area, for the purpose of providing a key visitor experience for Murwillumbah and enhance the entrance to the town. COUNCIL IMPLICATIONS: a. Policy: There are no Council policies with direct relevance to the concept outlined in the NOM. It is noted that the area in which work is proposed would be classified as a dangerous work area and therefore Work Health and Safety regulations will be an important factor to consider in pricing vegetation management. The work described is consistent with broad objectives for improving the health of waterways by removing weeds, however the cost to benefit relationship of working in this area would be poor, with respect to ecological outcomes. b. Budget/Long Term Financial Plan: There are no funds available within current work programs to implement this project. c. Legal: There are no legal impediments to investigating this concept further, or undertaking vegetation restoration work in the area of interest. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


13 [CNR-CM] Private Land Conservation Program SUBMITTED BY: Natural Resource Management

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 4 Caring for the Environment 4.2 Conserve native flora and fauna and their habitats 4.2.1 Promote the protection of native vegetation and wildlife habitat of high conservation value, social or cultural significance in Tweed

Shire 4.3 Maintain and enhance Tweed's waterways and its catchments 4.3.1 Manage water resources sustainably and minimise impact on the environment by achieving more integration of water supply,

wastewater and stormwater services

SUMMARY OF REPORT:

This report details the status of works and community engagement for the second quarter of 2016 under Council’s integrated private land conservation program. Due to significant landholder interest, the annual budget for the Biodiversity Grant Program was fully allocated by December 2015. Although no new grants were allocated in the current quarter, projects across 28 properties continued to rehabilitate approximately 34 hectares of habitat. One landholder registered for the Land for Wildlife program, conserving one hectare of native habitat. Fifty-six participants attended two Land for Wildlife workshops. As a result, participants now have a better understanding of indigenous culture, a different perspective on the environment and are better able to recognise and protect native fauna. Both workshops attracted excellent feedback. Council’s River Health Grants program invested $23,950 into nine projects to improve waterway health along 2.4 kilometres of waterway. Significant planning works have been undertaken in preparation for major erosion stabilisation works on the Oxley River in the next quarter. Planning has also begun on delivering over $200,000 in targeted works on private properties along the Rous River from Chillingham to Murwillumbah over the next three years. Council’s integrated private land conservation program continues to provide an effective platform for strong community engagement and productive stakeholder networks. Program delivery equips land managers with information and many of the skills they need to better manage the Shire’s precious natural assets and improve agricultural productivity. Feedback from landholders and workshop participants was overwhelmingly excellent. Newcomers to


the Shire pointed out the Land for Wildlife workshops really helped them orientate themselves to their new biogeographic surroundings and were appreciative of the support. Council’s integrated private land conservation program continues to provide substantial investment in the local economy through the purchase of contract labour and materials. RECOMMENDATION:

That Council receives and notes the outcomes of the River Health Grants, Biodiversity Grants and Land for Wildlife programs for the second quarter of 2016.


REPORT:

Council’s integrated private land conservation program has attracted a diverse range of landowners from traditional farmers to rural lifestyle property owners. Since its inception in 2006, programs have helped 495 landholders protect 2,254 hectares of habitat and 87.4 kilometres of waterway. Since 2009, Biodiversity programs have been used to secure $5.1m of external funding. Typically from state and federal government, external funding is invested in a diverse range of projects delivering significant biodiversity conservation, water quality, farm productivity, community engagement and capacity-building outcomes for the Shire. During the same period, Biodiversity Grant funding of $510,000 secured projects valued at $910,000, including landholder contributions of around 40 percent. This represents a return on investment of $1.80 for every dollar invested. Council’s integrated private land conservation program therefore makes a significant contribution to the local economy. The Land for Wildlife (LfW) Program is a voluntary property registration scheme that helps rural landholders manage wildlife habitat on their property. One hundred and thirty one landholders are now registered and 1,929 hectares of native habitat is conserved. Council’s River Health Grants program invested $23,950 into nine projects to improve waterway health along 2.4 kilometres of waterway. Three properties were included in a targeted project to control noxious and environmental weeds in a partnership with Tweed Landcare and North Coast Local Land Services. Council invested $8,400 into this project as well as providing weed control plans for the three properties. Council will receive the first instalment of a $100,000 grant from the NSW Environment Trust in August to target riparian restoration works along the Rous River from Chillingham to Murwillumbah. Council has approved an allocation of $101,500 in funds from the River Health Grant budget to contribute towards this project over the next three years. During the quarter, the last two workshops in the LfW workshop series were delivered: Indigenous cultural heritage awareness (26 attendees) and Fauna (30 people). A total of 249 people attended the series; another 90 tried to register but could not be accommodated due to group size limitations. In addition, 155 landowners have registered for the Backyard Habitat for Wildlife program catering for smaller lots and households. Due to significant landholder interest, applications for the Biodiversity grant program were oversubscribed. The program’s annual budget was expended by December 2015 and there is a waiting list of applications for the next round of funding in the 2016-17 financial year. A total of $85,000 was allocated to site action plans and restoration work on 28 properties including weed control in 10 hectares of high biodiversity value vegetation containing threatened plant species. A further $5,000 was allocated to Tweed Landcare Inc. as an in-kind contribution to the Mid Tweed River and Mt Warning connections of High Conservation Value (HCV) project which aims to restore 60 hectares across five properties. In-kind contributions of $3,000 and $10,000 were also made to the Numinbah Nature Links and the Filling the Gaps projects respectively, both of which are ongoing threatened species habitat recovery projects. Landholder agreements negotiated for each grant specify the contributions, rights and responsibilities of Council and landholders. Landholders make significant contributions to each project, typically up to half the total project value. Contributions are generally in the


form of in-kind labour to assist bush regenerators with primary and/or follow-up weed control or site maintenance. The status of program works, community engagement and detailed finances for the April to June 2016 quarter are described below. Future priorities and opportunities are outlined.

Private land conservation program implementation April - June 2016 Landholder engagement and capacity building

Above: Participants at the Land for Wildlife Indigenous cultural heritage awareness workshop. The workshop consisted of an interpretive kayaking tour of Ukerebagh Island in the Tweed River Estuary. Participants explored a mangrove system and learned how Indigenous people found water, harvested food and found shelter. Environmental attributes and points of historical interest were discussed. Participants learned how to harvest bark to make string and took part in a Dulung ceremony. By better appreciating the close connection Indigenous people have to the environment, participants improved their understanding of Indigenous culture and widened their own perspectives of the environment as a resource.

Above: Participants at the Biodiversity (fauna) workshop learn about threatened frog species and their preferred habitats. As well as

• As part of ongoing Biodiversity Grant Program project delivery, 28 landholders received hands-on tuition in weed identification and control techniques. As a result, landholders are better able to: o Identify common weeds and natives o Assess weed impacts on native habitat o Take steps to restore native habitat.

• Following a site assessment, one landholder registered for the LfW program. Registered landholders receive a resource kit, technical advice on habitat management and an invitation to upcoming events.

• Twenty six people attended the Land for Wildlife Indigenous cultural heritage awareness workshop on 7 May 2016. The workshop booked out in less than a day and 90 people wanted to register. Feedback was overwhelmingly positive.

• Thirty people attended the LfW Biodiversity (Fauna) workshop on 25 June 2016. Again, participant feedback was positive. Participants are now better able to recognise and manage iconic and threatened fauna and have a better understanding of feral animal management.

• These workshops were the final instalments in a successful series that unequivocally put the LfW program ‘on the map’ as a major driver of private land conservation in the Shire. A total of 249 people attended the ten workshops.

• On 11 June 2016, Council partnered with Local Land Services, Far North Coast Weeds and Tweed Landcare Inc. to present a weed control workshop to 30 people. Council initiated this event to (i) strengthen inter-agency relationships; (ii)


frogs, sessions were delivered on vertebrate fauna, birds and pest management. The workshop included case studies to demonstrate Council’s active role in management of native fauna and pest management. Participants were provided with tips for creating fauna habitat on their land and were encouraged to get involved in citizen science activities such as bird surveys. Participant feedback was excellent.

show the community what can be achieved when government and the not-for-profit sector combine to conserve biodiversity; and (iii) minimise unnecessary duplication across three major projects with similar community engagement outcomes. In particular, attendees now clearly understand their obligations in relation to noxious weeds.

Waterway Health

Pre-control Giant Devils Fig and Madeira Vine infestation on the upper Rous River, Numinbah (April 2016).

Photo showing primary control of Giant Devils Fig on upper Rous River (May 2016). Council is assisting with follow up control of sites to prevent re-infestation, with landowners contributing to maintenance over four years.

• Nine river health projects were instigated during the second quarter: o Four projects located within the Tweed

River drinking water catchment; o Three projects in upper Rous River

catchment; o One project in Terranora Broadwater

catchment at Bilambil; o One project in Burringbar Creek.

• These projects resulting in:

o 2.4 kilometres of waterways improved o 450 metres of stock exclusion fencing o 10.6 hectares of bushland restored.

Vegetation Condition

• 29 active Biodiversity grant projects continued to restore around 34 hectares of habitat in the current financial year.

• Council’s contribution to the Mid Tweed River and Mt Warning connections of HCV project continues to help rehabilitate 60 hectares of high conservation value habitat on five properties.

• Council’s contribution to the Filling the biodiversity gaps connecting Tweed Coast to Border Ranges project will deliver restoration action plans to guide


weed control over the next three years at five properties.

• An additional one hectare of habitat was conserved on one property under the LfW program.

Financial Reporting

River Health Grants: • $23,950 allocated for these projects • Estimated $19,460 landowner in kind/

cash contribution o Approximately 236 in-kind

landowner hours o Approximately $12,380 cash

contribution towards materials and labour.

Biodiversity Grants: • Due to significant landholder interest, the

annual budget for Biodiversity Grants was allocated by December 2015. The program is fully expended for the current financial year.

• An in-kind contribution of $5,000 was made to the Mid Tweed River and Mt Warning connections of HCV project.

• An in-kind contribution of $4,000 was made to the Filling the Biodiversity Gaps - connecting Tweed Coast to Border Ranges project to cover preparation of restoration action plans for five properties.

Third Quarter 2016-17 Priorities and Opportunities

Rous River Riparian Restoration Project is eligible to landowners along the Rous River bewteen Chillingham and Murwillumbah.

River Health Grants: • Alluvium Consulting was engaged to

provide detailed design work and hydraulic modelling for bank erosion stabilisation works at three sites on the Oxley River at Eungella. Subject to suitable climatic conditions, it is expected works will begin in September.

• Council will receive the first installment of a $100,000 NSW Environmental Trust grant in August for the Rous River Riparian Restoration Project. The aim of the three year project is to improve waterway health and riparian vegetation condition and extent within the project area (left). Council has approved $101,500 contribution from the River Health Grants budget.


Council will host a National Tree Day planting on 31 July 2016 which regularly attracts 100 participants. This is a great opportunity to promote Councils Private Land Conservation Program to the wider community.

Biodiversity Grants: • 24 active projects are expected to continue

into the first quarter of the new financial year resulting in restoration of an additional 30 hectares of habitat.

• In-kind contributions to the Mid Tweed River and Mt Warning connections of HCV project and the Filling the biodiversity gaps connecting Tweed Coast to Border Ranges project will continue to contribute to at least 60 hectares of habitat restoration.

• A review is planned of the effectiveness of the Biodiversity grant program. The review, designed to ensure the program continues to deliver high-quality, value for money outcomes, is timely given the increased impetus in private land conservation associated with the Biodiversity Conservation Bill.

• Further work will be done on the NRM database. The database and associated mapping is an inventory of on-ground works carried out under Council’s private land conservation program. When finalised it will be an important planning and reporting tool.

Land for Wildlife: • Funding from the Foundation for National

Parks and Wildlife (the Foundation) has been approved for the second Land for Wildlife Workshop series. This series will deliver six workshops from July 2016 to June 2018. The first workshop is not likely to be delivered until the second quarter.

• The Foundation has approved funding for a pilot workshop designed to help landholders write effective habitat management funding.

• Discussions have also begun with the Foundation in relation to collaborating on a private land conservation promotional video.

Backyard Habitat for Wildlife: • Ongoing engagement and provision of

information through the Backyard Habitat for Wildlife online platform.

• The program will continue to be promoted


at events such as Council’s Sustainability Home Expo.

Other • On 11 June 2016, a meeting will be held

between Council and the Office of Environment and Heritage (OEH) to discuss the Priority Investment Areas (PIA) mapping project. The project will identify and prioritise areas where funding for biodiversity management can deliver the best conservation outcomes. This is an important project given the State government’s commitment to invest $240 million over five years in private land conservation.

OPTIONS: 1. That Council receives and notes the outcomes of the River Health Grants, Biodiversity

Grants and Land for Wildlife programs for the second quarter of 2016 and supports third quarter priorities and opportunities detailed in this report.

2. That Council requests further information on the outcomes of the River Health Grants,

Biodiversity Grants and Land for Wildlife programs for the second quarter of 2016 and priorities/opportunities for the third quarter.

CONCLUSION: During the reporting period, Council’s integrated private land conservation program delivered the following economic, environmental and community benefits: • Improved waterway health and water quality; • Weed control and improved biodiversity values in project areas; • Mitigation of threats to threatened flora and fauna; • Increased area of actively conserved habit; • Stronger relationships with landholders; • Education and engagement with the wider community; • Ongoing collaboration with key government and other stakeholders such as Office of

Environment and Heritage, Far North Coast Weeds, National Parks and Wildlife Service, Local Land Services and Tweed Landcare Inc.,

• Increased farm productivity for primary producers; and • Significant funds investment in the local economy. Council’s integrated private land conservation program continues to make a significant strategic contribution to management of the Shire’s outstanding biodiversity values. Strong relationships with landholders based on trust, robust technical advice and tailored program delivery enables Council to build community capacity to manage precious natural assets. Cross-agency collaboration helps mobilise resources, aids project planning and provides


opportunities to overcome natural resource management challenges. Outcome trends outlined in this report are expected to continue during the next quarter. COUNCIL IMPLICATIONS: a. Policy: River Health Grants v1.0 Tweed Vegetation Management Strategy 2004 b. Budget/Long Term Financial Plan: The source of funding for the River Health Grants program is the Water Unit dividend for water and wastewater in accordance with the River Heath Grants policy. The River Health Grants program receives approximately $200,000 per annum for works to enhance the environmental condition of Tweed Shire’s waterways. As the source of funding is a rates dividend, the total budget varies annually. The Biodiversity Grants and Land for Wildlife Programs are funded through the Tweed Vegetation Management Strategy. The programs are allocated $105,000 and $5,000 per annum respectively. The Backyard Habitat for Wildlife program is allocated $2,500 per annum. c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. Council’s integrated private land conservation program engages a wide range of landowners. Engagement methods for programs, projects and specific events include: • Media releases, articles in the Tweed Link and local print media; • Information provided on the Environment section of Council’s website; • Face-to-face promotion at annual community events such as the Tweed River Festival,

Catchment Catch-up, Home Expo, World Environment Day celebrations, Murwillumbah Agricultural Show and National Tree Day planting activities;

• Coordination, promotion and delivery of Land for Wildlife and other workshops; and • Promotion via local networks. Program delivery requires property inspections to assess landholder eligibility, to provide technical advice and to ensure projects are delivered to a high standard within set timeframes and budgets. This engagement method builds strong relationships with landholders and often leads to engagement and participation of neighbours. Workshops are another powerful capacity-building and engagement tool. Responding directly to the needs of landholders, workshops build landholder skills and knowledge to enable them to more effectively manage the natural assets on their land. Workshops provide opportunities for landholders to network and share experiences. Participant feedback provides an important conduit of information that informs program delivery.


The Natural Resource Management Unit has enlisted assistance from Council’s Environmental Education Officer to develop a post-implementation follow-up strategy to report on the extent to which workshops and other events deliver sustained behavioural change. Communication and engagement methods are regularly assessed to determine their effectiveness. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


14 [CNR-CM] RFO2016079 Tweed River Estuary Management Plan 2018-2028 Preparation


Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 4 Caring for the Environment 4.1 Protect the environment and natural beauty of the Tweed 4.1.3 Manage and regulate the natural and built environments

SUMMARY OF REPORT:

Request for Offer RFO2016079 was called to seek the services of an appropriately experienced and qualified consultant to prepare a new management plan for the Tweed River Estuary in accordance with the process, mandatory requirements and essential elements set out in the draft NSW Coastal Management Manual 2015. This project is to be carried out in association with the NSW Office of Environment and Heritage. At the time of closing six Offers were received. The evaluation of the offers against the Selection Criteria is contained in the Offer Evaluation Report included in CONFIDENTIAL ATTACHMENTS 1 and 2. The recommendations are based on the evaluation. RECOMMENDATION:

That in respect to Contract RFO2016079 Tweed River Estuary Management Plan 2018-2028 Preparation: 1. Council awards the contract to Hydrosphere Consulting Pty Ltd (ATF Howland

Family Trust) ABN 74 162 782 428 for the amount of $150,571.82 (exclusive of GST).

2. The General Manager be granted delegated authority to approve appropriately

deemed variations to the contract and those variations be reported to Council at finalisation of the contract.


3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because they contain:- (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.


REPORT:

Offer Background Offer RFO2016079 was called to seek the services of an appropriately experienced and qualified consultant to prepare a new management plan for the Tweed River Estuary in accordance with the process, mandatory requirements and essential elements set out in the draft NSW Coastal Management Manual 2015. The new management plan will outline strategies and actions that can be delivered over the next ten years to achieve integrated management of the Estuary, consistent with the principles of ecologically sustainable development and the 12 high-level statutory objectives for integrated coastal management in NSW, which are included in the Coastal Management Bill 2015. The new management plan (CMP) will outline strategies and actions that can be delivered over the next ten years to achieve integrated management of the estuary, consistent with the principles of ecologically sustainable development and the 12 high-level statutory objectives for integrated coastal management in NSW, which are included in the Coastal Management Bill 2015 as outlined below.

The objectives of the Coastal Management Bill (Part 1, section 3) are: "(a) to protect and enhance natural coastal processes and coastal environmental

values including natural character, scenic value, biological diversity and ecosystem integrity and resilience, and

(b) to support the social and cultural values of the coast and maintain public access, amenity and use, and

(c) to acknowledge Aboriginal peoples’ spiritual, social, customary and economic use of the coastal zone, and

(d) to recognise the coast as a vital economic zone and support sustainable coastal economies, and

(e) to facilitate appropriate coastal development and land use planning decision-making, and

(f) to mitigate current and future risks from coastal hazards, taking into account the effects of climate change, and

(g) to recognise that the local and regional scale effects of coastal processes, and the inherently ambulatory and dynamic nature of the shoreline, may result in the loss of coastal land to the sea (including estuaries and other arms of the sea), and to manage coastal use and development accordingly, and

(h) to promote integrated and co-ordinated coastal planning, management and reporting, and

(i) to encourage and promote plans and strategies to improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events, and

(j) to ensure coordination of the policies and activities of government and public authorities relating to the coastal region and to facilitate the proper integration of their management activities, and

(k) to support public participation in coastal management and planning and greater public awareness, education and understanding of coastal processes and management actions, and

(l) to support the objects of the Marine Estate Management Act 2014."


This project is to be carried out in association with the NSW Office of Environment and Heritage. Request for Offer Advertising Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. The Request for Offer was advertised from 24 May 2016 in the Sydney Morning Herald and the Tweed Link and on Council's website. Offer submissions closed at 4.00pm (local time) on 15 June 2016 in the Tender Box located in the foyer at the tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484 and via eTender. Offer Addendums There were no addendums (Notices to Bidders) issued before close of Offer. Offer Submissions At the closing time for Offer Submissions, the Tender Box was opened and six Offers were recorded as below: Bidder ABN Australian Wetlands Consulting 81 140 533 919 BMT WBM 54 010 830 421 Hydrosphere Consulting 74 162 782 428 Natura Pacific 80 117 528 748 Riparian Management Services 43 400 908 756 Water Technology Pty Ltd 60 093 377 283

Offer Evaluation An Offer Evaluation Plan was developed based on the premise that competitive Offers were to be received and scored against specific evaluation criteria in order to select the best value Offer. The Offer Evaluation Panel was made up as follows: Position Senior Waterways Program Leader (TSC) Senior Coast and Estuaries Officer (NSW Office of Environment and Heritage)

Offers were evaluated based on the criteria noted in the table below which were also listed in the Conditions of Offering. Criterion Document

Reference Weighting (%)

Relevant expert skills and experience of the proposed team and the Bidder's organisation.

Schedule 5.4 10

Suitability of the proposed methodology to meet the requirements of the brief and the Services.

Schedule 5.5 30


Criterion Document Reference

Weighting (%)

Value-adding demonstrated.

Schedules 5.5 and 5.2 and throughout Offer

10

Overall competitiveness of the Fee proposal, quality and quantity of services offered and demonstrated value for money.

Schedule 5.2 40

Quality management framework, environmental performance and Local Content.

Schedules 5.8, 5.9 and 5.10

10

Total 100 The details of the evaluation are shown on the Offer Evaluation Report and Offer Evaluation Scoring Sheet. A copy of the Offer Evaluation Report and Offer Evaluation Scoring Sheet are included as ATTACHMENTS 1 and 2 which are CONFIDENTIAL in accordance with Section 10A: (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret

The information identifies the Bidder in relation to the Offer price and the evaluation of the products offered by the Bidder. If disclosed, the information would be likely to prejudice the commercial position of the Bidder in terms of market competitiveness by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. Recommendations appear below for the Offer. OPTIONS: That Council: 1. Awards the contract to Hydrosphere Consulting Pty Ltd (ATF Howland Family Trust)

ABN 74 162 782 428 for the amount of $150,571.82 (exclusive of GST). 2. Awards the Contract to a different Bidder, including reasons for this course of action. 3. Declines to accept any of the Offers, including reasons for this course of action. CONCLUSION: While all Offers generally demonstrated understanding of the Brief and the structure of the project, including the need to work within the nominated cost cap to deliver the Brief's requirements, the Hydrosphere Consulting Offer achieved the highest overall assessment score and is therefore deemed as the most advantageous option for Council.


COUNCIL IMPLICATIONS: a. Policy: Procurement Policy v1.6, in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. b. Budget/Long Term Financial Plan: The project is 50% funded by the NSW Office of Environment and Heritage. Provision for the remainder of the cost is included in the 2016-2017 Budget. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. RFO2016079 - Offer Evaluation Report (ECM 4123214). (Confidential) Attachment 2. RFO2016079 - Offer Evaluation Scoring Sheet

(ECM4123241).


15 [CNR-CM] Frangela Reserve Flying-fox Camp Management SUBMITTED BY: Natural Resource Management

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities 4 Caring for the Environment 4.2 Conserve native flora and fauna and their habitats

SUMMARY OF REPORT:

Council resolved at the Ordinary Meeting of 16 June 2016 to implement immediate management actions at Frangela Drive Reserve, subject to the Flying-foxes seasonally vacating the camp. As of 30 June 2016, the Flying -foxes have still not vacated the camp and so this report seeks to provide additional management options for the consideration of Council. Undertaking vegetation management works at night is a strategy employed to complete required works at camps that do not exhibit seasonal use. Subject to securing financial assistance from the State government, this approach is recommended for inclusion in the Frangela Reserve Flying-fox camp management actions. If the Flying-foxes do not vacate the camp then night works would be preferable outside breeding season as the Flying-foxes leave the trees at night to forage for food. During breeding season, older juveniles are left at the camp while adults forage so night works would need to be completed prior to breeding season. RECOMMENDATION:

That Council: 1. Supports the inclusion of night works outside of the breeding season to the

immediate management actions for Frangela Drive Reserve Flying-fox camp. 2. Votes additional funds of up to $35,000 in the September Quarterly Budget

Review to match any grant funding received.


REPORT:

Council resolved at the Ordinary Meeting of 16 June 2016 to implement immediate management actions at Frangela Drive Reserve, subject to the Flying-foxes seasonally vacating the camp as follows:

"that: 1. Applies to the NSW Office of Environment and Heritage for a Section 91 licence

under the Threatened Species Conservation Act 1995. 2. Undertakes vegetation management actions including:

(a) Removal of Camphor Laurels in identified zone extending north from the

current camp location; and (b) Trim and/or remove Camphor Laurels in identified vegetation management

zone to create a buffer between the camp and adjacent houses. 3. Briefs the local community committee on the status of current and proposed

actions. 4. Receives a future report to address the outstanding Shirewide aspects of the

resolution made in April 2016. As of 30 June 2016, the Flying-foxes have still not vacated the camp and thus this report seeks to provide additional management options for the consideration of Council. This camp has not been present long enough to be certain of seasonal use patterns. Since commencement of monitoring in November 2013, the camp has had no animals present at three of eleven monitoring events. Undertaking vegetation management works at night is a strategy employed to complete required works at camps that do not exhibit seasonal use without impact to Flying-foxes. Subject to confirmation of feasibility for this site and securing financial assistance from the State government, this approach is recommended for inclusion in the Frangela Reserve Flying-fox camp management actions. Should this approach be required to be taken, works will take place prior to the commencement of the breeding season in September. Undertaking the works at night will be considerably more expensive with indicative cost estimates at $60,000 $70,000. A funding application has been submitted to Local Government NSW which recently announced the availability of $1m to assist councils manage issues with flying-fox camps. It is expected that funding notification would be received from the government by the end of July 2016. The following table provides a summary of the current status of all actions in relation to relevant resolutions:


Action Status 1. Shire wide flying-fox

management options report

• In preparation for October 2016 meeting. • Will include assessment of funding options

including NSW government flying-fox camp management funds. Funding Applications to the government are generally considered and notification provided within two to three weeks of submission.

2. Application to NSW Office of Environment & Heritage for Section 91 licence for vegetation management at Frangela Reserve

• Application submitted 30 June 2016. • Timeframes identified to enable works to occur in

August prior to breeding season which commences in September.

3. Vegetation management works

• Cost estimates received indicate day works at $20,000 and alternative night works at $60,000 to $70,000.

• Funding application to Local Government NSW submitted 7 July 2016.

• This camp has not been present for long enough to have established regular periods of occurrence. If the flying-foxes do not depart and night works are not viable, options for vegetation management are constrained due to the need to avoid the breeding period (September to March). All approvals will be in place to enable immediate actions if the Flying-foxes do vacate this site at another time of year.

4. Local community engagement

• Community representative has been notified of current status of all actions of resolutions.

• Additional meeting with community representatives to maintain communication scheduled for Thursday 14 July.

OPTIONS: 1. That Council supports the inclusion of night works to the immediate management

actions for Frangela Drive Reserve Flying-fox camp. 2. That Council does not support the inclusion of night works to the immediate

management actions for Frangela Drive Reserve Flying-fox camp.


Option 1 is recommended. CONCLUSION: Including the option for night works in the approved management actions will ensure that all available options are available to best secure an outcome that is mutually beneficial for local residents and the Flying-fox camp. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: The vegetation management works proposed have been estimated at $20,000 if undertaken during the day when Flying-foxes seasonally vacate the site. Night works have been estimated at $60,000 to $70,000. A funding application has been submitted to Local Government NSW which recently announced the availability of $1m to assist councils manage issues with flying-fox camps. Council is required to make a matching cash and/or in-kind contribution to access this funding stream. c. Legal: In accordance with the Environment Protection and Biodiversity Conservation Act 1999 (EBPC Act). d. Communication/Engagement: Involve/Collaborate-We will work with you on an ongoing basis to ensure your ideas, concerns and aspirations are considered. We will provide feedback on Council's decisions. Consult-We will listen to you, consider your ideas and concerns and keep you informed. Inform - We will keep you informed. This report responds to the significant community concerns raised in relation to the Frangela Drive Reserve Flying-fox camp. The recommendations of this report include recognition of the importance of direct engagement with affected residents. Any future development of a management plan for the whole Shire will include consultation with the broader community. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil


16 [CNR-CM] Concept Plans and Estimates - South Murwillumbah SUBMITTED BY: Recreation Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities

SUMMARY OF REPORT:

At its meeting held 10 December 2015, Council considered a report in response to a previous resolution regarding concept plans and estimates for parks in South Murwillumbah. The proposal is currently unfunded and sits behind the Kingscliff Foreshore Revitalisation Project as a resources priority. Accordingly it is recommended that the project be considered in the 2017-2018 budget. RECOMMENDATION:

That Council considers allocating funding and priority for the South Murwillumbah Parks Project in the 2017-2018 budget and operational plan.


REPORT:

At its meeting held 21 October 2014, Council resolved:

"1. Council prepares concept plans and cost estimates for the following:

a) Removal of the South Murwillumbah car park, located on the corner of River Street and Alma Street and replacement with a park; and

b) The establishment of a park on the Council owned vacant land located in

River Street, South Murwillumbah (opposite Holstons Lane) including a small unsealed car park.

2. The concept plans and cost estimates are to be reported back to Council for

consideration." At its meeting held 10 December 2015, Council considered a report in response to the 21 October 2014 resolution resulting in the following resolution:

"1. Council receives and notes this report on the Concept Plans and Estimates - South Murwillumbah.

2. The stakeholders affected by the three options contained within this report to be

consulted through the community engagement process for "Tweed - the Future is Ours".

3. A further report be prepared on the outcome of the consultation process."

While the consultation can be undertaken through a community engagement process as per point two of the resolution, the proposal is currently unfunded and sits behind the Kingscliff Foreshore Revitalisation Project as a resources priority. Accordingly it is recommended that the project be considered in the 2017-2018 budget. OPTIONS: 1. That the South Murwillumbah Parks Project be considered in the 2017-2018 budget. 2. That Council allocates funding from the current budget and directs that the South

Murwillumbah Parks Project be prioritised, noting that additional resources would need to be outsourced to undertake the project with consideration to competing priorities.

CONCLUSION: The proposed South Murwillumbah Parks Project remains as an outstanding resolution. While unfunded, the project cannot progress. Additionally, internal resources are not available to progress the design and construction of the project at this point in time. Should Council elect to proceed with the project as a priority, external resources would be required to undertake the design and documentation increasing the previously reported cost estimates.


Accordingly it is recommended that Council considers allocating funding and priority for the South Murwillumbah Parks Project in the 2017-2018 budget and operational plan. COUNCIL IMPLICATIONS: a. Policy: Nil b. Budget/Long Term Financial Plan: Funding to be considered in 2017/2018 budget: Two options were provided in the 10 December 2015 report with estimates as follows: Option 1: $65,000 Option 2: $57,500 Note that these costs will need to be reviewed for the 2017-2018 budget. Also that proceeding with the project in 2016-2017 will add design and documentation costs for outsourcing of the project estimated $10,000. c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. When undertaking community engagement through the ‘Tweed – The Future Is Ours’ process, opportunities to include targeted consultation on the park options will be included. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


17 [CNR-CM] Naming Trees in Parks SUBMITTED BY: Recreation Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.6 Provide conveniently placed and well equipped parks, sporting, recreational, cultural and community facilities

SUMMARY OF REPORT:

At its meeting held 17 March 2016, Council resolved:

"That Council brings back a report on the potential of displaying the names of local native trees in two of Council parks to encourage greater knowledge and appreciation of Tweed local flora."

This report responds to the resolution. RECOMMENDATION:

That Council notes that Pottsville Environment Park, Bruce Chick Park and Knox Park will include the display of the names of local native trees.


REPORT:

At its meeting held 17 March 2016, Council resolved:

"That Council brings back a report on the potential of displaying the names of local native trees in two of Council parks to encourage greater knowledge and appreciation of Tweed local flora."

Options: The inclusion of names of local trees in parks will be most effective where a broad range of species are available with easy access. The Environment Park at Pottsville already has trees named throughout the park, and Council’s resolution for the Bruce Chick Park includes the rehabilitation of a large area as an arboretum which will include tree names. In addition to these two locations, it is proposed to include tree names within the adventure playground of Knox Park. OPTIONS: 1. That Council notes that Pottsville Environment Park, Bruce Chick Park and Knox Park

will include the display of the names of local native trees. 2. That Council considers alternative parks to display of the names of local native trees. CONCLUSION: The inclusion of names of local trees in parks will be most effective where a large range of species are available with easy access. The Pottsville Environment Park already displays the name of numerous coastal native trees, and the proposed arboretum at Bruce Chick Park and the established treed area shading the adventure playground in Knox Park provide good opportunities for additional tree naming. COUNCIL IMPLICATIONS: a. Policy: Nil. b. Budget/Long Term Financial Plan: Cost of naming plaques will be dependent upon number and style, but estimated to be <$2000. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed.



Nil.


18 [CNR-CM] Provision of Surf Life Saving Services 2017 to 2021 SUBMITTED BY: Recreation Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.3 Delivering the objectives of this plan 1.3.2 Council will seek the best value in delivering services 2 Supporting Community Life 2.1 Foster strong, cohesive, cooperative, healthy and safe communities 2.1.4 Provide education and advocacy to promote and support the efforts of the police, emergency services and community groups to

improve the safety of neighbourhoods and roads

SUMMARY OF REPORT:

Request for Offer RFO2016-0011 Provision of Surf Life Saving Services for Byron and Tweed Shire Councils was called to engage suitably qualified and experienced organisations to provide surf lifesaving services for the Tweed Shire Council and Byron Shire Council for a 4 year period and 5 year period respectively. At the time of closing one Offer was received and this offer was from a respected well known organisation that presently provides this service for the Tweed Shire Council. The evaluation of the offers against the Selection Criteria is contained in the Offer Evaluation Report included in CONFIDENTIAL ATTACHMENT 1. The recommendations are based on the evaluation. RECOMMENDATION:

That in respect to the Contract 2016-0011 Provision of Surf Life Saving Services for Byron and Tweed Shire Councils: 1. Council accepts the 4 year offer received from Australian Lifeguard Services

(ABN 80 055 582 762) for life saving services for Tweed Shire Council beaches commencing 2017/18 season with an estimated total value of $2,661,119.33 ex GST.

2. Council accepts the additional offer received from Australian Lifeguard Services

(ABN 80 055 582 762) for extended lifesaving services at Kingscliff which is $242,332 ex GST, this amount is included in the above estimated total value.


3. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person



REPORT:

Offer Background Councils existing lifesaving contract is due for renewal prior to the new season of 2017/18. So as part of a NOROC regional procurement initiative Tweed and Byron Shire Councils advertised a joint Tender through the Byron Shire Councils procurement process to engage a suitably qualified and experienced organisation to provide Life Saving services to Council at nominated beaches during nominated periods of the year. Request for Offer Advertising Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. The Request for Offer was advertised 31 May 2016 in the Sydney Morning Herald and Tenderlink and then in the Byron Shire News 2 June 2016. Offer submissions closed at 4.00pm (local time) on 21 June in the Tender Link web site box administered by Byron Shire Council. Offer Addendums There was one addendum (Notice to Bidders) issued before the Close of Offer, this addendum clarified times for beach patrols, locations and uniform requirements. Offer Submissions At the closing time for Offer Submissions, the Tender Box was opened and one offer was recorded as below; Bidder ABN Australian Lifeguard Services 80 055 582 762

Offer Evaluation An Offer Evaluation Plan was developed based on the premise that competitive Offers would be received and assessed against specific evaluation criteria in order to select the best value Offers to formulate a recommendation. In accordance with Council's Procurement Policy and the approved Offer Evaluation Plan an evaluation panel was required to be formed for this Request for Offer. The following officers from Byron and Tweed Shire Council assessed the received Offer: Position Manager Recreations Services (Tweed Shire Council) Manager Open Space and Resource Recovery (Byron Shire Council) Strategic Procurement Co-ordinator (Byron Shire Council)


Offers were evaluated based on the criteria noted in the table below which were also listed in the Conditions of Offering. Criterion Weighting (%) Pricing 40% Experience and Qualifications of Personnel

15%

Previous relevant experience 15% Delivery Plan 30%

The details of the price and non-price evaluation are shown on the Tender Evaluation Report. A copy of the Offer Evaluation Report is included as ATTACHMENT 1 which is CONFIDENTIAL in accordance with Section 10A: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business. Additional Offer In addition to the service schedules provided in the tender documentation, Australian Lifeguard Services (ALS) provided an additional offer to Tweed Shire Council. Based on recommendations for service levels contained in the Tweed Shire Coastal Risk Assessment and Treatment Plan, ALS offer the provision of extended patrols at Kingscliff for the duration of the lifesaving patrol season. This service would be provided by two lifeguards during the hours of 9am – 5pm, 5 days per week at the tendered fee. Dependent upon Council accepting these additional services, ALS will include the following value add services at no additional cost:

• Provision of a Rescue Water Craft (RWC) at Kingscliff for use by lifeguards during patrol hours and for after hour emergency call outs. This RWC would be available to respond to emergency incidents at other Tweed Shire beaches throughout the patrol period.

• The provision of additional services at Duranbah (December through to February) to cover those periods not covered by the current scope of service

The provision of a lifeguard service at Kingscliff through the full patrol season would significantly increase the safety of the local and tourist community, and with the benefit of the value add offer it is recommended Council accept the additional offer. OPTIONS: That Council: 1. Accepts the recommendations made within this report or; 2. Declines the recommendations made within this report against the Recommendation,

including reasons for this course of action.


CONCLUSION: That the offer received from Australian Lifeguard Services (ABN 80 055 582 762) through a NOROC Regional Procurement initiative be accepted and that Council entre into a new 4 year Contract term commencing 2017/18 season. COUNCIL IMPLICATIONS: a. Policy: Procurement Policy v1.6 b. Budget/Long Term Financial Plan: Funding for the current service schedules plus the additional offer is currently allocated annually in the long term financial plan c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. 2016-0011 Tender Evaluation Report (ECM 4132407)


19 [CNR-CM] Fingal Surf Life Saving Club SUBMITTED BY: Recreation Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.3 Delivering the objectives of this plan 1.3.1 Council's organisation will be resourced to provide the essential services and support functions to deliver the objectives of this Plan

SUMMARY OF REPORT:

Council has received a request from Fingal Rovers Surf Life Saving Club for a financial contribution to enable the Club to install an all access lift within the Club building. The installation of the lift would significantly increase the capacity of the club to be both financially sustainable and retain a patrolling membership base. RECOMMENDATION:

That: 1. Council supports the request from the Fingal Rovers Surf Life Saving Club for a

$30,000 contribution to the supply and installation of an all access lift within the Fingal Rovers Surf Life Saving Clubhouse to be funded from unspent funds from the 2015-2016 Surf Life Saving Budget.

2. The funding will be made available on evidence from Fingal Rovers Surf Life

Saving Club of the availability of matching funding.


REPORT:

Council has received a request from Fingal Rovers Surf Life Saving Club (the club) for a financial contribution to enable the Club to install an all access lift within the Club building. The letter is reproduced below:


Discussion: It is to the benefit of Council and the community to have strong, sustainable Surf Life Saving Clubs operating within the Shire. Council’s partnership with surf life saving clubs in the Tweed Shire has been to provide support to develop the clubs to a level where they are sustainable, and then coordinate the volunteer services with Council’s contract lifeguard services to optimise the level of service provided to the community with available resources. Fingal Rovers Surf Life Saving Club faces unique challenges to other Surf Life Saving Clubs in the Tweed Shire in that it relies heavily on ‘out of Shire’ members to provide volunteer lifeguard services. To achieve this, the Club provides overnight bunk accommodation for travelling patrolling members. Without the provision of a lift, the Club is unable to use the bunk room, threatening the continued support of travelling members. The provision of a lift within the Fingal Surf Club will also significantly increase the sustainability of the club by providing the capacity for an income stream generated from use of the first floor room. Funding: The club is requesting 50% ($30,000) of the total cost ($60,000) with the other 50% coming from other grant and funding sources. Should Council wish to support the request from the Club, the funds could be provided from unspent funds in the 2015-2016 Surf Life Saving Budget. OPTIONS: 1. Council supports the request from the Fingal Rovers Surf Life Saving Club for a

$30,000 contribution to the supply and installation of a disability lift within the Fingal Rovers Surf Life Saving Clubhouse to be funded from unspent funds from the 2015-2016 Surf Life Saving Budget.

2. Council rejects the request from the Fingal Rovers Surf Life Saving Club for a $30,000

contribution to the supply and installation of a disability lift within the Fingal Rovers Surf Life Saving Clubhouse.

CONCLUSION: Council, the State Government and the club have invested significant funds into the redevelopment of the Fingal Rovers Surf Life Saving Club over recent years. The absence of an all access lift within the Club constrains the use of the upstairs section of the Club including the bunkhouse. This threatens the retention of the patrolling membership base of the club and prevents the Club from realising an income stream, both of which reduce the sustainability of the Club and potentially waste the investment already contributed to the building. COUNCIL IMPLICATIONS: a. Policy: Nil.


b. Budget/Long Term Financial Plan: $30,000 to be funded from unspent funds from 2015-2016 Surf Life Saving budget. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


20 [CNR-CM] RFO2016073 Tweed Heads Library Upgrade SUBMITTED BY: Community and Cultural Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.1 Foster strong, cohesive, cooperative, healthy and safe communities 2.1.1 Work closely with government and community organisations to improve services to children and families, youth, elderly, Indigenous

people, disadvantaged and minority groups and to build stronger and more cohesive communities

SUMMARY OF REPORT:

Request for Offer RFO2016073 Tweed Heads Library Upgrade was called to engage a suitably qualified and experienced building contractor to provide a Design and Construct lump Sum Offer for the completion of the Tweed Heads Library and surrounding precinct upgrade. Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Offer submissions closed at 4.00pm (local time) on 29 June 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. RECOMMENDATION:

That Council, in respect of Request for Offer RFO2016073 Tweed Heads Library Upgrade: 1. In accordance with Local Government (General) Regulation 2005 Clause

178(3)(b) – declines to accept the Offer received from J.M. Kelly Builders Pty Ltd ABN 20 009 801 665 as the Offer received does not represent value for money.

2. In accordance with Local Government (General) Regulation 2005 Clause 167 -

Council calls fresh tenders once complete detailed design of the project has been completed.





REPORT:

Background Council’s Tweed Heads Library is predicted to service a population of some 59,766 residents in the next 10 years. In accordance with; a guide for Library buildings in New South Wales the minimum area recommended to service this population for a library would be 2666m2, to hold the estimated projected collection size of 131,588 the library building would need to be 2708m2 in size. The proposed renovation of the existing library and expansion into the old South Sea Islander Room and the vacated Tweed Civic Centre would create a library with 1054 m2. To progress the renovation Council advertised a Request for Offer for the Expression of Interest for the Tweed Heads Library upgrade. The advertised Expression of Interest outlined the following proposed time frames; Expressions of Interest close Dec-2015 Outcomes reported to Council Jan -2016 Prospective Bidders notified: Jan -2016 Draft RFO Documents and Draft Contract Risk Allocation Register (DCRAR) issued:

Jan - 2016

Site inspection & first ETI workshop held (2 days): Feb - 2016 Detailed development of the design with Prospective Bidders and Project Architect :

Feb/ Mar 2016

Prospective Bidders advised who will be invited to submit a priced tender: Mar - 2016 Final RFT Documents issued: Mar - 2016 Offers close: April - 2016 Contract awarded: May -2016 At the close of this Expression of Interest Council did not receive any submissions. Council officers investigated the reasons behind the lack of interest and the general response was that due to the busy environment prior to the Christmas break commercial builders were unable to prepare a document that satisfied the EOI request. With reference to the above Expression of Interest outcome Council staff reviewed the extent of the information developed for the project. This review also identified that there was insufficient time to go through another Expression of Interest process. The development of further design information was then sourced from the Project Architect and Service Consultants to go out to the market with a Design and Construct RFO. The additional detailed design would provide prospective Builders with further necessary detail, thus encouraging sufficient pricing from the market. Request for Offer Advertising Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Offer submissions closed at 4.00pm (local time) on 29 June 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484.


Offer Addendums There were 14 addendums (Notice to Bidders) issued before the close of Offer. A list of the notices is included in the Confidential Attachment to this report. RFO2016073 Tweed Heads Library Upgrade Brett Street Tweed Heads Notice to Bidders Outline Notice to Bidders No. 1 Notify bidders of pretender workshop dates, times and

location Notice to Bidders No. 2 Notify bidders of rescheduled of the third workshop Notice to Bidders No. 3 Issuing Meeting No. 1 Agenda Notice to Bidders No. 4 Additional acoustic report Notice to Bidders No. 5 Informing Bidders meeting No. 2 has been cancelled Notice to Bidders No. 6 Issuing Meeting No. 2 Agenda Notice to Bidders No. 7 Issuing Additional/Amended Offer documents Notice to Bidders No. 8 Issuing Additional/Amended Offer documents Notice to Bidders No. 9 Issuing additional drawings Notice to Bidders No. 10 Issuing additional drawings Notice to Bidders No. 11 Issuing final services performance specifications Notice to Bidders No. 12 Clarifying Successful Bidders obligations under the terms

of Contract Notice to Bidders No. 13 Issuing additional drawings Notice to Bidders No. 14 Informing Bidders what will be assessed in regards to their

offers Offer Submissions At the closing time for Offer Submissions, the Tender Box was opened and one Offer was recorded as below: Bidder ABN J. M. Kelly Builders Pty Ltd 20 009 801 665

Offer Evaluation An offer Evaluation Plan was developed based on the premise that competitive Offers were to be received and assessed against specific evaluation criteria in order to select the best value Offer. In accordance with Council's Procurement Policy and the approved Offer Evaluation Plan an evaluation panel was required to be formed for this Request for Offer. The following officers assessed the received Offer: Position Senior Engineer Contracts Manager Community and Cultural Services Manager Design


Offers were evaluated based on the criteria noted in the table below which were also listed in the Conditions of Offering. Criterion Document Reference Weighting (%) Pricing Schedule 2&3 50 Relevant Experience, Capability, Methodology and Work Program (time)

Schedule 6.7 20

WHS, Environmental & Quality and Risk management

Schedule 10,11,12 10

Attendance to Pretender Meetings Conditions of Tendering Section 5.3

10

Local Content (Development of Local Business/Industry) (Mandatory 10% assessment as per Policy)

Schedule 16 10

Total 100 The details of the price and non-price evaluation are shown on the Offer Evaluation Report. A copy of the Offer Evaluation Report is included as ATTACHMENT 1 which is CONFIDENTIAL in accordance with Section 10A: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business OPTIONS: That Council: 1. Declines the Offer for RFO2016073 from J. M. Kelly Builders Pty Ltd (ABN 20 009 801

665) due to the Offer not representing value for money and accepts recommendation 2 for the way forward, or that Council.

2. Accepts the Offer for RFO2016073 from J. M. Kelly Builders Pty Ltd (ABN 20 009 801

665) against the Recommendation, including the reasons for this course of action CONCLUSION: That in respect to RFO2016073 Tweed Heads Library Upgrade, despite being advertised in accordance with Local Government Act 1993 and the NSW Local Government (General) Regulation 2005, did not yield a value for money Offer for Council and as such the one Offer received should be declined, and Council should proceed with completing the full detailed design of the project prior to calling for fresh tenders. COUNCIL IMPLICATIONS: a. Policy: Procurement Policy v1.6 in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. b. Budget/Long Term Financial Plan: In accordance budget allocations


c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1 RFO2016073 Offer Evaluation Report (ECM4133657).


21 [CNR-CM] Tweed Heads Library Upgrade Budget SUBMITTED BY: Community and Cultural Services

Validms



SUMMARY OF REPORT:

This report provides an update on the Tweed Heads Library Upgrade and identifies a funding shortfall that will need to be addressed for the project works to be completed. RECOMMENDATION:

That: 1. Council endorses the additional funding for the Tweed Heads Library Upgrade of

$528,765 as follows:

(a) $208,765 from Contribution Plan 11– Libraries; and (b) $320,000 from Community Facilities Reserve

2. The final design and quantity surveying be completed by the project architects

in preparation to retender for the construction of the Tweed Library.


REPORT:

This report provides an update on the Tweed Heads Library expansion including the rationale for the expansion and the alignment of the project with sustainable asset management principles. Council is improving asset management with regards to sustainability and performance criteria for all community building assets prior to acquisition, reinvestment and divestment phases. The Community and Cultural Services Unit has been leading the management of its assets in line with the Community Infrastructure Framework (CIF), condition reporting and a more sophisticated matrix for the performance of community buildings against criteria for the function of the building, community access, economic and environmental criteria. The Tweed Heads Library expansion in the existing Tweed Heads Civic and Cultural Centre has been recommended and adopted by Council based on three key areas of consideration: 1. Community need 2. Project stages of development 3. Finance and Tender 1. Community need Council adopted the CIF at its meeting in October 2014 and this includes benchmarks for network planning for Libraries within the Shire based on NSW State Library standards and guidelines and a whole of asset planning cycle. In the case of the Tweed Heads Library expansion the decision of Council has been to reinvest in the current building asset. The current provision of district libraries across Tweed Shire is inadequate and is underprovided by approximately 56%. All three district libraries, Tweed Heads included, would need to at least double their floor space to meet the current NSW Library Standards. The benchmarks for Branch Libraries at a district level are one for each population catchment area of 15,000 to 30,000, which also indicates the Shire is at the threshold for current provision levels in terms of the total number of libraries in the network. Council resolved at its December 2014 meeting that it:

"Proceeds with detailed design work to extend the Tweed Heads Branch Library within the Tweed Heads Civic Centre building and prepares a funding submission to the State Library of NSW for the next capital infrastructure funding round in 2014/15 to assist with funding the extension."

The Community and Cultural Services team is currently preparing a Library network plan as part of the CIF and for longer term planning for the library network. There are some suburb areas in Tweed Shire where population demand is particularly high and may warrant consideration of library space/facilities or services to help respond to demand and this should be considered in addition to the expansion of the Tweed Heads Library. 2. Project stages of development In order to maintain a level of service to Library members and to keep the library open to the public as much as possible during construction, four stages of construction have been identified for the Library upgrade.


The first stage of the development would fit out the old South Sea Islander Room and Council Contact Centre for the library offices and meeting room. Once this is completed, the library staff would move into their office and stage two would then commence in the existing library entrance and office area. Stage three would include a redesign of the existing library shelving area, and Stage 4 would include the external area at the rear of the library to provide a docking station for loading of outreach services books, and also the outdoor wi-fi and activity area. The public will be advised of service disruptions relevant to each stage of construction and it is likely there would be brief library closures between stages of the development to reinstate information technology and safety arrangements for library patrons. Coordination with the Civic Centre functions would also be addressed and there is an internal project committee to ensure liaison and safety considerations. The staging of the construction may present an additional cost. The tender specifications will request the identification of the actual cost of staged construction compared with the closure of the library and completing works in one stage only. The feasibility of complete closure of the library for a period of time and alternative options for rental or minimal services provided through other venues within the Tweed Heads and Gold Coast area will also be quantified to inform decisions about the most cost effective options for Library services during the estimated nine month construction period. 3. Finance and Tender Tender A tender was issued for design and construction of the library expansion and only one offer was received. A separate report to Council will recommend that this offer does not represent value for money and the tender should not be accepted. Current estimated new building costs, documented by Cordell's and other references, with new build green field library costs (no internal fitout) range from $2590m2 to $3100m2. Fit out costs only for new libraries range between $1450m2 to $2100m2 thus making the total cost of a new build $5200m2 excluding land and developer contribution costs. The Tweed Heads Library Upgrade estimate costs of $2450m2 is slightly higher than the upper range of fitout estimate and is justified by the complex staged renovation to keep the library open to the public during the renovation works. It is proposed that final designs based on the current architectural concepts by Complete Urban be prepared and quantity surveying be completed in preparation to retender for the construction of the Library upgrade, including comparative costing for staged construction compared with a total closure of the library during construction. Project Budget Presently the estimated project cost for the Tweed Heads Library Upgrade is $2,450,365. Following two submissions for funding to the State Library of NSW, Council has been successful in receiving a NSW State Library Infrastructure Grant for $200,000 for the Library expansion project in 2016/17.


The budget estimate for the works is currently:- Library Section 94 Plan $1,618,000 Library Grant $ 200,000 Savings from RTRL budget $ 103,600 $1,921,600 This creates a funding shortfall of $528,765. It is proposed that $320,000 come from the Community Facilities Reserve and an additional $208,765 be allocation from Contribution Plan 11 – Libraries be added to the existing budget allocation of $1,921,600 to provide a total of $2,450,365 for the Library Upgrade. OPTIONS: 1. The additional funding requirements of $528,765 be funded by:-

(a) $208,765 from Contribution Plan 11– Libraries; and (b) $320,000 from Community Facilities Reserve.

2. Identify alternative funding sources. CONCLUSION: The current approved budget for the expansion of the Tweed Heads Library needs to be increased by $528,765 sourced through additional Contribution Plan 11 – Libraries funding and the Community Facilities Reserve. To maintain project continuity and ensure more concise parameters to retender for construction only, it is proposed that final designs from the architectural concepts by Complete Urban, and quantity surveying be completed. COUNCIL IMPLICATIONS: a. Policy: Not Applicable. b. Budget/Long Term Financial Plan: As outlined within the report. Current Council approved budget provision is $ 1,921,600. Contributions Plan 11 – Libraries had an opening balance at 1 July 2015 of $2,009,176. During 2015/16 receipts totalling $204,620 have been received. There is an annual loan commitment from CP11 of $56,696. If additional funding of $208,765 is sourced from CP11 there will be an estimated balance of $326,510 with annual net contributions of around $143,304 per annum ($200,000 – $56,696). The Community Facilities Reserve will contribute the remaining $320,000. c. Legal: Not Applicable.


d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


22 [CNR-CM] Tweed Regional Accessible Park and Playground Concept Plan for Public Exhibition

SUBMITTED BY: Community and Cultural Services

Validms



SUMMARY OF REPORT:

This report presents the draft Tweed Regional Accessible Park and Playground Concept Plan prepared for the site on Coral Street, Tweed Heads currently named Ebenezer Park. The Tweed Regional Accessible Park and Playground was originally identified as a priority by the community following extensive community consultation to support the development of the 7 Year Plan. The proposal is to construct a regional park and playground based on universal design principles that enables full accessibility and social inclusion to all members of the community regardless of age, ability or circumstances. RECOMMENDATION:

That Council: 1. Approves the draft Tweed Regional Accessible Park and Playground Concept

Plan. 2. Exhibits the draft Tweed Regional Accessible Park and Playground Concept

Plan for a period of 28 days accepts public submissions for a period of 42 days as per Section 160 of the Local Government Act 1993.


REPORT:

The Tweed Regional Accessible Park and Playground (the Project) was originally identified as a priority by the community following extensive community consultation to support the development of the 7 Year Plan. The proposal is to construct a regional park and playground based on universal design principles that enables full accessibility and social inclusion to all members of the community regardless of age, ability or circumstances. The site designated for the Project is Ebenezer Park on Coral Street, Tweed Heads. More recently the Project was included in the Access and Inclusion Plan (2014-2018) [the Plan], Strategic Outcome 2, Action 6: Strategic Outcome 2: Physical Infrastructure and Essential Services are Provided and Maintained in Line with the Principles of Universal Access and Social Inclusion. Strategic Action 6: Develop and confirm concept design of All Access Playground According to the Plan, concept plans were scheduled for finalisation in August 2015. The Tweed Regional Accessible Playground and Park will be designed and constructed using the principles of universal design providing access and inclusion for all members of the community as well as for visitors to the area. The Accessible Playground and Park will provide facilities, play spaces and recreational environments that cater to the needs of people with a range of physical and cognitive challenges. This means the inclusion of connecting and continuous pathways, outdoor furniture, shade and other fittings such as drinking fountains, play equipment, landscape features and both natural and constructed sensory elements specifically designed for universal accessibility. Due to the accessible design people with a range of abilities will be able to enjoy the park and play experience with their families and friends in an inclusive environment. The site will allow for the inclusion of active and passive spaces, children's play and areas for older visitors. On 1 June 2015, Plummer and Smith were engaged to provide Landscape Architect services for the design of the Tweed Regional Accessible Playground and Park as attached. Once the concept plan is endorsed following public exhibition detailed design of the site amenities will commence. OPTIONS: 1. That Council approves the draft Tweed Regional Accessible Park and Playground

Concept Plan. 2. That Council exhibits the draft Tweed Regional Accessible Park and Playground

Concept Plan for a period of 28 days accepts public submissions for a period of 42 days as per Section 160 of the Local Government Act 1993.

3. That Council does not approve the draft Tweed Regional Accessible Park and

Playground Concept Plan for public exhibition CONCLUSION: The adoption of the Tweed Regional Accessible Park and Playground Concept Plan is an important step in securing grant funding to complete this project of regional significance.


The project will see Council meeting its commitments under the Access and Inclusion Plan 2014-2018, the NSW Disability Inclusion Act 2014 (in preparation for the roll out of the National Disability Insurance Scheme commencing in Tweed in 2017) and the Convention on the Rights of Persons with Disability 2007. This project will also contribute to the economic and social development of the Tweed and surrounding region as a landmark destination for all ages and abilities. COUNCIL IMPLICATIONS: a. Policy: Access and Inclusion v1.1 b. Budget/Long Term Financial Plan: The Project is assigned baseline funding of $350,000 in the Long Term Financial Plan. Delivery of the complete project inclusive of all contingencies, at an estimated cost of $2,319,298.61 (excluding GST), is dependent on securing grant funding. Additionally, life cycle costs for the project have been estimated for a ten year period going forward starting at $64,920 for 2016/2017 financial year. However, there are opportunities for commercial enterprise at the site which can offset lifecycle costs. c. Legal: NSW Disability Inclusion Act 2014 requiring Councils to prepare and adopt Disability Inclusion Action Plans by 2017. d. Communication/Engagement: Involve/Collaborate-We will work with you on an ongoing basis to ensure your ideas, concerns and aspirations are considered. We will provide feedback on Council's decisions. There has been intensive consultation for the Project spanning a number of years: In 2011 a community Working Group was convened to inform the development of the Concept Plan. The eighteen member Working Group included Council staff from Recreation Services Unit (Manager and Landscape Architect) and Community and Cultural Services Unit (Community Development Officer - Ageing and Disability), allied health professionals, disability services workers from government and non-government organisations and community representatives with a lived experience of disability including parent of children with special needs. The working Group met monthly for eighteen months gathering information and evidence from a range of sources. The draft Concept Plan was presented to the Council staff and management, Equal Access Advisory Committee, Aboriginal Advisory Committee and Community Working Group in 2015. On 23 June 2016 it was presented to Council in a closed workshop.



Attachment 1. Tweed Regional Accessible Park and Playground Concept Plan (ECM4125656)


23 [CNR-CM] Withdrawal of Out of Hours Opening and Closing Fees - Banora Point Community Centre, Tweed Heads South HACC Hall and Activities Room


Valid


SUMMARY OF REPORT:

This report is to prepare for the installation of automated keypad systems for Banora Point Community Centre, South Tweed HACC Activities Room and South Tweed Community Hall, to reduce costs and make after hours access to our community facilities easier for users. The report recommends the withdrawal of the out of hours opening and closing fees for those facilities. RECOMMENDATION:

That the fee for "out of hours" opening and closing for Banora Point Community Centre and South Tweed Community Hall and South Tweed HACC Activities Room be removed from the Fees and Charges 2016/2017 from 1 July 2016.


REPORT:

The community hirers at Banora Point Community Centre and the HACC Activities Room and Community Hall at South Tweed Community Centre are currently assisted by a contractor to open and close the facilities after hours. There is a direct cost for this contract service that is covered by the published fees of $22.00 per call out. In the 2015/2016 financial year the total cost to Council to provide the out of hours opening and closing service was $8,020.

South Tweed Community Hall $2,940 South Tweed HACC Activities Room $220 Banora Point Community Centre $4,860

Total 2015/16 Expense $8,020 The administration of the hiring of Councils Community facilities is currently being reviewed and automatic key systems will be installed at Banora Point Community Centre, South Tweed Community Hall and South Tweed HACC Activities Room. Once the automatic keypad system is installed, there will no longer be a requirement for the out of hours opening and closing fees. In preparation for the installation, it is proposed that the fees be withdrawn from the published Fees and Charges 2016/2017. The installation of the gatekeeper security system which provides access control and alarm management linked to Councils network is currently being trialled for bookings at the South Sea Islander Room. To minimise confusion and to ensure clear directions are provided to community hirers, the online booking forms and facility information will be updated to assist hirers. The installation timeframes for this are not yet established, however are anticipated prior to December 2016. Removing the fee will mean that there is no income to offset the out of hours opening and closing expense from 1 July 2016 until the installation of the keypad system. However, the system will provide a more cost effective arrangement longer term and the withdrawal of the fee will be a benefit to the community hirers. The estimated costs to Council in withdrawing the fee while the automated system is trialled and implemented is approximately $3000. OPTIONS: 1. That the fee for out of hours opening and closing for Banora Point Community Centre

and South Tweed Community Hall and South Tweed HACC Activities Room be removed from the Fees and Charges 2016/2017 from 1 July 2016.

2. That the fee for out of hours opening and closing for Banora Point Community Centre

and South Tweed Community Hall and South Tweed HACC Activities Room not be removed from the Fees and Charges 2016/2017 until the installation of the gatekeeper security system.


CONCLUSION: The installation of the gatekeeper security system will provide a more cost effective arrangement for Council community facilities and the withdrawal of the fee will also benefit community hirers. As this work is planned in the near future, it is recommended that the fee be withdrawn as soon as possible to ensure that community members are not being charged unnecessarily. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: The installation quotations for the system can be met within the current budget for the facilities. The removal of the fees will have an impact between 1 July 2016 and the installation date of the security system as there is no budget to cover the current contract fee of $22 per call out. Based on the 2015/2016 fees this may amount to approximately $3,000. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


REPORTS FROM THE DIRECTOR ENGINEERING

24 [E-CM] Engagement of Consultant for Concept Design of the Raising of Clarrie Hall Dam

SUBMITTED BY: Water and Wastewater

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.2 Provision of a secure, high quality and reliable drinking water supply services which meets health and environmental requirements and

projected demand

SUMMARY OF REPORT:

Council has resolved to progress the planning of the raising of Clarrie Hall Dam. The activities to be undertaken include: • Flora and Fauna studies • Cultural Heritage studies • Environmental Flow studies • Survey • Seismic studies • Hydrological studies • Geological studies • Concept Design • Risk Assessments and Costings The bundling of the last five (5) items is considered the most efficient way to have those activities undertaken. In considering options for the procurement of this bundle of work, it is considered the engagement of the Crown, that is NSW Public Works, is the most cost effective manner to procure these items. Further, because of NSW Public Work's previous involvement with Clarrie Hall Dam, it is considered their engagement for this bundle of works will provide the best outcomes for Council. At the request of Council NSW Public Works has submitted a proposal for the bundle of works. The proposal is for $750,860 as compared to estimates for the work being from $715,000 to $855,000 is considered good value.


RECOMMENDATION:

That: 1. Council accepts the proposal, Clarrie Hall Dam Raising Concept Design, from

NSW Public Works in the amount of $750,860 (including GST). 2. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the




REPORT:

On 10 December 2015 Council resolved that:

Based on the information currently available, Council adopts the raising of the wall of the Clarrie Hall Dam as the preferred option for future water security and proceeds with the planning approval and land acquisitions phase for the project.

To progress the planning of the raising of the dam a number of separate activities need to be completed. They include: • Flora and Fauna studies to inform the environmental assessment of the project • Cultural Heritage studies to inform the environmental assessment of the project • Environmental Flow studies to inform the environmental assessment of the project • Survey to inform the concept design • Seismic studies to inform the concept design • Hydrological studies to inform the concept design • Geological studies to inform the concept design • Concept design to inform the environmental assessment of the project • Risk assessments and costings To procure the flora and fauna studies it is intended to use Council's environmental scientists. This will provide opportunities for the greatest Council involvement in the project as well as the retention of any intellectual capital gained. It is also envisaged that this involvement will provide continuity on flora and fauna issues throughout the project. Cultural Heritage and Environmental Flow studies will be undertaken by consultants engaged by Council under the provisions of s55 of the Local Government Act. This is because the studies will cost in excess of $150,000 and Council does not have the expertise to undertake the studies. It is intended to use Council's survey section for the survey. This will provide opportunities for the greatest Council involvement in the project as well as the retention of any intellectual capital gained. It is also envisaged that this involvement will provide continuity on survey throughout the project and provide broad experience to Council's surveyors. The seismic studies, hydrological studies, geological studies, concept design and risk analysis (including costs) are beyond the expertise of Council. Further, the studies and the concept design have to be coordinated as the outcomes of one study may impact on another. For example, the outcomes of the seismic studies will impact on the geological studies and visa versa. To manage the required coordination it is proposed that the seismic studies, hydrological studies, geological studies, concept design and risk analysis are undertaken by one entity. The costs of these studies were estimated, within Council, at:


• Seismic studies ....................... $ 25,000 to $ 30,000 • Hydrological studies ............... $ 40,000 to $ 50,000 • Geotechnical studies .............. $150,000 to $200,000 • Concept Design ...................... $450,000 to $500,000 • Risk analysis and costings ...... $ 50,000 to $ 75,000 • Total ........................................ $715,000 to $855,000 OPTIONS: The options to procure the studies and concept designs are determined by s55 of the Local Government Act. They are: • Call tenders, or • Engage the Crown (NSW Public Works) If Council were to call tenders for the work the risk relating to the specification of the work would rest with Council. To address this risk a detailed brief would be required which would in turn require the engagement of further consultants to assist in scoping and development of the brief. Further, any consultant tendering for the work would have to investigate all available information to become conversant with the dam before a proposal could be prepared. The cost to undertake such investigation would need to be recovered from Council through the contract amount. Council would incur the cost of tendering which in this case may be in the order of tens of thousands of dollars for tender preparation, advertising, tender briefings, tender assessment and probity advise. In the alternate, under s55 of the Local Government Act Council, Council can enter into a contract with the Crown for the works; in this case the Crown being NSW Public Works. This option has the advantages of: • NSW Public Works understanding of the dam as they were the original designers of

the dam and constructed the dam. It is also worth noting that NSW Public Works designed the dam to be raised.

• NSW Public Works previous geological, hydrological and seismic studies, risk assessments can be drawn on to reduce the cost of studies for the dam raising.

• NSW Public works knowledge of the spillway as they undertook the design and project managed the upgrade of the spillway.

• NSW Public Works previous cost estimation for the dam which included consideration of construction methodology and risks

Based on the above items it was considered the most cost effective method to procure the studies and concept design was through the engagement of NSW Public Works. Further, due to their knowledge and previous work on the dam, the engagement of NSW Public Works would provide Council with the best considered concept design for the raising of the dam.


NSW PUBLIC WORKS PROPOSAL: In January 2016 Council requested NSW Public Works to provide a detailed proposal for the studies and concept design. NSW Pubic Works have responded providing a detailed proposal for the: • Seismic studies • Hydrological studies • Geological studies • Concept design • Spillway modelling • Construction Methodology and risks The proposal is for the amount of $750,860 inclusive of GST and contains a provision amount of $75,000 in the event that a geological drilling rig needs to be air lifted into place to undertake drilling for the geological investigations. As compared to the original estimates of $715,000 to $855,000 the proposal of NSW Public Works is considered good value. CONCLUSION: Council has resolved to progress the planning of the raising of Clarrie Hall Dam. The activities to be undertaken include: • Flora and Fauna studies • Cultural Heritage studies • Environmental Flow studies • Survey • Seismic studies • Hydrological studies • Geological studies • Concept Design • Risk Assessments and Costings The bundling of the last five (5) items is considered the most efficient way to have those activities undertaken. In considering options for the procurement of this bundle of work it is considered the engagement of the Crown, that is NSW Public Works, is the most cost effective manner to procure the bundle of work. Further, because of NSW Public Work's previous involvement with Clarrie Hall Dam it is considered their engagement for this bundle of works will provide the best outcomes for Council. At the request of Council NSW Public Works has submitted a proposal for the bundle of works. The proposal is for $750,860 as compared to estimates for the work being from $715,000 to $855,000 is considered good value. As compared to the original estimates of $715,000 to $855,000 the proposal of NSW Public Works is considered good value.


COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: The planning for the raising of Clarrie Hall Dam and the raising of Clarrie Hall Dam have been included in Council's long term financial plans. c. Legal: Not Applicable. d. Communication/Engagement: Consult - we will listen to you, consider your ideas and concerns and keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. NSW Public Works Clarrie Hall Dam Raising Concept Design, Proposal for Professional Services (ECM 3970393)


25 [E-CM] Regional Development Australia - Northern Rivers Funding SUBMITTED BY: Design

Validms


SUMMARY OF REPORT:

The Chair, the Honourable, Mr Don Page and new Chief Executive Officer, Mr Alex Smith, of Regional Development Australia (RDA) Northern Rivers presented to the June NOROC meeting and made a request for councils to identify their top 3 "shovel ready" projects for inclusion in a review by RDA Northern Rivers that will identify the top ten regional priorities and projects. NOROC were advised of the following State and Federal funding opportunities: • National Stronger Regions funding of $700 million remaining Australia wide. • $300 million for environmental and tourism related projects • $110 million from the tourism infrastructure fund • $6 billion for regional projects from the proceeds from the leasing of poles and wires

(much of this money is identified in State education and health initiatives, however, there is the opportunity for Local Government regional infrastructure projects to also be given consideration).

Proceeds from the New South Wales Governments "Poles and Wires" project start to come on line from the end of 2016. This report identifies seven (7) significant Tweed infrastructure projects that are "shovel ready" and it is requested that Council rank these in order of priority. This prioritised list will be provided through NOROC to RDA Northern Rivers for inclusion in their revised Regional Plan. The list of projects for Council's consideration are as follows: 1. Northern Rivers Rail Trail – Tweed Stage $13.04m 2. Clarrie Hall Dam Raising $64m


3. All Access Playground Ebenezer Park $2.64m 4. Stage 2 Arkinstall Park $28m

Co-partner NSW Department Education

5. Tweed Valley Way Riverbank Stabilisation $9m 6. Stage 2 Lower Tweed Transport Master Plan

- Kirkwood Road West and Interchange (western side) $38.4m

7. Kennedy Drive Interchange with the Pacific Highway $6m The listed projects currently are progressing towards "construction readiness". The following table lists the projects in order of their current "construction readiness" based on progress to date on designs and approvals and expected degree of difficulty to finalise outstanding components to achieve construction readiness. Project Estimate of Cost Northern Rivers Rail Trail $13.04m All Access Playground Ebenezer Park $2.64m Tweed Valley Way Riverbank Stabilisation $9m Kennedy Drive Interchange with the Pacific Highway $6m Stage 2 Arkinstall Park $28m Stage 2 Kirkwood Road $38.4m Clarrie Hall Dam Raising $64m RECOMMENDATION:

That Council prioritises the above list for submission to Regional Development Australia Northern Rivers for consideration of inclusion in the region's top ten projects for funding consideration.


REPORT:

Proceeds from the New South Wales Governments "Poles and Wires" project start to come on line from the end of 2016. This report identifies seven (7) significant Tweed infrastructure projects that are "shovel ready" and it is requested that Council rank these in order of priority. This prioritised list will be provided through NOROC to Regional Development Australia Northern Rivers (RDANR) for inclusion in their revised Regional Plan. The list of projects for Council's consideration are as follows: 1. Northern Rivers Rail Trail – Tweed Stage $13.04m 2. Clarrie Hall Dam Raising $64m 3. All Access Playground Ebenezer Park $2.64m 4. Stage 2 Arkinstall Park $28m

Co-partner NSW Department Education

5. Tweed Valley Way Riverbank Stabilisation $9m 6. Stage 2 Lower Tweed Transport Master Plan

- Kirkwood Road West and Interchange (western side) $38.4m

7. Kennedy Drive Interchange with the Pacific Highway $6m


The following table lists the projects and their current status in terms of detailed design and approvals. PROJECT STATUS SUMMARY Project Estimate

of Cost Concept Design

Detailed Design Planning Approvals

Northern Rivers Rail Trail

$13.04m Yes. - Detailed Stage 1 to TRAG complete and remainder could be produced in stages to allow construction to continue

A Part V planning approval is required Approval 98% complete for Stage 1 to the TRAG

Clarrie Hall Dam Raising

$64m Yes. - Concept No. A Part V and EIS required and several supporting studies required some preliminary studies commenced.

All Access Playground Ebenezer Park

$2.64m Yes. - Concept No. Could be progressed relatively quickly

A Part V required. Previously exempt Development

Stage 2 Arkinstall Park

$28m Yes. - Concept No. A Part V required Other studies and consultation completed

Stage 2 Kirkwood Road

$38.4m Yes - Detailed No. Road design completion straight forward but bridge over motorway design complex and time consuming as RMS input and approval required

Planning Approvals issued

Tweed Valley Way Riverbank Stabilisation

$9m No. But Locations of works identified

No. Could be progressed relatively quickly

A Part V application/s require d but fairly straight forward

Kennedy Drive Interchange with the Pacific Highway

$6m Yes. - Concept only

No. Design process is involved as RMS would need to be consulted

A Part V required

None of the listed projects currently has the status of "shovel ready" (able to start construction) and are all in progress towards being ready for construction.


The following table lists the projects in order of their current "construction readiness" based on progress to date on designs and approvals and degree of difficulty to finalise outstanding components to achieve construction readiness. Project Estimate of Cost Northern Rivers Rail Trail $13.04m All Access Playground Ebenezer Park $2.64m Tweed Valley Way Riverbank Stabilisation $9m Kennedy Drive Interchange with the Pacific Highway $6m Stage 2 Arkinstall Park $28m Stage 2 Kirkwood Road $38.4m Clarrie Hall Dam Raising $64m Project Details 1. Northern Rivers Rail Trail – Tweed Stage Project Summary The Tweed stage of Northern Rivers Rail Trail involves the re-development of 24 kilometres of disused rail corridor from Murwillumbah to Crabbes Creek creating a shared use Rail Trail. The Tweed segment is seen as a core component of the Northern Rivers Rail Trail as it will connect the regional centre of Murwillumbah with the villages of Stokers Siding, Burringbar, Mooball and Crabbes Creek. Stage 1 from Murwillumbah Station to the Tweed Regional Art Gallery is completed in terms of detailed design and the planning application is nearing finalisation. The Rail Trail would attract valuable tourism to the area and the increase in visitor numbers will sustainably assist in growing the regional economy, increase employment opportunities and improve the socio-economic wellbeing and physical environment of the Northern Rivers community. The Rail Trail would also facilitate active transport and recreation options for residents. Project Scope The works to complete the Rail Trail would take three main stages and be undertaken over a two year period. The first stage is the preparation of the Rail corridor which involves clearing the current overgrown rail line, removal of rails, rotten timbers and rehabilitation of stormwater drainage systems. A detailed inspection, survey and final design will then be prepared. Stage two involves the formation of the Rail Trail where the Trail itself will be defined by forming pavements, sealing and forming links to adjacent villages and attractions. Tunnels and bridges will also be retrofitted or rehabilitated to ensure suitability for pedestrians and cyclists. Lastly, the Trail is then prepared with interpretive signage, furniture and fencing. Local volunteer organisations will assist with bush regeneration. Council intends to complete design of the project in-house using Council's Design Unit and deliver construction through an external contractor managed by Council's Infrastructure Delivery Unit. Council has extensive policies and procedures in place to manage all aspects of the project.


Budget Summary Estimated Expenditure Prepare rail corridor $1,713,208 Form rail trail $10,126,169 Install trail furniture, signage and fencing $1,196,161 Total Expenditure $13,035,538 Concept Design

Planning and Environmental Approvals The NRRT-Tweed Stage would be assessed under Part 5 of the EP&A Act to determine whether the proposal is likely to have a significant impact on the environment. The assessments listed below would be included into a Review of Environmental Factors (REF) report. Stage 1 approval application is 98% complete and could readily be finalised.


Specific assessments that are likely to be required to support the REF (in addition to general impact assessments) are summarised in the table below. ASSESSMENTS Required Assessment / Approval Responsibility / Comment Preliminary Aboriginal Cultural Heritage Assessment (Due Diligence Assessment)

Prepared by TSC Design Unit

Statement of Heritage Impact (SOHI) Prepared by an external Heritage Consultant

Preliminary Site Investigation (Contaminated Land)

Prepared by TSC Design Unit

Flora and Fauna Assessment prepared by TSC Design Unit

Noise and vibration Management Plan prepared by TSC Design Unit

Aquatic habitat assessment (to support Fisheries permit application for proposed waterway crossings)

prepared by TSC Design Unit

Assessment of Commonwealth matters of National Environmental Significance

prepared by TSC Design Unit

PERMITS / LICENCES / APPROVALS NSW Fisheries Permit Required for any works within bed and

banks of a waterway NSW Land and Property Management Authority – Short-Term Licence

For works within a Crown Land waterway (subject to further detailed design)

2. Clarrie Hall Dam Raising Project Summary A study has been undertaken by NSW Public Works to determine the optimum size of Clarrie Hall Dam. It determined the optimum size of the dam was 43,000 ML based on raising the dam wall height by 8.5m to a dam wall height of 70m AHD. The secure yield of the raised Clarrie Hall Dam has been estimated by NSW Urban Water Services after undertaking stream flow estimation for both present flows and flows adjusted for climate change, and modelling the behaviour of the dam within licenced operating conditions. The modelling estimated the 2030 secure yield as 22,700ML/a. The raised Clarrie Hall Dam would be able to provide adequate water supply to Tweed Shire until approximately 2046. Cost estimates for the dam have been prepared by NSW Public Works. Those estimates were amended to include environmental assessment, project management and contingency for preconstruction. As many of the factors influencing the cost of raising Clarrie Hall Dam are known, there is a higher degree of certainty with the cost estimates and there is only a small probability they could increase relative to other options. The estimated cost of all pre construction and construction activities is $64,000,000.


As the dam already exists there would be little or no additional operating costs for the raised dam. Project Scope On 10 December 2015 Council resolved that:

"Based on the information currently available, Council adopts the raising of the wall of the Clarrie Hall Dam as the preferred option for future water security and proceeds with the planning approval and land acquisitions phase for the project."

To progress the planning of the raising of the dam a number of separate activities need to be completed. They include: • Flora and Fauna studies to inform the environmental assessment of the project • Cultural Heritage studies to inform the environmental assessment of the project • Environmental Flow studies to inform the environmental assessment of the project • Survey to inform the concept design • Seismic studies to inform the concept design • Hydrological studies to inform the concept design • Geological studies to inform the concept design • Concept design to inform the environmental assessment of the project • Risk assessments and costings Land acquisitions are currently being negotiated with affected land owners. At the conclusion of the above studies and concept design, a planning application will be prepared and submitted seeking approval for construction. Budget Summary Estimated Expenditure Concept Design and all associated studies, acquisitions, Planning application Detailed Design and Construction

$64,000,000

Total Expenditure $64,000,000 Planning and Environmental Approvals The preliminary works described above will form the basis of a Part V Planning application including an Environmental Impact Statement (EIS) for the project. 3. Tweed Regional Accessible Playground and Park Tweed Heads Project Summary This project is for the construction of a regional park and playground based on universal design principles that enable full accessibility and social inclusion to all members of the community regardless of age, ability or circumstances. The site for the Accessible Playground and Park is Coral Street, Tweed Heads. The Tweed Regional Accessible Park and Playground was identified as a project under the 7 Year Plan and assigned baseline funding of $350,000 in the Long Term Financial Plan.


The development of the Concept Design and securing grant funding for the project is an Action in the Access and Inclusion Plan 2014-2018. The draft Concept Design was prepared by Plummer and Smith, Landscape/Art/Design in 2015. Project Scope The Tweed Regional Accessible Playground and Park will be designed and constructed using the principles of universal design providing access and inclusion for all members of the community as well as for visitors to the area. The Accessible Playground and Park will provide facilities, play spaces and recreational environments that cater to the needs of people with a range of physical and cognitive challenges. This means the inclusion of connecting and continuous pathways, outdoor furniture, shade and other fittings such as drinking fountains, play equipment, landscape features and both natural and constructed sensory elements specifically designed for universal accessibility. Due to the accessible design people with a range of abilities will be able to enjoy the park and play experience with their families and friends in an inclusive environment. The site will allow for the inclusion of active and passive spaces, children's play and areas for older visitors. Budget Summary The project can be delivered in two stages with the overall construction estimated at $2.64m. Life cycle costs for the project have been estimated for a ten year period going forward starting at $64,920 for 2016/2017 financial year. Estimated Expenditure Stage 1 $1,580,303 Stage 2 $402,465 Design/approvals/fees contingency $134,400 Contingency $530,000 Total Expenditure $2,640,000 (*Estimate Jan 2016 plus extra 10% added for time lag to delivery)


Concept Design

Planning and Environmental Approvals The proposal is permissible under Part V of the Environmental Planning and Assessment Act 1979. Specifically, the proposal would require a Part V Application including Review of Environmental Factors (REF) report as per Division 12 (Parks and other public reserves), Clause 65 (3) of the State Environmental Planning Policy (Infrastructure) 2007. Council’s Development Assessment Unit would be the determining authority. An exempt development memo for an all access park upgrade at the site was issued in 2014.However, the amenities facility and the parking were not included as part of the project scope. These additional elements trigger a new Part V process and application On file is a letter of support from NSW Crown Lands (dated April 2014) given the land is Crown Land, and a note regarding support for the proposal by the Tweed Aboriginal Advisory Committee (AAC). 4. Arkinstall Park Stage 2 Project Summary The site is located in Tweed Heads, on the junction of Cunningham Street and Oxley Street (partially a paper road) and is bounded by Kirkwood Road extension on the southern site. The western side of the site is bounded by residential properties, reserve, and the Lindisfarne Anglican School. Council has been engaging with the community since 2002 to plan for the delivery of regional level recreation facilities across the Shire. A key recommendation identified in the


initial strategies included the development of Arkinstall Park, Tweed Heads as a regional sports hub for the Shire. The subsequent layers of planning have continued to refine the concept and master plan as outlined below. 2002: Tweed Shire Open Space Infrastructure Policy: 2002: Contribution Plan 26 – Shirewide/Regional Open Space: 2005: Regional Sport and Recreation Facilities Plan: 2008: Feasibility and Master Plan Study for Proposed Regional Sports Complex at Arkinstall Park - Tweed Heads. 2015: Arkinstall Park Stage 2 Feasibility Study and Concept Plan This project will provide improved regional level sporting facilities in Arkinstall Park, primarily providing facilities for higher levels of competition, such as enabling state level competitions for netball, and providing a regional tennis facility which complies with the facility requirements identified by Tennis Australia/NSW. Future stages will provide regional football and indoor facilities. The project will provide improved parking on site, and recreation facilities for families. A program of use was developed based on the demand assessment and financial projections developed based on this program and suggested fees. The program as proposed will result in a total of 351,360 participants and spectator visits per year. The facilities offered in the centre will cater to a broad cross section of the community fulfilling wide ranging community needs and catering to a broad range of interest groups, special needs, demographic and socio economic profiles. Demographic analysis identified the trend toward an aging population in the Tweed Shire. This is reflective of the social trend identified in the Tweed Youth Strategy (Tweed Shire 2013) that a high proportion of young people leave the Tweed Shire when they reach 18 to access employment, study and other opportunities. A regional sport centre presents an opportunity to engage this age group with participation and employment opportunities in coaching, training or facility management. In addition, the aging demographic triggers demand for indoor programs and social activities that are affordable and close to home. Stage 1 of the project has been completed and has included such features as netball building and court upgrades, new tennis building, lighting and courts and construction of formalised car parking and access roads. Scope of Project The scope of this project encompasses project delivery planning, detailed design and Part V approvals In 2014/2015 council undertook a feasibility study and concept plan process for stage 2 of the Arkinstall Park Regional Sports Centre which includes:


A multi-purpose indoor facility with the following components: • Three sprung timber floor courts suitable for regional competition level basketball, futsal

and indoor netball. • One equivalent court purpose-built for gymnastics including training pits provided for all

vaulting and parallel beam training. Also used for activities such as parkour, indoor rock climbing, diving training etc.

• Two multi-purpose rooms to cater for group fitness and spin activities, or be a social space directly associated with the soccer pitch No 1.

• A dedicated gymnasium, to cater for cardio and weight training/ fitness. • A crèche/occasional care space has been provided for, including outdoor play space. • A centre operated sports administration area, as well as independent sports offices for

local sport programming or club admin. • A precinct managed cafe which can cater for both stadium (indoor) and outdoor patrons. • Spectator seating (telescopic stadia seating) in both the gymnastics hall and sports hall

to cater for both training and competition usage. • Associated break out areas to assist with event marshalling or game day competitions.

These break out spaces can cater for both indoor and outdoor events. • Future expansion area (to the south) for at least 1 additional court and gym space. An outdoor football spectator venue and associated spaces with the following components: • Four grass pitches suitable for regional competition level soccer- football, (to FIFA 2014

pitch standards) to serve rugby league, rugby union and touch football. • Under cover seating at 300 seats at pitch no. 1. 200 at pitch no. 2 and 100 at pitch no. 3

and 4. • Provision for State and regional matches for amateur competition i.e. state youth

championships. • A separated ‘soccer’ dedicated canteen and amenities (located between pitches 2 and 3

to minimise distance of travel to the stadium). • Civic hub/piazza at the frontage of the stadium connects the soccer precinct to the

northern Tennis and Netball Precinct. • Family BBQ area amongst shaded landscaped area. • Team and spectator covered seating for all soccer pitches. • Landscape buffer to all adjacent properties is a minimum depth of 15m. • Car park has an additional 240 spaces in the east and 61 spaces to the north. • Court expansion space to the south. • Sport lighting to 250 lux is proposed to the southern 3 pitches. No lighting will be

provided to pitch No. 4 to ensure no light spread (pollution) to the adjoining residential properties to the west of soccer pitch No. 4.

• External storage zones have been provided to all individual soccer pitches.


Concept Design

Budget Summary All funds in Section 94 Contribution Plan 26 Shire wide Regional Open Space were committed to the recently completed Stage 1 of the project. The Plan is reliant on contributions received from development (primarily residential) and is unlikely to have sufficient funds to complete the works listed below, with significant grant funding. Estimated Expenditure Upgrades to 3 sports fields, including turf, spectator facilities and lighting, other external works

$7,518,000

Sports Stadium/ multi-purpose indoor facility $13,470,000 Environmental Sustainable Design $630,000 Contingency $2,151,000 Professional and Authority Fees $2,330,450 Total Expenditure $28,100,100 Planning and Environmental Approvals All works identified as deliverables in Stage 2 are Permissible without Consent under the State environmental planning policy 'Infrastructure' 2007, Division 12 Parks and Other Public Reserves, Clause 65. This means that the project falls under Part V approval of the EP&A Act.


Planning Approval Additional Reports Status

EPA Act Part V Approval Approval Required. Feasibility & Master Plan Study Completed. Stakeholder & Community

Consultation

Undertaken as part of Master Plan Study. Community engagement Undertaken as part of Stage 1.

Cultural Heritage Assessment

Undertaken as part of Stage 1.

Environmental Assessment

Undertaken as part of Stage 1.

5. Tweed River Bank Stabilisation Project Summary The severity of river bank erosion in the Tweed estuary varies considerably; however overall, the scale of the problem is large. River reaches with the most severe and continuous bank erosion are located between Murwillumbah and Stott's Island, primarily adjacent to the Tweed Valley Way and Tumbulgum Road. Within this river reach, erosion is predominantly impacting on road reserve, as opposed to private land or public open space. This project is identified in the Tweed River Estuary Bank Management Plan 2014 which also provides a schedule of works to stabilise river bank erosion on public land (to be undertaken by Council), as well as updated design advice for works required on private land. The plan has been developed based on the following principals: • Environmental values of the riparian environment will be protected and enhanced. • High value public infrastructure and public open space will be protected. • The visual and recreational amenity of the river environment will be protected and

enhanced. • Where practical, vulnerable river banks will be managed to increase their resilience to

erosion through pre-emptive erosion management. The range of bank stability conditions has been mapped to inform the preparation of the management plan. It is estimated that there is 5,800 metres of roadway within the priority reach that is at risk of being affected by bank slips within the next five to ten years. Project Scope Undertake riverbank stabilisation works based on the Report's findings. In the case of TSC managed land adjacent to roads, the total bank length equal to or less than 7.5 m of the road edge is 10,667 m. The portion of this overall total where erosion is severe is 5,800 metres. It is likely that a large proportion of this length will need to be structurally stabilised.


Wherever possible, design options will include the principal of providing rock fillets to encourage mangrove colonisation of the bank toe in addition to full structural protection of river banks. Bio-engineered designs that maximise ecological and amenity values should also be utilised where feasible. Budget Summary At an estimated cost of $1500 per lineal metre to stabilise river bank erosion (based on the average cost per metre rate of erosion stabilisation work recently undertaken by Council), the total cost to stabilise severe erosion adjacent to roads could be as much as $9,000,000 over ten years. Maintenance costs would add to this figure. This project can be staged over several years. Concept Design

(*From the Tweed River Estuary Bank Management Plan 2014) Planning and Environmental Approvals When river bank erosion stabilisation projects involve earth works or the placement of rock or any other material into a waterway, approval and permits are required to be sought from Council and a number of state government agencies. The types of approvals required are different for Council and private land owners. For private landowners, the approval pathway is different when works are in tidal and non-tidal waters. Council Work Council is required to seek a Part V activity approval for river bank stabilisation projects. Part V approval requires the undertaking of a review of environmental factors (REF). The REF process is aimed at identifying and assessing the significance of any potential impact


of the proposed project on matters such as flora, fauna, water quality, cultural heritage etc. If works are to be undertaken on Crown Land (or within a Crown waterway reserve), land Owners consent to lodge an application to undertake the activity must be sought from the Department of Lands. Upon receipt of an approval to undertake works, a temporary license to occupy the Crown land and undertake the works must also be sought. If works are to be undertaken within a waterway, a permit from the NSW Department of Primary Industries Fisheries must also be sought. This process is applicable for works in both tidal and non-tidal waterways. Work on Private Land The Tweed LEP 2014 is the planning instrument that defines the permissibility and approval process required for work and activities in the Tweed Shire. Advice should be sought from the Tweed Shire Council Development Assessment Unit for works within a tidal area, or from the NSW Office of water in non-tidal areas. 6. Kirkwood Road and Pacific Highway Interchange, Ramps Stage 2 Project Summary This project was identified as part of the 2006 Lower Tweed Heads Pacific Highway Traffic Master Plan. Council has completed construction of Stage 1 being the eastern section of the Kirkwood Road project. This includes the eastern Kirkwood Road extension, eastern interchange, south bound on ramp and south bound off ramp completed in 2013 at a cost of approximately $18m funded by Council and the RMS. Stage 2, being the western section of the Kirkwood Road project which includes the east west highway overpass, northbound off ramp, western interchange and the Kirkwood Road link to Fraser Drive remains unfunded at this time and is the subject on this report. Stage 3 involves the construction of dual service roads between Kirkwood Road and Kennedy Drive parallel to the Highway which completes the ultimate road configuration identified in the Masterplan. This work has been separated from the Stage 2 above as no design has been completed or approvals obtained. There are significant benefits in constructing the full east west Kirkwood Road and interchanges project, these benefits include; providing commuters with alternative routes for access/egress to/from the Pacific Highway, subsequent reductions in traffic flow along Dry Dock Road and Kennedy Drive east of the Pacific Highway and alternative access to the South Tweed Heads Business District. Scope of Project This project will provide Council with a progressive transport link in its future transport system. An additional benefit of the project will be that it provides further incentive for progressive development of the South Tweed Heads area whilst catering for the anticipated population growth of the Tweed.


Concept Plan

Budget Summary The Regional Development Australia (RDA) funding request would be for the Stage 2 Western Section Only. Estimated Expenditure Western Section Stage 2 Upper Estimate

Estimated Cost Conceptual Design

$28,003,000

Finalise bridge design and construction technique risk

$6,500,000

Rock anchors and geotechnical support of major cutting risk

$3,900,000

Remove and remediate unsuitable ground

$975,000

Total Expenditure $38,403,000 *Original estimate from 2011 report has been increased by 30% Planning and Environmental Approvals The Kirkwood Road Project including Stage 1 and Stage 2 from Fraser Drive west of the Pacific Highway to Minjungbal Drive to the east and highway on and off ramps was approved subject to conditions on the 19 May 2011 (Approval Reference PTV10/0032). Project approval was pursuant to Part 5 of the Environmental Planning and Assessment Act 1979. A summary of Approval details, including associated permits to disturb Aboriginal Cultural Heritage, are provided in Table 1 below.


Table 1: Summary of project approvals and permits Planning Approval Approval Type Status

Environmental Planning and Assessment Act, 1997 (EP&A Act)

Part 5 Assessment including Review of Environmental Factors (REF) Report

Project approval (Stage 1 and Stage 2) issued 19 May 2011 (reference: PTV10/0032)

NSW National Parks and Wildlife Act 1974

Aboriginal Heritage Impact Permit (AHIP) to remove a scarred tree

AHIP number 1126652 issued 26 May 2011.

AHIP Variation to disturb areas west of Pacific Highway

AHIP Variation Notice No. 1131922 issued 12 march 2013

7. Kennedy Drive Interchange with Pacific Highway Upgrade Project Summary As the interchange approaches capacity in the morning and afternoon traffic peak periods it would be an advantage to bring forward the future interchange upgrade. The work would involve roundabout upgrades or coordinated signalisation of the current “dog bone Intersection” including additional slip lanes. The upgrade would include additional left turn slip lanes, upgrades and alterations to existing traffic lanes to optimise capacity, roundabout upgrades or signalisation of the eastern and western Highway ramps. Detailed concept design work and traffic modelling has been completed for this project. Project Scope The project includes road widening between the Highway ramps, traffic signal at the eastern and western ramps, altered traffic lanes and possible signal coordination with the Ducat Street signals. Budget Summary The estimated cost of this project based on estimates in the Tweed Distributor Roads Contribution Plan is: Estimated Expenditure Upper Estimate

Design & construction $6,000,000 Total Expenditure $6,000,000


Concept Design

Planning and Environmental Approvals No work has been undertaken on preparing required applications at this time. OPTIONS: The options are to identify Council's preferred top three project from the above list of projects and submit them to the RDA Northern Rivers in any combination. CONCLUSION: The following table lists the projects in order of their current "construction readiness" based on progress to date on designs and approvals and degree of difficulty to finalise outstanding components to achieve construction readiness. Project Estimate of Cost Northern Rivers Rail Trail $13.04m All Access Playground Ebenezer Park $2.64m Tweed Valley Way Riverbank Stabilisation $9m Kennedy Drive Interchange with the Pacific Highway $6m Stage 2 Arkinstall Park $28m Stage 2 Kirkwood Road $38.4m Clarrie Hall Dam Raising $64m


It is requested that Council prioritises the above list for submission to RDA Northern Rivers for consideration of inclusion in the region's top ten projects for funding consideration. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. All identified projects are either a resolved position of Council or included in its Community Strategic Plan and Tweed Road Development Strategy. b. Budget/Long Term Financial Plan: Funding as per the amounts detailed within the report. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


26 [E-CM] Provision of Water and Sewerage Services to Cobaki SUBMITTED BY: Water and Wastewater

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.3 Provision of high quality and reliable wastewater services which meets health and environmental requirements and projected demand

SUMMARY OF REPORT:

Council has been advised that Leda had engaged Northern Water Solutions (NWS) to provide water and wastewater services to the development at Cobaki. For NWS to provide water and wastewater services to Cobaki it needs to obtain a licence from the Independent Pricing and Regulatory Tribunal (IPART) to operate and retail the services. As part of the application for that licence NWS needs a "Letter of Intent" from Council. Council can advise NWS that it is technically feasible to provide bulk water and receive treated wastewater from NWS. It also needs to advise NWS that before making any commitment to provide bulk water and receive treated wastewater Council needs to determine the impact on Council's infrastructure, develop an agreement which ensures Council is not disadvantaged and that the matter would require the consideration and a resolution of Council. A letter to that effect has been drafted and is attached for consideration. RECOMMENDATION:

That: 1. Council issues a letter to Northern Water Solutions (NWS) advising it is

technically feasible for Council to provide bulk water and receive treated wastewater from NWS for the Cobaki Development subject to:

a) Determining the impact on Council's infrastructure. b) Developing an agreement which ensures Council is not disadvantaged and; c) A further resolution of Council approving the negotiated agreement.


2. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a person



REPORT:

Council met with representatives of Leda/Manorstead (Leda) and Northern Water Solutions (NWS) on 31 May 2016. The purpose of the meeting was to discuss the provision of water and wastewater services to the development at Cobaki. At the meeting Council was advised that Leda had engaged NWS to provide water and wastewater services to the development at Cobaki. To provide water services NWS proposed it would enter into an arrangement for the supply of bulk water with either Gold Coast City Council or Tweed Shire Council. For the provision of wastewater services NWS proposed entering into an agreement with Tweed Shire Council for the receipt of excess treated wastewater. For NWS to provide water and wastewater services to Cobaki it needs to obtain a licence from the Independent Pricing and Regulatory Tribunal (IPART) to operate and retail the services. NWS is presently preparing the licence applications. To be able to get the required licences NWS needs to demonstrate to IPART that it could obtain water from Tweed Shire Council and that Tweed Shire Council could receive the excess treated wastewater. NWS requested a letter from Tweed Shire Council to that effect in the meeting of 31 May 2016. NWS referred to the letter as a "Letter of Intent". In an email of 8 June 2016 NWS provided Council with a number of previous letters, from other water entities, as a basis to draft a letter to NWS. Although the proposals to supply bulk water to and receive treated wastewater from the NWS servicing of Cobaki are technically feasible, without the provision of a water balance for the development, Council cannot assess the impact of the proposals on Council's infrastructure. Further, Council cannot consider the terms of any agreement with NWS without information on the quantities of water sought, and under what conditions, the water would be supplied. Given that situation, in responding to the request from NWS, the advice that Council can provide is limited to advising NWS that it is technically feasible to provide bulk water to and receive treated wastewater from NWS but: 1. The impact on Council's infrastructure would need to be determined. 2. An agreement between Council and NWS would need to be drafted and it

demonstrated to Council that Council would not be disadvantaged. 3. That such an agreement would require the consideration of Council and a resolution of

Council. 4. That this advice is not a commitment from Council to provide bulk water and/or receive

treated wastewater. OPTIONS: There are two broad options. They are:


1. Provide a letter advising that Council is not prepared to provide bulk water supply and/or receive treated wastewater from NWS.

2. Provide a letter advising that it is technically feasible to provide bulk water and/or

receive treated wastewater with the above mentioned conditions. To provide a letter to NWS that Council is not prepared to provide bulk water supply and/or receive treated wastewater from NWS would result in NWS sourcing bulk water from another supplier such as Gold Coast City Council or SEQ Water. The only impact on Council of this option would be some increased longevity of existing water supplies (about 2 to 3 years) and extended carriage of debt due to reduced developer contributions and reduced revenue streams. The impact although adverse to Council would be minor. If Council were not to accept treated wastewater from NWS this may frustrate the development at Cobaki. The frustration may cause the intervention of the State Government or litigation. The alternate of providing a letter advising that the supply of bulk water and/or receive treated wastewater is technically feasible subject to the above mentioned conditions would allow Council to negotiate with NWS for the services and ensure Council was not disadvantaged in any agreements made or directions given. A draft letter has been prepared and is attached. CONCLUSION: Council has been advised that Leda had engaged NWS to provide water and wastewater services to the development at Cobaki. For NWS to provide water and wastewater services to Cobaki it needs to obtain a licence from the Independent Pricing and Regulatory Tribunal (IPART) to operate and retail the services. As part of the application for that licence NWS needs a "Letter of Intent". Council can advise NWS that it is technically feasible to provide bulk water and receive treated wastewater from NWS. It also needs to advise NWS that before making any commitment to provide bulk water and receive treated wastewater Council needs to determine the impact on Council's infrastructure, develop an agreement which ensures Council is not disadvantaged and that the matter would require the consideration and a resolution of Council. A letter to that effect has been drafted and is attached for consideration. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: Any agreement entered into must ensure Council is not disadvantaged.


c. Legal: No formal legal advice has been sought. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. Draft Letter to Northern Water Solutions (ECM4109544) (Confidential) Attachment 2. Email from Northern Water Solutions dated 8 June 2016

(ECM 4097826)


27 [E-CM] Renaming of Bogong Street to Darro Road, Terranora SUBMITTED BY: Design

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.4 An integrated transport system that services local and regional needs 2.4.1 Provide a safe and efficient network of arterial roads connecting neighbourhoods to town centres, employment, shopping, health,

commercial and education facilities

SUMMARY OF REPORT:

Council at its meeting of 21 April 2016 resolved to advertise its intention to rename Bogong Street to Darro Road at Terranora and allowed one month for objections to the proposal. No objections were received. It is recommended that Darro Road be adopted for the renaming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. RECOMMENDATION:

That: 1. Council adopts the name of Darro Road for the road formerly known as Bogong

Street at Terranora. 2. The naming of the public road be Gazetted under the provisions of the Roads

(General) Regulation, 2008 and the Roads Act, 1993.


REPORT:

Council at its meeting of 21 April 2016 resolved to advertise its intention to rename Bogong Street to Darro Road at Terranora and allowed one month for objections to the proposal. No objections were received. Below is a plan showing the proposed location of Darro Road, Terranora.

OPTIONS: The process of renaming the public road reserve as Darro Road complies with and has been completed in accordance with Council's Policy - Naming of Streets and Roads. CONCLUSION: It is recommended that Darro Road be adopted for the renaming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. COUNCIL IMPLICATIONS: a. Policy: Naming of Streets and Roads v1.2. b. Budget/Long Term Financial Plan: No budget impacts.


c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. The Aboriginal Advisory Committee were consulted. Darro Road name was advertised in the Tweed Link on 10 May 2016 and no submissions were received. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


28 [E-CM] Naming of Private Road - Nunderi Lane, Nunderi SUBMITTED BY: Design

Validms



SUMMARY OF REPORT:

Council at its meeting of 21 April 2016 resolved to advertise its intention to name the private road within Lot 15 DP 826343 as “Nunderi Lane” allowing one month for submissions and Objections to the name. No Objections were received. It is recommended that Nunderi Lane be adopted for the naming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. RECOMMENDATION:

That: 1. Council adopts the name of Nunderi Lane for the private road within Lot 15 DP

826343 at Nunderi. 2. The naming of the public road be Gazetted under the provisions of the Roads



REPORT:

Council at its meeting of 21 April 2016 resolved to advertise its intention to name the private road within Lot 15 DP 826343 as “Nunderi Lane” allowing one month for submissions and objections to the name. No objections were received. Below is a plan showing the location of Nunderi Lane, Nunderi.

OPTIONS: The process of naming the private road complies with and has been completed in accordance with Council's Policy - Naming of Streets and Roads. CONCLUSION: It is recommended that Nunderi Lane be adopted for the naming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. COUNCIL IMPLICATIONS: a. Policy: Naming of Streets and Roads v1.2. b. Budget/Long Term Financial Plan: No budget impact. c. Legal: Not Applicable. d. Communication/Engagement:


Consult-We will listen to you, consider your ideas and concerns and keep you informed. On 22 January 2016 an email was received by Council from Land & Property Information requesting address clarification for properties located off this private road reserve. On 15 February 2016 correspondence was sent to property owners proposing the road be officially named to establish clear and unambiguous addressing. Responses received as noted in Council Report dated 21 April 2016. Road naming proposal advertised 10 May 2016 with submissions closing on 10 June 2016. No submissions were received. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


29 [E-CM] Street Naming - Rivendell Drive, Tweed Heads South SUBMITTED BY: Design

Validms



SUMMARY OF REPORT:

Council at its meeting of 18 February 2016 resolved to advertise its intention to formally name Rivendell Drive at Tweed Heads South and allowed one month for objections to the proposal. No objections were received. It is recommended that Rivendell Drive be adopted for the naming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. RECOMMENDATION:

That: 1. Council adopts the name of Rivendell Drive for the road formerly known as

Rivendell at Tweed Heads South. 2. The naming of the public road be Gazetted under the provisions of the Roads



REPORT:

Council at its meeting of 18 February 2016 resolved to advertise its intention to formally name Rivendell Drive at Tweed Heads South and allowed one month for objections to the proposal. No objections were received. Below is a plan showing the location of Rivendell Drive, Tweed Heads South

OPTIONS: The process of naming the public road reserve as Barneys Point Road complies with and has been completed in accordance with Council's Policy - Naming of Streets and Roads. CONCLUSION: It is recommended that Rivendell Drive be adopted for the naming purposes of the road and notification be submitted to the Government Gazette in accordance with the Roads (General) Regulation, 2008 and the Roads Act, 1993. COUNCIL IMPLICATIONS: a. Policy: Naming of Streets and Roads v1.2. b. Budget/Long Term Financial Plan: No Budget impact.


c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. All relevant land owners were contacted by mail on 16 November 2015 seeking concurrence or objection. 11 responses were received from 17 contacted, all consenting to the formal naming. Proposal to formally name the road was advertised in the Tweed Link on 8 March 2016 seeking submissions or objections. No submissions were received. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


30 [E-CM] Bridge Naming - Tweed Valley Way, Burringbar SUBMITTED BY: Design

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.4 An integrated transport system that services local and regional needs 2.4.3 Ensure local streets, footpaths and cycleways are provided, interconnected and maintained

SUMMARY OF REPORT:

Council has received a request to officially name the heritage listed bridge which runs across Tweed Valley Way at Burringbar as “Occupation Bridge”. The adjoining property owner has provided an historical background surrounding the purpose and construction of the bridge from local knowledge and through research of the State Library records as follows; The bridge, known locally as “Construction Bridge” was built in November 1938 when a cutting was put through the land now known as Lot 2 in DP 1171700 for the purpose of realignment and widening of the “Pacific Highway” (now Tweed Valley Way). The main reason the bridge was constructed was to allow continued access for the property owner to transport his stock from one side of the property to the other where the dairy sheds were located. The term “Occupation Bridge” is defined by Merriam-Webster dictionaries as a bridge connecting the parts of an estate separated by a railroad, highway, or canal. The proposed name “Occupation Bridge” complies with the requirements noted under Council's Policy for Naming of Streets which has been used as a basis for this proposal. It is recommended that Council advertises its intention to name the bridge over Tweed Valley Way at Burringbar as “Occupation Bridge” and allows 28 days for any written submissions to be received. RECOMMENDATION:

That Council:


1. Advertises its intention to name the bridge over Tweed Valley Way at Burringbar as “Occupation Bridge” and allows 28 days for any written submissions to be received.

2. Notifies the relevant authorities under the provisions of the Roads (General)

Regulation, 2008.


REPORT:

Council has received a request to officially name the heritage listed bridge which runs across Tweed Valley Way at Burringbar as “Occupation Bridge”. Refer to Diagram 1. Diagram 1 – Bridge over Tweed Valley Way at Burringbar.

The adjoining property owner has provided an historical background surrounding the purpose and construction of the bridge from local knowledge and through research of the State Library records as follows; The bridge, known locally as “Construction Bridge” was built in November 1938 when a cutting was put through the land now known as Lot 2 in DP 1171700 for the purpose of realignment and widening of the “Pacific Highway” (now Tweed Valley Way). The main reason the bridge was constructed was to allow continued access for the property owner to transport his stock from one side of the property to the other where the dairy sheds were located.


Diagram 2 – Extract from State Library records

The term “Occupation Bridge” is defined by Merriam-Webster dictionaries as a bridge connecting the parts of an estate separated by a railroad, highway, or canal. OPTIONS: The name “Occupation Bridge” is the locally known name for this bridge and is further noted as the name of the bridge according to records held by the State Library of NSW. It complies with the requirements noted under Council's Policy for Naming of Streets which has been used as a basis for this proposal. CONCLUSION: It is recommended that Council advertises its intention to name the bridge over Tweed Valley Way at Burringbar as “Occupation Bridge” and allows 28 days for any written submissions to be received. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. Utilising the Naming of Streets and Roads Policy as a basic guideline. b. Budget/Long Term Financial Plan: No Budget Implications. c. Legal: Not Applicable.


d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Attachment 1. Email in support of an alternate name (ECM 4109268).


31 [E-CM] RFO2016046 Expressions of Interest (EOI) Kingscliff Foreshore Revitalisation

SUBMITTED BY: Infrastructure Delivery

Valid


SUMMARY OF REPORT:

Request for Offer RFO2016046 Expressions of Interest (EOI) from Construction Contractors for the Kingscliff Foreshore Revitalisation was called to select suitably qualified and experienced organisations who wish to pre-qualify and undertake an Early Contractor Involvement (ECI) process to bid for the Kingscliff Foreshore Revitalisation Project works which includes;

• Rock armour and concrete seawall foreshore protection works • Associated Construction and landscaping works for the creation of the new

Kingscliff Central Park • Associated Construction and landscaping works for the upgrade of the Kingscliff

Beach Holiday Park At the time of closing fourteen (14) Offers were received. The evaluation of the offers against the Selection Criteria is contained in the Offer Evaluation Report included in CONFIDENTIAL ATTACHMENTS 1 and 2. The recommendations are based on the evaluation. RECOMMENDATION:

That in respect to Contract RFO2016046 Expressions of Interest (EOI) from Construction Contractors for the Kingscliff Foreshore Revitalisation: 1. Council invites the following companies to undertake an Early Contractor

Involvement (ECI) process to bid for the Kingscliff Foreshore Revitalisation Project works


Bidder ABN SEE Civil Pty Ltd 88 115 963 427 Hazell Bros Group Pty Ltd 27 088 345 804 Allroads Pty Ltd 42 142 378 514

2. Invites the following alternative Companies (in order of preference) should any

of the preferred Companies not be able or willing to enter into the Offer process for the Kingscliff Foreshore Revitalisation Project works

Bidder ABN Erteck Pty Ltd 46 094 416 887 BMD Urban Pty Ltd 65 158 035 539

3. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2)

of the Local Government Act 1993, because it contains:- (d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or (ii) confer a commercial advantage on a competitor of the council, or (iii) reveal a trade secret.


REPORT:

Offer Background Offer RFO2016046 Expressions of Interest (EOI) from Construction Contractors for the Kingscliff Foreshore Revitalisation was called to select suitably qualified and experienced organisations who wish to pre-qualify and undertake an Early Contractor Involvement (ECI) process to bid for the Kingscliff Foreshore Revitalisation Project works which includes;

• Rock armour and concrete seawall foreshore protection works • Associated Construction and landscaping works for the creation of the new Kingscliff

Central Park • Associated Construction and landscaping works for the upgrade of the Kingscliff Beach

Holiday Park The main objective of the expressions of interest was to receive interest from Contractors prepared to undertake an Early Contractor Involvement (ECI) process for the required works with a view to inviting three Contractors to submit a fully priced tender for the project works. Early Contractor Involvement (ECI) Process The proposed Offer process adopted an Early Contractor Involvement (ECI) process for this project to enable the selected Bidders to become fully aware of all obligations required under the contract, with the aim being to ensure that Council receives Offers which offer the best value for money. This ECI process involves the conducting of two workshops expected to be held in August and September 2016. Any design changes, as well as, alternative finishes and materials that offer project savings over the design detailed by the Council and Consultants will also be discussed. Briefly the ECI process will allow the pre-qualified Bidders to review and comment on final draft tender documents with a view to:- • refining risk allocation to best suit Tweed Shire Council and the Contractor, • identifying and eliminating errors, ambiguities and discrepancies in the documents and • identifying design and other improvements that can be incorporated in the documents

and produce improved project outcomes. The previous use of this ECI process has given considerable benefits to both clients and contractors. The anticipated ECI process will encompass the following (which may be subject to minor change):- Phase 1 – Initial Contract Review Workshop.

The intent of the workshop is to:

• Issue the latest draft contract documentation including drawings. • Issue the latest draft Risk Allocation Register; • Provide an update on the project approvals and anticipated date for invitation of prices; • The Risk Allocation Register will list key risks as identified by the Principal and how

they have been addressed in the contract and who has been given that risk to manage;

• Discuss with the short listed Bidders, in detail, the key limitations of this project. This is to ensure the focus of the remaining ECI process is on what works can be achieved for


the available funds. The discussions would also address the issue of acceptable alternative designs and staging;

• The Council project team will present the design and how key issues have been addressed in the design and what they view as work that can be achieved within the available budget;

• Discuss allocation of risks within the contract documentation; and • The workshop will provide an opportunity for team introductions and for a

demonstration from all parties of the collaborative approach being sought. Contractors are expected to attend with their proposed key personnel for the project. Phase 2 – Bidders’ Review Period Following the initial workshop, the pre-qualified Bidders are provided approximately 3 weeks to review the documentation and provide written response detailing: -

• Contract documents – identifying any ambiguities, omissions, errors and/or points for clarification.

• Staging – identifying how much of the prioritised work can be completed with the current approved budget.

• The construction program – identifying the required construction period and if it is within contract nominated period.

• Alternative designs – identifying if alternative designs have the potential to affect most importantly the budget and the construction period.

• Risk register – identifying any suggested additions, changes, improvements to the way risks have been allocated that could achieve improved project outcomes.

• This information will be forwarded to the Principal before the 3-week mark – the Principal will review, consider and collate in preparation for a second workshop.

Phase 3 – Final Workshop Contractor Interviews The second workshop will include the same participants as the first but as individual one-on-one interviews to discuss feedback on issues raised by pre-qualified Bidders and changes that have been made to the documentation. The series of one-on-one interviews will be between the Principal’s team and each Contractor. The order and length of interviews will be determined following a review of responses by Contractors under phase 2. The individual responses submitted in phase 2 will be a main agenda item of the interview and will provide an opportunity for both the Principal and the Contractor to present issues not considered appropriate for the group workshop. Following the interview’s and feedback on issues raised by Contractors, the Principal will consider the outcomes of the second Workshop and will finalise the contract document and risk allocation register prior to commencement of phase 4. All Contractors are required to attend their organisation’s allocated interview. Throughout Phase 1 – 3 of the process, Contractors performances will be assessed. This will form part of the overall Offer evaluation criteria for the construction Offer. A sum of $10,000 will be paid on completion of Phase 3 to each pre-qualified Bidder that fully participates in the procurement process.


Phase 4 – Priced Offer Period On finalisation of the contract documentation, the pre-qualified Bidders will be formally invited to submit a fully priced Offer for the construction of the project works. Request for Offer Advertising Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. The Request for Offers was advertised from 21 May 2016 in Brisbane Courier Mail. The Offer was also advertised in Sydney Morning Herald, Gold Coast Bulletin, and Tweed Link and on Council's website. Offer submissions closed at on 4.00pm (local time) on 15 June 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. Offer Addendums There was one (1) (Notice to Bidders) issued before close of Offer. Addendum No. 01 was issued to advise Bidders that changes to the security on the Drawing files had been changed to allow printing. Offer Submissions At the closing time for Offer Submissions, the Tender Box was opened and eleven (11). Offers were recorded as below: Bidder ABN Alder Constructions Pty Ltd 31 106 657 470 Allroads Pty Ltd 42 142 378 514 Jmac Constructions Pty Ltd 81 065 374 414 Entracon Civil Pty Ltd 35 118 370 077 Erteck Pty Ltd 46 094 416 887 Hall Contracting Pty Ltd 55 009 786 065 Hazell Bros Group Pty Ltd 27 088 345 804 Monford Group Pty Ltd 89145210895 Multi Span Australia Group Pty Ltd 31 147 474 628 Pensar Civil Pty Ltd 70 120 834 675 SEE Civil Pty Ltd 88 115 963 427

Offer Evaluation An Offer Evaluation was developed based on the premise that Offers were to be received and scored against specific evaluation criteria in order to select the best suited Bidders.


Council's Offer Evaluation Panel was made up as follows:

Position Manager Recreation Services

Design Engineer

Contract Engineer

Project Officer Coastal

Offers were evaluated based on the criteria noted in the table below which were schedules contained with the EOI documentation

Criterion Document Reference

Weighting (%)

Introduction/executive summary/application form

Schedule A&B 10

Quality Management Systems Schedule C 10

WHS and Risk Management Schedule D 10

Environmental Management Schedule E 10

Experience & Performance on Similar Projects

Schedule F 15

Available Resources Schedule G 10

Construction Methodology Schedule H 10

Implementation Of WHS Management Schedule I 10

Implementation of Environmental management

Schedule J 10

Company Insurances Schedule K 5

Total 100

The details of the non-price evaluation are shown on the Offer Evaluation Report and Offer Evaluation Scoring Sheet. A copy of the Offer Evaluation Report and Offer Evaluation Scoring Sheet are included as ATTACHMENTS 1 and 2 which are CONFIDENTIAL in accordance with Section 10A: (d) commercial information of a confidential nature that would, if disclosed:


The information identifies the Bidder in relation to the evaluation of the submission offered by the Bidder. If disclosed, the information would be likely to prejudice the commercial position of the Bidder in terms of market competitiveness by giving their competitors an advantage. Accordingly, disclosure of the information is not in the public interest. Recommendations appear below for the Offer.


OPTIONS: That Council: 1. Invites the Tender Evaluation Panels recommended companies to undertake an Early

Contractor Involvement (ECI) process to bid for the Kingscliff Foreshore Revitalisation Project works.

2. Invites the Tender Evaluation Panels recommended alternative Companies should any

of the preferred Companies not be able or willing to enter into the Offer process for the Kingscliff Foreshore Revitalisation Project works.

3. Invites different Bidders, including reasons for this course of action. 4. Declines to accept any of the Offers, including reasons for this course of action. CONCLUSION: As per the Tender Evaluation Panel recommendation, it is recommended that Council; 1. Invites the following companies to undertake an Early Contractor Involvement (ECI)

process to bid for the Kingscliff Foreshore Revitalisation Project works

Bidder ABN SEE Civil Pty Ltd 88 115 963 427

Hazell Bros Group Pty Ltd 27 088 345 804

Allroads Pty Ltd 42 142 378 514 2. Invites the following alternative Companies (in order of preference) should any of the

preferred Companies not be able or willing to enter into the Offer process for the Kingscliff Foreshore Revitalisation Project works

Bidder ABN Erteck Pty Ltd 46 094 416 887

BMD Urban Pty Ltd 65 158 035 539 COUNCIL IMPLICATIONS: a. Policy: Procurement Policy v1.6 the Offer invitation and evaluation have been conducted in accordance with the provisions of:

• The Local Government Act 1993 and the NSW Local Government (General) Regulation 2005.

• Council's Procurement Policy. In accordance with Local Government (General) Regulations 2005. b. Budget/Long Term Financial Plan: Provision for the RFO2016046 Expressions of Interest (EOI) for the Kingscliff Foreshore Revitalisation is funded jointly from Australian Government Grant from the National Stronger


Regions Fund (NSRF), Tweed Coast Holiday Parks Reserve Trust and Tweed Shire Council included in the 2016-2017 Budget. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. Offer Evaluation Report (ECM 4127915). (Confidential) Attachment 2. Offer Evaluation Scoring Sheet (ECM 4126683).


32 [E-CM] RFO2016054 Supply of Two (2) Wheel Loaders Operating Capacity 4,000Kg > 5,000Kg CCF Class 4 Complete with Attachments

SUBMITTED BY: Infrastructure Delivery

FILE REFERENCE: RFO2016054 Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.1 Ensure actions taken and decisions reached are based on the principles of sustainability 1.3 Delivering the objectives of this plan 1.3.1 Council's organisation will be resourced to provide the essential services and support functions to deliver the objectives of this Plan

SUMMARY OF REPORT:

Request for Offer RFO2016054 Supply of Two (2) Wheel Loaders, Operating Capacity 4,000kg > 5,000kg, CCF Class 4, Complete with Attachments was called to supply Council operations with the following: • One (1) replacement Wheel Loader for an existing aged unit as per Councils 10 year

asset replacement strategy

• One (1) additional Wheel Loader to service the Waste Management Section The two wheel loaders are for alternate applications – Construction and Waste Management, they differ in specification, size and attachment requirements therefore there is two pricing schedules which directly relate to the Offer Document – Separable Portion No1 and Separable Portion No2. Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. Offer submissions closed at 4.00pm (local time) on 22 June 2016 in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484. Recommendations have been formulated based on the Selection Criteria which is contained in the Offer Evaluation Plan Report included in CONFIDENTIAL ATTACHMENTS 1 and 2. A summary of the Selection criteria is also included in the body of this report.


RECOMMENDATION:

That in respect to Contract RFO2016054: 1. Council awards Separable Portion No1 of the Contract RFO2016054 ‘Supply of

Two (2) Wheel Loaders Operating Capacity 4,000kg > 5,000kg CCF Class 4, Complete with Attachments’ to JCB Construction Equipment Australia (ABN 81008777348, ACN 008777348) for the price of $363,640 (Exclusive of GST)

2. Council awards Separable Portion No2 of the Contract RFO2016054 ‘Supply of

Two (2) Wheel Loaders Operating Capacity 4,000kg > 5,000kg CCF Class 4, Complete with Attachments’ to JCB Construction Equipment Australia (ABN 81008777348, ACN 008777348) for the for the price of $263,120 (Exclusive of GST)

3. The General Manager be granted delegated authority to approve appropriately

deemed variations to the contract and those variations be reported to Council at finalisation of the contract.

4. ATTACHMENTS 1 and 2 are CONFIDENTIAL in accordance with Section 10A(2)

of the Local Government Act 1993, because it contains:- (d) Commercial information of a confidential nature that would, if disclosed:

(i) Prejudice the commercial position of the person who supplied it, or (ii) Confer a commercial advantage on a competitor of the council, or (iii) Reveal a trade secret.


REPORT:

Offer Background Offer RFO2016054 for the supply of Two (2) Wheel Loaders Operating Capacity 4,000kg - 5,000kg CCF Class 4, Complete with Attachments was called to supply Council operations with a replacement for an existing aged unit as per Councils 10 year asset replacement strategy and an additional unit to service the Waste Management section of the organisation. Offer Advertising In accordance with the provisions of the Local Government Act 1993, the NSW Local Government (General) Regulation 2005, and as per Councils Procurement Protocol Version 1.8, offers were officially advertised for RFO2016054 on 31 May 2016 in the Sydney Morning Herald. The offer document was also advertised on Councils ‘Offers’ website Offer Addendums There was One (1) notice to bidders issued before close of offer:- • Error in closing date Offer Submissions At the closing time for Offer submissions, the Tender Box was opened and Seventeen (17) Offers were recorded at the Tender Box opening for supply of Two (2) Wheel Loaders Operating Capacity 4,000kg - 5,000kg CCF Class 4, Complete with Attachments. Offers were recorded as below – Bidder ABN Komatsu Australia Pty Ltd (2 x Submissions) 71 143476626 Liebherr Australia Pty Ltd (2 x Submissions) 65 007970452 JCB Construction Equipment Australia (2 x Submissions) 81 008777348 Hitachi Construction Machinery Australia Ltd (2 x Submissions) 62 000080179 Westrac Pty Ltd (2 x Submissions) 63 009342572 CJD Equipment Pty Ltd (3 x Submissions) 63 008754523 Earth Moving Equipment Australia (2 x Submissions) N/A Clarke Equipment Sales Pty Ltd (2 x Submissions) 99 050059419

Offer Evaluation An Offer Assessment Plan was developed based on the premise that competitive Offers were to be received and scored against specific selection criteria in order to select the best value Offer. The Offer Evaluation Panel was made up as follows: Position Operations Coordinator Plant and Materials Manager Infrastructure Delivery Fleet Plant Maintenance Technician Waste Management Supervisor and Operator Council Loader Operator




Value for Money - WOL Costs Section 2.7.4 40 Operational Evaluation Section 2.7.4 30 Maintenance Evaluation Section 2.7.4 10 Operator Evaluation Section 2.7.4 10 Local Content Section 2.7.4 10

The details of the price and non-price evaluation are shown on the Offer Evaluation Report and Offer Evaluation Scoring Sheets. A copy of the Offer Evaluation Report and Offer Evaluation Scoring Sheets are included in ATTACHMENT 1, 2 and 3 which are CONFIDENTIAL in accordance with Section 10A: (d) commercial information of a confidential nature that would, if disclosed:


OPTIONS: 1. Council accepts the recommendation to award Separable Portion No1 and Separable

Portion No2 of the contract to JCB Construction Equipment Australia for the supply of the Two (2) Wheel Loaders Operating Capacity 4,000kg - 5,000kg CCF Class 4, Complete with Attachments or

2. Council awards the contract to another supplier, or 3. Council does not proceed with the contract and advises the suppliers of the reasons

for not proceeding. CONCLUSION: The offer submitted for the supply of the Two (2) Wheel Loaders Operating Capacity 4,000kg - 5,000kg CCF Class 4 Complete with Attachments, Separable Portion No1 and Separable Portion No2, by JCB Construction Equipment Australia presents the best value to Council COUNCIL IMPLICATIONS: a. Policy: The Offer invitation and evaluation have been conducted in accordance with the provisions of - • The Local Government Act 1993 and the NSW Local Government (General)

Regulation 2005 • Council's Procurement Policy


b. Budget/Long Term Financial Plan: • Fleet Budget 2016/17 (1 X Loader) • EPA Waste Grant Funding and Waste Management Reserves (1 X Loader) c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. RFO2016054 Offer Evaluation Report (ECM 4132503) (Confidential) Attachment 2. RFO2016054 Offer Evaluation Scorecards – Separable

Portion No 1 (ECM4132763) and No 2 (ECM 4132764)


33 [E-CM] RFO2016062 Kerb and Gutter Works (Panel of Providers) SUBMITTED BY: Infrastructure Delivery

Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.4 An integrated transport system that services local and regional needs 2.4.3 Ensure local streets, footpaths and cycleways are provided, interconnected and maintained

SUMMARY OF REPORT:

Request for Offer RFO2016062 Kerb and Gutter Works (Panel of Providers) was called to engage suitably qualified and experienced organisations on a Panel of Providers, shortlisting contractors available to provide kerb and gutter construction works to Council at various locations within the Shire on an as-needed basis and locking-in fixed rates for routine tasks and services. At the time of closing one Offer was received. The evaluation of the offers against the Selection Criteria is contained in the Offer Evaluation Report included in CONFIDENTIAL ATTACHMENT 1. The recommendations are based on the evaluation. RECOMMENDATION:

That in respect to Contract RFO2016062 Kerb and Gutter Works (Panel of Providers): 1. In accordance with clause 178(1)(b) of the Local Government (General)

Regulation 2005, Council declines the Offer from Tweed Summerland Kerbing (ABN 45 575 125 337) due to it not representing a value for money proposition.

2. In accordance with clause 178(3)(a) of the Local Government (General)

Regulation 2005, Council postpones the proposal for the contract until it further investigates the market in an attempt to source additional potential bidders.

3. In accordance with clause 178(3)(b) of the Local Government (General)

Regulation 2005, Council only invites fresh tenders in accordance with clause 167 if additional prospective bidders who could potentially form a Panel of Providers for Kerb and Gutter Works are identified.


4. ATTACHMENT 1 is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:- (c) information that would, if disclosed, confer a commercial advantage on a

person with whom the council is conducting (or proposes to conduct) business.


REPORT:

Offer Background Offer RFO2016062 Kerb and Gutter Works (Panel of Providers) was called to engage suitably qualified and experienced organisations on a Panel of Providers, shortlisting contractors available to provide kerb and gutter construction works to Council at various locations within the Shire on an as-needed basis and locking-in fixed rates for routine tasks and services. Request for Offer Advertising Offers were officially invited in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. The Request for Offers was advertised from 6 April 2016 in the Sydney Morning Herald, the Brisbane Courier Mail, the Gold Coast Bulletin, in the Tweed Link and on Council's website Offer submissions closed at 4.00pm (local time) on 11 May in the Tender Box located in the foyer at the Tweed Shire Council Civic and Cultural Centre, Murwillumbah NSW 2484 and on eTender. Offer Addendums There were no addendums (Notices to Bidders) issued before close of Offer. Offer Submissions At the closing time for Offer Submissions, the Tender Box was opened and one Offer was recorded as below: Bidder ABN Tweed Summerland Kerbing 45 575 125 337

Offer Evaluation An Offer Evaluation Plan was developed based on the premise that competitive Offers were to be received and assessed against specific evaluation criteria in order to select the best value Offers to formulate the Panel of Providers. In accordance with Council's Procurement Policy and the approved Offer Evaluation Plan an evaluation panel was not required to be formed for this Request for Offer. The following officers assessed the received Offer: Position Engineer - Construction Supervisor - Contracts Administration




Pricing Schedule 5.2 Evaluation criteria were not scored or weighted due to the

nature of the procurement.

Bidder's meeting of Contract requirements

Throughout Offer. "

Demonstrated capability to perform the Services as specified

Primarily Schedules 5.4, 5.6, 5.7 and 5.8 (also 5.2 indirectly)

"

Relevant experience with contracts/services of a similar nature

Schedule 5.4 "

The details of the price and non-price evaluation are shown on the Offer Evaluation Report. A copy of the Offer Evaluation Report is included as ATTACHMENT 1 which is CONFIDENTIAL in accordance with Section 10A: (c) information that would, if disclosed, confer a commercial advantage on a person with

whom the council is conducting (or proposes to conduct) business. OPTIONS: That Council: 1. Declines the Offer for RFO2016062 from Tweed Summerland Kerbing (ABN 45 575

125 337) for RFO2016062 due to it not representing a value for money proposition, and accepts recommendations 2 and 3 for the way forward, or that Council.

CONCLUSION: Request for Offer RFO2016062, despite being widely advertised, did not yield a value for money Offer for Council and as such the one Offer received should be declined, and Council should move forward without a Kerb and Gutter contract until such a time that a competitive marketplace for these services can be established. COUNCIL IMPLICATIONS: a. Policy: Procurement Policy v1.6, in accordance with the provisions of the Local Government Act 1993 and the NSW Local Government (General) Regulation 2005. b. Budget/Long Term Financial Plan: Provision for the Kerb and Gutter Works is included in the 2016-1 Budget.


c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. Offer Evaluation Report (ECM 4123179).


34 [E-CM] Amendments to Developer Contribution Plans to facilitate Business Investment Policy

SUBMITTED BY: Roads and Stormwater

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods

SUMMARY OF REPORT:

At the June 2016 Council meeting, Council endorsed the draft Business Investment Policy (Version 2.0) for public exhibition. To facilitate the proposed concessions relating to Section 94 developer contributions, various amendments to the developer contribution plans are required. This report details those amendments, and recommends that these draft changes be publicly exhibited in parallel to the draft policy, so that the improvements can be implemented as soon as possible for businesses. In addition it is proposed to take this opportunity to further amend CP04 Tweed Road Contribution Plan to:

• delete the heavy haulage contributions as a further development incentive, and to remove a system that has become unworkable;

• define gross leasable floor area (GLA). RECOMMENDATION:

That: 1. The following draft Developer Contribution Plans, amended to facilitate the draft

Business Investment Policy as detailed in the attached report, be placed on public exhibition for a period of 28 days, in accordance with Environmental Planning and Assessment Regulations: • CP04 Tweed Road Contribution Plan draft Version 6.3 • CP18 Council Administration Offices and Technical Support Facilities draft

Version 2.3 • CP23 Offsite Parking draft Version 2.4


2. The exhibited draft CP04 Tweed Road Contribution Plan Version 6.3 also includes amendments to delete heavy haulage contributions, and define gross leasable floor area.


REPORT:

At the June 2016 Council meeting, Council endorsed the draft Business Investment Policy (Version 2.0) for public exhibition. To facilitate the proposed concessions relating to Section 94 developer contributions, various amendments to the developer contribution plans that typically apply to development applications for new business premises are required. It is recommended that rather than reproducing sections of the policy in each of the impacted contribution plans, that the policy be referenced in the relevant sections of the plans, and added as a schedule/appendix. This will avoid instances of inconsistency and reduce administration should the policy be amended in the future. The proposed amendments to the contribution plans to facilitate the Business Investment Policy are as follows (underlined text represents an addition, strikethrough text represents a deletion):

Plan Section Proposed Amendments CP04 Tweed Road Contribution Plan

2.9 Deferred or periodic payment

"The Council will generally not accept deferred or periodic payment of contributions, except where eligible under the Business Investment Policy…." "…If Council does decide to accept deferred or periodic payment, Council will require the recipient to provide a bank guarantee for the full amount of any outstanding deferred monies. Alternatively Council may choose to enter into a general or specific security agreement/deed under the Personal Property Securities Act 2009.

The bank's obligations are discharged when payment to Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

Where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

The bank guarantee is to be provided by an Australian bank or recognised financial institution."

council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on condition that:

• the bank guarantee be by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security

• the bank unconditionally pays the guaranteed sum to the council if the council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work

• the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development

• the bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required

• where a bank guarantee has been deposited with council, the guarantee


shall not be cancelled until such time as the original contribution and accrued interest are paid

• the bank guarantee is provided by an Australian bank or recognised financial institution. • Note that other plans not affected by the Business Investment policy will

need similar "deferred or periodic payment" clauses amended to reflect the updated deferred payment process in the policy. These other plans will be amended opportunistically in the future.

3.1 Council Policies

"Under this plan, certain business premises are eligible for the following concessions in accordance with the Business Investment Policy (Refer to Schedule 9). Applicants will need to nominate their development for each concession in their Development Application to Council. A) Employment Generating Incentive A discount in contributions for job creating business premises. Eligibility and terms and conditions provided in the Business Investment Policy. Concessions: A concession is offered to all commercial job creating developments (not including detached housing and unit developments), across the Shire. The concession is not available for developments exploiting ‘existing use rights’ as defined in Clause 3.6.1, and nor can Local Area Contributions be discounted by the concession. The offer by Council stands at forty percent (40%) and Council may review the concession on an annual basis at 1st July each year. B) Deferred Payments: Deferral of contributions for business premises. Eligibility and terms and conditions provided in the Business Investment Policy. Council accepts staged payment of commercial contributions: four equal payments over three years consisting of an initial payment and three subsequent payments together with a bank guarantee in accordance with Clause 2.9 as security, although other options that protect Council’s interest may be acceptable. *C) Heavy Haulage (Extractive Material) This contribution is applied to developments that receive extractive materials from heavy haulage vehicles using Council’s road network. [ If all or part of the material is obtained from a designated source, Council will waive the contribution requirement for that amount of material obtained from the designated source. A copy of the current list of designated sources may be obtained from Council.] CD) Eligible Business Enterprises - Small Business Incentive A discount in contributions for change of use small business premises. Eligibility and terms and conditions provided in the Business Investment Policy." Eligible Business Enterprises may be excluded from the need to make TRCP payments. The application of this concession is defined by resolution of Council. Details can be obtained from Council’s Development Assessment Unit. Final determination of the application of this concession is at the discretion of the Director Planning and Regulation. *It is proposed to delete the heavy haulage contributions in CP4 as an addition to the above changes required to facilitate the Business Investment Policy. Refer to discussion later in this report.


Schedule 9 Add a new Schedule 9, for insertion of the adopted version of the Business Investment Policy, and a hyperlink to same document on Council's website. The intent is to replace this schedule with future versions of the Policy, without having to formally amend the contribution plan.

CP18 Council Administration Offices and Technical Support Facilities

2.11 Deferred/ periodic payments

"Deferred or periodic payments are permitted for business premises in accordance with the Business Investment Policy (Refer to Appendix 4). Deferred or periodic payments for other development may be permitted in the following circumstances: • compliance with the provisions of Clause 2.8 is unreasonable or unnecessary in the circumstances of the case, • deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the works program, • where the applicant intends to make a contribution by way of a planning agreement, works-in-kind or land dedication in lieu of a cash contribution and council and the applicant have a legally binding agreement for the provision of the works or land dedication, • there are circumstances justifying the deferred or periodic payment of the contribution.

If council does decide to accept deferred or periodic payment, Council will require the recipient to provide a bank guarantee for the full amount of any outstanding deferred monies. Alternatively Council may choose to enter into a general or specific security agreement/deed under the Personal Property Securities Act 2009.

The bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required

Where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid

The bank guarantee is to be provided by an Australian bank or recognised financial institution." council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on condition that: a. the bank guarantee be by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security b. the bank unconditionally pays the guaranteed sum to the council if the council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work c. the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development d. the bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required. e. where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

Appendix 4 Add a new Appendix 4, for insertion of the adopted version of the Business Investment Policy, and a hyperlink to same document on Council's website. The intent is to replace this schedule with future versions of the Policy, without having to formally amend the contribution plan.


CP23 Offsite Parking

2.11 Deferred/ periodic payments

"Deferred or periodic payments are permitted for business premises in accordance with the Business Investment Policy (Refer to Appendix B). Deferred or periodic payments for other development may be permitted in the following circumstances: (a) compliance with the provisions of Clause 2.8 is unreasonable or unnecessary in the circumstances of the case, (b) deferred or periodic payment of the contribution will not prejudice the timing or the manner of the provision of public facilities included in the works program, (c) where the applicant intends to make a contribution by way of a planning agreement, works-in-kind or land dedication in lieu of a cash contribution and council and the applicant have a legally binding agreement for the provision of the works or land dedication, (d) there are circumstances justifying the deferred or periodic payment of the contribution . (e) Eligible Business Enterprises (EBE) are defined as retail, commercial and light industrial activities to be established in rented premises with a GFA of not more than 1,000 m2. Final determination of the eligibility of a business into this category will be at the discretion of the Director Planning and Regulation. For EBEs only, the provisions of s80A(1) of the Environmental Planning & Assessment Act (1979) may be used to include a condition of development consent that permits the option of annual payment of this plan’s contributions (instead of a full up front contribution). This condition will also provide for consent and development to cease on non payment of due annual payments. Annual payments will be the full contribution divided by 10. The Contribution is considered to be paid in full after the payment of 10 consecutive payments. The suggested standard condition of consent to permit these time payments is: Standard Condition of Consent “In accordance with s80A(1) (d) of the Environmental Planning & Assessment Act 1979, the period during which the development, being the subject of this consent may be carried out is limited as follows: a. If the Contribution Plan No. 23 - Offsite Parking contribution is paid in full prior to the commencement of the use stage of development, the period during which the development may be carried out is not limited by this condition b. If an amount being, the Contribution Plan No.23 - Offsite Parking contribution divided by 10 is paid prior to the commencement of the use stage of development, the period during which the development may be carried out shall be for one year from the date of such payment c. The period referred to in b. above may be extended year by year by the payment (prior to the expiration of the previous period) of the Contribution Plan No.23 - Offsite Parking contribution divided by 10, with each such payment extending the period during which the development may be carried out by one year. d. The consent for the use stage of this development will not commence until payment has been made in accordance with a. or b. above. e. The consent for the use stage of this development will cease to operate (and the use stage of the development must cease) within a period of 90 days after the expiration of the annual period for which payment has been made under b. or c. above unless payment has been made under c. for the following year. f. If 9 additional consecutive annual payments have been made in accordance with c. the Contributions Plan No.23 - Offsite Parking payment will be considered to be paid in full and the period during which the development may be carried out will not be further limited by this condition.”


If council does decide to accept deferred or periodic payment, Council will require the recipient to provide a bank guarantee for the full amount of any outstanding deferred monies. Alternatively Council may choose to enter into a general or specific security agreement/deed under the Personal Property Securities Act 2009.

The bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required

Where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid

The bank guarantee is to be provided by an Australian bank or recognised financial institution." council may require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on condition that: • the bank guarantee be by a bank for the amount of the total contribution, or the amount of the outstanding contribution, plus an amount equal to thirteen (13) months interest plus any charges associated with establishing or operating the bank security • the bank unconditionally pays the guaranteed sum to the council if the council so demands in writing not earlier than 12 months from the provision of the guarantee or completion of the work • the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development the bank's obligations are discharged when payment to the council is made in accordance with this guarantee or when council notifies the bank in writing that the guarantee is no longer required • where a bank guarantee has been deposited with council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest are paid.

Appendix B Add a new Appendix B, for insertion of the adopted version of the Business Investment Policy, and a hyperlink to same document on Council's website. The intent is to replace this schedule with future versions of the Policy, without having to formally amend the contribution plan.

Heavy Haulage Contributions Given the amendment process required to facilitate the Business Investment Policy (above), it is also an opportunity to address heavy haulage contributions in the Tweed Road Contribution Plan (CP04, TRCP). Heavy haulage contributions were intended to address the cumulative impacts of heavy haulage vehicle loads on Council's road network. The life of a road pavement is proportional to the loads being applied, and there is an exponential relationship between increased vehicle loads and pavement damage - that is, the heavier the load and the more frequently that load is applied, the quicker a road fails. As development results in more of these heavily loaded trucks bringing extractive materials to site using Council's road network, the contribution system sought to compensate for the reduced life of the road pavements. Contributions are applied to developments that receive extractive materials (i.e. fill), calculated on estimated fill quantities and the distance travelled on Council roads. That is, it


is applied to the destination, rather than the source. These contributions are additional to normal road contributions under the TRCP. These contributions are waived if all or part of the material is obtained from a "designated source". It is understood that a "designated source" refers to an old list of quarries that previously made payment to Council under a parallel scheme managed by the then Manager of Works. These quarries paid a royalty to Council based on their production, also to address the impacts on Council roads due to their operations. This waiver prevents double dipping of heavy haulage contributions (i.e. contributions from both the source and the destination). This system has become unworkable for the following reasons: • The royalty system for quarries has failed to be administered for around 10 years, and

the list of designated sources is no longer up to date; • It is inequitable to reinstate the royalty system as it cannot be applied to competing

quarries outside of the Tweed Shire (i.e. Gold Coast quarries); • Council generally cannot demonstrate whether or not a development's source of

extractive materials is a "designated source", and therefore eligible for a waiver; • The current policy has not been applied consistently for many years; • Very little money has been raised by the existing system; • It is not charged for other industries involving heavy vehicles on Council roads e.g. sugar

cane, dairy industry, freight; • There is limited nexus between heavy haulage destinations (development sites) around

the Shire and road pavement failures; • At DA stage a developer may not have decided on the source of the fill, so the eventual

haulage contribution is unable to be properly calculated on the consent. An investigation of other heavy haulage contribution schemes has been undertaken. There are examples in place in Richmond Valley, Ballina, Queanbeyan and Yass Valley. However these all charge the heavy haulage source (i.e. the quarries). This cannot be readily applied in the Tweed due to the competing quarries in South East Queensland who would be unable to be charged. It is therefore recommended that the heavy haulage contribution be deleted from the TRCP, and no longer applied to new development consents. Existing consents requiring heavy haulage payments would still be expected to pay. In terms of precedent, Council last year endorsed approval for a higher mass limit for sugar cane trucks, to promote efficiencies in the industry and reduce their haulage costs. It was recognised that this would be at the cost of increased wear on local roads, however this was considered to be a reasonable cost in supporting a local industry. The construction industry contributes around three times the number of jobs and industry value to the Tweed Shire economy compared to agriculture (source: Tweed Shire Economic Development Strategy 2014). Deletion of the heavy haulage contribution will advantage the construction industry, while removing an administrative burden on Council. There is no reasonable alternative heavy haulage contribution system available at this time, so the additional impacts of heavy haulage on Council's road network will need to be borne through increased road maintenance and pavement strengthening, as is current practice.


Amendments are required to Sections 3.1, 3.3.2, 3.5.5, 3.6.2 and Schedule 1 of the TRCP, as well as minor references throughout the document generally, to delete the heavy haulage contribution requirement. Gross Leasable Floor Area (GLA) At the request of the Development Assessment Unit, it is proposed to include a further amendment to the TRCP to define Gross Leasable Floor Area (GLA). Table 3.6.1A - Trip Generation Rates by Land Use generally uses GLA in the equations relating the size of a development to predicted trip generation. Town planning assessments generally use Gross Floor Area (GFA) for calculations of floor space ratios and other measures. GFA is defined by the Tweed LEP 2014, but GLA is not. The use of GLA in the TRCP is based on the Roads and Maritime Services Guide to Traffic Generating Developments (2002). GLA is defined as: "the sum of the area of each floor of a building where the area of each floor is taken to be the area within the internal faces of the walls, excluding stairs, amenities, lifts, corridors and other public areas but including stock storage areas." According to the RMS Guide, GLA provides a better indication of trip generation than GFA because it refers most specifically to the factor that generates or attracts trips. Where applications do not calculate GLA, the Guide indicates that GLA = 75% GFA. However, this percentage can vary substantially between developments. It is proposed to amend Note (a) to Table 3.1.6A to read (underlined text additional): "a) 'A' denotes area of floor space in m2 Gross Leaseable Area (GLA). GLA is defined as the sum of the area of each floor of a building where the area of each floor is taken to be the area within the internal faces of the walls, excluding stairs, amenities, lifts, corridors and other public areas but including stock storage areas. Where a calculation of GLA is not provided with a development application or cannot be reasonably determined from submitted plans, GLA shall be assumed to be 75% of Gross Floor Area (GFA). GFA is defined by the Tweed Local Environmental Plan." OPTIONS: That Council: 1. Publicly exhibits the recommended amendments to the developer contribution plans as

detailed in this report. 2. Publicly exhibits the developer contribution plans with alternate amendments. 3. Declines to exhibit the developer contribution plans, thereby relying only on the

Business Investment Policy (draft currently on exhibition) to implement the proposed strategies for developer contribution incentives.


CONCLUSION: Amendments are required to a number of Council's developer contribution plans to facilitate the draft version of the Business Investment Policy, which is currently approved for public exhibition. In addition, it is an opportune time to make two further amendments to CP04 Tweed Road Contribution Plan, to delete the heavy haulage contribution, and to define gross leasable floor area. COUNCIL IMPLICATIONS: a. Policy: Draft Business Investment Policy Version 2 - the proposed amendments facilitate the draft policy, subject to public exhibition and final adoption by Council. b. Budget/Long Term Financial Plan: Budget implications of the draft Business Investment Policy (Version 2) were considered in the report to the June 2016 Council meeting. The deletion of the Heavy Haulage Contribution under the Tweed Road Contribution Plan removes a potential income stream to address road pavement wear caused by a segment of the heavy haulage industry. However this income has been virtually non-existent for many years due to flaws in the system and its administration, as detailed in the report. c. Legal: The proposed amendments seek to preserve the legal integrity of the developer contribution plans by maintaining consistency with Council Policy, deleting heavy haulage contributions which have not been consistently imposed for many years, and to clarify definitions. The amendments will follow the process prescribed by the Environmental Planning and Assessment Regulations. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. The amendments will follow the public exhibition process prescribed by the Environmental Planning and Assessment Regulations. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


35 [E-CM] Annual Indexation of Infrastructure Contribution Rates SUBMITTED BY: Roads and Stormwater

Valid


SUMMARY OF REPORT:

This report is for the information of Councillors and summarises the effects of indexation on S94 Plan developer contribution rates for the new financial year. The majority of contribution rates increase by varying amounts, depending on adopted Plan and Program dates. After indexation, the adjusted median increase per lot per contribution is $17. The indexed contribution rates will come into effect on 1 July 2016. RECOMMENDATION:

That Council notes the indexation of S94 contribution rates as detailed in this report and in accordance with: • the provisions of Regulation 32 of the Environmental Planning and Assessment

Regulation 2000; • the ABS Implicit Price Deflator (IPD) index as adopted in each S94 Plan; • the Tweed Shire Council Land Cost index for March 2016 as published in the

2016/2017 Revenue Policy and Statement and adopted in each S94 Plan; and • the clause entitled "Adjustment of Contribution Rates" as adopted in each S94

Plan.


REPORT:

Background: Council reviewed all of its contribution plans between July and December 2009 in accordance with a Direction from the NSW Minister for Planning. This was a major undertaking, and to streamline the process the opportunity was taken to standardise Council's disparate S94 plans in line with the then current Department of Planning 'template for a S94 Plan'. The template included a section with reference to indexation of the plan's works program. The Environmental Planning and Assessment (EP&A) Act had always allowed for such indexation however the review process revealed that Council had never previously utilised this mechanism to update developer contribution rates, in most cases because the S94 plan did not allow for it, or in one case, because a process had not been implemented to apply the update. Therefore a benefit of the Direction was that this oversight was rectified during the review process. All of the plans which were reviewed were exhibited for comment and adopted by Council in accordance with the usual requirements of the EP&A Act. The majority of the amended plans were adopted by Council in December 2009. Annual indexation in accordance with the clause entitled "Adjustment of Contribution Rates" adopted in each S94 Plan and referred to in this report has been applied to contribution rates each financial year where appropriate since July 2011, and this process is now being repeated for July 2016. What is a S94 Plan for? S94 of the Environmental Planning and Assessment Act enables Council to collect money from developers for the provision of additional infrastructure required as a result of that development. It is an attempt to implement a 'user pays' approach and the intention is to ensure that sufficient arterial road capacity, additional open space, community facilities and other community infrastructure continues to be provided by Council, without placing the burden to pay for that infrastructure onto existing residents and ratepayers. To collect contributions from developers, Council must have a S94 Plan in place which has been adopted in accordance with the EP&A Act and Regulations. The plan must spell out the infrastructure required, how much it will cost, and clearly demonstrate a direct link (nexus) between the required work and the demand generated by the new population as a result of development. Council currently has 23 active contribution plans, approximately half of these apply to the whole shire, the rest are area-specific plans. The majority of plans levy contributions on residential and tourist development, while others, like the Road Contribution Plan (No 4) and Council Admin Facilities Plan (No 18), also levy contributions for commercial development. It should be noted that most plans have now been added to the annual indexation cycle, however one plan is yet to be amended to include the clauses which enable indexation: • S94 Plan No 27 - Tweed Heads Master Plan - this plan was being updated separately in

conjunction with the Department of Planning and was excluded from the general 2009 review, however the Department's review has concluded and this plan is yet to be amended to apply the new template which will enable future indexation.


Indices: The Department of Planning's 'template for a S94 Plan' includes clauses for indexation of the works program broken down in terms of land and non-land components, including a localised 'Land Cost Index'. It is open to Council to use any viable index, provided that it is 'readily accessible'. Regulation 32 of the Environmental Planning and Assessment Regulation 2000 states as follows:

"(3) A council may make the following kinds of amendments to a contributions plan without the need to prepare a new contributions plan: (a) minor typographical corrections, (b) changes to the rates of section 94 monetary contributions set out in the plan

to reflect quarterly or annual variations to: (i) readily accessible index figures adopted by the plan (such as a

Consumer Price Index), or (ii) index figures prepared by or on behalf of the council from time to time

that are specifically adopted by the plan, (c) the omission of details concerning works that have been completed."

Consequently the following indices were selected: Non land component - IPD (Implicit Price Deflator): This index is published by the Australian Bureau of Statistics and refers to the value of work done (implicit price deflator). It is referred to as Chain Volume Measures; Engineering Construction; ABS Reference A405071T, ABS Product Number 8782.0.65.001 This index is applied to components of a S94 Plan works program for non-land items such as open space embellishment and the construction of buildings, roads and carparks. The currently available IPD figures are for December 2015, released by the ABS in April 2016. As a matter of interest, the IPD has increased 1.06% since December 2014. Land component - TSC Land Cost Index: Tweed Shire Council's Land Cost Index is a simple index calculated with reference to the movement in annual median property sale values and is published annually under the heading Land Cost Indexation in Council’s Revenue Policy. In 2009, escalating property values in Tweed Shire were of serious concern and price movements were noted well in excess of any non-land related index. It was felt that it was essential that an index that could closely reflect the actual cost to Council of the acquisition of land would be the most appropriate index to use, therefore the TSC Land Index was calculated and is now published annually. At the time of preparation of this report, the currently available Land Cost Index figures are for March 2016, to be published in Council's Draft Revenue Policy 2016/2017. As a matter of interest, the land index has increased 12.14% since March 2015.


CPI All Groups (Sydney): Section 94 Plan No 28 - Seaside City was indexed in the annual cycle for the first time in 2014, in accordance with clauses in the plan which enable indexation in line with the ABS CPI index for All Groups (Sydney), ABS Reference 6401.0 Consumer Price Index. As a matter of interest, the CPI has increased 1.30%since March2015. Cumulative movement of indices since 2007 is shown in the chart below. It should be noted that indexation in each plan is recalculated each year from the specific works program item base year in the originally adopted plan. Specific details of the calculation relevant to each plan are included as an appendix in the plan.

Effect of negative movements in indices:

The template for a S94 Plan, and therefore each updated Tweed Shire Council S94 plan, contains the following statements in the clause entitled 'Adjustment of Contribution Rates': Note: In the event that the Current IPD is less than the previous IPD, the Current

IPD shall be taken as not less than the previous IPD. Note: In the event that the Current LV Index is less than the previous LV Index,

the Current LV Index shall be taken as not less than the previous LV Index.


Effect of indexation on contribution rates:

Plan

Component Current $ Per unit

Rate at 1 July 2016

Increase per unit

Increase per lot

1 Banora Point Open Space Structured Open Space $1096 person $1117 $21 $51

Casual Open Space with

dedication $235 person $237 $2 $6

Casual Open Space no

dedication $721 person $728 $7 $16.80

2 Banora Point West Drainage Scheme Drainage $14,100 HA $14,240 $140 $14

4 Tweed Road Contribution Plan Tweed Heads $857 Trip $866 $9 $59

Tweed Heads South $1,387 Trip $1,400 $13 $85

Cobaki $1,449 Trip $1,463 $14 $92

Bilambil Heights $2,983 Trip $3,013 $30 $196

Terranora $2,091 Trip $2,112 $21 $137

Kingscliff $1,195 Trip $1,207 $12 $79

Duranbah/Cabarita $1,205 Trip $1,216 $11 $72

LAC4: Casuarina $1,381 Trip $1,395 $14 $92

Pottsville $1,351 Trip $1,364 $13 $85

LAC3: Koala

Beach/Seabreeze $1,422 Trip $1,436 $14 $91

Murwillumbah $1,385 Trip $1,399 $14 $92

Rural - Inner East $1,901 Trip $1,920 $19 $124

Burringbar $1,317 Trip $1,330 $13 $85

Rural - Inner North $3,080 Trip $3,111 $31 $202

Rural - Inner West $2,355 Trip $2,379 $24 $157

Rural - Other $2,666 Trip $2,692 $26 $169

5 Local Open Space Structured Open Space $263.16 person $265.78 $2.61 $16.97

Casual Open Space $229.93 person $232.20 $2.27 $14.77

7 West Kingscliff Structured Open Space $1,239 person $1,287 $48 $115

Drainage $56,755 HA $62,673 $5,918 $592

10 Cobaki Lakes Community facilities $502 person $507 $5 $12.43

11 Libraries $354.60 person $358.12 $3.52 $8

12 Bus Shelters bus shelters $27.70 person $27.97 $0.27 $0.65

13 Eviron Cemetery Cemetery $51.67 person $52.13 $0.46 $1.10

15 Community Facilities Community facilities $587.78 person $593.58 $5.80 13.92

18 Council Admin/Tech Support Admin $786.94 person $795.66 $8.72 $20.93

19 Casuarina Beach/Kings Forest Community Facilities $958 person $967 $9 $22

Structured Open Space $527 person $545 $18 $43

21 Terranora Village Structured Open Space $529.08 person $534.27 $5.19 $12.46


Plan

Component Current $ Per unit

Rate at 1 July 2016

Increase per unit

Increase per lot

Community facilities $180.08 person $181.84 $1.76 $4.23

22 Cycleways Cycleway $200.01 person $202.00 $1.99 $4.76

23 Offsite Parking Tweed Heads $26,044 space $26,797 $753 NA

Murwillumbah $16,628 space $16,792 $164 NA

Kingscliff $28,910 space $29,195 $285 NA

Bogangar/Cab. Bch $28,910 space $29,195 $285 NA

Pottsville $21,348 space $22,522 $1,174 NA

Fingal Head $3,029 space $3,059 $30 NA

25 SALT Open Space & Associated Carparking Structured Open Space $972 person $1,013 $41 $98

26 Regional Open Space Structured Open Space $1,620.66 person $1,636.71 $16.05 $38.54

Casual Open Space $461.73 person $466.30 $4.57 $10.98

27 Tweed Heads Master Plan Open space and streetscaping $616 person $616 Nil Nil

28

Seaside City For existing and new subdivisions, excludes structured open space (to developer) 20,620

$20,713 person $20,934 $221 $575

For new subdivisions only, structured open space (to Council)

$1,663 person $1,681 $18 $47

OPTIONS: 1. Note the indexation of contribution rates as recommended. CONCLUSION: Given that Council is authorised to regularly index contribution rates under the provisions of Regulation 32 of the Environmental Planning and Assessment Regulation 2000, and by the clause entitled "Adjustment of Contribution Rates" as adopted in each S94 Plan, indexation has been applied to contribution rates as detailed in this report. Contribution plans have been updated to specify the contribution and Council's financial systems have been updated accordingly. The updated contribution rates became effective on 1 July 2016. This report is tabled for the information of Councillors. COUNCIL IMPLICATIONS: a. Policy: Council's adopted S94 Plans. NSW Environmental Planning and Assessment Act and Regulations. b. Budget/Long Term Financial Plan: Because the Environmental Planning and Assessment Regulations and Council's adopted S94 contributions plans allow for indexation of contribution rates, Council is able to annually adjust contribution rates in accordance with specific adopted indices, thereby enabling


Council to require that developers fairly contribute towards the current actual cost of providing the facilities required as a result of that development, as identified in the contribution plans. c. Legal: Council is authorised to regularly index contribution rates under the provisions of Regulation 32 of the Environmental Planning and Assessment Regulation 2000, and by the clause entitled "Adjustment of Contribution Rates" as adopted in each S94 Plan. d. Communication/Engagement: Inform - We will keep you informed. This is an administrative change which is documented within the previously exhibited and amended S94 Plan. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


36 [E-CM] Response to Notice of Motion - Western Drainage Scheme SUBMITTED BY: Roads and Stormwater

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life 2.3 Provide well serviced neighbourhoods 2.3.5 Ensure adequate stormwater drainage, flood management and evacuation systems are in place to protect people and property from

flooding

SUMMARY OF REPORT:

At 17 March 2016 meeting, Council resolved the following in response to a notice of motion regarding the stormwater drainage system servicing Banora Point, known as the Western Drainage Scheme:

"RESOLVED that Council 1. Notes the difficulty in managing the water body within the Western Drainage Scheme

particularly in regards to managing the various weed species. 2. Officers review the existing management plans for the Western Drainage Scheme

and provide a brief report back to Council for consideration." This report responds to the second part of the resolution. Initially the focus of the report was to be weed management options, but now also addresses management options emanating from a significant fish kill event that subsequently occurred in the Vintage Lakes section of the drainage scheme in early April 2016. RECOMMENDATION:

That the Western Drainage Scheme Operational Management Plan be reviewed following an updated survey of Comb-Crested Jacana habitat within the Banora Point Western Drainage Scheme during the 2016/17 summer.


REPORT:

The Banora Point Western Drainage Scheme is a man-made drainage system that was constructed in the 1990s. It provided a trunk drainage and stormwater quality system for a catchment of approximately 445ha, while also providing a source of fill for the surrounding residential development. Design of the drainage system is based on the "Banora Point / South Tweed Stormwater Management Plan" (WBM Oceanics, 1997), which considered flood conveyance, water quality, acid sulphate soils and ecology. The drainage system adjacent to Club Banora and west of Greenway Drive (the "Western Drainage Scheme") comprises fresh water open drains and constructed lakes whose water levels are set at a constant level by a bund before discharging into Trutes Bay through floodgated culverts. The open drains and Lake Kimberley system east of Greenway Drive (the "Eastern Drainage Scheme") is subject to partial tidal exchange and discharges into Shallow Bay.

Existing Management Plans Maintenance and operation of the drainage system is conducted according to the "Western Drainage Scheme Operational Management Plan" (Tweed Shire Council, 2003). This plan deals with Council's statutory obligations, environmental and safety risks, weed


management, fauna considerations, and the various maintenance options available to manage water quality, aquatic vegetation, and sedimentation. Maintenance of the drainage scheme occurs under approval 0666/2001DA, originally issued in August 2001. This was subsequently amended in October 2003 to incorporate the Western Drainage Scheme Operational Management Plan (OMP). Management Issues Given the scheme's proximity to residences and public open space, and limitations in its design, the drainage system has been the source of frequent complaint from residents and their representative groups throughout its operational life. These complaints generally relate to weed growth, sedimentation and litter/green waste in the open drains, and associated concerns for water quality, odour, pest management, flooding and wildlife health. Overall the drainage system is poorly understood by residents, who frequently refer to it as a natural watercourse, and confuse aesthetic concerns with operational and health issues. Weed Management The drainage system provides conditions suitable for a range of aquatic vegetation growth. This includes some problem weeds, including the noxious weeds Salvinia molesta and Cabomba caroliniana. Clearing noxious weeds from drains is complex and accounts for most of Council’s maintenance budget for the Western Drainage Scheme. While salvinia can be successfully harvested, there currently is no successful control method for the underwater weed cabomba. Attempts to clear cabomba can in fact encourage its growth at the expense of desired plants. Salvinia was last harvested from the drains in late 2015. Wandering jew (Tradescantia albiflora) is another common weed in the drainage scheme.

Left to right: salvinia, cabomba, wandering jew (NSW WeedWise, DPI) There are a number of desirable native species such as water lily and water fern (azolla pinnata) in the drainage scheme. Azolla in particular is frequently mistaken for a water weed or algae. These desirable species play an important role in the management of the drainage system as they take up nutrients from the water and compete against algal and weed species. The OMP specifies that "non-noxious aquatic macrophytes will not be subject to mechanical control measures unless they compromise the safe function of the stormwater drains".

http://weeds.dpi.nsw.gov.au/WeedImages/Details/850?NoWeeds=8




Left to Right: water lilies supporting a comb-crested jacana (www.birdphotos.com.au), azolla (NSW WeedWise, DPI)

Threatened Species Constraints Water lilies in the drainage scheme provide foraging, roosting and breeding habitat for the Comb-crested Jacana, which is listed as Vulnerable under the NSW Threatened Species Conservation Act, 1995. The jacana nests from January to March, with a fledgling period from February to June. The approval for maintenance of the drainage system (0666/2001DA.01) includes specific conditions requiring monitoring of the jacanas and limiting maintenance works such as sediment removal, to periods outside of the breeding season - August to October. The OMP was based on jacana surveys in 2000, 2001 and 2003 which estimated a population of 16, 17 and 5 individuals respectively throughout the Western Drainage Scheme. Threats to the jacana population included predation by fauna, disturbance of nesting sites by human activities, and declining water lily growth. No further jacana surveys have been undertaken, despite the requirements of the approval for drainage maintenance and the recommendations of the OMP. The water lily habitat suitable for the jacanas is now thought to be limited mainly to the golf course canal, and the drain between Club Banora and Riversdale Boulevard. Water Quality In terms of current condition, the drainage system is functional hydraulically and the water quality does not pose any significant health risks. The waterbody is however eutrophic, that is, over-saturated with nutrients (phosphorus and nitrogen) and exhibiting a boom and bust cycle of aquatic vegetation growth. Within the system itself, the impacts of aquatic weeds are largely aesthetic, however it is acknowledged that the current summer season has seen significant weed growth due to high temperatures and few storm events to flush the system, until recently. The flat topography through the whole drainage scheme means all of the drains are permanently ponded waterbodies that only flow in response to rainfall. The ponded nature of the drains, and the proximity to large residential areas and the golf course means that they are a sink for stormwater pollutants from untreated urban stormwater runoff - particularly sediments from development sites and nutrients from sources such as fertilisers and detergents. Water birds are another source of nutrient in the system. Large numbers of birds have been attracted to the area by people feeding them.

http://www.google.com.au/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwjMgoK0pa7NAhXCHKYKHb4BCf4QjRwIBw&url=http://www.birdphotos.com.au/Comb crested Jacana/slides/B3BC0385 copy.html&psig=AFQjCNEGVSB6B6HGs1dg2faMw6QeKRHLew&ust=1466226381576676


Due to the developed nature of the catchment, the drainage system receives significant inputs of litter, and this accumulates in certain areas causing aesthetic impacts and pollution of the environment. A short term water quality monitoring program was implemented in 2013 in the central part of the system. Monitoring showed elevated levels of nitrogen, which is characteristic of an urban stormwater system. There is currently no ongoing routine water quality monitoring program for the fresh water sections of the Western Drainage Scheme, despite the recommendations of the OMP that sampling and testing for water quality be undertaken twice yearly. Rather, water quality monitoring has been related to specific issues or events only. In a broader context, the outflow of urban stormwater from the Western Drainage Scheme is a significant source of nutrients being discharged into Trutes Bay, part of Terranora Broadwater. Reduction of the nutrient source is a high priority action identified in the Cobaki - Terranora Broadwater Coastal Zone Management Plan. Fish Kills The Vintage Lakes section of the Western Drainage Scheme was subject to a significant fish kill in April 2016. This is not unprecedented - similar fish kills occurred in March 2001 and January 2005. Latent conditions in Vintage Lakes are thought to be the cause of the fish kill - below average lead up rain, persistent warm conditions, and widespread red azolla growth across the surface of the lake indicating high levels of nutrient in the lake. The fish kill was generally limited to a very large number of mature mullet within the lake, which suffocated due to lack of dissolved oxygen (DO) in the water. Low DO levels are associated with a lack of flow or turbulence in waterbodies, together with the decomposition of aquatic plants.

Vintage Lakes fish kills, January 2005 (left) and April 2016 (right), both showing dead mature mullet and widespread red azolla coverage. Water monitoring following the April 2016 fish kill confirms that Vintage Lakes is generally low in DO, and even following extensive rainfall in June 2016 DO levels did not rise significantly. Laboratory testing ruled out other contaminants such as pesticides, sewage overflows, or algal blooms as the cause of the fish kill.


Measures such as water circulating pumps and mechanical aerators have previously been investigated for use in Vintage Lakes to address low DO, however their costs to hire / purchase and run outweigh the potential limited benefits to the overall drainage system. Any new budget allocations would be better spent on targeting nutrient levels in the waterbodies. Legal Constraints Council is party to a deed of agreement with Twin Towns Services Club Limited (Club Banora). The canal that surrounds the Club Banora golf course forms the headwaters to the Western Drainage Scheme, and is owned by the Club and is contained within an easement benefitting Council. Council has constructed various physical barriers along the drainage scheme to prevent saline water intrusion into the golf course canal, which is used by Club Banora to irrigate the golf course. The deed of agreement and terms of the easement prevent changes to the tidal regime in the Western Drainage Scheme, and the risk of salt contamination of the golf course canal. Club Banora is permitted to remove sediment from the canal to maintain a minimum depth of 1.5m under the terms of the easement, and the OMP. OPTIONS: Management Options As Council has previously acknowledged, optimal management of the drainage system is complex. The growth and removal of aquatic weeds by mechanical means removes nutrients from the drainage scheme and potentially improves water quality discharged to Trutes Bay. This is the current method, which consumes most of the annual maintenance budget for the Western Drainage Scheme. In terms of nutrient and biomass removal efficiency, mechanical weed removal has many advantages over other possible options for nutrient removal. Alternate control measures that kill aquatic weeds, such as salvinia weevils or herbicides, are problematic as the decaying plant material consumes dissolved oxygen and releases nutrients into the water column. Bottom sediments are already a significant source of nutrients within the drainage scheme. In response to recommendations of the Cobaki-Terranora Coastal Zone Management Plan, in 2010 Council commissioned a review of potential actions that could be undertaken to improve water quality in the western drainage scheme, and to reduce impacts on Trutes Bay. The following twelve actions were identified with possible benefits to water quality and other environmental attributes.

1. Education strategy to discourage bird feeding; 2. Diversion works in the Russell Way lake to capture and remove sediments; 3. Bunding off a section of Vintage Lakes for sediment and weed management; 4. Construct a treatment wetland for diverted flows from Russell Way lake; 5. Construct treatment wetlands for diverted flows through Vintage Lakes and from

surrounding urban stormwater outlets; 6. Re-profiling and revegetation of lake edges;


7. Re-establish fresh water regime in constructed wetlands downstream of Vintage Lakes;

8. Convert pond off Amaroo Drive into a treatment wetland; 9. Involvement in the potential redevelopment of the golf course to fill in or

rehabilitate sections of the canal; 10. Re-establish native submerged macrophyte species; 11. Remove and rehabilitate drain sediments; 12. Re-profile and revegetate the drainage system.

From this list there was no single recommendation that could be affordably or practically implemented to address the inherent problems within the system. As an alternative, the Natural Resource Management Unit is currently trialling floating reed beds in the section of canal upstream of Fraser Drive. The reed beds are small floating pontoons that support plants that take up nutrients from the water in the channel, without affecting flood height or duration. The trial will allow assessment of the durability of the reed beds and potential damage from birds or vandals. If they prove successful, a full scale deployment will be considered with the aim of improving the quality of water being discharged from the Western Drainage Scheme into Trutes Bay and Terranora Broadwater. Tidal flushing, as occurs in the Eastern Drainage Scheme, is effective in controlling weed growth and ensuring good oxygenation in Lake Kimberley. The Western Drainage Scheme is physically capable of allowing a degree of tidal flushing by altering the floodgates and bunds downstream of Vintage Lakes. However the existing Deed of Agreement with Club Banora prohibits further consideration due to the risk of saline intrusion to the golf course. A change in the drainage regime from fresh to salt water would also impact on various flora and fauna species in the Western Drainage Scheme, and would require thorough environmental impact assessment. This management option cannot be considered further at this time. It is not feasible to significantly alter the contributing catchments, drainage configuration, or stormwater discharge points for the Western Drainage Scheme, given the fixed nature of this infrastructure within the urban structure of Banora Point. Previous concepts to engineer scheme improvements have been cost prohibitive and/or likely to involve significant environmental disturbance. The existing approvals and management plans outline Council's expected service levels and responsibilities around drainage maintenance. These service levels acknowledge the constraints imposed by Threatened Species management, and the Deed of Agreement with Club Banora. Further water quality monitoring, although expected under the OMP, is of limited value for ongoing management, given the eutrophic nature of the waterbodies is already well established. The factor that is most likely to have changed in the years since the OMP was adopted relates to the presence of the Comb-crested Jacana and its preferred habitat. The OMP imposes restrictions throughout the whole Western Drainage Scheme, however it is thought that the suitable jacana habitat is now limited mainly to the golf course canal and the drain between Club Banora and Riversdale Boulevard. A thorough survey of the water lily habitat, and for the presence of the birds themselves is recommended in the upcoming breeding


season. Should changes be observed, this could enable a review of the OMP and modification of 0666/2001DA to relax the maintenance limitations imposed outside of the August to October period in sections of the Western Drainage Scheme. That is, this could allow for additional sediment and weed removal within the system. In the short term, sediment and weed removal from the sections of open drain behind Birkdale Court and Avondale Drive is planned for August 2016. In terms of nutrient and biomass removal efficiency and noxious weed management, mechanical weed removal remains the preferred treatment option for the Western Drainage Scheme. Mechanical harvesting will be scheduled for November / December 2016. Other actions such as trialling the floating reed beds will also continue. In response to this report, Council may resolve to: 1. Accept the recommendations of the report, or to 2. Request alternate operational and/or maintenance measures be further investigated,

with a report on cost implications to be provided. CONCLUSION: The Western Drainage Scheme has an established Operational Management Plan which tries to address the various requirements of maintaining an effective and safe drainage system within a range of constraints. Unfortunately the drainage scheme is subject to regular nutrient loads from adjoining urban development which in turn promotes noxious weed growth and water quality issues. Management of the drainage scheme is complex, however this is not well understood by adjacent residents. COUNCIL IMPLICATIONS: a. Policy: Western Drainage Scheme Operational Management Plan (2003). Management Plans b. Budget/Long Term Financial Plan: Council has allocated $109,000 in 2016/17 for maintenance of the Banora Point Western Drainage Scheme. The majority of this funding will be spent on aquatic noxious weed removal performed once per summer. Around $26,000 of this annual allocation is spent on mowing the areas along the drain banks. Additional funding would permit increased frequency/extent of noxious weed maintenance and sediment removal, however the constraints described in the report remain, pending further review (i.e. restrictions to disturbing jacana habitat outside of August to October each year). c. Legal: Refer to above discussion on the Deed of Agreement with Twin Towns Services Club Limited. d. Communication/Engagement: Inform - We will keep you informed.


The issues around ongoing management of the Western Drainage Scheme are frequently raised by media, local residents, and residents associations, such as the Banora Point and District Residents Association. Council officers will continue to respond to these enquiries in accordance with the OMP. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


37 [E-CM] Acquisition of Easement for Rock Anchors by Roads and Maritime Services within Council Land at Banora Point

SUBMITTED BY: Design

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.4 Strengthen coordination among Commonwealth and State Governments, their agencies and other service providers and Statutory

Authorities to avoid duplication, synchronise service delivery and seek economies of scale 1.4.1 Council will perform its functions as required by law and form effective partnerships with State and Commonwealth governments and

their agencies to advance the welfare of the Tweed community

SUMMARY OF REPORT:

The NSW Department of Transport Roads and Maritime Services has completed the upgrade of the Pacific Highway and they are now undertaking the acquisition of land affected by the works. Their acquisition also includes an Easement for Rock Anchors within the residue Crown Land parcels, and there is a concurrent report to the Tweed Reserves Trust in this regard. This report relates to the acquisition of an Easement for Rock Anchors within Council land, Lot 1 in DP 1140522, acquired by Council from the Crown in 2009 for water supply purposes. This parcel is owned by Council and classified as operational land. It is recommended that Council approve the acquisition of the Easement for Rock Anchors within Lot 1 DP 1140522. RECOMMENDATION:

That Council: 1. Approves the acquisition of Easement for Rock Anchors within Lot 1 DP

1140522 by NSW Department of Transport Roads and Maritime under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Executes all necessary documentation under the Common Seal of Council.


REPORT:

NSW Department of Transport Roads and Maritime Services ("RMS") have completed the upgrade of the Pacific Highway and the RMS is now undertaking the acquisition of land affected by these works. Their acquisition also includes an Easement for Rock Anchors within the residue Crown Land parcels. There is a concurrent report to the Tweed Reserves Trust which discusses this subject. This report relates to the acquisition of an Easement for Rock Anchors only, within Council land Lot 1 in DP 1140522, acquired by Council in 2009 for water supply purposes. This parcel is owned by Council and is classified as operational land. Figure 1 below shows the 2009 plan of acquisition, and illustrates the location of Lot 1:

Figure 1 The construction of the tunnel, below the surface of Wilson Park, necessitated the use of rock anchors, which penetrate into those parcels of Crown land on both sides of the tunnel, extending below the surface, as far as Lot 1, necessitating the acquisition of the easement.


Figure 2, DP 1211517 shown below, shows the area of the easement within the Crown Land parcels highlighted by hatching. Lot 1 is located within the easement corridor in Lot 13, it is not hatched, but shows (A), which indicates the area of the proposed easement:

Figure 2 The RMS intend to acquire the easement for nil compensation pursuant to section 62 of the Land Acquisition (Just Terms Compensation) 1991 which provides that where an easement is acquired under the surface for the construction and maintenance of works such as a tunnel, compensation is not payable except for actual damage done in the construction of the work or caused by the work. There is no record of any actual damage in this regard, it is recommended that Council approves the acquisition of the Easement for Rock Anchors within 1 in DP1140522. The letter from RMS is attached to this report for reference. It is recommended that Council approve the acquisition of the Easement for Rock Anchors within Lot 1 DP 1140522. OPTIONS: 1. To approve the acquisition by the NSW Department of Transport Roads and Maritime

of an Easement for Rock Anchors within Lot 1 DP 1140522. 2. To not approve the acquisition by the NSW Department of Transport Roads and

Maritime of an Easement for Rock Anchors within Lot 1 DP 1140522. CONCLUSION: The acquisition of the easement formalises the location of the rock anchors and provides a record of their existence below the surface of the subject land, and has had no negative


impact on the property or Council infrastructure. It is recommended that Council approve the acquisition under the provisions of the Land Acquisition (Just Terms Compensation ) Act 1991. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: There will be no compensation payable by RMS for this acquisition pursuant to section 62 of the Land Acquisition (Just Terms Compensation) Act 1991. c. Legal: The acquisition will proceed under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. d. Communication/Engagement: Inform - We will keep you informed. There will be public notification of this acquisition by the RMS as part of the acquisition process. UNDER SEPARATE COVER/FURTHER INFORMATION:

Attachment 1. Letter from NSW Department of Transport Roads and Maritime Services dated 4 March 2016 (ECM 3987307).


38 [E-CM] Bob Whittle Airfield, Murwillumbah - Licence to Shoobridge Transport

SUBMITTED BY: Design

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 3 Strengthening the Economy 3.4 Provide land and infrastructure to underpin economic development and employment 3.4.2 Ensure sustainable provision of infrastructure (utilities, services and transport) is available to support economic development

SUMMARY OF REPORT:

Shoobridge Transport operate a transport business from their land adjacent to the Bob Whittle Airfield at Murwillumbah. Access to their site is from Airfield Avenue, which is a short cul-de-sac where the formed surface extends into the airfield providing access to the hangars and to transport operator's land. Formal rights to use part of the airfield land has been requested, and mutual beneficial terms and conditions for the granting of a licence have been negotiated. It is recommended that Council approve entering in to a licence agreement over an area of the Bob Whittle Airfield for a term of ten years and an option of a further ten years. RECOMMENDATION:

That: 1. Council approves entering into a licence agreement with Shoobridge Transport

over a part of Lot 17 DP 712954 having an area of 387m2 for a term of ten years with an option for a further ten years.

2. All necessary documentation be executed under the Common Seal of Council.


REPORT:

Shoobridge Transport operate their transport business from their land adjacent to the Bob Whittle Airfield at Murwillumbah. Access to their site is from Airfield Avenue, which is a short cul-de-sac where the formed surface extends into the airfield providing access to the hangars and to their land. See the aerial photograph below in Figure 1:

Figure 1 It is apparent that the use of the land does not impact on the operation of the airfield, and it has been negotiated that the Shoobridge Transport shall undertake the upgrading of the land to be licensed, and will maintain and repair the surface during the term of the licence. Further, Shoobridge Transport shall establish a concrete area for an ambulance standing area, see the plans below. Figure 2 below shows the total licence area of 387m2:

Airfield Shoobridge

1313131313

1010101010 88888

99999

66666 44444

77777

66

6868686868

22222

67-6967-6967-6967-6967-69

76-7876-7876-7876-7876-78

71-7371-7371-7371-7371-73

5-75-75-75-75-7

99999Lundberg Dr

Airfield Ave

23//242387

5//246773

2//626542

1//598236

6//246773

22//242387

11//246773

8//246773

12//246773

2//826879

3//826879

This image cannot currently be displayed.


Figure 3 below shows the ambulance standing area and the access upgrade maintenance area;

It is intended that Council grant a licence for a term of ten years, with an option for a further ten years. In the event that the business is discontinued at this site, then the licence will terminate. The cost of the works to upgrade, maintain and repair the licensed area will comprise the licence fee, and where such works do not occur, Shoobridge shall be charged for the cost of having the works completed by independent contractors. The area indicated on Map 3 as “Proposed Access Maintenance Area” will be concreted, this is to ensure the surface will be maintained to a high standard as a result of the heavy vehicles that use this driveway. It will also secure Shoobridge a secondary access to their property through the corner of Airfield carpark. As part of the agreed licence terms Shoobridge have agreed to provide a concrete ambulance standing area outside of the licence area and indicated on Map 3 as “Proposed Ambulance Standing Area”. This area will assist ambulances which undertake patient transfers to emergency helicopters in adverse weather conditions. It is recommended that Council approve entering into a licence agreement on these terms. OPTIONS: 1. To approve entering into a licence agreement with Shoobridge Transport. 2. To not approve entering into a licence agreement with Shoobridge Transport. CONCLUSION: The access area has been used for many years and formalising its use by entering into a licence will allow Council to apply conditions and obligations around that use, rather than allowing the use to continue on an ad hoc basis. It is recommended that Council approve the granting of the licence.


COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: The licence fee will comprise costs for the works for the access corridor, ongoing maintenance and repair during the term of the licence and the provision of a hard stand ambulance area within the airfield land. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


REPORTS FROM THE DIRECTOR CORPORATE SERVICES

39 [CS-CM] Local Government Reforms - Fit for the Future Update SUBMITTED BY: Financial Services

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.3 Delivering the objectives of this plan 1.3.2 Council will seek the best value in delivering services

SUMMARY OF REPORT:

The NSW Government requested the Independent Pricing and Regulatory Tribunal (IPART) to undertake the role of the Expert Advisory Panel in assessing local government Fit for the Future (FFTF) proposals. The FFTF reforms aim to improve the strength and effectiveness of local government in providing services and infrastructure that communities need. Consistent with Council’s FFTF submission in June 2015, IPART assessed Tweed Shire’s submission at the time as meeting the scale and capacity criteria but not meeting some of the financial criteria. At its meeting of 22 October 2015 Council resolved in part:-

"1. Receives and notes the Independent Pricing and Regulatory Tribunal (IPART) "Assessment of Council Fit for the Future Proposals - Local Government - Final Report October 2015".

2. Makes further submissions to both IPART and the NSW Government in relation

to the new improved 2014/15 Operating Performance Ratio results detailed in Council’s 2014/15 Annual Financial Statements and the outcome of the revaluation process on depreciation expense calculations."

On 18 December 2015 the Minister for Local Government announced the next steps in the FFTF process. Despite resubmitting the FFTF criteria, following the Council resolution of 22 October 2015, Tweed Shire remains classified as ‘not fit’. The NSW Government published the Fit for the Future Financial criteria reassessment guidelines in May 2016 with a reassessment submission date of 29 July 2016.


The work undertaken since the original submission, aided by external consultants, has placed Council in a strong position to be deemed ‘Fit’ for the Future. Council will meet benchmark for: • the Operating Performance Ratio and Own Source Revenue Ratio by 2020/2021 and

has an improving Building and Asset Renewal Ratio, which will reach benchmark in 2023/2024.

• the Asset Maintenance Ratio and Debt Service Ratio by 2020/2021 but will have an

Infrastructure Backlog Ratio of 2.47%, which may reach benchmarks after the 10 year timeframe, given asset renewals will be over 100% by that time.

• Real Operating Expenditure. The financial criteria projections to 2024/2025 are included within the attachment to this report. RECOMMENDATION:

That Council: 1. Receives and notes the Local Government Reforms – Fit for the Future Update

report. 2. Endorses the attached reassessment proposal and attachments. 3. Endorses the budget amendments and the new Long Term Financial Plan

attached to this report. 4. Provides delegation to the General Manager to make any minor amendments

recommended by the Office of Local Government performance team during the scheduled meeting between the Office and representatives of the Executive Management Team scheduled for 22 July 2016.


REPORT:

Background The NSW Government requested the Independent Pricing and Regulatory Tribunal (IPART) to undertake the role of the Expert Advisory Panel in assessing local government Fit for the Future (FFTF) proposals. The FFTF reforms aim to improve the strength and effectiveness of local government in providing services and infrastructure that communities need. Consistent with the NSW Government’s Terms of Reference and IPART’S Methodology Paper, IPART assessed the council proposals against the following criteria: 1. Scale and capacity to engage effectively across community, industry and

governments; 2. Sustainability; 3. Effectively managing infrastructure and delivering services for communities; and 4. Efficiency. Consistent with Council’s FFTF submission in June 2015, IPART assessed Tweed Shire’s submission at the time as meeting the scale and capacity criteria but not meeting some of the financial criteria.

At its meeting of 22 October 2015 Council resolved in part:-

"1. Receives and notes the Independent Pricing and Regulatory Tribunal (IPART) "Assessment of Council Fit for the Future Proposals - Local Government - Final Report October 2015".

2. Makes further submissions to both IPART and the NSW Government in relation

to the new improved 2014/15 Operating Performance Ratio results detailed in Council’s 2014/15 Annual Financial Statements and the outcome of the revaluation process on depreciation expense calculations."

Latest announcements and guidance On 18 December 2015 the Minister for Local Government announced the next steps in the FFTF process. Despite resubmitting the FFTF criteria, following the 22 October 2015 Council resolution, Tweed Shire remains classified as ‘not fit’.


The NSW Government response: December 2015 publication states:- Council IPART

Assessment Scale & Capacity

Financial Criteria

Government Response

TCorp Facility

What happens next?

Tweed Not Fit Financial intervention considered if Not Fit after assessment

Discuss opportunities to revise your FFTF proposal for reassessment with OLG.

The NSW Government published the Fit for the Future Financial criteria reassessment guidelines in May 2016 with a since amended reassessment submission date of 29 July 2016. The guidelines highlight the following points:- • The reassessment process will use the same criteria and benchmarks as IPART’s Fit

for the Future assessment. • Councils can draw upon 2014-15 financial and asset management information for the

reassessment and extend Improvement Action Plans to 2020-21. • The reassessment will focus on benchmarks not previously met, but councils need to

show that changes do not adversely affect performance against other criteria and benchmarks.

In addition, each reassessment submission needs to include: • A copy of the Council Resolution endorsing the revised proposal. • A statement (two pages maximum) for each criterion not achieved, explaining what

actions council will take to address the issues raised by IPART. • A revised Improvement Action Plan, demonstrating how council can now satisfy the

three financial criteria. The Office of Local Government (OLG) will oversee the reassessment process in consultation with IPART and NSW Treasury Corporation (TCorp). OLG will provide a panel of suitably qualified finance and asset management professionals to undertake the review. On 7 June 2016, Council's General Manager, Director Corporate Services and Manager Financial Services attended a workshop in Sydney facilitated by the OLG. This workshop was attended by representatives of all 14 councils who have scale and capacity, but who did not meet all of the financial criteria benchmarks after the initial FFTF submission. Also in attendance at this workshop were representatives from IPART, Treasury Corporation (TCorp), Institute of Public Works Engineering Australasia (IPWEA) and Local Government NSW (LGNSW). The OLG requested Tweed to provide a presentation at this workshop to highlight the positive approach adopted by Council with the implementation of the "Tweed The Future is Ours" project.


The OLG have requested the Council meet with representatives of the Performance Team in Sydney on 22 July to provide feedback and recommendation for any amendments to Council's proposed reassessment submission. Given this will be during the day after the Council meeting where the submission is to be considered for adoption by Council, a recommendation to this report includes providing delegated authority to the General Manager to make any minor amendments to the submission that are recommended by the OLG during that meeting. These recommendations will not include any amendments to the Long Term Financial Plan.

Actions since the original submission Much work has been undertaken during the ensuing period consistent with the Tweed The Future Is Ours roadmap as outlined in the initial proposal. These works aided by consultants in some instances include:- Infrastructure • the 2014/15 revaluation process for transport and stormwater drainage assets

encompassing condition assessment, the review of useful lives and current replacement costs;

• review of the adequacy of the annual indexation rates used for roads and stormwater drainage;

• review of asset maintenance requirements and basis of calculation; • review of condition levels used to bring to satisfactory condition


Income • Review of Road grants in future years • Review of Fees and Charges • Review General Fund Rates projections • Review Investment income returns. Reassessment financial criteria projections Council will meet benchmark for the Operating Performance Ratio and Own Source Revenue Ratio by 2020/2021 and has an improving Building and Asset Renewal Ratio, which will reach benchmark in 2023/2024. Council will meet benchmark for the Asset Maintenance Ratio and Debt Service Ratio by 2020/2021 but will have an Infrastructure Backlog Ratio of 2.47%, which may reach benchmarks after the 10 year timeframe, given asset renewals will be over 100% by that time. Council meets the benchmark for Real Operating Expenditure. The financial criteria projections to 2024/2025 are included within the attachment to this report. OPTIONS: Not applicable. CONCLUSION: The work undertaken since the original submission, with the input of external consultants, has placed Council in a strong position to be deemed ‘Fit’ for the future. COUNCIL IMPLICATIONS: a. Policy: Not Applicable b. Budget/Long Term Financial Plan: As included within the body of the report. c. Legal: Not Applicable. d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed.



Attachment 1. Fit for the Future Reassessment Template and Attachments (ECM4133435)

Attachment 2. Amended Long Term Financial Plan. (ECM4133436)


40 [CS-CM] Events Sponsorship Policy, Version 1.0 SUBMITTED BY: Director

Validms


people, disadvantaged and minority groups and to build stronger and more cohesive communities 3 Strengthening the Economy 3.1 Expand employment, tourism and education opportunities 3.1.2 Attract major events to the Tweed 3.1.3 Provide opportunities for visitors to enjoy access to the arts through cultural facilities, festivals and programs 3.1.4 Market the Tweed as a destination for business and tourism 3.1.6 Support creative practitioners and entrepreneurs to access professional and business development opportunities, to enhance their

contribution to the creative economy 3.3 Maintain and enhance the Tweed lifestyle and environmental qualities as an attraction to business and tourism

SUMMARY OF REPORT:

At its meeting of 19 May 2016, it was resolved by Council that:

“1. Exhibits the draft Events Sponsorship Policy, Version 1.0 for a period of 28 days commencing Friday 20 May 2016, and accepts public submissions for a period of 42 days, up until Friday 30 June 2016, as per Section 160 of the Local Government Act 1993.

2. Supports the introduction of the Events Sponsorship Guidelines, Version 1.0. 3. Endorses the Events Sponsorship Application Form to be available for public

distribution on Friday 20 May 2016. 4. Supports the opening of the 2016/2017 Events Sponsorship Funding round from

20 May 2016 closing on 24 June 2016.” The draft Events Sponsorship Policy, Version 1.0 was placed on public exhibition in accordance with the Council resolution. No public submissions were received.


If adopted the Events Sponsorship Policy, Version 1.0 will replace the Festivals and Events Policy, Version 1.1, which has previously been the Policy providing Council a framework for the distribution of grants and funding. RECOMMENDATION:

That Council adopts the Events Sponsorship Policy, Version 1.0 and notes this Policy replaces the Festivals and Events Policy Version 1.1.


REPORT:

The process of providing both financial assistance and in kind support to event organisers has been reviewed in accordance with the actions outlined in the Tweed Shire Events Strategy 2016-2020 Action Plan, adopted by Council on 18 February 2016. This review has resulted in the creation of the draft Events Sponsorship Policy which provides a framework for Council to offer financial assistance to event organisers to develop, host and grow festivals and events in the Tweed Shire. At its meeting of 19 May 2016, it was resolved by Council that the draft Events Sponsorship Policy, Version 1.0 be placed on public exhibition for a period of 28 days commencing Friday 20 May 2016, and public submissions be accepted for a period of 42 days, up until Friday 30 June 2016. No public submissions were received during this period. As the draft Events Sponsorship Policy provided the framework for the assessment of the applications for financial assistance to event organisers, the Policy requires adoption before Council can distribute funding. Events Sponsorship Policy applications for financial assistance are the subject of a separate report on this agenda. If adopted the Events Sponsorship Policy, Version 1.0 will replace the Festivals and Events Policy, Version 1.1, which has previously been the Policy providing Council a framework for the distribution of grants and funding. OPTIONS: That Council: 1. Adopts the Events Sponsorship Policy, Version 1.0 and notes that this Policy will

replace the Festivals and Events Policy, Version 1.1. 2. Does not adopt the Events Sponsorship Policy, Version 1.0 and delays the distribution

of funds to event organisers. CONCLUSION: As actions from the Tweed Shire Events Strategy are implemented over the Strategy’s four-year implementation period, further reviews and updates may be required of the Events Sponsorship Policy, Events Sponsorship Guidelines and the Events Sponsorship Application Form. COUNCIL IMPLICATIONS: a. Policy: If adopted the Events Sponsorship Policy, Version 1.0 will replace the Festivals and Events Policy, Version 1.1. b. Budget/Long Term Financial Plan: Not Applicable. c. Legal: Not Applicable.


d. Communication/Engagement: Consult-We will listen to you, consider your ideas and concerns and keep you informed. A public exhibition notice appeared on Council’s website from Friday 20 May 2016, with an advertisement appearing in the Tweed Link on Tuesday 24 May 2016. The draft Events Sponsorship Policy was on public exhibition for 28 days, commencing 20 May 2016, with submissions accepted for 42 days up until Friday 30 June 2016. UNDER SEPARATE COVER/FURTHER INFORMATION:

Attachment 1. Events Sponsorship Policy, Version 1.1 (ECM 4051294).


41 [CS-CM] Applications for 2016/2017 Events Sponsorship - Events Sponsorship Policy (formerly Festivals and Events Policy)

SUBMITTED BY: Director

Validms


people, disadvantaged and minority groups and to build stronger and more cohesive communities 3 Strengthening the Economy 3.1 Expand employment, tourism and education opportunities 3.1.2 Attract major events to the Tweed 3.1.3 Provide opportunities for visitors to enjoy access to the arts through cultural facilities, festivals and programs 3.1.4 Market the Tweed as a destination for business and tourism 3.1.6 Support creative practitioners and entrepreneurs to access professional and business development opportunities, to enhance their

contribution to the creative economy 3.3 Maintain and enhance the Tweed lifestyle and environmental qualities as an attraction to business and tourism

SUMMARY OF REPORT:

The process of providing both financial assistance and in kind support to event organisers has been reviewed in accordance with the actions outlined in the Tweed Shire Events Strategy 2016-2020 Action Plan, adopted by Council on 18 February 2016. This review resulted in the: 1. Creation of the Events Sponsorship Policy, Version 1.0 which provides the framework

for Council to offer financial assistance to event organisers to develop, host and grow festivals and events in the Tweed Shire. The new Policy will replace the Festivals and Events Policy, Version 1.1, and is tabled for adoption as a separate report on the Council agenda.

2. Festivals and Events funding round that usually opened in March each year, being

delayed. It was recognised some events could be disadvantaged if the application process was not commenced at the earliest opportunity. Therefore at it’s meeting of 19 May 2016, Council resolved to open the funding application round on Friday 20 May 2016 under the draft Events Sponsorship Policy.


All applications were assessed against the eligibility criteria of the draft Events Sponsorship Policy with all eligible applications presented to Councillors in a Councillor Workshop on Thursday 30 June 2016. A table listing all applications received is included in the report, however the application assessment table, in accordance with Section 10A(2)(c) of the Local Government Act 1993, is a confidential attachment to this report. RECOMMENDATION:

That: 1. Council carry over the $4,000 previously allocated in the 2015/2016 funding

round to the Caldera Environment Centre to conduct the 2016 World Environment Day, into the 2016/2017 Events Sponsorship budget.

2. Council agrees to consider the application from Caldera Environment Centre, for

$5,000 funding towards the 2017 World Environment Day Festival, given that they have now met request from the Councillor Workshop that the previous funding be returned.

3. Council allocates the following support under the 2016/2017 Events Sponsorship

Policy funding round:

Applicant Cash In-kind Murwillumbah Festival of Performing Arts Inc.

$7,500 Multi-year (x 3)

Nil

Murwillumbah Rowing Club $1,500 Nil Rotary Club of Murwillumbah Central Inc. (Tweed Valley Banana Festival)

$3,000 Nil (a separate

application needs to be completed)

Swimming North Coast Inc. $1,000 $2,500 (Tweed Heads pool

hire) The Murwillumbah Art Trail Inc. $3,000

subject to lodgement of previous year

acquittal within 14 days of this resolution

Nil

Tumbulgum Community Association (Tumbulgum 150 years)

$10,000 Nil

Tweed District Orchid Society Inc. $1,500 $462 (Tweed Heads Civic

Centre hire) Tweed Fusion Nil $5,400

(Art Gallery Venue hire & associated

admin costs) Tweed Heads Croquet Club Inc. $1,500 Nil Tweed Valley Adventist College $4,500 Nil Tweed Valley Equestrian Group (TVEG) $775 Nil

$34,275 $8,362 TOTAL $42,637


4. Council agrees to establish a three-year financial arrangement, on a sliding financial scale, with the following applicants under the Events Sponsorship Policy and any requests for in-kind will be charged to the applicant as per the adopted Fees and Charges, and in keeping with the Tweed Shire Events Strategy 2016-2020:

Applicant 2016/2017 2017/2018 2018/2019

Tweed Food Fest Inc. $10,000 $7,500 $5,000 Tweed Valley Country Roots Fest Pty Ltd $15,000 $10,000 $7,500 Tyalgum Music Festival Inc. $5,000 $3,500 $2,000

TOTAL $30,000 $21,000 $14,500

5. Any funding or in kind support provided to an applicant is conditional upon the terms detailed in the funding agreement between Council and the successful applicant.



with whom the council is conducting (or proposes to conduct) business


REPORT:

In previous years, applications for event funding opened annually in March each year, with one round of funding, including multi-year options. However, with the adoption of the Tweed Shire Events Strategy 2016-2020 by Council on 18 February 2016 the process of providing both financial assistance and in kind support to event organisers has been reviewed in accordance with the actions identified in the Strategy’s Action Plan. As a result of the funding round being delayed, it was recognised that changes to the funding round timetable could reduce access to applications for funding by some event organisers. Therefore at its meeting of 19 May 2016, Council’s resolved to open the funding application round on Friday 20 May 2016, whilst the draft Events Sponsorship Policy was on public exhibition. Councillors considered the funding applications received after the close of the public exhibition period for the draft Events Sponsorship Policy on Thursday 30 June. Full or partial or no funding was recommended and all applicants will be advised of the outcome of their application in writing.

Applicant Event description Amount requested

Caldera Environment Centre *

World Environment Day 2017 The aim of the event is to bring community together to learn about ecological sustainability. The objective of the event is to help people learn practical ways to live in an ecologically sustainable manner. Learning at the Festival is designed to be encouraging, practical, positive and productive.

$5,000

Juraki Surf Culture Inc. Juraki Surf Invitational 2016 The Juraki Surf Invitational 2016 is the principal event for Juraki Surf Culture – a non-profit event management organization committed to creating, supporting & partnering in (sporting) events that give Indigenous similar yet culturally-sensitive opportunities to main-stream. “Closing the gap from the Indigenous perspective”.

$7,532

Murwillumbah Rowing Club Inc.

Head of the Tweed A 21km race or pleasure row from Chinderah up the Tweed River finishing at Murwillumbah. The event is open to all human powered boats – dragon boats, surf boats, kayaks, rowing sculls and outriggers. Boats are set off in waves, according to their class and their individual finish times recorded. Medals are awarded to each division and class (ie. Schools, Masters, ALT adaptive rowers).

$1,500

Rotary Club of Murwillumbah Central Inc.

Tweed Valley Banana Festival • Youth Development and Education • Promoting awareness of local agri-business –

today and historically • Promoting Tweed Valley as destination • Supporting local businesses

$10,000



Swimming North Coast Inc.

2017 Winter Short Course Championships • To provide a quality competitive swimming event. • To give Swimming North Coast members the

best opportunity to achieve qualifying times to enter NSW State and Country, and Swimming Australia Championships

• To provide professional development for Club level Technical Officials and Administrators

$2,000

The Murwillumbah Art Trail Inc.

The Murwillumbah Art Trail 2017 A primary objective of MAT is to provide a professional development opportunity for the artists of the Tweed Shire and surrounding regions and showcase the diversity of artistic talent in this area. It also recognises the inherent beauty and uniqueness of the Murwillumbah Town Centre's architecture and businesses and aims to work in collaboration with these for the community and visitors.

$10,000

Tumbulgum Community Association Inc.

Tumbulgum Celebrates 150 Years 150 year celebration and the Tumbulgum Community Association are collaborating with Council to bring the Tweed River Festival into the 150 year celebrations. The theme is “Join us at the Junction”.

$10,000

Tweed District Orchid Society Inc.

22nd Annual Tweed Orchid Fair and Show The event will comprise a fully judged orchid show with prize monies awarded to Grand Champion, Reserve Champion, Champion Specimen etc. and also to the winners and place getters in the various orchid divisions and sections. Throughout the period of the event cultural advice and informative demonstrations are given.

$1,500

Tweed Fusion Tweed Fusion Tweed Fusion is a project which aims to act as an umbrella under which a number of businesses and organisations can come together to create the components of a multi-faceted program providing the opportunity to share the quintessential Tweed Valley with our visitors allowing them to experience: our stunning natural landscape, creative arts, fresh local produce and lifestyle all encapsulated in the program’s events. These are a deliberate mix of small intimate ticketed and larger public events. Events are being held at various picturesque locations across the Valley.

$20,000

Tweed Heads Croquet Club Inc.

Croquet Spring Festival The aim of the event is provide competition for local croquet players by attracting competitors from other regions. This competition will improve the ability of the locals in their chosen sport. The final objective is to provide a fun time for all, both locals and visitors which can only improve their outlook and lifestyle.

$1,500



Tweed Valley Adventist College and Murwillumbah Churches Together

Carols at the College Provides an opportunity for residents to participate in a celebration of goodwill in a family friendly (alcohol free zone) rural setting. The beautiful grounds of the college provide a venue for families to gather, share a meal and enjoy an evening of excellent music and entertainment. The event also provides an opportunity for local community services and businesses to unite together to support a community building event.

$7,700

Tweed Valley Equestrian Group

TVEG Club and Participant Dressage Championships This event has grown in popularity for the past 7 years with more riders, families and volunteers participating each year. The program is organised under the rules and regulations of Equestrian QLD and Equestrian Australia. It is a qualifier for National NSW and QLD Dressage Championships and accredited by Equestrian QLD to be listed on the Amateur Owner (Participant) leader board.

$2,000

Applications received requesting multi-year funding:


Island Style Promotions

Australian Longboard Surfing Open To attract the world’s best longboard surfers to the Tweed Coast and showcase longboard surfing in a competitive arena while promoting the area as a world class surfing destination to visitors. To promote longboarding as a healthy and enjoyable lifestyle for the whole family to enjoy. To support the development and growth of business in Northern NSW.

1st year $9,000 2nd year $9,000 3rd year $9,000

Murwillumbah Festival of Performing Arts Inc.

Murwillumbah Festival of Performing Arts To provide a positive and caring performance experience in the areas of speech and drama, music, dance.


Tweed Foodie Fest Inc.

Taste The Tweed Up to four food events per year


Tweed Valley Country Roots Fest Pty Ltd

Tweed Valley Country Roots Festival The TVCRfest is a large, family-friendly, outdoor music festival that caters for the 35+ age group and their families. The event will take place over two days (Saturday 1 and Sunday 2 October). In addition to the main music festival over the weekend there will be two satellite events: Tweed Foodie Fest (Friday 30 September) and the Essence Music Workshop (Wednesday 27 and Thursday 28 September).


Tyalgum Music Festival Inc.

Tyalgum Music Festival Tyalgum Music Festival is an annual cultural arts event which brings performers of

1st year $6,000 2nd year $5,500



national/international standing to the region, draws visitors, involves the community and strives to create an innovative and valuable arts festival of national significance. The objective is to provide an inclusive and varied arts and cultural experience to appeal to a broad audience and across all age groups.

3rd year $5,000

Applications not eligible for Council funding:

Applicant Event description Comment Kids in Need Association

To fundraise to support children with disability and those who are chronically ill.

The eligibility criteria states that Council does not financially support events that specifically fundraise for donations and charities through this funding stream.

Lions Club of Tweed Coast South

Pottsville Fishing Classic Charity Fish Auction – local charities to benefit

The eligibility criteria states that Council does not financially support events that specifically fundraise for donations and charities through this funding stream.

OPTIONS: That Council: 1. Allocates the recommended financial support under the 2016/2017 Events

Sponsorship Policy funding round, and agrees to enter into an Sponsorship Agreement with the successful applicants, based on either one-year or multi-year support.

2. Does not allocate funding under the 2016/2017 Events Sponsorship Policy at this point

in time. CONCLUSION: In previous years, applications for event funding opened annually in March each year, with one round of funding, including multi-year options. However, with the adoption of the Tweed Shire Events Strategy 2016-2020 by Council on 18 February 2016 the process of providing both financial assistance and in kind support to event organisers has been reviewed in accordance with the actions identified in the Strategy’s Action Plan. As a result of the funding round being delayed, it was recognised some events could be disadvantaged if the application process was not commenced at the earliest opportunity. Therefore at it’s meeting of 19 May 2016, Council’s resolved to open the funding application round on Friday 20 May 2016, whilst the draft Events Sponsorship Policy was on public exhibition. The allocation of 2016/2017 funding is dependent on Council adopting the draft Events Sponsorship Policy, the subject of a separate report on this agenda, as the eligibility criteria contained within this draft Policy was used to assess the applications.


COUNCIL IMPLICATIONS: a. Policy: Events Strategy Version 1.0 (adopted 18 February 2016). The Events Sponsorship Policy, Version 1.0 will replace the Festivals and Events Policy, Version 1.1. The Events Sponsorship Policy will be reviewed in conjunction with the Community Sponsorship Policy as required, and to assist in implementing the actions from the Tweed Shire Events Strategy 2016-2020. b. Budget/Long Term Financial Plan: Budget allocations have been made in the 2016/2017 Budget:

Events Sponsorship = $50,000 Event Attraction = $68,000

Council is to determine the rollover of $4,000 (allocated in 2015/2016) receipted from the Caldera Environment Centre as a result of the cancelled 2016 World Environment Day Festival, into the 2016/2017 Events Sponsorship budget for allocation this funding round. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. Advice appeared on Council’s website on Friday 20 May that the Events Sponsorship application round was open from Friday 20 May until Friday 24 June 2016. An advertisement providing details of the application round appeared in the Tweed Link on Tuesday 24 May 2016. UNDER SEPARATE COVER/FURTHER INFORMATION:

(Confidential) Attachment 1. Events Sponsorship Policy Assessment Table – 2016/2017 Applications for Funding (ECM 4127572).


42 [CS-CM] 2016/2017 Annual Loan Borrowing Program SUBMITTED BY: Financial Services

Validms


SUMMARY OF REPORT:

The annual loan borrowing requirements adopted in the 2016/2017 budget total $1,976,000 and are detailed in the body of this report. It is Council practice to call quotations for the supply of loan funds from various financial institutions each financial year. This report provides the necessary delegations and resolutions for Council Officers to call for quotations and execute loans as adopted within the 2016/2017 budget. RECOMMENDATION:

That: 1. The General Manager and Manager Financial Services be authorised to negotiate

acceptance of the loan quotations. 2. Relevant loan documentation is to be executed under the Common Seal of

Council.


REPORT:

The annual loan borrowing requirements adopted in the 2016/2017 budget total $1,976,000 and are detailed below:- New Loans

Purpose Term $ Public Toilets 20 100,000 Bridges 20 776,000 Drainage 20 1,100,000 1,976,000 In order to distribute the cost of long term facilities over the period which the facilities benefits will be enjoyed, it is usual for Council to finance part of these works from borrowings. This ensures that both current and future ratepayers share the cost of the facility equally. It is Council practice to call quotations for the supply of loan funds from various financial institutions each financial year. This report provides the necessary delegations and resolutions for Council Officers to call for quotations and execute loans as adopted within the 2016/2017 budget. OPTIONS: Not Applicable. CONCLUSION: The General Manager and Manager Financial Services be authorised to negotiate acceptance of the loan quotations for 2016/2017 totalling $1,976,000 and relevant loan documentation be completed under the Common Seal of Council. COUNCIL IMPLICATIONS: a. Policy: Not Applicable b. Budget/Long Term Financial Plan: Loan borrowings were included in the adopted 2016/2017 Budget and Long Term Financial Plan. c. Legal: Under Section 55.1(f) of the Local Government Act 1993, Council is not required to call tenders for the Provision of Banking, Borrowing or Investment Services. Loan borrowings were included in the adopted 2016/2017 Budget and Long Term Financial Plan. Quotations for the loan borrowing program will be invited from all major financial institutions in due course, depending upon funding requirements for the various loan purposes.


The Manager Financial Services as the Responsible Accounting Officer has the following delegation:

"FI017 Loans - accept from lending institutions

To accept loans from lending institutions within the Council approved loan program and arrange the necessary mortgage deed and documentation."

d. Communication/Engagement: Not Applicable. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


43 [CS-CM] 2016/2017 Making the Rate SUBMITTED BY: Financial Services

Validms


SUMMARY OF REPORT:

Council, at its meeting of 16 June 2016, resolved to adopt the Delivery Program 2013/2017, Operational Plan 2016/2017; Revenue Policy and Statement 2016/2017, Part A; Budget 2016/2017, Part B; Fees and Charges 2016/2017 Part C; and Resourcing Strategy 2013/2023. In accordance with the provisions of the Local Government Act 1993 a rate or charge is made by resolution of Council, and each rate or charge is to be made for a specified year, being the year in which the rate or charge is made or the next year. Accordingly, a rate or charge must be made before 1 August in the year for which the rate or charge is made or before such later date in that year as the Minister may, if the Minister is of the opinion that there are special circumstances, allow. The basis of this report is the formal Making of the Rate and Charges for 2016/2017. RECOMMENDATION:

That: 1. Council makes the 2016/2017 rates and charges in accordance with the

provisions of sections 493, 494, 495,495A, 496, 498, 501, 502, 506, 508A, 541, 548 and 553 of the Local Government Act 1993: (a) Ordinary Rates (section 494, 498, 508A)

(i) Residential Rate A Residential Rate of .5607 cents in the dollar on the rateable land value of all applicable rateable land in the Tweed Shire Council area classified Residential with a minimum rate of one thousand and seven dollars and eighty cents ($1007.80) in respect of any separate parcel of rateable land.


(ii) Farmland Rate

A Farmland Rate of .3625 cents in the dollar on the rateable land value of all applicable rateable land in the Tweed Shire Council area classified Farmland with a minimum rate of one thousand and seven dollars and eighty cents ($1007.80) in respect of any separate parcel of rateable land.

(iii) Business Rate

A Business Rate of .5959 cents in the dollar on the rateable land value of all applicable rateable land in the Tweed Shire Council area classified Business with a minimum rate of one thousand and one hundred and seven dollars and ninety cents ($1107.90) in respect of any separate parcel of rateable land.

(b) Annual Charges (Section 495, 495A, 496, 501, 502 and 553)

(i) Sewerage Annual Charge (Section 501) A sewerage annual charge on the rateable land value of all applicable rateable land in the Tweed Shire Council area with an annual charge of eight hundred and five dollars and forty five cents ($805.45) in respect of any separate parcel of rateable land. Non-Residential Assessments - The minimum non-residential sewerage access charge will be $805.45 The minimum non-residential sewerage access charge shall be equivalent to the residential sewerage access charge. The non-residential sewerage access charge (SAC) for properties with a larger than 20mm water service shall be calculated in the same way as the water access charge: Non-residential SAC ($) = Residential SAC ($) x R x CF Where: R = Meter Ratio being the ratio of the water meter cross

sectional area to that of a 20mm water meter’s cross sectional area (See Table 1)

CF = Consumption Factor for the previous 12 months as displayed in Table 1 (The Consumption Factor has been introduced to acknowledge that the size of the water meter does not always reflect the volume of water used).


Table 1. Consumption Factors Meter size (mm) 20 25 32 40 50 80 100 150 200 250 300

Meter Ratio (R) 1 1.56 2.56 4.0 6.25 16.0 25.0 56.25 100 156.25 225

Consumption Range (kL) Consumption Factor (CF)

0 290 1.000 0.640 0.391 0.250 0.160 0.063 0.040 0.018 0.010 0.006 0 291 454 1.000 1.000 0.610 0.391 0.250 0.980 0.063 0.028 0.016 0.010 291 455 743 1.000 1.000 1.000 0.640 0.410 0.160 0.102 0.046 0.026 0.016 455 744 1,160 1.000 1.000 1.000 1.000 0.640 0.250 0.160 0.071 0.040 0.026 744 1,161 1,814 1.000 1.000 1.000 1.000 1.000 0.391 0.250 0.111 0.063 0.040 1,161 1,815 4,640 1.000 1.000 1.000 1.000 1.000 1.000 0.640 0.284 0.160 0.102 1,815 4,641 7,250 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.444 0.250 0.160 4,641 7,251 16,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.563 0.360 7,251 16,315 29,000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.640 16,315 29,001 45,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 29,001 Over 45,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000

(ii) Water Annual Charge (Section 501)

Residential assessments – a service charge of $166.45 Non-Residential Assessments - The minimum non-residential water access charge will be $166.45 The non-residential water access charge (WAC) for properties with a larger than 20mm water service shall be calculated as shown below: Non-residential WAC ($) = Residential WAC ($) x R x CF Where: R = Meter Ratio being the ratio of the water meter cross

sectional area to that of a 20mm water meter’s cross sectional area (see Table 2).

CF = Consumption Factor for the previous 12 months as displayed in Table 2 (The Consumption Factor has been introduced to acknowledge that the size of the water meter does not always reflect the volume of water used).

Table 2. Consumption Factors Meter size (mm) 20 25 32 40 50 80 100 150 200 250 300

Meter Ratio (R) 1 1.56 2.56 4.0 6.25 16.0 25.0 56.25 100 156.25 225

Consumption Range (kL) Consumption Factor (CF)

0 290 1.000 0.640 0.391 0.250 0.160 0.063 0.040 0.018 0.010 0.006 0.004 291 454 1.000 1.000 0.610 0.391 0.250 0.980 0.063 0.028 0.016 0.010 0.007 455 743 1.000 1.000 1.000 0.640 0.410 0.160 0.102 0.046 0.026 0.016 0.011 744 1,160 1.000 1.000 1.000 1.000 0.640 0.250 0.160 0.071 0.040 0.026 0.018 1,161 1,814 1.000 1.000 1.000 1.000 1.000 0.391 0.250 0.111 0.063 0.040 0.028 1,815 4,640 1.000 1.000 1.000 1.000 1.000 1.000 0.640 0.284 0.160 0.102 0.071 4,641 7,250 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.444 0.250 0.160 0.111 7,251 16,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.563 0.360 0.250 16,315 29,000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.640 0.444 29,001 45,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 0.694 Over 45,314 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000


A volumetric charge of $2.85 per kilolitre will apply for all consumption up to .8219kl per day based on the daily average over the billing period. A high consumption volumetric charge of $4.25 per kilolitre will apply for all consumption above .8219kl per day based on the daily average over the billing period. Vacant assessments rated to water – a service charge of $166.45 Properties will be levied the water service charge in accordance with the Local Government Act including the description of what land may be subject to the water service charge.

(iii) Koala Beach Special Rate (Section 495) A Koala Beach Special Rate of .0851 cents in the dollar on the rateable land value of applicable land in the Tweed Shire Council area. The following is a description of the applicable land:

Lot 1 DP 86409 Lot 62 DP 864094 Lot 216 DP 1033384 Lot 202 DP 1033384 Lot 2 DP 864093 Lot 63 DP 864094 Lot 217 DP 1033384 Lot 203 DP 1033384 Lot 3 DP 864093 Lot 64 DP 864094 Lot 218 DP 1033384 Lot 204 DP 1033384 Lot 4 DP 864093 Lot 65 DP 864094 Lot 219 DP 1033384 Lot 205 DP 1033384 Lot 5 DP 864093 Lot 66 DP 864094 Lot 220 DP 1033384 Lot 206 DP 1033384 Lot 6 DP 864093 Lot 67 DP 864094 Lot 221 DP 1033384 Lot 207 DP 1033384 Lot 7 DP 864093 Lot 68 DP 864094 Lot 222 DP 1033384 Lot 208 DP 1033384 Lot 8 DP 864093 Lot 69 DP 864094 Lot 223 DP 1033384 Lot 209 DP 1033384 Lot 9 DP 864093 Lot 70 DP 864094 Lot 224 DP 1033384 Lot 210 DP 1033384 Lot 10 DP 864093 Lot 71 DP 864094 Lot 225 DP 1033384 Lot 211 DP 1033384 Lot 11 DP 864093 Lot 72 DP 864094 Lot 226 DP 1033384 Lot 451 DP 1040725 Lot 12 DP 864093 Lot 73 DP 864094 Lot 227 DP 1033384 Lot 452 DP 1040725 Lot 13 DP 864093 Lot 74 DP 864094 Lot 228 DP 1033384 Lot 453 DP 1040725 Lot 16 DP 864093 Lot 75 DP 864094 Lot 229 DP 1033384 Lot 454 DP 1040725 Lot 17 DP 864093 Lot 76 DP 864094 Lot 230 DP 1033384 Lot 455 DP 1040725 Lot 18 DP 864093 Lot 77 DP 864094 Lot 231 DP 1033384 Lot 456 DP 1040725 Lot 19 DP 864093 Lot 78 DP 864094 Lot 232 DP 1033384 Lot 457 DP 1040725 Lot 20 DP 864093 Lot 79 DP 864094 Lot 233 DP 1033384 Lot 458 DP 1040725 Lot 21 DP 864093 Lot 80 DP 864094 Lot 234 DP 1033384 Lot 459 DP 1040725 Lot 30 DP 864094 Lot 81 DP 864094 Lot 235 DP 1033384 Lot 460 DP 1040725 Lot 31 DP 864094 Lot 82 DP 864094 Lot 236 DP 1033384 Lot 461 DP 1040725 Lot 32 DP 864094 Lot 83 DP 864094 Lot 237 DP 1033384 Lot 301 DP 1049060 Lot 33 DP 864094 Lot 84 DP 864094 Lot 238 DP 1033384 Lot 302 DP 1049060 Lot 34 DP 864094 Lot 85 DP 864094 Lot 239 DP 1033384 Lot 303 DP 1049060 Lot 35 DP 864094 Lot 86 DP 864094 Lot 240 DP 1033384 Lot 304 DP 1049060 Lot 36 DP 864094 Lot 87 DP 864094 Lot 241 DP 1033384 Lot 305 DP 1049060 Lot 37 DP 864094 Lot 88 DP 864094 Lot 242 DP 1033384 Lot 306 DP 1049060 Lot 38 DP 864094 Lot 91 DP 864094 Lot 243 DP 1033384 Lot 307 DP 1049060


Lot 39 DP 864094 Lot 92 DP 864095 Lot 244 DP 1033384 Lot 308 DP 1049060 Lot 40 DP 864094 Lot 93 DP 864095 Lot 245 DP 1033384 Lot 309 DP 1049060 Lot 41 DP 864094 Lot 94 DP 864095 Lot 246 DP 1033384 Lot 310 DP 1049060 Lot 42 DP 864094 Lot 95 DP 864095 Lot 247 DP 1033384 Lot 311 DP 1049060 Lot 43 DP 864094 Lot 96 DP 864095 Lot 248 DP 1033384 Lot 312 DP 1049060 Lot 44 DP 864094 Lot 97 DP 864095 Lot 249 DP 1033384 Lot 313 DP 1049060 Lot 45 DP 864094 Lot 98 DP 864095 Lot 250 DP 1033384 Lot 314 DP 1049060 Lot 46 DP 864094 Lot 99 DP 864095 Lot 251 DP 1033384 Lot 315 DP 1049060 Lot 47 DP 864094 Lot 100 DP 864095 Lot 252 DP 1033384 Lot 316 DP 1049060 Lot 48 DP 864094 Lot 101 DP 864095 Lot 253 DP 1033384 Lot 317 DP 1049060 Lot 49 DP 864094 Lot 14 DP 870694 Lot 254 DP 1033384 Lot 318 DP 1049060 Lot 50 DP 864094 Lot 15 DP 870694 Lot 255 DP 1033384 Lot 319 DP 1049060 Lot 51 DP 864094 Lot 22 DP 870695 Lot 256 DP 1033384 Lot 320 DP 1049060 Lot 52 DP 864094 Lot 23 DP 870695 Lot 257 DP 1033384 Lot 321 DP 1049060 Lot 53 DP 864094 Lot 24 DP 870695 Lot 258 DP 1033384 Lot 322 DP 1049060 Lot 54 DP 864094 Lot 25 DP 870695 Lot 259 DP 1033384 Lot 323 DP 1049060 Lot 55 DP 864094 Lot 26 DP 870695 Lot 260 DP 1033384 Lot 324 DP 1049060 Lot 56 DP 864094 Lot 27 DP 870695 Lot 261 DP 1033384 Lot 325 DP 1049060 Lot 57 DP 864094 Lot 28 DP 870695 Lot 262 DP 1033384 Lot 326 DP 1049060 Lot 58 DP 864094 Lot 29 DP 870695 Lot 263 DP 1033384 Lot 327 DP 1049060 Lot 59 DP 864094 Lot 213 DP 1033384 Lot 264 DP 1033384 Lot 328 DP 1049060 Lot 60 DP 864094 Lot 214 DP 1033384 Lot 265 DP 1033384 Lot 329 DP 1049060 Lot 61 DP 864094 Lot 215 DP 1033384 Lot 201 DP 1033384 Lot 330 DP 1049060 Lot 331 DP 1049060 LOT 396 DP 1052083 Lot 516 DP 1068516 Lot 569 DP 1076975 Lot 332 DP 1049060 Lot 397 DP 1052083 Lot 519 DP 1076975 Lot 570 DP 1076975 Lot 333 DP 1049060 Lot 398 DP 1052083 Lot 520 DP 1076975 Lot 571 DP 1076975 Lot 334 DP 1049060 Lot 399 DP 1052083 Lot 521 DP 1076975 Lot 572 DP 1076975 Lot 335 DP 1049060 Lot 400 DP 1052083 Lot 522 DP 1076975 Lot 573 DP 1076975 Lot 336 DP 1049060 Lot 401 DP 1052083 Lot 523 DP 1076975 Lot 574 DP 1076975 Lot 338 DP 1049060 Lot 402 DP 1052083 Lot 524 DP 1076975 Lot 575 DP 1076975 Lot 340 DP 1049061 Lot 403 DP 1052083 Lot 525 DP 1076975 Lot 576 DP 1076975 Lot 342 DP 1049061 Lot 404 DP 1052083 Lot 526 DP 1076975 Lot 577 DP 1076975 Lot 343 DP 1049061 Lot 405 DP 1052083 Lot 527 DP 1076975 Lot 578 DP 1076975 Lot 344 DP 1049061 Lot 406 DP 1052083 Lot 528 DP 1076975 Lot 579 DP 1076975 Lot 346 DP 1049061 Lot 407 DP 1052083 Lot 529 DP 1076975 Lot 580 DP 1076975 Lot 347 DP 1049061 Lot 408 DP 1052083 Lot 530 DP 1076975 Lot 581 DP 1076975 Lot 348 DP 1049061 Lot 409 DP 1052083 Lot 531 DP 1076975 Lot 582 DP 1076975 Lot 349 DP 1049061 Lot 410 DP 1052083 Lot 532 DP 1076975 Lot 583 DP 1076975 Lot 350 DP 1049061 Lot 411 DP 1052083 Lot 534 DP 1076975 Lot 584 DP 1076975 Lot 351 DP 1049061 Lot 412 DP 1052083 Lot 535 DP 1076975 Lot 585 DP 1076975 Lot 352 DP 1049061 Lot 413 DP 1052083 Lot 536 DP 1076975 Lot 586 DP 1076975 Lot 353 DP 1049061 Lot 414 DP 1052083 Lot 537 DP 1076975 Lot 587 DP 1076975 Lot 354 DP 1049061 Lot 415 DP 1052083 Lot 538 DP 1076975 Lot 588 DP 1076975 Lot 355 DP 1049061 Lot 416 DP 1052083 Lot 539 DP 1076975 Lot 589 DP 1076975 Lot 356 DP 1049061 Lot 417 DP 1052083 Lot 540 DP 1076975 Lot 590 DP 1076975 Lot 357 DP 1049061 Lot 418 DP 1052083 Lot 541 DP 1076975 Lot 591 DP 1076975


Lot 339 DP 1052080 LOT 419 DP 1052083 Lot 542 DP 1076975 Lot 592 DP 1076975 Lot 370 DP 1052082 LOT 420 DP 1052083 Lot 543 DP 1076975 Lot 593 DP 1076975 Lot 371 DP 1052082 Lot 421 DP 1052083 Lot 544 DP 1076975 Lot 594 DP 1076975 Lot 372 DP 1052082 Lot 422 DP 1052083 Lot 545 DP 1076975 Lot 595 DP 1076975 Lot 373 DP 1052082 Lot 423 DP 1052083 Lot 546 DP 1076975 Lot 596 DP 1076975 Lot 374 DP 1052082 Lot 424 DP 1052083 Lot 547 DP 1076975 Lot 597 DP 1076975 Lot 375 DP 1052082 Lot 425 DP 1052083 Lot 548 DP 1076975 Lot 598 DP 1076975 Lot 376 DP 1052082 Lot 426 DP 1052083 Lot 549 DP 1076975 Lot 599 DP 1076975 Lot 377 DP 1052082 Lot 90 DP 864094 Lot 550 DP 1076975 Lot 600 DP 1076975 Lot 378 DP 1052082 Lot 89 DP 864094 Lot 551 DP 1076975 Lot 601 DP 1076975 Lot 379 DP 1052082 Lot 212 DP 1033384 Lot 552 DP 1076975 Lot 602 DP 1076975 Lot 380 DP 1052082 Lot 200 DP 1033384 Lot 553 DP 1076975 Lot 603 DP 1076975 Lot 381 DP 1052082 Lot 501 DP 1068516 Lot 554 DP 1076975 Lot 604 DP 1076975 Lot 382 DP 1052082 Lot 502 DP 1068516 Lot 555 DP 1076975 Lot 605 DP 1076975 Lot 383 DP 1052082 Lot 503 DP 1068516 Lot 556 DP 1076975 Lot 606 DP 1076975 Lot 384 DP 1052082 Lot 504 DP 1068516 Lot 557 DP 1076975 Lot 607 DP 1076975 Lot 385 DP 1052082 Lot 505 DP 1068516 Lot 558 DP 1076975 Lot 608 DP 1076975 Lot 386 DP 1052082 Lot 506 DP 1068516 Lot 559 DP 1076975 Lot 739 DP 1076973 Lot 387 DP 1052082 Lot 507 DP 1068516 Lot 560 DP 1076975 Lot 919 DP 1077493 Lot 388 DP 1052082 Lot 508 DP 1068516 Lot 561 DP 1076975 Lot 610 DP 1077500 Lot 389 DP 1052082 Lot 509 DP 1068516 Lot 562 DP 1076975 Lot 611 DP 1077500 Lot 390 DP 1052082 Lot 510 DP 1068516 Lot 563 DP 1076975 Lot 612 DP 1077500 Lot 391 DP 1052082 Lot 511 DP 1068516 Lot 564 DP 1076975 Lot 613 DP 1077500 Lot 392 DP 1052082 Lot 512 DP 1068516 Lot 565 DP 1076975 Lot 614 DP 1077500 Lot 393 DP 1052083 Lot 513 DP 1068516 Lot 566 DP 1076975 Lot 615 DP 1077500 Lot 394 DP 1052083 Lot 514 DP 1068516 Lot 567 DP 1076975 Lot 616 DP 1077500 Lot 395 DP 1052083 Lot 515 DP 1068516 Lot 568 DP 1076975 Lot 617 DP 1077500

(iv) Domestic Waste Management Annual Charge (Section 496) A Domestic Waste Management Annual Charge for all land within the declared domestic waste scavenging area, maps of which are available from Council's Waste Management Unit. An annual charge of sixty five dollars and fifty cents ($65.50) in respect of any applicable land within the declared domestic waste scavenging area.

(v) Domestic Waste Service Annual Charge (Section 496)

A Domestic Waste Service Annual Charge for all land within the declared domestic waste scavenging area for the removal of the approved contents of the standard 140 litre mobile waste bin each week, maps of which are available from Council's Waste Management Unit. An annual charge of one hundred and ninety dollars and sixty cents ($190.60) in respect of any applicable serviced land within the declared domestic waste scavenging area. An alternate 80 litre mobile bin will be available to residents who have low waste generation. An annual charge of one hundred and sixty dollars ($160.00) in respect of any applicable serviced land within the declared domestic waste scavenging area.


An alternate 240 litre mobile bin will be available to residents who have high waste generation. An annual charge of two hundred and twenty nine dollars and eighty cents ($229.80) in respect of any applicable serviced land within the declared domestic waste scavenging area.

(vi) Landfill Management Charge (Section 501)

A Landfill Management Annual Charge for all rateable land within the boundary of the Tweed Shire. An annual charge of fifty one dollars and ninety cents ($51.90) in respect of all rateable land within the boundary of the Tweed Shire.

(vii) Green Organics Collection Charge (Section 496)

An additional annual charge of sixty two dollars and fifty cents ($62.50) is applicable to all landowners who have requested a fortnightly green organics collection service.

(viii) Waste Minimisation and Recycling Annual Charge (Section 496)

A Waste Minimisation and Recycling Annual Charge for all land within the declared domestic waste scavenging area, maps of which are available from Council's Waste Management Unit. An annual charge of sixty nine dollars and eighty cents ($69.80) in respect of any applicable land within the declared domestic waste scavenging area.

(ix) Cobaki Environmental Special Rate (Section 495) A Cobaki Environmental Special Rate of 1.919 cents in the dollar on the rateable land value of applicable land in the Tweed Shire Council area. The following is a description of the applicable land: Lot 1 DP 562222 Lot 1 DP 570076 Lot 1 DP 570077 Lot 1 DP 823679 Lot 2 DP 566529 Lot 200 DP 755740 Lot 201 DP 755740 Lot 202 DP 755740 Lot 205 DP 755740 Lot 206 DP 755740 Lot 209 DP 755740 Lot 228 DP 755740 Lot 305 DP 755740 Lot 46 DP 755740 Lot 54 DP 755740 Lot 55 DP 755740 Part Lot 199 DP 755740

2. In accordance with section 566(3) of the Local Government Act 1993 that the

maximum rate of interest payable on overdue rates and charges be 8% pa.


REPORT:

Council, at its meeting of 16 June 2016, resolved to adopt the Delivery Program 2013/2017, Operational Plan 2016/2017; Revenue Policy and Statement 2016/2017, Part A; which includes an increase in general rates for 2016/2017 of 2.77% above that for 2015/2016, Budget 2016/2017, Part B; Fees and Charges 2016/2017 Part C; and Resourcing Strategy 2013/2023. Council is now required to make the rate for 2016/2017. In accordance with the provisions of the Local Government Act 1993 a rate or charge is made by resolution of Council, and each rate or charge is to be made for a specified year, being the year in which the rate or charge is made or the next year. Accordingly, a rate or charge must be made before 1 August in the year for which the rate or charge is made or before such later date in that year as the Minister may, if the Minister is of the opinion that there are special circumstances, allow. The basis of this report is the formal Making of the Rate and Charges for 2016/2017. OPTIONS: Not Applicable. CONCLUSION: After the adoption of the Revenue Policy and Statement 2016/2017, Council is now required to make the rate for 2016/2017. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable b. Budget/Long Term Financial Plan: The current number of rateable properties as at 1 July 2016 for ordinary rates is:

Residential 36,590 Business 1,790 Farmland 1,510 Total 39,890

The minimum rates are as follows:

Residential Farmland Business Ordinary rate $1,007.80 $1,007.80 $1,107.90 Sewerage charge $805.45 $805.45 $805.45 Water Access Charge $166.45 $166.45 $166.45 Garbage Service Charge 140l $324.70 $324.70 $553.60 Landfill Management Charge $51.90 $51.90 $51.90 Total $2,356.30 $2,356.30 $2,685.30

The rates and charges income is included in the 2016/2017 Budget and Long Term Financial Plan.


Note: The ad valorem rate in the dollar for Residential, Farmland, Business and Special rate categories presented in this report may have increased slightly compared to the amount included in the 2016/2017 Revenue Policy and Statement, although the minimum rate has remained unchanged. The possible change in the ad valorem rates may be due to changes in property status, the revaluation process, supplementary valuation additions, the land valuation objections and the finalisation of postponed rate proportion of valuation. c. Legal: Rates Levied in accordance with the Local Government Act 1993, Sections:

• 493 Categories of ordinary rates and categories of land • 494 Ordinary rates must be made and levied annually • 495 Making and levying of special rates • 495A Strata Lots and company titles taken to be separate parcels of land for annual

charges • 496 Making and levying of annual charges for domestic waste management

services • 498 The ad valorem amount • 501 For what services can a Council impose an annual charge? • 502 Charges for actual use • 506 Variation of general income • 508A Special variation over a period of years • 541 Differing amounts for a charge • 548 Minimum amounts • 553 Time at which land becomes subject to special rate or charge • 566 Accrual of interest on overdue rates and charges

d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


44 [CS-CM] Monthly Investment and Section 94 Development Contribution Report for Period ending 30 June 2016

SUBMITTED BY: Financial Services

Valid


SUMMARY OF REPORT:

The "Responsible Accounting Officer" must report monthly to Council, setting out details of all the funds Council has invested. The Manager Financial Services, being the Responsible Accounting Officer, certifies that investments have been made in accordance with Section 625 of the Local Government Act (1993), Clause 212 of the Local Government (General) Regulations and Council policies. Council had $249,874,286 invested as at 30 June 2016 and the accrued net return on these funds was $662,806 or 3.18% annualised for the month. RECOMMENDATION:

That, in accordance with Section 625 of the Local Government Act 1993, the monthly investment report as at period ending 30 June 2016 totalling $249,874,286 be received and noted.


REPORT:

1. Restricted Funds as at 1 September 2015

($'000) Description General Fund Water Fund Sewer Fund Total

Externally Restricted (Other) 4,010 32,944 61,499 98,453 Crown Caravan Parks 18,283

18,283

Developer Contributions 26,759 2,651 29,410 Domestic Waste Management 13,981 13,981 Grants 2,923 2,923 Internally Restricted (Other) 43,083 43,083 Employee Leave Entitlements 11,330 11,330 Grants 3,169 3,169 Unexpended Loans 9,415 9,415 Total 132,953 35,595 61,499 230,047

Note: Restricted Funds Summary updated September 2015, corresponding with the Annual Financial Statements as at 30 June 2015 2. Investment Portfolio by Category


3. Investment Rates - 90 Day Bank Bill Rate

4. Bond and Floating Rate Note Securities

Counterparty Face Value Market Value

% Return on Face Value Investment Type Maturity Date

* CUA (04/19) 2,000,000.00 1,969,188.00 3.88 FRN 01-Apr-19 * CUA (04/19) 1,900,000.00 1,969,188.00 3.88 FRN 01-Apr-19

* Suncorp (04/21) 2,000,000.00 2,021,340.00 3.64 FRN 12-Apr-21

* ME Bank (04/18) 1,000,000.00 1,008,270.00 3.59 FRN 17-Apr-18

CBA (10/19) 2,000,000.00 2,007,360.00 3.14 FRN 18-Oct-19

ANZ (04/20) 1,600,000.00 1,600,560.00 3.11 FRN 17-Apr-20

CBA (01/21) 1,000,000.00 1,009,640.00 3.44 FRN 18-Jan-21

* Bendigo Bank

(04/21) 3,000,000.00 3,026,490.00 3.74 FRN 20-Apr-21

CBA (04/19) 1,000,000.00 1,006,710.00 3.15 FRN 24-Apr-19

Macquarie (ANZ) (10/18) 1,000,000.00 1,006,430.00 3.33 FRN 26-Oct-18

* Westpac (07/20) 2,000,000.00 2,002,540.00 3.05 FRN 28-Jul-20

* Westpac

(WBC) (10/20) 1,000,000.00 1,006,600.00 3.23 FRN 28-Oct-20

CBA (08/16) 1,000,000.00 1,006,450.00 3.32 FRN 02-Aug-16

* Suncorp (11/19) 1,000,000.00 997,040.00 2.74 FRN 05-Nov-19

* BOQ (11/19) 2,000,000.00 1,993,180.00 3.11 FRN 06-Nov-19

*

Heritage (Morgans)

(05/18) 2,000,000.00 1,998,040.00 3.14 FRN 07-May-18




*

Heritage (Westpac)

(05/18) 1,000,000.00 999,020.00 3.14 FRN 07-May-18

Rabo (Morgans)

(02/20) 2,000,000.00 1,997,100.00 3.07 FRN 11-Feb-20

* Bendigo (RBS)

(11/18) 1,000,000.00 1,008,240.00 3.25 FRN 14-Nov-18

* ME Bank (ANZ)

(11/17) 1,000,000.00 1,001,950.00 2.98 FRN 17-Nov-17

*

Bendigo (Westpac)

(08/20) 1,000,000.00 994,520.00 3.09 FRN 18-Aug-20

*

Bendigo (Westpac)

(08/20) 3,000,000.00 2,983,560.00 3.09 FRN 18-Aug-20

*

Bendigo (Westpac)

(08/20) 2,000,000.00 1,989,040.00 3.09 FRN 18-Aug-20

* Suncorp (CBA)

(08/19) 1,000,000.00 995,610.00 2.93 FRN 20-Aug-19

ING Bond(RBS) (08/16) 1,000,000.00 1,017,530.00 4.25 Fixed Rate Bond 23-Aug-16

*

Westpac (JP Morgans) (02/19) 2,000,000.00 2,011,640.00 2.94 FRN 25-Feb-19

*

NPBS (Morgans)

(02/18) 1,000,000.00 996,640.00 3.07 FRN 27-Feb-18

Macquarie (RIMSEC)

(03/20) 2,000,000.00 1,992,320.00 3.10 FRN 03-Mar-20

Rabo (ANZ) (03/21) 2,000,000.00 2,012,520.00 3.49 FRN 04-Mar-21

AMP (Morgans) (6/18) 1,000,000.00 1,001,220.00 3.18 FRN 06-Jun-18

* Greater BS

(06/19) 3,000,000.00 3,000,360.00 3.59 FRN 07-Jun-19 * BOQ (06/18) 1,000,000.00 998,650.00 3.02 FRN 12-Jun-18

*

Suncorp Metway

(Covered Bond) 2,000,000.00 2,001,580.00 3.10 FRN 22-Jun-21

*

Heritage (RBS/RIMSEC)

(06/17) 2,500,000.00 2,600,000.00 7.25 Fixed Rate Bond 20-Jun-17 * CUA (03/17) 1,000,000.00 1,002,140.00 3.30 FRN 20-Mar-17

* CUA (03/17)

(CBA) 1,000,000.00 1,002,140.00 3.30 FRN 20-Mar-17

* CUA (12/17)

ANZ 1,000,000.00 998,650.00 3.20 FRN 22-Dec-17

Rabo (RBS) (09/18) 1,000,000.00 1,002,380.00 3.07 FRN 25-Sep-18




CBA Bond (04/19) 1,000,000.00 1,051,630.00 4.25 Fixed Rate Bond 24-Apr-19

* ANZ Green

Bond (06/20) 2,000,000.00 2,040,680.00 3.25 Fixed Rate Bond 03-Jun-20

*

Suncorp Covered

(RIMSEC) (12/16) 2,000,000.00 2,026,440.00 4.75 Fixed Rate Bond 06-Dec-16

* BOQ (06/18) 1,000,000.00 1,024,760.00 4.00 Fixed Rate Bond 12-Jun-18

CBA/Merrill Lynch Zero

Coupon Bond (01/18) 4,000,000.00 3,766,400.00 7.17 Fixed Rate Bond 22-Jan-18

CBA (07/20) 2,000,000.00 2,004,840.00 3.19 FRN 17-Jul-20

Suncorp (NAB)

(08/20) 3,000,000.00 3,023,700.00 3.53 FRN 20-Oct-20

74,000,000.00 74,174,286.00 3.51

LEGEND

ABS = Asset Backed Security

Investment Type

Bond = Fixed Rate Bond

FRN = Floating Rate Note

Counterparty

Bendigo = Bendigo & Adelaide Bank NPBS - Newcastle Permanent Building Society

AMP = AMP Bank Heritage = Heritage Bank ME = Members Equity Bank

ANZ = ANZ Bank ING = ING Bank RaboDirect = Rabo Bank

BOQ = Bank of Queensland Investec = Investec Bank Rural = Rural Bank (previously Elders Bank)

CBA = Commonwealth Bank Macquarie = Macquarie Bank Suncorp = Suncorp Metway Bank

CUA = Credit Union Australia NAB = National Australia Bank WBC = WBC Banking Corporation

5. Term Deposits

Counterparty Lodged or Rolled Interest Due Maturity Date Principal % Yield

Rabo Bank (Mar 2017) (RIMSEC) 04-Mar-14 07-Mar-17 07-Mar-17 2,000,000.00 4.15

P&N Bank (RIMSEC)

(Sept 2017) 22-Sep-14 21-Sep-17 21-Sep-17 1,000,000.00 4.00

RaboDirect (Curve) (Jan

2019) 13-Jan-15 15-Jan-19 15-Jan-19 1,000,000.00 4.00

*

Auswide Bank (Curve) (Feb

2017) 03-Feb-15 07-Feb-17 07-Feb-17 1,000,000.00 3.50

Rural Bank (Curve) (Jul

2016) 01-Jul-15 05-Jul-16 05-Jul-16 1,000,000.00 3.00

RaboDirect (Curve) (Jul

2016) 28-Jul-15 26-Jul-16 26-Jul-16 1,000,000.00 5.40

* MEB (Jul

2016) 29-Jul-15 29-Jul-16 26-Jul-16 2,000,000.00 3.71

* BOQ (Aug

2017) 05-Aug-15 08-Aug-16 08-Aug-17 2,000,000.00 3.00



RaboDirect (Curve) (Aug

2019) 07-Aug-15 07-Aug-16 13-Aug-19 2,000,000.00 4.30

* BOQ (Aug

2017) 11-Aug-15 06-Aug-16 08-Aug-17 3,000,000.00 3.00

* BOQ (Aug

2017) 11-Aug-15 06-Aug-16 08-Aug-17 1,000,000.00 3.00

Rabo (RIMSEC) (Feb 2018) 19-Aug-15 18-Aug-16 20-Feb-18 3,000,000.00 3.00

Rabo Bank (Curve) (Aug

2018) 21-Aug-15 21-Aug-16 21-Aug-18 2,000,000.00 4.10

* Westpac (Aug

2020) 25-Aug-15 24-Aug-16 25-Aug-20 2,000,000.00 3.00

Rabo (Curve) (Aug 2018) 26-Aug-15 26-Aug-16 28-Aug-18 3,000,000.00 3.00

* Bendigo Bank (Sept 2019) 01-Sep-15 03-Sep-16 03-Sep-19 1,000,000.00 4.15

Rabo Bank (Curve) (Sept

2019) 01-Sep-15 01-Sep-16 03-Sep-19 1,000,000.00 4.05

*

QLD PCU (RIMSEC)

(Sept 2018) 03-Sep-15 05-Sep-16 04-Sep-18 1,000,000.00 3.05

NAB (Sept 2016) 04-Sep-15 04-Sep-16 06-Sep-16 4,000,000.00 4.25

* Bendigo Bank (March 2017) 08-Sep-15 14-Mar-17 14-Mar-17 1,000,000.00 2.80

*

Bendigo Bank (Curve) (April

2017) 13-Oct-15 13-Oct-16 18-Apr-17 2,000,000.00 3.00

Defence Bank (Curve) (Oct

2017) 27-Oct-15 26-Oct-16 24-Oct-17 1,000,000.00 3.00

RaboDirect (Curve) (Nov 2016) annual

interest 11-Nov-15 22-Nov-16 22-Nov-16 1,000,000.00 6.30

Rabo (Curve) (Jul 2018) 26-Nov-15 26-Nov-16 03-Jul-18 3,000,000.00 3.10

*

Auswide Bank Bank (Dec

2016) 08-Dec-15 13-Dec-16 13-Dec-16 3,000,000.00 3.76

* Bendigo Bank

(Dec 2017) 15-Dec-15 18-Dec-17 18-Dec-17 2,000,000.00 3.15

* BOQ (Jul

2016) 12-Jan-16 12-Jul-16 12-Jul-16 2,000,000.00 3.10

Big Sky BS (Curve) (Feb

2017) 19-Jan-16 17-Jan-17 17-Jan-17 2,000,000.00 3.10

* BOQ (Jul

2016) 19-Jan-16 19-Jul-16 19-Jul-16 2,000,000.00 3.10

* CUA (Aug

2016) 03-Feb-16 09-Aug-16 09-Aug-16 2,000,000.00 3.05

* BOQ (Aug

2016) 08-Feb-16 09-Aug-16 09-Aug-16 5,000,000.00 3.10



*

Bendigo (Curve) (Feb

2017) 09-Feb-16 11-Aug-16 14-Feb-17 2,000,000.00 2.95

RaboDirect (Curve) (Feb 2017) annual

interest 10-Feb-16 14-Feb-17 14-Feb-17 1,000,000.00 3.40

* Bendigo Bank

(Feb 2018) 16-Feb-16 16-Feb-17 13-Feb-18 3,000,000.00 3.10

NAB (Oct 2016) 16-Feb-16 18-Oct-16 18-Oct-16 4,000,000.00 3.00

* CUA (Curve) (Feb 2017) 17-Feb-16 14-Feb-17 14-Feb-17 2,000,000.00 3.05

BCU (Curve) (Feb 2017) 21-Feb-16 21-Feb-17 21-Feb-17 1,000,000.00 3.20

* BOQ (Aug

2016) 23-Feb-16 23-Aug-16 23-Aug-16 4,000,000.00 3.10

* Suncorp (Oct

2016) 23-Feb-16 25-Oct-16 25-Oct-16 2,000,000.00 3.00

* Suncorp (Oct

2016) 23-Feb-16 25-Oct-16 25-Oct-16 2,000,000.00 3.00

ING (Curve) (Feb 2017) 25-Feb-16 21-Feb-17 21-Feb-17 1,000,000.00 3.10

*

Auswide Bank (RIMSEC) (Aug 2016) 26-Feb-16 23-Aug-16 23-Aug-16 2,000,000.00 3.15

* BOQ

(Aug2016) 01-Mar-16 30-Aug-16 30-Aug-16 1,000,000.00 3.10

Maitland MBS (RIMSEC) (Aug 2016) 01-Mar-16 23-Aug-16 23-Aug-16 2,000,000.00 3.05

* MEB (Curve) (Mar 2018) 01-Mar-16 06-Mar-18 06-Mar-18 2,000,000.00 3.13

Rural Bank (Curve) (Aug

2016) 01-Mar-16 23-Aug-16 23-Aug-16 3,000,000.00 3.00

NAB (Mar 2016) 08-Mar-16 04-Oct-16 04-Oct-16 4,000,000.00 3.10

Rural Bank (Curve) (Mar

2017) 08-Mar-16 07-Mar-17 07-Mar-17 1,000,000.00 3.05

* Bankwest (Jul

2016) 15-Mar-16 19-Jul-16 19-Jul-16 1,000,000.00 3.09

* Heritage (Mar

2017) 16-Mar-16 14-Mar-17 14-Mar-17 4,000,000.00 3.25

NAB (Sept 2016) 22-Mar-16 13-Sep-16 13-Sep-16 1,000,000.00 3.10

* Suncorp

(Sept 2016) 22-Mar-16 20-Sep-16 20-Sep-16 4,000,000.00 3.05

* IMB (Jan

2020) 06-Apr-16 06-Jul-16 06-Jan-20 1,000,000.00 3.27

*

Westpac (Apr 2016)

quarterly interest 07-Apr-16 07-Jul-16 07-Apr-21 1,000,000.00 3.57

* Westpac ( Jan 2021) 11-Apr-16 11-Jul-16 12-Jan-21 6,000,000.00 3.36



NAB (Jan 2020) 18-Apr-16 18-Jul-16 21-Jan-20 2,000,000.00 3.75

* Suncorp (Apr

2016) 19-Apr-16 18-Oct-16 18-Oct-16 4,000,000.00 3.10

* Investec (July

2016) 26-Apr-16 26-Jul-16 26-Jul-16 2,000,000.00 3.37

ING (RIMSEC) (Jan 2019) 29-Apr-16 29-Jul-16 29-Jan-19 2,000,000.00 3.14

NAB (Feb 2020) 03-May-16 03-Aug-16 03-Feb-20 1,000,000.00 3.70

* IMB (Nov

2017) 05-May-16 05-Aug-16 06-Nov-17 1,000,000.00 2.89

AMP (RIMSEC) (May 2016) 10-May-16 09-May-17 09-May-17 3,000,000.00 3.00

ING (RIMSEC) (Feb 2020) 11-May-16 11-Aug-16 11-Feb-20 1,000,000.00 2.97

NAB (Feb 2020) annual

interest 12-May-16 12-Aug-16 12-Feb-20 2,000,000.00 3.15

CBA (Feb 2020) 13-May-16 15-Aug-16 13-Feb-20 1,000,000.00 2.89

* Bankwest

(May 2016) 17-May-16 20-Sep-16 20-Sep-16 2,000,000.00 2.75

*

Bendigo Bank (Curve) (May

2018) 17-May-16 22-May-18 22-May-18 2,000,000.00 3.05

*

QLD PCU (Curve) May

2018) 17-May-16 22-May-18 22-May-18 2,000,000.00 3.15

* St George (Dec 2016) 17-May-16 19-Dec-16 19-Dec-16 3,000,000.00 3.10

* Westpac (Feb

2021) 18-May-16 18-Aug-16 18-Feb-21 2,000,000.00 3.00

CBA (May 2020) 19-May-16 19-Aug-16 19-May-20 2,000,000.00 2.72

CBA (May 2020) 19-May-16 19-Aug-16 19-May-20 1,000,000.00 2.87

Rabo Bank (Curve) (May

2020) 20-May-16 19-May-20 19-May-20 2,000,000.00 3.20

NAB (May 2016) 24-May-16 22-Nov-16 22-Nov-16 2,000,000.00 3.00

Defence Bank (Curve) (May

2018) 25-May-16 28-May-18 28-May-18 1,000,000.00 3.05

Defence Bank (Curve) (June

2018) 31-May-16 05-Jun-18 05-Jun-18 1,000,000.00 3.05

* Suncorp (May

2015) 31-May-16 31-Jan-17 31-Jan-17 3,000,000.00 3.00

*

Bendigo Bank (Curve) (June

2019) 01-Jun-16 01-Jun-17 04-Jun-19 2,000,000.00 3.15



Gateway CU (RIMSEC)

(June 2016) 07-Jun-16 08-Nov-16 08-Nov-16 2,000,000.00 3.00

* IMB (Mar

2020) 17-Jun-16 19-Sep-16 17-Mar-20 2,000,000.00 3.05

*

BOQ (Sept 2016)

quarterly interest 20-Jun-16 20-Sep-16 20-Sep-16 2,000,000.00 3.30

* NAB (Dec

2019) 20-Jun-16 19-Sep-16 17-Dec-19 2,000,000.00 3.05

NAB (Oct 2016) 21-Jun-16 21-Jul-16 18-Oct-16 2,000,000.00 2.78

Rural (Curve) (Feb 2017) 28-Jun-16 14-Feb-17 14-Feb-17 2,000,000.00 3.00

Total 171,000,000.00 3.27

LEGEND Counterparties

AMP = AMP Bank Macquarie = Macquarie Bank WBC = Westpac Bank

ANZ = ANZ Bank NAB = National Australia Bank

Auswide = Auswide Bank ME = Members Equity Bank

BOQ = Bank of Queensland NPBS = Newcastle Permanent Building Society

CBA = Commonwealth Bank P&N = P&N Bank

Heritage = Heritage Bank RaboDirect = Rabo Bank

ING = ING Bank Rural = Rural Bank

Investec = Investec Bank Suncorp = Suncorp Metway Bank

6. Ethical Investments * Ethical Financial Institutions highlighted $147,546,019 which represents 59.05% of the total portfolio Source: Australian Ethical - www.australianethical.com.au

7. Performance by Category

Category Face Value Market Value Weighted

Average Return

Above or (Below) 90 day BBSW

Benchmark Overnight Money Market 4,700,000.00 4,700,000.00 1.98% -0.01% Bonds & FRNs 74,000,000.00 74,174,286.00 3.51% 1.52% Term Deposits 171,000,000.00 171,000,000.00 3.27% 1.28%

Benchmark 90 Day UBS Bank

Bill Index 1.99% 249,700,000.00 249,874,286.00 1.99% 0.93%


8. Total Portfolio Income v Budget

9. Investment Policy Diversification and Credit Risk

Total Portfolio Credit Limits Compared to Policy Limits Long-Term

Credit Ratings

Investment Policy Limit

Actual Portfolio Short-Term Credit

Ratings

Investment Policy Limit

Actual Portfolio

AAA Category 100% 1.61% A-1+ 100% 11.89% AA Category 100% 17.82% A-1 100% 14.41% A Category 60% 14.44% A-2 60% 27.61% BBB Category 20% 8.22% A-3 0% 0.00% Unrated 10% 1.20% Unrated 10% 2.80%


10. Term to Maturity

Maturity Profile Actual % Portfolio

Policy Limits

Less than 365 days 45.36% Minimum 40% More than 365 days and less than 3 years 26.74% Maximum 60% 3 years and less than 5 years 27.90% Maximum 35% Total 100.00%


11. Investment Alternatives Explained

Investment Product

Maturity Range

Usual term to maturity

Major Benefits Major risks

At Call Cash At Call Immediate to a few months

Highly liquid - same day access to funds with no impact on capital

Not a capital growth asset

Highly secure as a bank deposit

Underperforms other asset classes in the long term

Bank Bill 1 - 180 days Less than 1 year Highly liquid - same day access to funds, usually with no or minimal impact on capital

Not a growth asset

Highly secure (bank risk) Underperforms other asset classes in the long term

May incur a small loss for early redemption

Term Deposit Up to 5 years Less than 2 years

Liquid - same day access to funds

Will incur a small capital loss for early termination

Highly secure as a bank deposit

Underperforms growth assets in the longer term

Floating Rate Note Bond

1 - 5 years Greater than 2 years

Increased yield over bank bills

Not a growth asset

Can accrue capital gain if sold ahead of maturity and market interest rates have fallen

Can incur capital losses is sold ahead of maturity and market interest rates have risen

Coupon interest rate resets quarterly based on 90 day bank bill swap rate

Credit exposure to company issuing the paper

Relatively liquid May not be bank guaranteed

Less administration than bank bills

Underperforms other asset classes in the long term

Fixed Rate/Bond 1 - 5 years Greater than 3 years

Can accrue capital gain if sold before maturity and market interest rates have fallen

Can incur capital losses if sold before maturity and market interest rates have risen

Fixed return - semi annual coupons

Credit exposure to company issuing paper

Generally liquid Can be government or corporate issuer


12. Monthly Comparison of Total Funds Invested

13. Section 94 Developer Contributions - Monthly Balances & Receipts

Contribution Plan Plan Description

End of Month Balance

Contributions Received for

Month 1 DCP3 Open Space 4,300,222

2 Western Drainage 611,779

3 DCP3 Community Facilities 1,656

4 TRCP Road Contributions 13,405,859 25,578

5 Open Space 409,624 1,036

6 Street Trees 188,159

7 West Kingscliff 524,811

10 Cobaki Lakes -1,370

11 Libraries 2,056,329 4,915

12 Bus Shelters 100,020 124

13 Cemeteries 86,731 717

14 Mebbin Springs 91,560

15 Community Facilities 1,310,710 6,738

16 Surf Lifesaving 397,395

18 Council Administration/Technical Support 1,515,305 10,907

19 Kings Beach 730,982 3,564

20 Seabreeze Estate 764

21 Terranora Village 32,964

22 Cycleways Shirewide 335,554 2,352


Contribution Plan Plan Description

End of Month Balance

Contributions Received for

Month 23 Carparking Shirewide 1,252,339

25 SALT 1,103,067

26 Open Space Shire wide 1,243,911 9,372

27 Tweed Heads Masterplan 310,282

28 Seaside City 225,860

91 DCP14 109,574

92 Public Reserve Contributions 137,363

95 Bilambil Heights 535,822

Total 31,017,271 65,303 14. Economic Commentary Australian and World Economy and Cash Rate The Reserve Bank of Australia (RBA) met on 5 July and decided to leave the cash rate at 1.75 per cent. The global economy is continuing to grow, at a lower than average pace. Several advanced economies have recorded improved conditions over the past year, but conditions have become more difficult for a number of emerging market economies. China's growth rate has moderated further, though recent actions by Chinese policymakers are supporting the near-term outlook. Commodity prices are above recent lows, but this follows very substantial declines over the past couple of years. Australia's terms of trade remain much lower than they had been in recent years. Financial markets have been volatile recently as investors have re-priced assets after the UK referendum. But most markets have continued to function effectively. Funding costs for high-quality borrowers remain low and, globally, monetary policy remains remarkably accommodative. Any effects of the referendum outcome on global economic activity remain to be seen and, outside the effects on the UK economy itself, may be hard to discern. In Australia, recent data suggest s overall growth is continuing, despite a very large decline in business investment. Other areas of domestic demand, as well as exports, have been expanding at a pace at or above trend. Labour market indicators have been more mixed of late, but are consistent with a modest pace of expansion in employment in the near term. Inflation has been quite low. Given very subdued growth in labour costs and very low cost pressures elsewhere in the world, this is expected to remain the case for some time. Low interest rates have been supporting domestic demand and the lower exchange rate since 2013 is helping the traded sector. Financial institutions are in a position to lend and credit growth has been moderate. These factors are all assisting the economy to make the necessary economic adjustments, though an appreciating exchange rate could complicate this.


Indications are that the effects of supervisory measures have strengthened lending standards in the housing market. Separately, a number of lenders are also taking a more cautious attitude to lending in certain segments. Dwelling prices have risen again in many parts of the country over recent months. But considerable supply of apartments is scheduled to come on stream over the next couple of years, particularly in the eastern capital cities. Council's Investment Portfolio Council's investment portfolio is conservatively structured in accordance with Office of Local Government guidelines with approximately 70.3% of the portfolio held in cash and term deposits. Term deposits and bonds are paying just above average margins over the 90 day bank bill rate. Bank demand for term deposit funds has increased during the second half of the 2015/16 financial year due to limited availability of wholesale funding, increased cost of wholesale funding and new banking capital requirements. This demand for funds is highlighted by the lowering of many "at call" rates to less than the RBA cash rate and increased margins above the 90 day bank bill benchmark for term deposits. Compressed margins for term deposits are not expected to continue further into 2016 as banks requirement for depositors funds begins to increase. The historic low cash rate is still translating to lower total investment yields. This continues to present difficulties obtaining reasonable investment income without risking capital. \ All investment categories, except cash at call, out-performed the UBS 90 day bank bill benchmark this month. The investment portfolio benefited this month from some higher yielding bonds and term deposits purchased before interest rate margins began contracting. Overall, the investment portfolio has returned an average 0.93% pa above the 90 day UBS bank bill index for the last month.

Source: RBA Monetary Policy Decision 15. Investment Summary GENERAL FUND CORPORATE FIXED RATE BONDS 13,527,440.00

FLOATING RATE NOTES 60,646,846.00

ASSET BACKED SECURITIES 0.00

FUND MANAGERS 0.00

TERM DEPOSITS 57,000,000.00

CALL ACCOUNT 4,700,000.00 135,874,286.00

WATER FUND


FUND MANAGERS 0.00 48,000,000.00

SEWERAGE FUND


FUND MANAGERS 0.00 66,000,000.00

TOTAL INVESTMENTS 249,874,286.00

It should be noted that the General Fund investments of $135 million are not available to be used for general purpose expenditure. It is virtually all restricted by legislation and council resolution for such purposes as unexpended loans, developer contributions, unexpended


grants and various specific purpose reserves such as domestic waste, land development and employee leave entitlements. All Water and Sewerage Fund investments can only be expended in accordance with Government regulation and Council resolution. Statutory Statement - Local Government (General) Regulation 2005 Clause 212 I certify that Council's investments have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulations and Council's investment policies.

Responsible Accounting Officer Manager Financial Services Tweed Shire Council OPTIONS: Not Applicable. CONCLUSION: Not Applicable. COUNCIL IMPLICATIONS: a. Policy: Corporate Policy Not Applicable. b. Budget/Long Term Financial Plan: Not Applicable. c. Legal: Local Government (General) Regulations 2005 - Section 212 - Reports on council investments "(1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

(i) if only one ordinary meeting of the council is held in a month, at that

meeting, or (ii) if more than one such meeting is held in a month, at whichever of those

meetings the council by resolution determines, and


(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council's investment policies.

(2) The report must be made up to the last day of the month immediately preceding the

meeting." d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


ORDERS OF THE DAY


1.2.1 Council will be underpinned by good governance and transparency in its decision making processes

45 [NOM[ Draft Kingscliff Locality Plan Height Limits and Green Space NOTICE OF MOTION: Councillor K Milne moves that: 1. Council notes concerns raised in the community in regard to the proposed

increase of height limits in the Draft Kingscliff Locality Plan. 2. In recognition of the benefits acknowledged by the Draft Kingscliff Locality Plan

of the increased green space achieved by raising the height limits in certain areas, Council brings forward a report on all the alternative ways this increased green space could theoretically be achieved (i.e. apart from raising the height limits), including changes to Council's strategies such as the open space strategy.

Councillor's Background Notes Recommended Priority:

Nil. Description of Project:

Nil. Management Comments: In reply to Point 1: A key component of the community engagement for the Kingscliff Locality Plan was the consultation of the concept plans at the Council’s Kingscliff shopfront exhibition over a two week period in March 2016. These concept plans were informed by a professionally


facilitated ‘enquiry by design’ workshop with participants from the community, business, landowners, development industry and Council. Notably, four building height related questions were asked at the shopfront, the results of which indicate that whilst there is community concern over raising building height there was a comparative level of community support for raising height limits in certain areas; this may be summarised as: • Gauging feedback on lowering building height along Marine Parade from 13.6m to

11.0m (80% support, 19% against, 1% undecided) • Gauging feedback on increasing building height from 13.6m to 16.6m along the

western side of Pearl St part of Turnock Street (49.5% support, 47.5% against, 3% undecided)

• Gauging feedback on opportunity for shop top housing (up to 16.6m) within walkable proximity of the town centre (47% support, 47% against, 6% undecided)

• Gauging feedback on a business park with building height of 20m in the Business and Knowledge Precinct adjoining Chinderah Light Industrial estate (44% support, 54% against, 2% undecided)

In addition to the above feedback, several written were also received regarding building height also with a mixed response. Some favouring the stepped building height approach, others were objecting to potential impacts on character and amenity. Moving forward as part of the agreed Kingscliff Locality Planning process, this feedback will have direct input into the next stage of the project. Given building height is a significant issue in the future strategic planning of Kingscliff, a specific workshop which will look at building height options within the town centre and various defined precincts will provide additional clarity in terms of those proposed options in consideration of potential overall public benefit and potential impacts on character and amenity. These options could include: • Retain existing building heights with no change (13.6m) • Pursue reducing building height in the town centre component of Marine Parade only • Pursue reducing building height in the town centre component of Marine Parade (to

11.0m) and increase building height over Kingscliff Shopping Village Site (to 16.6m) and along Turnock Street ( to 16.6m approx. 40m either side)

In reply to Point 2: Within the next phase of the Locality Plan process, officers will be refining the area of application for land use and height of buildings amendment. With a clear definition of the land area, improved analysis of ‘before and after’ provisions can be undertaken. This analysis is already proposed within the Kingscliff Locality Plan project work program, particularly targeting density/population provision, employment and commercial floor space provision and net community benefit opportunities (of which open ‘green’ space is one). Whilst this body of work can be brought forward, undertaking the analysis based on the ‘concepts’ discussed with the community to-date will introduce a significantly higher number of variables to each development scenario, resulting in a less conclusive and effective analysis. Notwithstanding these potential variables, devising a range of potential low, medium and higher density outcomes over identified development potential lands will be useful in appraising and calibrating outcomes for each of the defined precincts. This will include proportion and land area breakdowns of required active and passive open space provision.


Specific to the means of obtaining greater green space, Council is currently drafting a Shirewide Open Space Strategy, a component of which addresses the validity of Council’s current open space contribution. Any amendments identified within the Open Space Strategy would necessitate amendment to Section A5 Subdivision Manual of the Tweed DCP 2008 as well as Section 94 Contribution Plans No. 5 (Local Open Space) and 26 (Shirewide/Regional Open Space). Depending on the specific definition of ‘Green Space’ adopted, amendment may also need to be made within a Natural Resource Management context, or within Sections A1 – Residential and Tourist Development Code or A17 Business, Enterprise Corridor and General Industrial Zones. The officers are of the view that any changes to Council’s existing policy requirements would need to be justified with a sufficient evidence base demonstrating the nexus between the development scenario or proposal and the increase in net public benefit. This should occur either through the Shirewide strategy, as this would provide the framework to address equitable distribution of open space and its provision through future development, or through a locality or site specific body of work such as the current Draft Kingscliff Locality Plan. Delivery Program: Validms



development proponents, the natural environment and those in the community affected by the proposed development

Budget/Long Term Financial Plan:

Preparing a Locality Plan is a resource intensive and complex exercise and is guided by the project design plan developed at the inception of the project. Their development, albeit susceptible to some change, is not planned on the run owing to the resource, financial and intellectual commitments they require, and varying the sequence of the project body of work can have a material impact on the cost and delivery timeframes of the project. Council officers are of the view that undertaking scenario based open space analysis related to the unsettled matter of building height out of sequence would significantly impact on project delivery, and is not recommended.

Legal Implications:

Nil.


Policy Implications: The extent of the policy implication that would arise from a change is indeterminable at this stage and is linked to the approach likely to be taken, and the magnitude of change.


46 [NOM] Street Trees under Power Lines NOTICE OF MOTION: Councillor G Bagnall moves that: 1. Council writes to Essential Energy inviting them to jointly undertake an audit

with Council's Arboriculture team of street trees in urban areas that are impacting on Essential Energy powerlines.

2. Following the audit a report be prepared and brought back to Council that

identifies:

a) areas that have the potential for tree removal and replacement with suitable species; or

b) where changing of open span electrical conductors to aerial bundle

conductors, in consultation with Essential Energy, may be an option for the preservation of trees as this would minimise the need for pruning;

c) a priority list of streets or key trees to be addressed; and d) time and resource allocation to undertake a) and/or b) and c) above.

Councillor's Background Notes Recommended Priority:


Nil. Management Comments: An audit of all the street trees in the Shire is a large undertaking. Due to the scope of the proposal and the resources required, it will not be feasible to undertake an audit of the whole Shire in one episode without compromising Council’s tree management program and services. Were the audit supported by Council and Essential Energy, it would be undertaken over a minimum of 12 month period. The estimated cost to undertake a Shirewide street tree audit and report is $30,000. Council may wish to consider requesting Essential Energy to contribute to these costs. It should also be noted that where trees are removed under power lines, the requirements for new plantings under powerlines would limit their replacement to shrubs, thereby losing street trees permanently in these instances and creating other issues with vehicular sight distances and pedestrian access.


Delivery Program: Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 4 Caring for the Environment 4.1 Protect the environment and natural beauty of the Tweed 4.1.2 Protect, regulate and maintain natural assets (the coastline, coastal and inland waterways, biodiversity, bushland and scenic

landscapes) for current and future generations Valid


Cost to undertake audit and reporting approx. $30,000. Currently unfunded. Legal Implications:

Requirements for maintaining powerline clearances. Policy Implications:

Tweed Shire Council Tree Management Guidelines for Council Managed Land.


47 [NOM] Sand Street, Chinderah NOTICE OF MOTION: Councillor G Bagnall moves that Council Officers bring forward a report in relation to the history, legal status/ownership and responsibility for the existing open drain which extends from within Sand Street, Chinderah through the north eastern corner of Lot 2 DP1127741 and then northerly to approximately Ocean Drive. The report should address when the drain was constructed, by whom it was constructed and what approvals, if any, were obtained from affected landowners and any statutory approvals that may have been required and whether or not the Council currently maintains the drain or has in the past maintained the drain. Councillor's Background Notes Recommended Priority:


Nil. Management Comments: Delivery Program:


flooding

Council has complied with a previous Government Information (Public Access) Act (GIPA) request to provide information to the owners of Lot 2 DP1127741 regarding the constructed drains. Given the drains appear to have been constructed in the 1970's no relevant information was available from the Council officers' searches to answer the questions of who constructed the drains, when they were constructed, and what approvals were required or obtained. Budget/Long Term Financial Plan:

Not applicable


Legal Implications: Further legal advice may need to be sought on the matter should the location of the open drain on private land have potential implications on the organisation. This can be addressed in the future report.

Policy Implications:

Not applicable.


48 [NOM] Land and Property Service (LPI) NOTICE OF MOTION: Councillor C Byrne moves that Council writes to the Minister for Finance, Services & Property, the Hon. Dominic Perrottet, MP requesting the Land and Property Service (LPI) has a physical presence in the Tweed Shire. Councillor's Background Notes Recommended Priority:

Tweed Heads is being promoted as a future regional city with growth, land releases and increasing populations, this department is going to be in higher demand. The Land and Property Service (LPI) requires documents to be delivered over the counter in many conveyancing and property transactions, and while there is a move to a paperless conveyancing system, this will not remove the need to deliver documents directly to this government department for many years. This continues to give an inequity to our rural and regional property owners as they incur additional fees and charges to use Sydney Agents. These transactions are also becoming more problematic with the recent changes to postal services, the cost of postage and the delays in delivery of postal items.

Description of Project:

Nil. Management Comments: Delivery Program: Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 1 Civic Leadership 1.4 Strengthen coordination among Commonwealth and State Governments, their agencies and other service providers and Statutory

Authorities to avoid duplication, synchronise service delivery and seek economies of scale 1.4.1 Council will perform its functions as required by law and form effective partnerships with State and Commonwealth governments and

their agencies to advance the welfare of the Tweed community


Tweed Heads is the largest regional centre in the Northern Rivers Region and has the potential to increase its position as a regional service centre to Northern New South Wales.


The NSW Government response to the NSW Decentralisation Taskforce Report prepared in August 2013 highlights support for “identifying more public sector job opportunities for relocation to regional areas”. The NSW Government has committed a target of 1500 public sector jobs for relocation from metropolitan Sydney to regional NSW. This Motion would assist meet the NSW Government target and would be good for the local economy

Legal Implications: The evolution to electronic conveyancing is currently restricted to those transactions where there is a bank involved as either an outgoing or incoming mortgagee. It may take some time for the new conveyancing protocols to shift to transactions without the involvement of a bank. The postal delivery of legal documents to Sydney agents to lodge at the LPI is impacted by the changes to postal services, in the context of timeliness, however, it is to be noted that this does not escalate the costs for rural or regional conveyancing transactions which are accepted as the costs for purchasing property.

Policy Implications:

This Notice of Motion accords with Council's adopted Economic Development Strategy, Direction D4 Attraction of Government Offices being: D4. CONTINUE DIALOGUE WITH THE NSW GOVERNMENT REGARDING OPPORTUNITIES FOR DECENTRALISATION OF GOVERNMENT OFFICES INTO TWEED SHIRE.


REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

49 [SUB-TSYC] Minutes of the Tweed Shire Youth Council Meeting held Wednesday 25 May 2016


Valid



SUMMARY OF REPORT:

The Minutes of the Tweed Shire Youth Council Meeting held Wednesday 25 May 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That the Minutes of the Tweed Shire Youth Council Meeting held Wednesday 25 May 2016 be received and noted.


REPORT:

The Minutes of the Tweed Shire Youth Council Meeting held Wednesday 25 May 2016 are reproduced as follows for the information of Councillors. Venue:

Murwillumbah Cultural and Civic Centre, Council Chambers Time:

4.00pm Present:

Tracey Stinson, Sylvia Roylance, Lisa Smith, Samantha Hiller, Anika Brown, Kingscliff High School, Meg Whiticker, Lindisfarne Anglican Grammar, Elizabeth Kirk (Chairperson) Murwillumbah High School, Lavendi Lawrence, Sheridan O'Malley, Pacific Coast Christian School, Marlon Appo, Banora Point High School

Guests: Troy Green, Shane Davidson, Cr Byrne, Cr Longland, Iain Lonsdale, Kate Gahan

Apologies: Mayor of Tweed Shire Cr Katie Milne, Grace Hinchliffe, Jade Scott, Kiara Blinco St Joseph’s College, Eden Tokatly Lindisfarne Anglican Grammar, Cr Polglase

Minutes of Previous Meeting: RESOLVED that the Minutes of the Tweed Shire Youth Council Committee meeting held 24 February 2016 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising:

Elizabeth Kirk of Murwillumbah High School has been elected Chairperson of the Tweed Shire Youth Council. Sylvia Roylance advised information regarding Clarrie Hall Dam Project will be uploaded to the Youth Council Blog when available.

Agenda Items: AI1 Aboriginal Statement The Chairperson acknowledged the Bundjalung Aboriginal Nation with the following statement:

"We wish to recognise the generations of the local Aboriginal people of the Bundjalung Nation who have lived in and derived their physical and spiritual needs from the forests, rivers, lakes and streams of this beautiful valley over many thousands of years as the traditional owners and custodians of these lands."

AI2 Scenic Landscape Strategy - Iain Lonsdale, Unit Co-Ordinator - Strategic Planning &

Urban Design Iain thanked the members of the Youth Council for inviting him to come along noting it is a great opportunity to talk to young people to raise awareness of the Strategy. Council is embarking on working on the scenic landscape of the Tweed and is seeking community input to identify how residents of the Tweed value this, what areas should be protected. Members are encouraged to visit the "What's My Scene" page on Council's website to


provide input. We need to evaluate change, change in vegetation, change coming about from development etc. Obtaining feedback is critical and Council is hoping to capture over 1000 responses. In response to a question from Meg Whiticker regarding the objectives of the strategy, Iain confirmed there are various levels of action that can occur: protect, conserve, maintain and preserve. To highlight what might jeopardise these outcomes the following examples were provided: large scale development, logging, things that change naturally i.e., trees that grow where they had once been removed. Tracey Stinson highlighted to the members the challenges that Council faces in trying to encompass everyone's views. Cr Longland noted the importance of considering everyone's views when establishing policy and emphasised the need for young people to have a voice and submit their ideas. AI3. Cultural Plan - Kate Gahan, Community Development Officer - Cultural Planning Kate has attended the Youth Council today to introduce the plan noting it is a key project being worked on within Council at the moment. There will be an online community survey launched in July and Kate wanted to take the opportunity to discuss the importance of developing a Cultural Plan and to see how members of the Youth Council might be able to assist in raising awareness of the plan and the survey. The plan is there to guide council support of culture and cultural activity. These activities can include arts, theatre and performance, heritage, environment etc and also the things that underpin our cultural life e.g. social connections that we have; our families, our peers and other groups we might attach ourselves to. Kate advised the members the reason Council is developing this Plan is because, in some way or another, Council is supporting these activities. For example: Council runs the Art Gallery, Libraries, community buildings, there is Public Art managed by Council, we influence street furniture, cycle ways, playgrounds and the policies that support our environment. The Cultural Plan will identify and support the cultural strategies and needs of the community. It will also guide council support so that it is relevant to our community. Council is one piece of the puzzle, with the community an important part of running these cultural activities. Council will be doing a survey and a number of focus groups; following this process a plan will be developed and exhibited for public comment. Focus groups for young people to attend will be held 21 and 23 June and more information regarding these will be made available soon. Kate opened it up for discussion on how best to promote the survey to young people across the Shire. The following ideas were put forward: * Request a five minute timeslot with each school to make a presentation during assembly,

requesting school students to be involved and to make the presentation. * Circulate hard copy surveys via the Youth Council members. * Circulate electronic copy via the Youth Council members. * Post card distribution to schools which will include details of the link to follow to complete

the survey. Cr Byrne noted it is vitally important to gain the ideas of young people as this Plan will lead to events receiving funding and gaining council support. Sylvia also noted how important it is for young people to put forward ideas of the types of cultural activities they want to be held across the Shire.


Council Business: 1. Agricultural Survey The survey had been circulated to Youth Council members for their review prior to the meeting. Discussion took place noting the following: * Not all schools across the Shire offer Agriculture as a subject. * Banora Point High School has a global garden. * Kingscliff High School sell produce from their Ag plot. * Murwillumbah High School has a very active agriculture department, cows are shown at

local events, and eggs are sold within the school. * It is very difficult to find aboriginal produce in this area and we should be more active in

this aspect. * Students from other schools could be given the opportunity to do a day visit to a school

that does offer Agriculture so they can raise awareness and encourage participation. * Elizabeth has had the opportunity to work with a local dairy; attend the cattle sale yards

and speak with farmers involved. Also going to Kyogle to look at a robotic dairy and visiting the ice cream factory to learn more about the industry.

* Farmers could be approached to get involved in a 'spend a day on the farm' type activity to enhance young people's understanding of what farming is all about, to encourage young people to enter into the industry, and also to 'give back' a little if a student can have the opportunity to help out.

* Feedback is sought from young people on the courses to be studied to encourage them to get involved in this industry. How could this industry be made attractive to young people?

* A lot of local produce is being branded or marketed as Byron Bay products because it is considered 'more famous'.

* Shopping centres could show their support by having dedicated areas within their stores for selling of local produce. The Murwillumbah IGA currently has this, the Uki village is very active in selling local produce and the Shire could benefit from a lot more of this.

* There is an on-line trend to buy fresh food and Tweed Shire could benefit from following this lead. One member has forwarded this idea as a submission.

Any members who would like to contribute toward a submission on behalf of the Youth Council should email Sylvia for inclusion in a combined response. 2. Operational Plan Sylvia noted the Operational Plan was recently on exhibition with comments closing the day prior to the meeting. 3. Tweed Heads Offices and Library Sylvia noted the library at Tweed Heads will soon be extended. Cr Byrne encouraged the Youth Council to hold a meeting at the new Tweed Heads Administration Centre and also noted the Council Chambers could also be used as a performance space. 4. Communication Cr Longland reminded Youth Council members that Councillor contact details are provided via Council website. Your voice is important so please make contact with your Councillors if there is a specific topic you would like to discuss.


Scott Green encouraged Youth Council members to review the Agenda for the next Council meeting to identify topics that are of interest to young people and reminded members to visit the Youth Council webpage. Youth Council Business: Student Brief - St Joseph’s – Creative Arts Program and Organised Sports Would like to work in partnership in creating an arts program. Also looking at getting more students involved in organised sport. Have had initial discussions with Tweed Heads PCYC. Discussed reading groups and book clubs at outdoor venues. Will work with the SRC students to seek additional support. The school also has a Ministry Trainee who would like to get involved. Student Brief - Pacific Coast Christian School - Communication The implementation of a Student Representative Council has occurred with the assistance of Miss Hume from Murwillumbah High School. The group has had one meeting so far and further meetings will focus on female sports available at the school. There are a lot of sports specific to males, and a focus on female sport involvement is something the group would like to work on. Another idea to increase student communication / connection is by running a movie night for the female students. Ideas under consideration are: bringing a plate to share; possibly having the evening catered; seek feedback from those attending to find common interests and build other clubs the students will be interested in. Student Brief - Lindisfarne - Night Marketta Wanting to invest in a night marketta as these are very popular on the Gold Coast and there are currently no markettas in the Tweed Heads area. Held discussions with one of the owners of the Miami Marketta on the Gold Coast to gain an understanding of what is required, such as: insurance; cost to charge stall holders; temporary food licences; Council approval. They are also looking at involving musicians and understand that with this, will come additional requirements for stage infrastructure; electricians; and security. A lot will depend on the venue. Will be seeking support from nearby schools to promote the marketta and gain support and will also collaborate with other schools for involvement such as with drama performances. Sylvia noted this project will provide great exposure to the event management industry. It is very important that, whilst this project will need support from many adults, the ideas and organisation comes from the young people involved. Looking at a trial within the Lindisfarne school grounds. One idea for the location for the marketta is Jack Evans Boat Harbour, where the circus often sets up. Discussion / Suggestions Cr Byrne noted the recent success of the food festival held at Jack Evans Boat Harbour, which attracted over 1000 people. There is a big investment needed to get the vans here, but we can certainly attract the people to attend. Elizabeth suggested approaching local businesses to get involved as the Foody Fest held at Murwillumbah has had great success in this aspect. Student Brief - Kingscliff - Youth Mental Health The plan is in the development stage with a survey underway at the school asking students if they know where to get help when needed. Awaiting responses from Years 7, 11 and 12.


The indication so far is that 81% of students who have responded agree that it is important for young people to learn how to be resilient. The school currently has a Student Wellbeing Team and a Staff Wellbeing Team. The staff team are analysing the data from the student survey and will discuss the findings once the survey is complete. Further discussion will take place to determine if the project will be carried out in collaboration with Services or if it will be in-house. One hurdle is with trying to get people to understand what they are trying to achieve by running this project. Also looking at ways to get young people involved in the project without feeling they are being judged or monitored. Meg suggested that Kingscliff could hold a stall at the Marketta to reach out and connect with young people looking for some help in this area. Student Brief - Murwillumbah - Youth Homelessness Planning a school sleep out working with a local service to raise awareness of the issue. Would like to engage local services to do a soup kitchen, for example. WHS and risk assessment requirements are under review. Will also look at getting involved in the Fred's Place Sleep Out happening in July. This will provide insight into the set-up of a sleep out, and will also provide first-hand knowledge of what it's like to experience a sleep out. Cr Byrne noted that sponsorship is a big thing with sleep outs to raise funds. Student Brief - Banora Point - Youth Homelessness Banora Point is working on a particular art project to raise awareness of youth homelessness. Hoody jackets will be treated with a special paint to make the jackets stand firm. Signage to raise awareness, for example, of the number of youth homeless in the area each night, will be placed on the hoodie. The items will be displayed around the school grounds and possibly in other public areas with the aim of raising awareness to a broader range of people. Under consideration is the idea of auctioning the items to raise funds to be provided to a local homeless service. In addition to this, a resource to provide contact details for local services that supports those in need is being considered. This resource might be a card that can easily be carried in a person’s wallet. Next Meeting: The next meeting of the Tweed Shire Youth Council Committee will be held Wednesday 24 August 2016. The meeting closed at 5.30pm. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: Nil. EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Nil.


COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. Youth Policy Tweed Youth Strategy and Action Plan 2013-2017 Terms of Reference - adopted 22 October 2015 (ECM 3808358). b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


50 [SUB-ADC] Minutes of the Tweed Shire Australia Day Committee Meeting held Wednesday 25 May 2016

SUBMITTED BY: Acting Events and Festivals Officer

Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 3 Strengthening the Economy 3.1 Expand employment, tourism and education opportunities 3.1.2 Attract major events to the Tweed

SUMMARY OF REPORT:

The Minutes of the Tweed Shire Australia Day Committee Meeting held Wednesday 25 May 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That the Minutes of the Tweed Shire Australia Day Committee Meeting held Wednesday 25 May 2016 be received and noted.


REPORT:

The Minutes of the Tweed Shire Australia Day Committee Meeting held Wednesday 25 May 2016 are reproduced as follows for the information of Councillors. Venue:

Mt Warning Meeting Room Time:

10.00am Present:

Committee: Alan Downes (Chair), Sue Breckenridge, Brian Breckenridge, Graham Jackson, Dot Holdom, Lloyd Warren, Wendy Warren

Ex-Officio: Kerrie McConnell

Apologies: Committee: Cr Katie Milne, Phil Kelly, John Murray, Brian Goodall

Minutes of Previous Meeting: Moved: Brian Breckenridge Seconded: Lloyd Warren

RESOLVED that the Minutes of the Tweed Shire Australia Day Committee meeting held Wednesday 16 March 2016 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising: Item from Meeting held 3 February 2016: 6. Kingscliff – Main Event

Dot Holdom advised that she receives and notes Liz Collyer’s response to her letter and understands there will be new protocols put in place around the conduct of the Citizenship Ceremony. Alan Downes stated he was surprised, as Chair of the Committee, he didn’t receive a formal response to the letter he forwarded to the Councillors.

—————————————

Item from Meeting held 16 March 2016: 3. Australia Day Committee Task Timeline

A Draft Tweed Shire Australia Day Committee 2016/2017 Task Timeline was tabled for the information of the Committee. The Committee requested the timeline include a meeting on the first Wednesday in August to coincide with Local Government Week.


Action: That Kerrie McConnell updates the Tweed Shire Australia Day Committee 2016/2017 Task Timeline and distributes to the Committee.

—————————————

Wendy Warren arrived at 10.06am. Agenda Items: 1. Nomination Categories for 2016 Tweed Shire Australia Day Awards

A discussion was held on whether to include any additional nomination categories for the 2016 Tweed Shire Australia Day Awards. Two additional categories were suggested: • Business Person Award • Aboriginal Award It was determined that a Business Person Award would more appropriately fit with local Business Chamber award ceremonies. With regard to an Aboriginal Award, it was suggested that Alan Downes make contact with the Aboriginal Advisory Committee and local Aboriginal Land Council to encourage nominations, from their networks, in an existing Award category. The Committee agreed to retain the current nomination categories. To assist nominators select a category for their nominee, a brief description on each Award was developed: Citizen of the Year This is an individual who has made an outstanding contribution to the Tweed Shire community. Arts & Culture Award This is an individual or group who has made a significant contribution to cultural development within the Tweed Shire community. Volunteer of the Year This is an individual who has made a significant contribution to volunteer work within the community. Sporting Achievement This award is for an outstanding playing sportsperson, or team, or an ancillary volunteer who has dedicated a lot of time and effort into sports. Community Event of the Year An event that promotes and increases the profile of its local area and/or delivers wider benefits across the Tweed Shire community.


Young Achiever in Community Service A young person 25 years of age and under, who has made a significant contribution to the community. Eligibility Criteria for nominations was also developed: 1. The nominee/s must be an Australian Citizen and must live in the Tweed Shire

Local Government area. 2. The nominee/s will have made a significant community contribution in their field in

the last 12 months. 3. The nominee/s should be a role model that people can aspire to. 4. The nominee/s will only be eligible to receive one Australia Day Award. 5. Successful nominee/s should be willing to engage in Council promotional

activities. 6. The nominee/s and the nominator must be separate individuals (ie, you cannot

nominate yourself). 7. Unsuccessful nominee/s may be re-nominated in subsequent years. 8. Previous category winners may be re-nominated in subsequent years. 9. Ages of nominees are as at 26 January 2017. 10. Nominations must be received by 4.30pm, Thursday 1 December 2016. 11. No late nominations will be accepted. 12. The decision of the Tweed Shire Council Australia Day Committee is final. 13. The Committee reserves the right to move nominations to a category it deems to

be more appropriate. The next step is to develop an online nomination form using the above category descriptions and eligibility criteria.

————————————— 2. Committee Membership Term – September 2016

Alan Downes advised that two resignations have been received. John Murray has advised he can longer continue as a member of the Committee due to work commitments. Brian Goodall has advised he can longer continue as a member of the Committee due to his relocation to Manilla (New South Wales).

Moved: Graham Jackson Seconded: Sue Breckenridge

RESOLVED that the Committee accepts the resignations of John Murray and Brian Goodall.

Unanimous The current membership of the Committee is until September 2016. A discussion was held on how disruptive it would be to call for new Committee members whilst in the midst of planning for the 2017 Australia Day celebrations.


RECOMMENDATION: That the current Tweed Shire Australia Day Committee membership be extended until February 2017, and expressions of interest be called for the two Committee vacancies.

—————————————

General Business: 3. Council Elections

Dot Holdom declared that she will be running for Council this year. Dot advised that she does not know how this will affect her position on the Committee at this stage.

—————————————

Next Meeting: The next meeting of the Tweed Shire Australia Day Committee will be held Wednesday 3 August 2016. The meeting closed at 11.20am. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: 2. Committee Membership Term – September 2016 A report be prepared for the July Council meeting calling for Expression Of Interest (EOI) for Committee Memberships with appointment to be made at the October Council Meeting. EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Nil. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. Terms of Reference – Australia Day Committee adopted 17 July 2012. b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed.



Nil.


51 [SUB-TRC] Minutes of the Tweed River Committee Meeting held Wednesday 8 June 2016


Valid

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 4 Caring for the Environment 4.3 Maintain and enhance Tweed's waterways and its catchments 4.3.1 Manage water resources sustainably and minimise impact on the environment by achieving more integration of water supply,

wastewater and stormwater services

SUMMARY OF REPORT:

The Minutes of the Tweed River Committee Meeting held Wednesday 8 June 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That: 1. The Minutes of the Tweed River Committee Meeting held Wednesday 8 June

2016 be received and noted; and 2. The Executive Management Team's recommendations be adopted as follows:

BA3. Airport Contamination That: 1. Council notes that the Tweed River Committee has continued concerns

regarding the potential for impacts of Perfluorinated Compounds contamination on local waterways.

2. The NSW Environment Protection Authority (EPA) be invited to address the

next Tweed River Committee meeting to present and explain the outcomes of the preliminary sites assessment and reporting of PFCs contamination at Gold Coast Airport.


REPORT:

The Minutes of the Tweed River Committee Meeting held Wednesday 8 June 2016 are reproduced as follows for the information of Councillors. Venue:

Canvas and Kettle Meeting Room. Time:

9.00am Present:

Rhonda James (Restoration Industry); (Chair); Ben Fitzgibbon (Office of Environment and Heritage); Robert Quirk (NSW Cane Growers’ Association); Claire Masters (Tweed Landcare Inc.); Lindy Smith (Community Representative); Bob Modystack (Tweed Rowing Club); Eddie Norris (Community Representative); Tom Alletson, Scott Hetherington and Matt Bloor (Tweed Shire Council).

Apologies: Cr Katie Milne; Cr Gary Bagnall; Tracey Stinson, Jane Lofthouse (Tweed Shire Council).

Minutes of Previous Meeting: Moved: Claire Masters Seconded: Lindy Smith

RESOLVED that the Minutes of the Tweed River Committee meeting held Wednesday 13 April 2016 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising: BA1. Tweed River Estuary Management Plan - Update Ben discussed elements of the consultant brief and the need for consistency with the Coastal Management Manual. Tom described the inclusion of the Coastal Strategy Statement and Recreation Strategy. Tom advised that the Request for Offers was currently in the market and that submissions closed on 15 June and that he and Ben would be reviewing submissions. Tom also noted that some amendments had been made to the brief since its presentation to the Committee in April, and while some of the changes were significant in the way that they framed the issues, the changes would not significantly affect the final outcomes of the plan - which will be based on research and investigations during the preparation phase. BA2. Vintage Lakes A brief update was presented on the matter of vintage lake and discussions from the April meeting – this was based on emailed advice from Council’s Manager Roads and Stormwater, Danny Rose. A report will be presented to the July or August Council meeting that looks at weed control measures, threatened species, water quality, dissolved oxygen and options for increasing tidal flushing to the system. This will be passed on to the Committee for information.


BA3. Airport Contamination Tom provided a review of a briefing received from Air Services Australia and Gold Coast Airport on Perfluorinated Compounds (PFCs) contamination. It was noted that the Gold Coast Airport had established a page on their website to provide information on PFCs. This information can be accessed from the landing page of the Gold Coast Airport website, or the following link. http://www.goldcoastairport.com.au/community/pfass-coast-airport/ Lindy added comment on PFC issues as related to the current airport development approvals and noted that PFCs seem to be able to spread extensively, off-site. Claire queried whether or not Gold Coast Airport would cease work on the ILS and project LIFT based on PFC concerns. Lindy advised that Airport would not commence work on the ILS until a court application to the Appeal Tribunal in the Commonwealth Law Court in Brisbane had been heard. Stay Order on works. Action: Tom Alletson to distribute to the Committee the link to information (as above). Moved: Robert Quirk Seconded: Claire Masters

RECOMMENDATION that Council notes that the Tweed River Committee has continued concerns regarding the potential for impacts of Perfluorinated Compounds contamination on local waterways.

Moved: Lindy Smith Seconded: Bob Modystack

RECOMMENDATION that NSW Environment Protection Authority (EPA) be invited to address the next Tweed River Committee meeting to present and explain the outcomes of the preliminary sites assessment and reporting of PFCs contamination at Gold Coast Airport.

Agenda Items: A1. Presentation: Parliamentary Inquiry into Water Augmentation in Rural and Regional New South Wales and Update of Tweed Shire water augmentation Rob Seibert from Council’s Water Unit attended the meeting and gave a presentation on plans to augment the Tweed Water supply by raising the existing Clarrie Hall Dam wall. The presentation focused on the secure yield that could be provided by the existing dam, how secure yield was affected by climate change and the time at which an augmented supply would be required. This reinforced the importance of commencing the ten year planning processes of raising the Clarrie Hall Dam wall in the immediate term. Rob’s presentation was well received by the committee and he and the Water Unit were thanked by the Chair. A2. Rous River Rehabilitation Grant Matt Bloor attended the meeting and provided an overview of the Rous River Rehabilitation Project, as recently funded through an Environmental Trust grant. The project will target rehabilitation of 5km worth of riverbank between Chillingham and Boat Harbour. Matt also provided an overview of current work to control madeira vine and giant devils fig in the upper Rous.

http://www.goldcoastairport.com.au/community/pfass-coast-airport/


A3. Biodiversity Legislation Reform Scott provided an update on the biodiversity reform process, which is a complex mix of repealing existing Acts and regulations, and implementing new legislation and assessment methodologies. Scott covered: • Various Acts to be amended and regulations to be updated. • The mapping of various classification areas (that has not been published), however

these will be grouped as; exempt land, conservation land, self-assessable land. • A biodiversity assessment methodology that perhaps has some advantages over existing

assessment methodologies. Cost shift to Council to oversee assessments. • Biodiversity conversation trust will do the offsetting at offsite locations. Rules around off-

setting significantly loosened. • Changes to licensing for native species ownership and working with licensed species. • Changes to private land conservation program. Stewardship sites – bio-banking offset

sites. • Removal of endangered population classification (for Tweed Koalas). Cannot have an

endangered population if it is already declared a threatened species. • Collaborating with NOROC on response. Local Government NSW is involved in

preparation of submissions. • Lobbying for extension of submission date advocated. Claire requested Council to help promote a briefing on the reforms by the Environmental Defenders Officer. A4. Waterways Program Update Tom provided an update on all projects currently being implemented by the Waterways program, which are as per the list below: Waterways Program Projects: • River Health Grants • Upper Rous River Riparian Vine Weeds • Rous River Rehabilitation Project • Oxley Riverbank Stabilisation • Mid Tweed Riparian Land and National Tree Day Sites (8) • Tygalgah Revegetation • Condong Riverbank Stabilisation • Murwillumbah Riverbank Stabilisation • Riparian Restoration Bilambil Creek • Riparian Restoration Duroby Creek • Riparian Projects Team - Uki Wastewater Treatment Plan, Tyalgum Wastewater

Treatment Plant and Water Treatment Plan, Oxley Cove • Banora Point Floating Reed Bed • Stormwater Assets Inventory • Upper Catchment Water Quality Study • Estuary Management Plan • Coastal Floodplain Acid Sulfate Soils Management • Stotts Channel Vegetation Management • McIlrath Park • Excavator Operator Workshop • Waterways Infrastructure, New Projects and Asset Management


Proposed: • Pumpenbil Dairy Farm • Sub catchment Planning • Cudgen Creek Bank Management • Additional Sites, Duroby Creek • Col Wiley Park, Byangum • Riparian Vegetation Mapping Data Analysis The Committee thanked Tom and acknowledged and thanked Council for the significant contributions to the management of natural resources. Thanks and acknowledgement was also passed on to the Waterways Program and Natural Resource Management Unit staff. A5. Weed Control and Revegetation of the Murwillumbah Riverbank Tom advised the Committee that a notice of motion had been resolved by Council requesting him to liaise with stakeholders on rehabilitation of vegetation between the Coolamon Centre and the Commercial Road Boat Ramp. Tom noted the outcome of recent work undertaken in McIlrath Park by Earth Learning. The Committee advised the following: • That the area would be considered to be a low priority. • High risk potential for works given the very steep site. • Few ecological outcomes. • Not a high use public area. • Concerned about destabilisation during transition from weed to native vegetation. • Concerned regarding the allocation of the significant level of funds required to achieve

and maintain a good outcome. • Rubbish control would be a great outcome. General Business: Nil. Next Meeting: The next meeting of the Tweed River Committee will be held Wednesday 10 August 2016. The meeting closed at 12:30pm. EXECUTIVE MANAGEMENT TEAM COMMENTS: BA3. Airport Contamination Nil. EXECUTIVE MANAGEMENT TEAM'S RECOMMENDATIONS: BA3. Airport Contamination

1. That Council notes that the Tweed River Committee has continued concerns regarding the potential for impacts of Perfluorinated Compounds contamination on local waterways.


2. That NSW Environment Protection Authority (EPA) be invited to address the next Tweed River Committee meeting to present and explain the outcomes of the preliminary sites assessment and reporting of PFCs contamination at Gold Coast Airport.

COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. Terms of Reference - Adopted by Council 24 January 2013 (ECM2939677) b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


52 [SUB-LTC] Minutes of the Local Traffic Committee Meeting held Thursday 9 June 2016


Valid



SUMMARY OF REPORT:

The Minutes of the Local Traffic Committee Meeting held Thursday 9 June 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That: 1. The Minutes of the Local Traffic Committee Meeting held Thursday 9 June 2016

be received and noted; and 2. The Executive Management Team's recommendations be adopted as follows:

A1 [LTC] QRTS Round Cycling Race - 30 to 31 July 2016 That temporary road closures associated with the conduct of the QRTS Round Cycling Teams Racing Series Round 3 Saturday 30 and Sunday 31 July 2016 be supported subject to: 1. NSW Police approval being obtained. 2. Endorsement of the event by Cycling Queensland. 3. Conformance with a Traffic Management Plan and associated Traffic

Control Plans implemented and controlled by Roads & Maritime Services accredited persons.

4. Community and affected business consultation addressing raised concerns including a letterbox drop to directly affected residents.

5. The event organiser notifies Tweed residents of the impact of their event by advertising in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times,


alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.

6. Consultation with bus and taxi operators and arrangements made for provision of services during conduct of the event.

7. Adequate public liability insurance being held by the event organiser. 8. All signage erected for the event to not cause a hazard for motorists or

pedestrians and be removed immediately following the completion of the event.

9. Consultation with emergency services and any identified issues addressed. 10. Arrangements made for private property access and egress affected by the

event. 11. That the applicant organise for the event to be listed on Council's Calendar

of Events web page. Go to www.tweed.nsw.gov.au Our Community/Festivals Events and Filming/Calendar of Events and access the Calendar of Events site to upload the event details.

12. The submission and approval of a Community Event application/Major Event application and compliance with any conditions imposed therein.

13. The event be conducted and signposted (where applicable this supersedes signposting in accordance with RMS Guide to Traffic Control at Worksites) in accordance with the current RMS Guidelines for Bicycle Road Races to ensure consistency across the network.

14. A report be provided to Council, by the event organiser, within 2 weeks of conduct of the event, showing compliance with the above conditions.


REPORT:

The Minutes of the Local Traffic Committee Meeting held Thursday 9 June 2016 are reproduced as follows for the information of Councillors. VENUE:

Mt Warning Meeting Room

TIME: Commencing at 10.00am

PRESENT: Committee Members: Cr Barry Longland, Mr Josh Buckham Roads and Maritime Services of NSW, Mr Col Brooks on behalf of Mr Thomas George MP, Member for Lismore, Mr Rod Bates on behalf of Mr Geoff Provest MP, Member for Tweed. Informal: Mr Ray Clark (Chairman), Mr Nick Tzannes, Ms Judith Finch (Minutes Secretary).

APOLOGIES: Mr Thomas George MP, Member for Lismore, Mr Geoff Provest MP, Member for Tweed, Mr Etiene La Grange, Roads and Maritime Services of NSW, Miss Alana Brooks, Snr Constable Tony Darby, NSW Police,.

CONFIRMATION OF MINUTES OF PREVIOUS MEETING MIN1 [LTC] Confirmation of Previous Minutes Meeting held 12 May 2016 ORIGIN: Roads & Stormwater RESOLVED that the Minutes of the Local Traffic Committee Meeting held 12 May 2016 be adopted as a true and accurate record of proceedings of that meeting.

————————————— SCHEDULE OF OUTSTANDING RESOLUTIONS SCH1 [LTC] Schedule of Outstanding Resolutions - 9 June 2016

ORIGIN: Roads & Stormwater SUMMARY OF REPORT: No Outstanding Resolutions for meeting held 9 June 2016. BUSINESS ARISING Nil.


A. FORMAL ITEMS SECTION DELEGATIONS FOR REGULATORY DEVICES - MURWILLUMBAH A1 [LTC] QRTS Round Cycling Race - 30 to 31 July 2016 ORIGIN: Roads & Stormwater FILE NO: ECM 4055189; Traffic - Committee; Traffic - Control; Bicycle Matters - General;

Festivals / Events - Other; Community Events on Council Administered Land; Tweed Valley Way; Bakers Road; Mistral Road; Kyogle Road; Smiths Creek Road; Stokers Road; Lundberg Drive; Kite Crescent; Honeyeater Circuit

SUMMARY OF REPORT: Request received for Local Traffic Committee approval to conduct, for the first time, a QRTS round cycling race in the Tweed Shire. The QRTS is a regional racing series that attracts, Tweed, Gold Coat, Brisbane and regional male and female cycle teams to race for four weekends in regional areas. Generally, 100 male racers along with 45 female racers and their families and support personnel participate. Temporary road closures for the start and finish of the Road Race on Saturday 30 July 2016 from 1.00pm to 4.30pm is requested for: • Tweed Valley Way (start and finish) and rolling road closures for the following roads: • Bakers Road • Mistral Road • Kyogle Road • Smiths Creek Road • Stokers Road And temporary road closure for the start and finish for the Teams Time Trial (8.00 to 10.30am) • Kyogle Road Temporary road closures for the conduct of the Criterium Sunday 31 July 2016 (12.00pm to 2.00pm) for: • Lundberg Drive • Kite Crescent • Honeyeater Circuit COMMITTEE ADVICE: That temporary road closures associated with the conduct of the QRTS Round Cycling Teams Racing Series Round 3 Saturday 30 and Sunday 31 July 2016 be supported subject to:


1. NSW Police approval being obtained. 2. Endorsement of the event by Cycling Queensland. 3. Conformance with a Traffic Management Plan and associated Traffic Control Plans

implemented and controlled by Roads & Maritime Services accredited persons. 4. Community and affected business consultation addressing raised concerns including a

letterbox drop to directly affected residents. 5. The event organiser notifies Tweed residents of the impact of their event by advertising

in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.


7. Adequate public liability insurance being held by the event organiser. 8. All signage erected for the event to not cause a hazard for motorists or pedestrians

and be removed immediately following the completion of the event. 9. Consultation with emergency services and any identified issues addressed. 10. Arrangements made for private property access and egress affected by the event. 11. That the applicant organise for the event to be listed on Council's Calendar of Events

web page. Go to www.tweed.nsw.gov.au Our Community/Festivals Events and Filming/Calendar of Events and access the Calendar of Events site to upload the event details.




RECOMMENDATION TO COUNCIL: That temporary road closures associated with the conduct of the QRTS Round Cycling Teams Racing Series Round 3 Saturday 30 and Sunday 31 July 2016 be supported subject to: 1. NSW Police approval being obtained. 2. Endorsement of the event by Cycling Queensland. 3. Conformance with a Traffic Management Plan and associated Traffic Control Plans

implemented and controlled by Roads & Maritime Services accredited persons. 4. Community and affected business consultation addressing raised concerns including a

letterbox drop to directly affected residents. 5. The event organiser notifies Tweed residents of the impact of their event by advertising





and be removed immediately following the completion of the event. 9. Consultation with emergency services and any identified issues addressed. 10. Arrangements made for private property access and egress affected by the event. 11. That the applicant organise for the event to be listed on Council's Calendar of Events





FOR VOTE - Cr Barry Longland, Mr Col Brooks - on behalf of Member for Murwillumbah - Mr T George, Josh Buckham, Roads & Maritime Services DELEGATIONS FOR REGULATORY DEVICES - TWEED HEADS Nil. B. INFORMAL ITEMS SECTION GENERAL TRAFFIC ADVICE - MURWILLUMBAH B1 [LTC] Tweed Range Roubaix Cycle Event - 16 October 2016 ORIGIN: Roads & Stormwater FILE NO: ECM 4079180; Traffic – Committee; Festivals/Events - Other; Roads –

General; Bicycle Matters - General SUMMARY OF REPORT: Request received for the Tweed Range Roubaix Cycle Event to be held on Sunday 16 October 2016, which is an untimed event with a maximum finishing time allowed of 6 ½ hours. It is anticipated that there will be a maximum number of 350 riders participating in the 2016 inaugural year. The proposed 88km loop is from Murwillumbah to Burringbar and return to Murwillumbah. Start time is proposed for 8.00am on Sunday 16 October to be finished by 2.30pm with a time limit of 6 ½ hours to ensure all riders are off course at a safe hour of the day.


Traffic management will be conducted by an accredited management company in accordance with Cycling Australia and Roads & Maritime standards. Roads proposed to be used: • Quarry Road • Reserve Creek Road • Round Mountain Road • Cudgera Creek Roads • Wardrop Valley Road • Smarts Roads • Loders Road • Tweed Valley Way Murwillumbah • Cooradilla Road There are no roads proposed to be closed however some intersections will be controlled by traffic controllers to allow cyclists to turn safely. COMMITTEE ADVICE: That the proposed Tweed Range Roubaix Cycle Event on Sunday 16 October 2016 be supported, subject to: 1. NSW Police support being obtained. 2. Compliance with Cycling Australia guidelines. 3. Conformance with a Traffic Management Plan and associated Traffic Control Plans

implemented and controlled by Roads & Maritime Services accredited persons. 4. The event organiser notifies Tweed residents of the impact of their event by advertising



and be removed immediately following the completion of the event. 7. Consultation with emergency services and any identified issues addressed. 8. That the applicant organise for the event to be listed on Council's Calendar of Events






B2 [LTC] Seabreeze Boulevard and Ballina Street, Pottsville ORIGIN: Roads & Stormwater FILE NO: ECM 4073814; Traffic - Committee; Speed Zones; Seabreeze Boulevard;

Ballina Street, Pottsville SUMMARY OF REPORT: Request received regarding the amount of traffic and speed at which vehicles travel within the Seabreeze Estate at Pottsville, in particular on Ballina Street and Seabreeze Boulevard. The complainant has noted that there are no speed limit signs within the Estate and has asked if similar speed limiting structures that have been installed on Casuarina Way could also be installed in the Seabreeze Estate. Council's Road Safety Officer is developing a Local Area Traffic Management (LATM) strategy for the shire which will be implemented on a precinct basis based on appropriate criteria. COMMITTEE ADVICE: That: 1. Council officers conduct speed surveys on Seabreeze Boulevard and Ballina Street,

Pottsville and that the data may be provided to Police. Council's courtesy speed board could be placed in these streets if speeding is found to be an issue.

2. 50km/h speed limit signage is generally not required because it is the default urban

limit in built up areas and the urban environment should be clear to motorists. However a repeater sign could be considered when entering Seabreeze Estate from Tom Merchant Drive and on Seabreeze Boulevard west of Tom Merchant Drive as the locality is not fully developed and there may be ambiguity in relation to the prevailing speed limit.

GENERAL TRAFFIC ADVICE - TWEED HEADS B3 [LTC] Local Traffic Committee Meeting Time ORIGIN: Roads & Stormwater FILE NO: Traffic - Committee SUMMARY OF REPORT: At the Local Traffic Committee Meeting held 12 May 2016 it was informally discussed that there may be benefit to moving the start time of meetings to 9.00am.


Consideration should be given to moving the start time to 9.00am for future meetings from 14 July 2016. The RMS Rep advised that it could be difficult for the RMS Rep to arrive at 9.00am. COMMITTEE ADVICE: That the Local Traffic Committee meeting start time be brought forward to 9.30am from the meeting held 14 July 2016. NEXT MEETING: The next meeting of the Local Traffic Committee will be held 14 July 2016 in the Mt Warning Meeting Room commencing at 9.30am. There being no further business the Meeting terminated at 10:55am. EXECUTIVE MANAGEMENT TEAM COMMENTS: A1 [LTC] QRTS Round Cycling Race - 30 to 31 July 2016 Nil. EXECUTIVE MANAGEMENT TEAM RECOMMENDATIONS: SECTION A - FORMAL ITEMS SECTION - DELEGATIONS FOR REGULATORY DEVICES FOR ENDORSEMENT BY COUNCIL: A. FORMAL ITEMS SECTION DELEGATIONS FOR REGULATORY DEVICES - MURWILLUMBAH A1 [LTC] QRTS Round Cycling Race - 30 to 31 July 2016 That temporary road closures associated with the conduct of the QRTS Round Cycling Teams Racing Series Round 3 Saturday 30 and Sunday 31 July 2016 be supported subject to: 1. NSW Police approval being obtained. 2. Endorsement of the event by Cycling Queensland. 3. Conformance with a Traffic Management Plan and associated Traffic Control

Plans implemented and controlled by Roads & Maritime Services accredited persons.

4. Community and affected business consultation addressing raised concerns including a letterbox drop to directly affected residents.

5. The event organiser notifies Tweed residents of the impact of their event by advertising in the Tweed Link at their expense a minimum of one week prior to the operational impacts taking effect. The advertising must include the event name, specifics of any traffic impacts or road closures and times, alternative


route arrangements, event organiser, a personal contact name and a telephone number for all event related enquiries or complaints.


7. Adequate public liability insurance being held by the event organiser. 8. All signage erected for the event to not cause a hazard for motorists or

pedestrians and be removed immediately following the completion of the event. 9. Consultation with emergency services and any identified issues addressed. 10. Arrangements made for private property access and egress affected by the

event. 11. That the applicant organise for the event to be listed on Council's Calendar of

Events web page. Go to www.tweed.nsw.gov.au Our Community/Festivals Events and Filming/Calendar of Events and access the Calendar of Events site to upload the event details.




COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


53 [SUB-EAC] Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 June 2016


Valid



SUMMARY OF REPORT:

The Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 June 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That the Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 June 2016 be received and noted.


REPORT:

The Minutes of the Equal Access Advisory Committee Meeting held Wednesday 15 June 2016 are reproduced as follows for the information of Councillors. Venue:

Banora Point Community Centre Time:

10.00am Present:

Milena Morrow (Chair); Una Cowdroy; Suzanne (Suzi) Hudson; Chris Vannucci; Bev Kelso (Community Representatives); Cr Phil Youngblutt, Karen Collins (Tweed Shire Council).

Apologies: Lee Clark (Community Representative).

Minutes of Previous Meeting: Moved: Chris Vannucci Seconded: Milena Morrow

RESOLVED that the Minutes of the Equal Access Advisory Committee meeting held Wednesday 17 February 2016 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising: Nil. Outstanding Matters Report OM1. Designated Accessible Parking Bays (DAPBs) at Tweed Centro Shopping Centre Karen advised that the letter to Tweed Centro Shopping Centre Management regarding non-compliance of DAPBs and requesting a meeting has not been sent as yet. This will be followed up after this meeting. OM2. Bus stop outside Kingscliff TAFE This project is waiting for a solution on how to provide additional data on passengers requested by RMS. The matter will be closed until there is an update from the other stakeholders, Surfside Buses and Kingscliff TAFE. OM3. Large print menus and supermarket signage Karen advised that two new information pamphlets have been developed and printed called Universal Access in Cafes and Restaurants and Providing Access in Supermarkets, Supporting access for people with vision impairment. These pamphlets were developed in consultation with Blind Citizens Australia Tweed members and the Murwillumbah Blind and Vision Support (BAVIS) Group. Information kits including the new pamphlets and other information on access have been provided to BAVIS members for distribution in Murwillumbah. Karen will distribute additional kits to retailers.


OM6. Addressing Attacks on Guide Dogs by Other Dogs The original recommendation was not approved with an amended recommendation that a representative from Guide Dogs is invited to provide information for the Committee. Committee members felt that there was enough knowledge in the existing Committee to understand the issues about safety for guide dogs and assistance animals when out in public. Karen advised that the consultation for Council’s Open Space Strategy raised many issues about dogs in the open space environment and that through this strategy some actions may be initiated. Action: Invite Jodie Hewitt to the next Equal Access Advisory Committee meeting in

the new term to brief the Committee on any developments arising out of the Open Space Strategy relating to dogs. Officer responsible: Karen Collins.

OM9. Future recruitment strategy for EAAC Changes to the recruitment process are not part of the Terms of Reference (TOR) therefore members were asked to suggest appropriate questions for inclusion in the Expression of Interest for membership on the Equal Access Advisory Committee for the 2016-2020 term. This is needed as there may be more applicants for Community Representative than the eight positions noted in the TOR. Additional questions will assist in selecting Members from the pool of applicants. Members suggested additional questions. Action: Wording of the additional questions to be finalised for the EOI. Responsible

Officer: Karen Collins. Cr Youngblutt suggested that increasing the number of community representatives may be useful for the Committee’s work. This would require changes to the TOR recommended for Council approval. This suggestion is minuted to be put to the incoming Committee for discussion. Agenda Items: A1. Access and Inclusion Policy and Action Plan Karen provided an update on projects being implemented under the Plan included the upgrade of Council’s designated accessible toilets, the review of access to foreshores and waterways, quotes for hearing augmentation in major facilities among other items. Cr Youngblutt commented that it would be advisable to also check access in older standard public toilets as some male toilets such as Tumbulgum have a high step up to the urinal with no grab rails making it very difficult for people with mobility impairment as a result of age or other conditions to access the urinal. Action: Seek advice about the possibility of installing an additional step and grab rails

on side wall/s for easier access. Responsible Officer: Karen Collins and Cr Youngblutt.

A2. 2016 Access and Inclusion Awards Nominations are open with some enquiries received. The BEATS will provide additional nominees following this event on 30 July.


A3. All Access Playground update Costings for lifespan replacement and maintenance have been received. A workshop presentation by Dan Plummer for Councillors has been scheduled. The Concept Design will then go to Council for approval. A4. Tweed Link monthly access news Nothing to update. A5. Tweed Public and Active Transport Group Discussions are often about accessible transport with a focus on bringing all aspects up to accessible standards. The draft Kingscliff Locality Plan, chapter on Transport was presented at the last Working Group meeting. The draft plan is available to Committee members on request. The draft Plan will be tabled to the new Committee for feedback on universal design aspects. A6. Access Standards and Guidelines Working Group The last Working Group meeting was in March. The issue of review of Council policies, strategies and opportunities for timely input into major projects was discussed. The Working Group advised that input at the Locality Plan level was appropriate. A7. Untold Stories Project Nine out of ten interviews have been conducted. The audio interviews are now being transcribed ready for editing. Video recording of some participants will commence soon. A8. Access Funds Karen provided an update on the access funds with a significant amount committed to the toilet upgrade and hearing augmentation. General Business: GB1. Kingscliff Locality Plan See Agenda item 5 above. GB2. Northern Rivers Social Development Council (NRSDC) Milena reported on her presentation to the North West Alliance/NRSDC via video conference covering the region from QLD border to inner west NSW and down to central coast regarding Tweed Shire's Access and Inclusion Plan. The feedback was very positive with Tweed being recognised for achievements in access and inclusion through the Plan. GB3. Lack of Access into the park at Murwillumbah Civic and Cultural Centre This matter was raised by Lifebridge staff and clients who frequent the park after swimming at the aquatic centre on a daily basis. They have requested that Council considers improving access into the park from the aquatic centre and within the park to the picnic furniture. Shade and shelter is also needed over some of the seating/table sites. This matter has been tabled for the attention of the Committee. GB4. Judging panel for the BEATS The BEATS organisers have asked for a panel to judge the recipient of the Most Accessible and Inclusive Tweed Business Award. Karen asked for two volunteers from the Committee to assist with the Judging. Wendy Gilbett and Chris Vannucci will assist.


GB5. End of Committee Term and Council elections Milena Morrow, Committee Chair, thanked all members for their commitment, energy and support over the four year Term of Office. Milena also thanked Cr Youngblutt for his continual commitment to the Committee and to improving access in the Shire and mentioned that the Committee members see Cr Youngblutt as a champion for access and inclusion. Cr Youngblutt also thanked the Committee members and mentioned how much he had enjoyed serving the Committee this Term. Cr Youngblutt commended Milena on her excellent work as Chair of the Committee. Karen Collins thanked all members for their dedication and commitment to the Committee and its work and for their support for her role. Karen particularly thanked Milena for an outstanding job as Chair and Suzi Hudson and Una Cowdroy for their participation in the access audit of Council toilets, foreshores and waterways projects that involved many days of field work. Next Meeting: The next meeting of the Equal Access Advisory Committee when a new Committee has been selected and approved by Council. The meeting closed at 11.30am. EXECUTIVE MANAGEMENT TEAM’S COMMENTS: Nil. EXECUTIVE MANAGEMENT TEAM’S RECOMMENDATIONS: Nil. COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. Terms of Reference - Adopted 19 September 2013 (ECM 3146605). b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed. UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.


54 [SUB-FMC] Minutes of the Floodplain Management Committee held Friday 24 June 2016


Valid


flooding

SUMMARY OF REPORT:

The Minutes of the Floodplain Management Committee held Friday 24 June 2016 are reproduced in the body of this report for the information of Councillors. RECOMMENDATION:

That: 1. The Minutes of the Floodplain Management Committee held Friday 24 June 2016

be received and noted; and 2. The Executive Management Team's recommendations be adopted as follows:

2. ABC Coverage

That Council formally invites management of ABC North Coast radio to receive a briefing on the flood situation in Tweed Shire, with the aim of improving coverage of flood events by the station. This briefing should include the SES Regional Controller.

4. Flooding History and Data/Documentation:

That Council compiles a special edition of the Tweed Link featuring historical flood information for the community.

5. Quarry Road Land Acquisition (Robert Quirk)

That Council pursues the Quarry Road land acquisition and associated works as a priority project from the Tweed Valley floodplain Risk Management Plan, and seeks assistance from OEH in scoping the project to


demonstrate its benefits, for consideration in the Floodplain Management grant program. This process would include consultation with the can industry and impacted landholders.

7. Appreciation for Max Boyd and Brian Sheahan

That Council acknowledges and thanks Max Boyd and Brian Sheahan for their long term service and contribution to the Floodplain Management Committee.


REPORT:

The Minutes of the Floodplain Management Committee held Friday 24 June 2016 are reproduced as follows for the information of Councillors. Venue:

Mt Warning Meeting Room, Murwillumbah Civic Centre Time:

9.00am Present:

Cr Katie Milne, Danny Rose, Steve Twohill, Stuart Russell, Leon McLean (TSC), Toong Chin (OEH), Brian Sheahan (SES), Felicia Cecil, Robert Quirk, Max Boyd, Andy Yeomans

Apologies: David Oxenham, Wayne Gibbons (TSC), Wayne Pettit (SES), Paul Taylor.

Minutes of Previous Meeting: Moved: Max Boyd Seconded: Brian Sheahan

RESOLVED that the Minutes of the Floodplain Management Committee meeting held Friday 11 March 2016 be accepted as a true and accurate record of the proceedings of that meeting.

Business Arising: 1. Review and Prioritisation of Recommended Actions from Tweed Valley and Coastal

Creeks Floodplain Risk Management Plans Brian Sheahan provided a briefing on current SES community engagement and education activities. The SES is continuing their program targeting high risk residents in flood prone aged care facilities and caravan parks. The SES is working with established local flood network groups in Tumbulgum and Uki, and looking to form a new group in Burringbar / Mooball. Other at risk areas, such as West Tweed around Seagulls, have proved difficult to achieve support for these flood programs. 2. ABC Coverage Max Boyd requested that Council insists on a briefing for ABC North Coast, including their station manager and the SES Regional Controller, to discuss the ongoing lack of coverage for flood events on the Tweed.


Moved: Max Boyd Seconded: Brian Sheahan

RECOMMENDATION that Council formally invites management of ABC North Coast radio to receive a briefing on the flood situation in Tweed Shire, with the aim of improving coverage of flood events by the station. This briefing should include the SES Regional Controller.

Agenda Items: 3. Review of 4 June 2016 Flood Event Leon McLean presented rainfall and stream gauge data from the recent flood event (see attachment). The Tweed Valley experienced minor flooding, while some catchments such as Burringbar experienced serious flash flooding and some reported over floor flooding of dwellings. Chinderah and Tweed Heads South / Banora Point experienced significant overland flooding as a result of the king tide coinciding with the peak in rainfall intensity, which closed stormwater outlets to the river. This included the area around the highway interchange at the southern end of Minjungbal Drive, which the Local Emergency Management Committee has asked Council and RMS to review. Unfortunately there is a lack of good photos of the event as the peaks were in the evening / night. The event has been declared a Natural Disaster, making Council eligible for repair and recovery funding. Current estimates for infrastructure damage are around $900K, however some of this damage, such as beach erosion, cannot be claimed. Flood pumps in Murwillumbah functioned well throughout the event, with some good data to provide to consultants about to commence the Murwillumbah CBD flood study. No concerns were raised with the accuracy or timeliness of flood watches / warnings or weather predictions. The SES issued evacuation warnings in several areas, and opened two evacuation centres. Council received some negative feedback about lack of signage on some closed roads. Council has contacted RMS about future use of highway message boards for Tweed Valley Way closures. The Committee discussed the ongoing issue of people driving in flood waters. The SES had to pull 26 vehicles out of water in this event, and several members have observed increased flood damages due to properties as a result of bow waves. The committee questioned whether the police could issue infringements or whether such actions impact on insurance? Also who is authorised to install road closure signage - can local flood network members do this? Council officers will investigate further and report back to a future meeting. Toong Chin mentioned some recent research that showed how unstable modern cars are in flood water. Council is also aware of this research through Floodplain Management Australia, and will include it in post-flood media. Max Boyd suggested that the flood information be included in media articles, with comparisons to historical floods, such as the 2005 event, to build the community's knowledge of flooding and their own risk.


4. Flooding History and Data/Documentation Steve Twohill has obtained access to a large amount of historic flood information and photos from the family of the late Bruce Devine. The committee suggested that this information could form the basis of a special edition / feature in the Tweed Link. This might also result in others providing similar important information. A histogram of historical floods was considered another useful inclusion. Brenda Hannigan, Council's Communications Officer - Engineering be invited to the next meeting to assist in compiling this flood feature. Moved: Max Boyd Seconded: Robert Quirk

RECOMMENDATION that Council compiles a special edition of the Tweed Link featuring historical flood information for the community.

5. Quarry Road Land Acquisition (Robert Quirk) At the last meeting, the acquisition of a block of industrial zoned land in Quarry Road, downstream of the airfield was discussed. Robert Quirk raised concerns on behalf of the cane growers that if this land is purchased and modified to divert more flood flows across downstream land, rather than through Condong Creek, this would have significant impacts and would be opposed by the industry. Steve Twohill presented various flood maps from the Tweed Valley Flood Study, showing the potential importance of this land in providing a flow path in very large floods, as a relief valve for the South Murwillumbah flood basin, and thereby protecting Murwillumbah township. Due to land levels, this flow path activates somewhere between a 1:20 and 1:100 ARI flood. The intent of the project recommended by the consultants would not be to significantly change this regime, but to investigate how it could best function during those large floods. In such floods the downstream cane land is already significantly impacted, so any additional flows were not thought to be significant. Council has previously applied for State Government funding to purchase this land, but has been unsuccessful as funding is only available for residential land. Toong Chin indicated that if the land purchase was part of a larger project that could clearly demonstrate benefits from reduced flood damages, it could be considered. Toong could assist Council in scoping these works. Consultation with landholders and the cane industry would be essential. Moved: Felicia Cecil Seconded: Brian Sheahan

RECOMMENDATION that Council pursues the Quarry Road land acquisition and associated works as a priority project from the Tweed Valley Floodplain Risk Management Plan, and seeks assistance from OEH in scoping the project to demonstrate its benefits, for consideration in the Floodplain Management grant program. This process would include consultation with the cane industry and impacted landholders.


General Business: 6. Tweed Heads Hospital Max Boyd has recently been involved in meetings with the NSW Health Board, who is considering options for future upgrades to Tweed Heads Hospital, and possibly other sites. Max provided the Board with flood maps showing the impact of the 1:100 ARI flood on Tweed Heads Hospital, which the Board seemed largely unaware of. Max stressed to the Committee the role that Council should play in providing submissions on future proposals for government investment, to ensure that past errors in judgement were not compounded or repeated. Stuart Russell explained the process involved in State agency referrals for proposals to Council, and that many submissions are provided on a range of constraints and opportunities, including flooding e.g. Tweed City LEP and DCP. 7. Appreciation for Max Boyd and Brian Sheahan With the pending Local Government elections in September 2016, this will be the last meeting of the current Committee - new nominations are called by the new Council. Max Boyd and Brian Sheahan indicated that they would not be nominating for the next Committee. The Committee sincerely thanked Max and Brian for their long and valuable service to the Committee, and wished them well for their future plans. Brian will attend the next meeting to introduce his replacement, Professor Jim Jackson. Moved: Robert Quirk Seconded: Felicia Cecil

RECOMMENDATION that Council acknowledges and thanks Max Boyd and Brian Sheahan for their long term service and contribution to the Floodplain Management Committee.

Next Meeting: The next meeting of the Floodplain Management Committee will be held prior to December 2016, pending new Committee nominations. The meeting closed at 11.45am. EXECUTIVE MANAGEMENT TEAM COMMENTS: 2. ABC Coverage Nil. 4. Flooding History and Data/Documentation: Nil.


5. Quarry Road Land Acquisition (Robert Quirk) Nil. 7. Appreciation for Max Boyd and Brian Sheahan Nil. EXECUTIVE MANAGEMENT TEAM RECOMMENDATIONS: 2. ABC Coverage

That Council formally invites management of ABC North Coast radio to receive a briefing on the flood situation in Tweed Shire, with the aim of improving coverage of flood events by the station. This briefing should include the SES Regional Controller.

4. Flooding History and Data/Documentation:

That Council compiles a special edition of the Tweed Link featuring historical flood information for the community.

5. Quarry Road Land Acquisition (Robert Quirk)

That Council pursues the Quarry Road land acquisition and associated works as a priority project from the Tweed Valley floodplain Risk Management Plan, and seeks assistance from OEH in scoping the project to demonstrate its benefits, for consideration in the Floodplain Management grant program. This process would include consultation with the can industry and impacted landholders.

7. Appreciation for Max Boyd and Brian Sheahan

That Council acknowledges and thanks Max Boyd and Brian Sheahan for their long term service and contribution to the Floodplain Management Committee.

COUNCIL IMPLICATIONS: a. Policy: Code of Meeting Practice. Terms of Reference - Reviewed by Council 21 August 2013. b. Budget/Long Term Financial Plan: Not applicable. c. Legal: Not Applicable. d. Communication/Engagement: Inform - We will keep you informed.



Nil.


CONFIDENTIAL ITEMS FOR CONSIDERATION

REPORTS THROUGH THE GENERAL MANAGER IN COMMITTEE

REPORTS FROM THE GENERAL MANAGER IN COMMITTEE

C1 [GM-CM] Proposed Enterprise Agreement to Reduce Vested Sick Leave Entitlements

REASON FOR CONFIDENTIALITY:

Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (a) personnel matters concerning particular individuals (other than councillors). Validms


1.3 Delivering the objectives of this plan

1.3.1 Council's organisation will be resourced to provide the essential services and support functions to deliver the objectives of this Plan


REPORTS FROM THE DIRECTOR PLANNING AND REGULATION IN COMMITTEE

C2 [PR-CM] Tanglewood Private Sewage Scheme REASON FOR CONFIDENTIALITY:

This report is confidential due to past and potential future legal action. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (a) personnel matters concerning particular individuals (other than councillors). (e) information that would, if disclosed, prejudice the maintenance of law. Validms



1.2.2 Decisions made relating to the allocation of priorities will be in the long term interests of the community

4 Caring for the Environment

4.1 Protect the environment and natural beauty of the Tweed

4.1.3 Manage and regulate the natural and built environments


REPORTS FROM THE DIRECTOR ENGINEERING IN COMMITTEE

C3 [E-CM] Clarrie Hall Dam - Land Acquisition - 141 Lone Pine Road, Doon Doon


This reports discusses commercial discussions and private financial arrangements which should not be disclosed to the public in order to protect the privacy of the affected individuals. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (c) information that would, if disclosed, confer a commercial advantage on a person with whom

the council is conducting (or proposes to conduct) business. Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life

2.3 Provide well serviced neighbourhoods

2.3.2 Provision of a secure, high quality and reliable drinking water supply services which meets health and environmental requirements and

projected demand


C4 [E-CM] Tweed Southern Boatharbour Licences - Charter Operator REASON FOR CONFIDENTIALITY:

Discussions of a commercial nature between Council and individuals which should remain confidential Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (c) information that would, if disclosed, confer a commercial advantage on a person with whom

the council is conducting (or proposes to conduct) business. Valid


1.3 Delivering the objectives of this plan

1.3.3 Existing and future community assets will be properly managed and maintained based on principles of equity and sustainability


C5 [E-CM] Acquisition of Land for Road - Broadwater Parkway - Area E Terranora


This report relates to commercial negotiations with the affected landowners. Local Government Act This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following: - (c) information that would, if disclosed, confer a commercial advantage on a person with whom

the council is conducting (or proposes to conduct) business. Validms

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK: 2 Supporting Community Life

2.4 An integrated transport system that services local and regional needs

2.4.1 Provide a safe and efficient network of arterial roads connecting neighbourhoods to town centres, employment, shopping, health,



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FINAL Ordinary Council Agenda - 21 July 2016 · Tweed Heads commencing at 5.00pm . Council Meeting...

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