COFFS HARBOUR CITY COUNCIL ORDINARY MEETING (LAND … · 8/21/2008 · Clear blocked drains...

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING (LAND USE, HEALTH & DEVELOPMENT COMMITTEE)

COUNCIL CHAMBERS

COUNCIL ADMINISTRATION BUILDING COFF AND CASTLE STREETS, COFFS HARBOUR

21 AUGUST 2008

Contents

ITEM DESCRIPTION PAGE

GENERAL MANAGER’S REPORT

13 QUARTERLY PERFORMANCE REPORTING FOR QUARTER ENDED 30 JUNE 2008

1

LAND USE HEALTH & DEVELOPMENT DEPARTMENT REPORTS

L17 HERITAGE ADVISORY SERVICE – CHANGES TO FUNDING ARRANGEMENTS

6

L18 DRAFT AMENDMENT NO. 24 TO LOCAL ENVIRONMENTAL PLAN 2000 - LANDS IN THE MOONEE RELEASE AREA AND MAJOR PROJECT APPLICATION 06-0143 (COFFS HARBOUR CITY COUNCIL DEVELOPMENT APPLICATION 631/08)

11

L19 AMENDMENT TO BUSINESS LANDS DEVELOPMENT CONTROL PLAN

19

ctscatherine

Note

Minutes for this meeting will be confirmed at the Land Use, Health and Development Committee Meeting to be held in the Council Chambers, Council Administration Building, on 4 September 2008 commencing at 5.00pm

LAND USE, HEALTH & DEVELOPMENT COMMITTEE 21 AUGUST 2008 - 1 -

COFFS HARBOUR CITY COUNCIL

ORDINARY MEETING (LAND USE, HEALTH & DEVELOPMENT COMMITTEE)

21 August 2008

Mayor and Councillors GENERAL MANAGER’S REPORT

13 QUARTERLY PERFORMANCE REPORTING FOR QUARTER ENDED 30 JUNE 2008

Purpose: To report on the achievement of customer service guarantees and performance targets for the April to June 2008 quarter and the 2007-08 financial year. Description of Item: Council’s Management Plan contains, among other things, customer service guarantees and performance targets for the year. The quarterly performance report describes the actual performance results as compared to the expected performance results. A summary of results for each customer service guarantee is provided in Attachment 1 to this report. A list of significant achievements for the quarter is provided in Attachment 2 to this report. A summary of actual performance against each performance target is detailed in a separate booklet, which is available in the Councillors’ Room. Sustainability Assessment: This report monitors Council’s performance of strategies as outlined in the 2007-2010 Management Plan. An assessment using social, economic and financial indicators applies to individual strategies and an overall assessment is not required. Consultation: Managers from all Council departments have submitted performance reports for objectives that relate to their areas of responsibility. This involved consultation with appropriate staff and capturing data from Council’s electronic information systems.

Cont’d


13 Quarterly Performance Reporting For Quarter Ended 30 June 2008 …(Cont’d) Related Policy and / or Precedents: Quarterly Performance Reports have been submitted to Council since the implementation of Council’s first Management Plan in the 1994/95 financial year. Statutory Requirements: Section 407 of the 1993 Local Government Act requires the General Manager to submit performance reports to Council within two months following the end of each quarter (ie July to September, October to December, January to March and April to June). The report is to describe the extent to which performance targets set out in Council’s Management Plan have been met during the quarter. Council’s Annual Report is to include a yearly review of the achievement of performance targets set out in Council’s Management Plan for that year. Issues: There are 18 principal objectives incorporating 197 performance measures identified in Council’s 2007-2010 Management Plan. Of the performance measures, 189 were achieved for the 2007-08 year. The following performance measures were not achieved.

Original Measure

Revised Measure

Comment

LIVEABLE CITY

Sawtell Town Improvements completed June 2008.

August 2008 Estimated completion by August 2008

BUSINESS ENVIRONMENT

Deliver Industrial Lands Strategy by June 2008.

Adoption by December 2008

Delay due to late receipt of North Boambee Valley Structure plan by consultant. Draft received

Smart City Strategy / Knowledge Industry Plan developed by June 2008.

N/A Not undertaken. Strategy entitled “Education and Training Strategy” developed and implementation commenced

CIVIC INFRASTRUCTURE

Jetty Structure Restoration by June 2008

December 2008 Review of extent of replacement piles delayed progress

Sawtell Headland Improvements completed June 2008

September 2008 LALC issues slowed progress

Integrated Transport Plan completed by June 2008.

October 2008 Resourcing issues hampered progress. Draft due to Council October 2008

Cont’d


13 Quarterly Performance Reporting For Quarter Ended 30 June 2008 …(Cont’d)

UNIQUE ENVIRONMENT

Adoption of Vegetation Strategy by June 2008.

December 2008 Resourcing issues hampered progress. Mapping nearing completion. Draft Strategy being edited

COUNCIL’S ORGANISATION

Development of Coffs Harbour City Council Property Business Plan by June 2008.

To be determined On hold pending outcome of review of water and sewer by State Government

Achievement of 96% of performance measures is considered acceptable. Comparison of Council’s customer service guarantees as detailed in Attachment 1 to this report shows the response time has generally remained at a high level. Implementation Date / Priority: Management will continue to monitor the organisation’s performance with a view to improving service delivery. Recommendation: 1. That Council notes the issues surrounding those measures that have not been

achieved for the period ending 30 June 2008, as listed in the body of this report. 2. That Council note the achievements of customer service guarantees, as outlined in

Attachment 1 of the General Manager’s Report for the April to June 2008 quarter. 3. That Council note the organisation’s significant achievements, as outlined in

Attachment 2 of the General Manager’s Report for the April to June 2008 quarter. 4. That Council note the achievement of performance targets, as outlined in a separate

booklet which is available in the Councillors’ Room for the April to June 2008 quarter. 5. That Council continues to monitor its performance with a view to improving service

delivery. Stephen Sawtell General Manager

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Attachments:

ATTACHMENT 1

CUSTOMER SERVICE GUARANTEES – QUARTERLY COMPARISON Guarantee

2007/2008 Apr-Jun

2006/2007Apr-Jun

Respond to verbal enquiries within three working days

99%

(1,103)

98% (753)

Ensure waiting time at the customer service counter does not exceed five minutes

100%

100%

Respond to major pollution incidents within one hour

N/A (0)

N/A (0)

Investigate 85% of complaints relating to stray dogs and stock within four hours

98% (421)

100% (451)

Attend to 90% emergency call outs within one hour

100%

(9)

100%

(1) Reply to requests for work in public parks within seven days

100% (266)

100% (123)

90% of all requests for building inspections will be attended to within two days

100%

(1,434)

100%

(2,144) 100% development applications will be processed within forty days

83% (352)

84% (340)

Seal potholes on local roads within seven days

100% (66)

100% (41)

Repair or remove dangerous signs within one day

100%

(4)

83% (12)

Repair defective signs within seven days

100% (30)

97% (31)

Grade gravel roads at least once per year

100%

100%

Clear blocked drains causing property damage within twenty four hours

90% (21)

100% (56)

Issue payment certificates within 14 days of receipt of claim from the contractor

84% (19)

77% (13)

Respond to water supply disruptions within two hours

100% (148)

100% (68)

Respond to sewer system failures within two hours

99% (275)

99% (171)

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ATTACHMENT 2

SIGNIFICANT ACHIEVEMENTS 2008-2011 Management Plan and fees and charges adopted Woolgoolga-northern beaches cycleway works from High Street oval to Nelson Street

completed North Bonville Release Area collector road construction commenced Council endorsed the development of the Coffs Harbour City Plan 2030 and Public

notification provided of the commencement of the Coffs Harbour City Plan 2030 Coldwater Creek bridge replacement completed Crime Prevention and Safety Plan 2008-2011 adopted Sawtell CBD improvement works commenced Heritage Strategic Plan placed on public exhibition River Street Woolgoolga CBD Improvements design complete Nana Glen Town upgrade works are nearing completion Revised Developer Contributions Plans, which included a specific rate for SEPP

Seniors living developments, adopted. Bonville Headland refurbishment works commenced Voice Over Internet Protocol (VOIP) trials complete with system to go live early July. Oz Tag State of Origin tournament held at Coffs Coast Sport & Leisure Park Aboriginal Community Development Officer appointed Council resolved to enter into a Memorandum of understanding with Southern cross

University to further strengthen relationships Draft Road Hierarchy Plan placed on public exhibition Open day held at the Shannon Creek dam construction site Japanese garden specialists from Sasebo visited the Botanic Gardens to advise on

the redevelopment of the Japanese Garden Sydney Weekender Coffs Coast special broadcast occurred on 24 May with excellent

feedback Supply and installation of 110 bus stop poles and signs commenced.

Planning for IT2008 Conference commenced Upgrade of Integrated Management System completed Airport passenger growth of 4% for the year achieved Tender accepted for the supply and installation of a pontoon & walkway at the

Harbour boat ramp Water Reclamation Plant works continue on schedule


LAND USE HEALTH & DEVELOPMENT DEPARTMENT REPORT

L17 HERITAGE ADVISORY SERVICE – CHANGES TO FUNDING ARRANGEMENTS

Purpose: This report seeks to inform Council of recent changes to the funding arrangements for Council’s (internal) Heritage Advisor. Prior to and including the last financial year the State Heritage Office (SHO) has provided up to $6,000 to fund Council’s heritage advisory program, which includes a heritage advisory service. Council has formerly provided such a service using an “in-house” Heritage Advisor. The SHO have now informed Council that from next year onward they will no longer fund the heritage advisory position if it is performed “in-house” and that funding will only be received from the SHO if the Heritage Advisor is contracted on an external basis. Background: Council’s Heritage Strategy has been active since mid 2003, when at this time Council appointed an internal Heritage Advisor. The NSW Heritage Office provided funding toward the cost of the duties applicable to a heritage advisory program, as well as the establishment of a local heritage fund to assist landowners of heritage listed sites in the general maintenance and care of their properties. Description of Item: • Role of Heritage Advisor

The primary goal of the Heritage Advisor and of a heritage advisory program is to assist Council and the community to have the appropriate measures and policies in place so as to best conserve and enhance the heritage values of the area. Heritage items include buildings, sites, relics, heritage landscapes and precincts e.g. main streets, cemeteries, archaeological sites, industrial heritage sites and movable items.

• Heritage Fund

The established heritage fund, with Council and the NSW Heritage Office matching dollar for dollar, is made up of $5,000* (*Note: dollar values include GST) from Coffs Harbour City Council. The fund is used for development/alterations/maintenance occurring to heritage items or within conservation areas. Benefits of the fund include: - the encouragement of conservation incentives and promotion of positive community

attitudes to heritage in general; - the encouragement of maintenance and enhancement works on heritage items; and - the provision of a tool for targeting particular heritage projects.

The Heritage Advisor’s role in overseeing the operation of the Local Heritage Fund is also crucial.

Cont’d


L17 Heritage Advisory Service – Changes to Funding Arrangements …(Cont’d) • Effect of Changes to funding arrangements on Council’s Heritage Program

Council is required by legislation to consider heritage issues as a relevant consideration as part of development proposals. Council is required by legislation to keep a register (Schedules 5 and 6 of Local Environmental Plan (LEP) 2000) of heritage items in the local government area (LGA). Council offers the local heritage fund to owners of heritage sites (dollar for dollar funding matched by the SHO). The fund is overseen by Council’s Heritage Executive Committee. These are all functions that, have been previously coordinated and/or overseen by Council’s in house Heritage Advisor.

• Economic Implications

Council has for the past five years included $10,000* toward heritage matters in its annual budget; these funds are supplied from the Land Use Planning section’s budget allowance. Each year this money has been divided between the local heritage fund and the internal heritage advisory service provided by Council (usually split approximately 50/50). The SHO have recently announced that the amount of funding offered to Councils has increased to $15,200* ($7000 toward Heritage Advisor costs and $8,200 for the Local Heritage Fund). It is recommended that Council increase this level of funding to match the funding offered by the SHO, to ensure that Coffs Harbour is giving the best possible attention to its heritage resources. This would require that Council increase Council’s agreed share of costs from $10,000 to a maximum of $15,200 to fund both the Local Heritage Fund and costs associated with an external heritage advisory service. This will ensure that the Local Heritage Fund is able to continue to provide this service in its current capacity to support owners of heritage items and enhance the heritage quality of the LGA. Should an external Heritage Advisor be sought, the position would be a part time one. It is envisaged that an external Heritage Advisor would spend approximately one to two days per month performing the required duties. The maximum level of funding offered by the SHO for an external Heritage Advisor is $7000 per year, which would mean that Council could also provide $7,000, being a total of $14,000 offered for the part time position. Council has previously indicated that it would fund up to $10,000 for both the local heritage fund and the Heritage Advisor duties, effectively meaning that the money is split in half between the two.

• Future Actions

The SHO have a list of heritage consultants (from Northern NSW) on its website, none of whom are situated in Coffs Harbour. However, a few local names do exist that may have the appropriate qualifications to adequately perform in this role. The SHO will ultimately decide who to employ in this position. The next step for Council will most likely be to call for expressions of interest for the position and gauge how many (if any) qualified persons are available (and willing to take on the role) and the likely expectant price range for those persons.

Cont’d


L17 Heritage Advisory Service – Changes to Funding Arrangements …(Cont’d) Sustainability Assessment: • Environment

Coffs Harbour LGA features several items of European/non Aboriginal heritage from the mid 19th Century. Many of these items provide first hand information about how Coffs Harbour developed, who was involved in this development, how they lived their lives and how they built their living environment. These items provide Coffs Harbour with its built heritage and are therefore worthy of passing on to future generations.

• Social

Conserving our heritage helps us to understand our cultural development and to contribute to the lives of future generations. It gives us a sense of community and belonging to the place where we live; a sense of place.

• Economic

Maintaining heritage items provides scope for the employment of people with specialist skills and training. Heritage items can readily be promoted and become an integral component of Council's tourist and business attraction program. Maintenance of heritage items is beneficial to the economic development of the City.

Consultation: Council has been in constant contact with the SHO regarding this issue. The SHO have communicated to Council that it will not fund an “internal” heritage advisor position from 08/09 onward. The Finance Branch have been consulted and indicate that funds are available from the 2007/2008 Heritage Program to cover the increased Council contribution and this will be done through the revote process. Related Policy and / or Precedents: Funding from the SHO has so far been in two key areas of heritage planning: the Local Heritage Fund and the heritage advisory service. The establishment of the Local Heritage Fund was endorsed by Council on 23 May 2002. Council also endorsed the appointment of an in-house heritage advisory service which provides advice, both internally and externally on heritage matters. The Heritage Advisor also oversees the implementation of Council’s Heritage Strategy, which includes the co-ordination of Council’s Heritage Executive Committee, as well as the Local Heritage Fund.

Cont’d


L17 Heritage Advisory Service – Changes to Funding Arrangements …(Cont’d) At this time it was also moved that Council fund its share of costs to a maximum of $10,000 for both the Local Heritage Fund and also costs associated with the in-house heritage advisory service. The money is funded from the Land Use Planning Branch budget. The reason for the “in-house” approach to the heritage advisory role was chosen because at that time no suitable external candidates were available to perform the function. The SHO at the time agreed to the appointment of an “in-house” Heritage Advisor, however have recently amended this position to exclude in-house heritage advisors from funding. Statutory Requirements: Local government responsibility for heritage management is enshrined within two acts – the Heritage Act 1977 and the Environmental Planning and Assessment Act 1979. Together, they establish the legislative framework for heritage management in NSW and ensure that heritage forms an integral part of the planning system.

Issues: • Impact on Council’s Heritage Program

As demonstrated above, Council’s heritage advisor plays a crucial role in the efficient operation of Council’s heritage program. Employing an external heritage advisor would continue the provision of this service that contributes to the cultural well-being of the Coffs Harbour LGA. Not employing an external heritage advisor would severely impact upon Council’s heritage program to the point where most services provided by the program would cease.

• Budget Implications

Increasing Council’s share of the dollar for dollar funding from $10,000 annually to $15,200 annually would ensure that Council’s heritage program remains in a position to positively contribute to the cultural diversity, sense of place and unique identity of Coffs Harbour.

Conclusion: This report demonstrates that the Heritage Advisory Program is an important feature of Council’s overall heritage program. Changes to the SHO funding offer to local councils mean that (dollar for dollar) funding will only be offered to Council’s that employ an “external” Heritage Advisor with appropriate qualifications. In order to ensure that Coffs Harbour’s heritage resources are getting the greatest attention possible, Council would need to:

(a) increase its share of funding for its Heritage Program and; (b) employ an external Heritage Advisor. Implementation Date / Priority: Council currently has a financial agreement with the NSW Heritage Office up to and including the 2008 / 2009 financial year (details outlined above), where the SHO will provide up to $15,200.00 (dollar for dollar funding including GST) ($13,818 excluding GST) toward the operation of a heritage advisory program as well as a Local Heritage Fund. In order to maximise the benefits from this funding offer, it is recommended that Council’s share of the funds be secured as soon as possible out of surplus funds from 2007/2008 Heritage Program i.e. increase Council’s commitment from $10,000 to $15,200.

Cont’d


L17 Heritage Advisory Service – Changes to Funding Arrangements …(Cont’d) Recommendation: In recognition of the valuable contribution of Coffs Harbour’s heritage resources to the overall sense of place and cultural well-being of the area, it is recommended that Council endorse the following actions: a. To increase Council’s agreed share of costs from $10,000 to a maximum of $15,200 (GST

inclusive) for both the Local Heritage Fund and also costs associated with an external heritage advisory service.

b. That Council call for Expressions of Interest for the position of Coffs Harbour City

Council Heritage Advisor on a part time basis (one to two days per month).


L18 DRAFT AMENDMENT NO. 24 TO LOCAL ENVIRONMENTAL PLAN 2000 - LANDS IN THE MOONEE RELEASE AREA AND MAJOR PROJECT APPLICATION 06-0143 (COFFS HARBOUR CITY COUNCIL DEVELOPMENT APPLICATION 631/08)

Purpose: The purpose of this report is to: (i) provide an update on the status of Local Environmental Plan (LEP) 2000 (Amendment No.

24);

(ii) provide an update on a Major Project Application 06-0143 (Coffs Harbour City Council (CHCC) Development Application (DA) 631/08);

(iii) provide information on a parcel of land, subject of the LEP Amendment and Major Project Application, currently zoned Open Space, 6A Public Recreation under LEP 2000; and

(iv) recommend that Council adopt the subject LEP which proposes to rezone Part Lot 1, DP725785, Pacific Highway, Moonee from Open Space 6A Public Recreation to Environmental Protection 7A Habitat and Catchment provided as an attachment to this report.

Background: LEP 2000, Council’s City-wide LEP, was gazetted by the Minister for Urban Affairs and Planning on 20 April 2000. A Local Environmental Study (LES) was prepared to provide a basis for the preparation of LEP 2000. Council adopted the LES on 12 July 1997. A Strategic Management Plan (SMP) was also prepared to link the findings under the LES with the new LEP (i.e. LEP 2000). One of the recommendations of the SMP was to monitor and review the new LEP every two years.

Cont’d


L18 Draft Amendment No. 24 to Local Environmental Plan 2000 - Lands in the Moonee

Release Area and Major Project Application 06-0143 (Coffs Harbour City Council Development Application 631/08…(Cont’d)

LEP 2000 as it applies to the Moonee Release Area had not been reviewed until the recent preparation and public exhibition of draft LEP Amendment No. 24. Council, at its Planning Environment and Development Committee meeting of 16 September 2004 resolved as follows with respect to lands within the Moonee Release Area:

3. That pursuant to Section 54 of the Environmental Planning and Assessment Act, Council prepare a draft Local Environmental Plan for zone changes in the Moonee area (as circulated), and seek a Section 65 Certificate from the Department of Infrastructure, Planning and Natural Resources to allow exhibition of the Plan.

4. That Council negotiate with the owners of Lot 66 DP 551005 and Lot 122 DP 1052566 (designated as 'protected' lands in the Development Control Plan) regarding the potential dedication of land containing native vegetation in exchange for some clearing to allow housing development and, upon completion of these negotiations, a report be brought back to Council.

Land in Moonee has been zoned for residential purposes for many years, and has been identified as a major growth area for the City. Council, at its Planning Environment and Development Committee meeting of 16 September 2004, adopted the Moonee Development Control Plan (DCP) 2004 and the Moonee Developer Contributions Plan 2004. These plans came into force on 22 September 2004 with all development applications submitted to Council now being assessed in accordance with them. The Moonee DCP and Developer Contributions Plan were revised in 2004 due to a change in the understanding and policy direction in relation to biodiversity and vegetation management, new legislation on bushfire management, State Environmental Planning Policy (SEPP) No. 71 – Coastal Protection, and Council’s Water and Waste Water Servicing Plans. During the preparation of the Moonee DCP, it was discovered that there was conflict between the proposed DCP and Coffs Harbour City LEP 2000. As a result, a draft LEP was prepared to amend the zonings in the Moonee Release Area to better reflect future planning in the area. These changes related to the following: • Heavily constrained land currently zoned residential to be zoned environmental protection;

• Neighbourhood Business 3F Centre to be zoned Business 3C Town Centre; and

• Residential Tourist to be zoned 2A Low Density Residential. Description of Item: Council has held draft LEP Amendment No. 24 Moonee in abeyance subsequent to meetings and discussions with the Department of Planning (DoP). A recent application under Part 3A – Major Projects for “The Glades” (Lots 1 and 2, DP725785) has been referred to Council by the DoP. The application before the DoP for Council to comment on is for project approval (development consent) for 524 lots.

Cont’d




A major issue for Council is that part of the land is zoned Open Space 6A Public Recreation; under this zoning and through clause 20 of LEP 2000 the land owner can request Council to acquire said lands. In addition, this type of financial exposure is not in the public’s best interest. Council’s current Moonee Developer Contributions Plan does not provide funds to acquire this land. Liaison with the landowner’s agent has progressed some further potential modifications to the exhibited draft LEP which has resulted in the additional density/yield being achievable. In order to limit the exposure of Council to extensive compensation for the acquisition Council wrote to the landowner’s agent in 2005, agreeing to further modify the zoning on the provision of an indemnity to land acquisitions. As Council have not received such written indemnity it is suggested that Council now progress to DoP a response indicating that the recommendation will be to change the 6A zoned lands on this site under LEP Amendment No. 24 to a 7A zone. Sustainability Assessment: • Environment

The subject draft LEP aimed to rezone land in the Moonee Release Area to protect the Moonee estuary, native vegetation and habitat areas. Land required for water quality buffers to the Moonee Creek is a critical component of the protection and ongoing management of the estuary and the Solitary Marine Park. The Draft Moonee Estuary Management Plan once adopted will ensure ongoing protection of estuarine environments in the Moonee Release Area. Council is currently reviewing its comprehensive Koala Plan of Management for the Coffs Harbour LGA and this will further assist in directing development away from sensitive areas as well as providing a clear direction for investment opportunities in not only the Moonee Release Area but also the entire LGA.

• Social

The aim of any LEP is to improve the wellbeing of people within the City. The development of Moonee will change its character from a village to a town. The Moonee Release Area DCP has already allowed for the equitable provision of social services and facilities for the community. In addition, a range of housing types and sizes are to be required by the DCP, providing for a future mix of social groups.

• Economic

The Moonee Release Area DCP provides for the continued growth of the City. The Developer Contributions Plan implements a “user-pays” system for the provision of services and facilities. As a result, it is expected that not proceeding with the subject LEP amendment will not have any adverse economic impacts.

Cont’d




Consultation: Ongoing meetings (approximately 12) with the landowner/developer and their agents, since 2005, have failed to achieve submission by the landowner of a written indemnity to cover Council on the land acquisition. Council also requested the DoP include the following statement in its consideration of the Major Project Application:

“Council seek that a condition is imposed on any consent issued by the Department to say that any open space land or conservation land, identified in the Development application, be dedicated free of charge to CHCC. The draft Local Environmental Plan (Amendment No. 24) on Lots 1 and 2, DP725785 will be subject to a further report to Council, in 2008, with a staff recommendation to change the 6A Open Space zones adjacent Skinners Creek and Moonee Creek to 7A Environmental Protection.”

Related Policy and / or Precedents: The subject draft LEP has been prepared in accordance with the findings and recommendations of the Moonee DCP 2004. However, due to recent amendments to various State government legislation, the Draft LEP is unable to be finalized at this point in a timely manner. A better outcome for the Moonee Release Area is the incorporation of the outstanding matters of draft LEP Amendment No. 24 into the Standard LEP template. This will ensure that the relevant studies have been prepared to justify any major zoning changes for the area and will allow the DoP to deal with any Part 3A applications. There is the need to progress the amendment as it applies to Part Lot 1, DP725785. Statutory Requirements: The subject draft LEP has been prepared in accordance with the Environmental Planning and Assessment Act, 1979 and is not inconsistent with any relevant State Environmental Planning Policies, the North Coast Regional Environmental Plan, draft Mid North Coast Regional Strategy, Section 117 Ministerial Directions or the Coastal Policy. However, it is in Council’s best interests to proceed with any zone changes in the Moonee Release Area cautiously and prepare the relevant studies before proceeding any further. Issues: 1. The land is currently zoned Open Space 6A Public Recreation. Clause 20 of LEP 2000

allows the landowner to request Council to acquire the land.

2. Council’s current Moonee Developer Contributions Plan 2008 does not provide funds to acquire this land.

4. Council need to progress an amendment to LEP 2000 (as exhibited 4 April 2005 to May 2005) to rezone the land on Part Lot 1, DP725785 from 6A to 7A as it is in the public’s best interest as well as minimising the financial exposure to Council.

Cont’d




5. The other lands of subject LEP Amendment No. 24 be deferred and included in the Standard

LEP Template process currently underway.

6. Council need to progress an amendment to the Moonee Developer Contributions Plan to take into account the increased lot yield.

7. Council’s Section 94 Officer indicates that the proposed yield for the development exceeds Council’s concept i.e. 524 lots under 06/0143 (DoP Number) Council DA 631/08 versus 486 lots under the adopted DCP, therefore the contributions plan needs to be reviewed.

Implementation Date / Priority: In order to limit Council’s exposure to compensation via acquisition this recommendation needs to be endorsed by Council and progressed as soon as practicable. Recommendation: 1. That Council support the rezoning of the part Coffs Harbour City Local Environmental

Plan Amendment No. 24 applying to Part Lot 1, DP 725785, Pacific Highway, Moonee Beach from Open Space 6A Public Recreation to Environmental Protection 7A Habitat and Catchment.

2. That Council progress the part of Coffs Harbour City Local Environmental Plan Amendment No. 24 applying to Part Lot 1, DP725785 to the Department of Planning seeking gazettal of that area (provided as an attachment to this report).

3. That Council defer further consideration of draft Local Environmental Plan Amendment No. 24 with the exception of that part of the amendment applying to Part Lot 1, DP725785 until the major review of Coffs Harbour City Local Environmental Plan 2000 is undertaken in accordance with the Department of Planning’s Standard Local Environmental Plan Template.

4. That Council progress an amendment to the Moonee Developer Contributions Plan. 5. That relevant persons (specifically the landowner and agents for Part Lot 1, DP725785)

be advised of Council’s decision.

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Attachments:

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

COFFS HARBOUR CITY LOCAL ENVIRONMENTAL PLAN 2000

(AMENDMENT NO. 24) I, the Minister for Planning, in pursuance of section 70 of the Environmental Planning and Assessment Act 1979, make the local environmental plan set out hereunder. (G… … … …)

Minister for Planning Sydney, 2008

_______________________ 1. Name of Plan

This plan is Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 24). 2. Aims, objectives etc

This plan aims to rezone land in Moonee:

• to protect the environmental integrity of Skinners Creek

• to reflect detailed planning of the area

• to protect the best interests of the public. 3. Land to which plan applies

This plan applies to Part Lot 1, DP725785, Pacific Highway, Moonee Beach as shown edged heavy black and lettered “7A” on the map marked “Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 24)” deposited in the office of Coffs Harbour City Council.

4. Amendment of Coffs Harbour City Local Environmental Plan 2000

Coffs Harbour City Local Environmental Plan 2000 is amended as set out in Schedule 1.

_______________________ SCHEDULE 1 - AMENDMENTS [1] Part 6 - Dictionary

Inserting in Part 6 – Dictionary, in appropriate order in the definition of the map the following words:

“Coffs Harbour City Local Environmental Plan 2000 (Amendment No. 24)”

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L19 AMENDMENT TO BUSINESS LANDS DEVELOPMENT CONTROL PLAN

Purpose: The purpose of this report is to: 1. provide comment on submissions received during the exhibition of the Coffs Harbour City

Draft Business Lands Development Control Plan (DCP); and 2. recommend that Council adopt the amended Draft Business Lands DCP (provided as an

attachment to this report).

Background: Council, at its Land Use, Health and Development Committee meeting held on 1 November 2007, resolved as follows with respect to Amendment No. 31 to Local Environmental Plan (LEP) 2000:

1. Council note that staff are liaising with the Roads and Traffic Authority, the Department of Planning and the landowners’ planning consultant to assist in the gazettal of Draft Local Environmental Plan No. 31 – Halls Road as expeditiously as possible.

2. Council endorse, in principle, the use of a Developer Principles Plan and modification of the

Business Lands Development Control Plan upon gazettal of the subject lands. Description of Item: On 5 June 2008, Council resolved to place the Draft Business Lands DCP on exhibition. The Draft DCP was placed on exhibition from Thursday, 19 June 2008 to Monday, 28 July 2008; Council has received two submissions to the Draft DCP. Details of the matters raised in the submissions and subsequent actions taken are discussed in the “Issues” section of this report.

Cont’d


L19 Amendment to Business Lands Development Control Plan …(Cont’d) Sustainability Assessment: • Environment

The incorporation of the Developer Principles Plan (DPP) into the Business Lands DCP will not have any significant adverse impact on the environmental sustainability of the lands within the Halls Road precinct. The DPP requires the rehabilitation of the drainage channel and that all stormwater drains run under the highway and discharge into the existing open channel on the eastern side of the highway.

• Social

The inclusion of the DPP into the Business Lands DCP will provide additional opportunities to establish better pedestrian and cycle links within the Halls Road area.

• Economic

Broader Economic Implications

It is not envisaged that there will be any significant adverse economic impact as a result of the incorporation of the DPP into the Business Lands DCP.

Management Plan Implications There are no likely management plan implications envisaged as a result of the incorporation of the DPP into the Business Lands DCP.

Consultation: The need for the inclusion of the DPP into the Draft Business Lands DCP has involved input and comment from the City Services Department. In addition, the Draft DCP was referred to relevant staff during the exhibition period for their comment. The Draft DCP was placed on exhibition from Thursday, 19 June 2008 to Monday, 28 July 2008 and all adjoining neighbours and key relevant stakeholders were advised in writing on 18 June 2008 seeking their comment/input into the proposed amendment. Subsequently, two submissions were received. Related Policy and / or Precedents: This review has been undertaken in accordance with Council’s resolutions of 1 November 2007 and 5 June 2008 and the Environmental Planning and Assessment Regulations 2000. Statutory Requirements: The amendment to the Business Lands DCP has been prepared in accordance with the provisions outlined in the Environmental Planning and Assessment Act 1979 and associated Regulations.

Cont’d


L19 Amendment to Business Lands Development Control Plan …(Cont’d) Issues: The following issues have been raised in submissions received during the exhibition of the amendment to the Draft Business Lands DCP. A copy of the two submissions are provided as a separate attachment for each Councillor. • Closure of Halls Road crossover

The existing Caltex Service Station, at Lot 11, DP1076396, is serviced by three driveway crossovers. The two fronting the Highway are for access and egress whilst the Halls Road crossover is for dual access/egress purposes. The Halls Road entry is the only means for south bound motorists to enter the premises and is also required for patrons parking in the northern portion of the site to safely exit the site. Although there is a need to close the Halls Road crossover for the safe and efficient ingress and egress to and from the Caltex Service Station site for vehicles, a better link on the western boundary of the land can be explored in detail at a later date once the specific intentions of the adjoining landowner are known. The closure of the existing Halls Road crossover to the Caltex Service Station would not occur until an alternative access from Halls Road is provided.

• New road link to site to west The DPP shows a “possible new road link” connecting the Caltex Service Station and the adjoining property to the west. In order to alleviate the concerns of the Caltex Service Station owners, an appropriate compromise to the proposed amendment as currently shown in the DPP is to move the Halls Road crossing closer to the western boundary of the subject site which will also address issues and concerns related to the proximity to the Highway junction, without significantly impacting with the operations of this business.

• New bus stop During the planning for the Halls Road precinct, the need for a bus stop has been identified. Since the owners of the Caltex Service Station have advised that they have future plans to redevelop the site, the exact location of a bus stop should be deferred and considered in more detail once the intentions of both these landowners are known.

• The Halls Road business precinct is subject to local flooding and needs to be raised one metre to bring it up to the level of the Pacific Highway A flood study prepared in 2003 for lands in the Halls Road precinct recommended that these lands be filled to the same level as the Pacific Highway to reduce the likelihood of any adverse impacts on adjoining properties. It is advisable that the landowner of Lot 10, DP1076396 be required to prepare a detailed up-to-date flood study of this land at the development application (DA) stage.

Cont’d


L19 Amendment to Business Lands Development Control Plan …(Cont’d) • A fence three metres from the drain is to be erected on site to allow for maintenance of

the drain Any issues relating to fencing of sites is best addressed at the DA stage once the exact intentions for relevant land parcels are known.

• There should only be one entrance into the business precinct and it should be the same width as Bonnie Street, to have two entrances on this site is a recipe for disaster Definitive locations for entrances to properties and the width of these access points will be finalized once DAs outlining the specific intentions for the subject lands are known.

• Mixed use development and housing should not be paired together. Any development units belong in the Industrial Estate The two key land parcels in the Halls Road precinct proposed to be redeveloped are zoned Business 3B City Support. All proposed DAs will be assessed in accordance with the aims and objectives of this zone as well as a number of other Council plans and policies as well as the requirements of other State government bodies and legislation.

• “What Halls Road doesn’t want is another thirty odd cars on this site using Halls Road, this street is busy enough in its present state” The incorporation of the DPP into the Business Lands DCP ensures that safe and appropriate traffic management measures are incorporated into future development proposals in the area. Site specific traffic studies should be required with any DA.

• “If Council pass this application on its present plan then anything could be placed on this site” All DAs lodged with Council go through a comprehensive and rigorous assessment process in accordance with the Environmental Planning and Assessment Act 1979; relevant Council plans and policies; and relevant legislation of other State government authorities e.g. Roads and Traffic Authority.

• Under the heading “Legend” buildings are shown as indicative only At the time of preparation of the DPP, no DA had been lodged with Council for any of the key land parcels in the Halls Road precinct. Therefore, buildings can only be shown in an indicative capacity until these DAs are actually lodged with Council in a formal manner.

• The Council should instruct the owners of Bellbowrie Motors that all car carriers will load and unload on their site and not in Halls Road which has been the practice for a number of years and has only added to the congestion of the area The best way to control this is with conditions of consent. The landowner has indicated that a DA will be lodged soon. To ensure the safety of existing and future landowners in the area, all business activities associated with the land parcels should be undertaken on-site.

Cont’d


L19 Amendment to Business Lands Development Control Plan …(Cont’d) • “A Housing Estate should not be established on this site. Traffic is already a problem in

Halls Road and with a new bus stop to be established we feel the land could be put to better use” The owners of lands in the Halls Road precinct are entitled to lodge DAs for land uses that meet the aims and objectives of the Business 3B City Support zone. “Multi unit housing” is one such activity. Any DA lodged for these lands will be assessed in accordance with all the legislative requirements already mentioned in this report.

Implementation Date / Priority: The finalisation of Council’s plans and policies following on from the public exhibition period is routine procedure. In this instance, it is imperative that the Business Lands DCP be finalised as development applications are imminent and it is in the public’s best interest to ensure that development in the Halls Road area is in accordance with the DPP. Should Council adopt the amended Business Lands DCP, it will become effective once it has been notified in the local newspaper. Recommendation: 1. That Council in accordance with Division 3, Regulation 21 of the Environmental

Planning and Assessment Regulation 2000 adopt the amended Business Lands Development Control Plan attached to this report.

2. The adoption of the amended Business Lands Development Control Plan be notified publicly.

3. Parties who lodged submissions to the amended Business Lands Development Control Plan be notified of Council’s decision.

Mark Salter Director Land Use, Health and Development

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