Attachments of Extraordinary Council Meeting

1.2	Confirmation of Minutes of Previous Meeting
*Attachment 1*	*Minutes - Ordinary Meeting - 14 December 2020*

Central Coast Council

Ordinary Council Meeting

Held in the Council Chamber

2 Hely Street, Wyong

14 December 2020

MINUTES

Present

Dick Persson AM

In Attendance

Rik Hart Acting Chief Executive Officer

Malcom Ryan Chief Operating Officer

Boris Bolgoff Director Roads, Transport, Drainage and Waste

Julie Vaughan Director Connected Communities

Scott Cox Director Environment and Planning

Jamie Loader Director Water and Sewer

Natalia Cowley Chief Financial Officer

Krystie Bryant Executive Manager People and Culture

Notes

The Administrator, Dick Persson AM, declared the meeting open at 6.37pm and advised in accordance with the Code of Meeting Practice that the meeting is being recorded.

The Administrator, Dick Persson AM acknowledged the traditional custodians of the land on which the meeting was being held, and paid respect to Elders past, present and emerging.

The Administrator, Dick Persson AM adjourned the meeting at 6.39pm and advised the meeting would resume following the conduct of the Open and Public Forums.

The Open Forum commenced at 6.40pm with the speakers addressing the Council on each of the subjects below;

· Mr Stephen Sizer – Current financial situation

· Mr Norman Harris – Community consultation and DA assessments

· Ms Gaye Murrills – DA97/2020 – 604 Ourimbah Creek Road, Palm Grove

· Mr Jonathon Canavan – Old Sydney Town Site

· Ms Liz Gabriel – Development concept of World Village

The Public Forum commenced at 7.05pm with the speakers addressing the Council on each of the items below;

Item 4.1 – Draft Central Coast Local Environmental Plan and Draft Central Coast Development Control Plan - Supplementary Report

· Mr Brian Barry

· Ms Sandra Kay

· Mr Mark Ellis

· Mr Kevin Haskell

· Mr Phil King

· Ms Dianna Arundell

· Mr Ron Stead

· Mr Jonathon Canavan

· Mr John Edwards

Item 4.5 – RZ/2/2015 Planning Proposal – Parraweena Road, Gwandalan

· Mr Jeremy Quek

The Public Forum closed with the Ordinary Meeting resuming at 7.50pm.

Procedural Motion

Time commenced: 7.50pm

Moved: Mr Persson AM

Resolved

1277/20 That Council consider item 4.1 – Draft Central Coast Local Environmental Plan and Draft Central Coast Development Control Plan - Supplementary Report first with the remaining items in order.

1.1 Disclosures of Interest

Item 4.1 – Draft Central Coast Local Environmental Plan and Draft Central Coast Development Control Plan - Supplementary Report

Malcolm Ryan, Chief Operating Officer declared a less than significant non pecuniary interest in the matter as he owns property within the draft Central Coast Local Environmental Plan. He chose to stay in the meeting and participate in discussion on this matter as it does not prejudice or influence his decision on the matter as there is no material effect on his interests.

Scott Cox, Director Environment and Planning declared a less than significant non pecuniary interest in the matter as he owns property within the draft Central Coast Local Environmental Plan. He chose to stay in the meeting and participate in discussion on this matter as it does not prejudice or influence his decision on the matter as there is no change to his land zoning or density.

Time commenced: 7.54pm

Moved: Mr Persson AM

Resolved

1278/20 That Council receive the report on Disclosure of Interest and note advice of disclosures.

1.2 Confirmation of Minutes of Previous Meeting

Time commenced: 7.54pm

Moved: Mr Persson AM

1279/20 That Council confirm the minutes of the Ordinary Meeting of Council held on the 30 November 2020 and the Extraordinary Meeting of Council held 2 December 2020.

1.3 Notice of Intention to Deal with Matters in Confidential Session

Time commenced: 7.54pm

Moved: Mr Persson AM

Resolved

1280/20 That Council receive the report and note that no matters have been tabled to deal with in a closed session.

1.4 Administrator's Minute - Recruitment of ongoing Chief Executive Officer

Time commenced: 7.54pm

Moved: Mr Persson AM

Resolved

1281/20 That Council give consideration to the Guidelines for the Appointment and Oversight of General Managers issued under section 23A of the Local Government Act 1993 in determining the selection panel to undertake the recruitment of a Chief Executive Officer.

1282/20 That the selection panel provide a report to Council following the recruitment process that makes a recommendation as to appointment for determination by the Council.

1.5 Administrator's Minute - Special Rate Variation application by Council

Time commenced: 7.55pm

Moved: Mr Persson AM

Resolved

1283/20 That, in addition to the resolution of 26 November 2020, Council endorse the undertaking of community consultation on a potential application to the Independent Pricing and Regulatory Tribunal for a one-off Special Variation of 13% in 2021/22 to remain permanently, which plus the 2% rate peg increase in 2021/22 represents a total rate increase of 15% for 2021/22.

1284/20 That a further report be provided to Council regarding community consultation undertaken for Council to determine any final application to be made to the Independent Pricing and Regulatory Tribunal for a one off Special Variation in 2021/22.

2.1 Business Recovery Plan

Time commenced: 7.58pm

Moved: Mr Persson AM

Resolved

1285/20 That Council note the report “Business Recovery Plan – Status Report”.

2.2 Investment Report for November 2020

Time commenced: 8.00pm

Moved: Mr Persson AM

Resolved

1286/20 That Council receive the Investment Report for November 2020.

2.3 Policy for Investment Management

Time commenced: 8.03pm

Moved: Mr Persson AM

Resolved

1287/20 That Council note that a review of the Policy for Investment Management has been undertaken and changes to the policy has been presented to the Audit, Risk and Improvement Committee (ARIC).

1288/20 That Council adopt the Policy for Investment Management.

3.1 Meeting Record of the Social Inclusion Advisory Committee meeting held 14 October 2020

Time commenced: 8.04pm

Moved: Mr Persson AM

Resolved

1289/20 That Council note the Meeting Record of the Social Inclusion Advisory Committee meeting held 14 October 2020 that is Attachment 1 to this report.

1290/20 That Council appoint Michael Schell as a voting community representative of the Social Inclusion Advisory Committee in light of Bert Cottee’s resignation, and that the Terms of Reference (Attachment 2) be adopted accordingly.

3.2 Meeting Record of the Town Centre Advisory Group Meeting held on 15 September 2020

Time commenced: 8.04pm

Moved: Mr Persson AM

Resolved

1291/20 That Council note the Meeting Record of the Town Centre Advisory Group Meeting held on 15 September 2020.

3.3 Consideration of Submissions and Adoption of the Graffiti Management Strategy

Time commenced: 8.04pm

Moved: Mr Persson AM

Resolved

1292/20 That Council note that the Draft Graffiti Management Strategy was publicly exhibited from 17 August 2020 to 13 September 2020.

1293/20 That Council consider the submissions received (Attachment 2) during the exhibition period.

1294/20 That Council note and endorse the amendments recommended in this report.

1295/20 That Council adopt the Central Coast Graffiti Management Strategy (Attachment 1) and make it available on Council’s website.

4.1 Draft Central Coast Local Environmental Plan and Draft Central Coast Development Control Plan - Supplementary Report

Time commenced: 7.53pm

Moved: Mr Persson AM

Resolved

1296/20 That Council adopt the draft Central Coast Local Environment Plan (CCLEP) and Central Coast Development Control Plan (CCDCP) as amended in response to issues raised during the public exhibition in line with the changes as shown in Attachment 5.

1297/20 That Council request The Department of Planning, Industry & Environment (DPIE), under Section 3.36 of the Environmental Planning and Assessment Act 1979 (EP&A Act), to defer the inclusion of lands currently identified as Deferred Matters under Gosford Local Environmental Plan 2014 (GLEP 2014) from CCLEP.

1298/20 That an Environmental Lands Review and Planning Proposal to review the Deferred Matters under Gosford Local Environmental Plan 2014 (GLEP 2014) be commenced and that this project be given a high priority on the Strategic Planning Unit’s work program.

1299/20 That Council resolve that the Chief Executive Officer (CEO) or Acting CEO may make other minor alterations to the planning proposal, draft CCLEP and draft CCDCP as deemed necessary.

1300/20 That Council advise all those that made a submission of the decision.

1301/20 That Council resolve to engage an independent planning consultant to conduct a review of the current zoning of the Lots 2 to 7 DP249281 and Lot 11 DP 598580 475 to 535 Pacific Highway Crangan Bay and the submissions made by the owners of this property.

1302/20 That Council requests the Chief Executive Officer to negotiate the funding for this review and its terms of reference with the current property owners.

1303/20 That Council resolve to have this reported to Council in February 2021.

4.2 Coastal Zone Management Plan and Emergency Action Sub Plan

Time commenced: 8.06pm

Moved: Mr Persson AM

Resolved

1304/20 That Council note the report on the Coastal Zone Management Plans and Emergency Action Sub Plan for Wamberal - Terrigal Beach.

4.3 Activities of the Development Assessment & Environment and Certification Units - July to September 2020 - Quarter 1

Time commenced: 8.11pm

Moved: Mr Persson AM

Resolved

1305/20 That Council notes the report on Activities of the Development Assessment & Environment and Certification Units - July to September 2020 - Quarter 1.

4.4 Council Representatives to Regional Planning Panel

Time commenced: 8.12pm

Moved: Mr Persson AM

Resolved

1306/20 That Council appoint the following representatives as Central Coast Council nominees to the Hunter Central Coast Regional Planning Panel Council:

Greg Flynn (Panel Nominee - from ‘expert’ Local Planning Panel list)

Anthony Tuxworth (Panel Nominee from ‘community’ Local Planning Panel list)

Stephen Leathley (Alternate Nominee from ‘expert’ Local Planning Panel list)

Lynette Hunt (Alternate Nominee from ‘community’ Local Planning Panel list )

1307/20 That this representation on the Hunter Central Coast Regional Planning Panel be for the period of Council suspension under the provision of the Local Government Act 1993.

4.5 RZ/2/2015 Planning Proposal - Parraweena Road, Gwandalan

Time commenced: 8.13pm

Moved: Mr Persson AM

Resolved

1308/20 That Council endorse the Planning Proposal as exhibited to rezone part Lot 1 DP 1043151 and Lot 20 DP 1089946 Parraweena Road, Gwandalan to R2 Low Density Residential, R1 General Residential and B2 Local Centre under Wyong Local Environmental Plan 2013 or the Central Coast Local Environmental Plan (whichever is in effect) and forward to DPIE to make the plan.

1309/20 That Council note the removal of Council’s plan making delegation for this proposal.

1310/20 That all those who made a submission be notified of the decision.

1311/20 That Council adopt the site-specific Development Control Plan Chapter – Gwandalan Centre as Chapter 6.31 within Wyong Development Control Plan 2013, and as Chapter 5.56 within the Central Coast Development Control Plan (when it comes into effect), which shall come into effect upon notification of the plan.

1312/20 That Council commence the reclassification of part Lot 1 DP 1043151.

5.1 Minutes of the Audit, Risk and Improvement Committee held on 17 June 2020

Time commenced: 8.14pm

Moved: Mr Persson AM

Resolved

1313/20 That Council note the Minutes of the Audit, Risk and Improvement Committee held on 17 June 2020 as attached.

6.1 Meeting Record of the Heritage Advisory Committee meeting held 7 October 2020

Time commenced: 8.14pm

Moved: Mr Persson AM

Resolved

1314/20 That Council note the report on Meeting Record of the Heritage Advisory Committee meeting held 7 October 2020.

The Meeting closed at 8.14 pm.

Individual	Position
Michael Filo	Member, Property and/or Economic Development (Chair)
Steve Rowe	Member, Property and/or Economic Development

Individual	Position
Rik Hart	Chief Executive Officer (Chair)
Natalia Cowley	Director, Corporate Affairs/ Chief Financial Officer (CFO)
Jamie Barclay	Manager, Economic Development (Project Manager)

Individual	Position
Jamie Barclay (Project Manager)	Unit Manager, Economic Development and Property (Chair)
Ben Brown	Property Development Manager
Joe O’Connor	Property Development Manager
Rochelle Kirk (TBC)	Independent Probity Advisor Principal, O’Connor Marsden & Associates

Contents

Contents. 2

Purpose. 4

Policy summary. 4

Background.. 4

General 5

Policy Statements. 5

Investment Guidelines. 6

Investments. 6

Accounting and Reporting.. 7

Independent Financial Advisor 7

Investment Guidelines. 8

Risk Management 8

Credit Risk. 9

Concentration Risk (Counterparty/Institution Credit Framework) 10

Product, Interest Rate and Income Risk / Term to Maturity Framework. 10

Regulatory, Fraud and Safekeeping/Clear Title Risk. 10

Benchmarking and Monitoring.. 11

Implementation and Authority to Amend Strategy. 11

Breaches of criteria. 12

Grandfathering of Investments. 12

Breach as a result of regulatory change. 12

Breach as a result of a change in the total investment portfolio.. 12

Professional Advice. 13

Definitions. 13

Appendix 1: Investment Strategy. 15

Scope. 15

General 15

Global and Domestic Investment Environments. 15

Legislative Environment 16

Composition of Council’s investment portfolio. 16

Investment Strategy. 16

Objectives. 17

Risk Profile. 17

Liquidity / Maturity. 17

Return / Income. 17

Unrealised Investment Gains. 18

Environmentally and Socially Responsible Investments. 19

History of revisions. 20

Purpose

1. The Investment Policy sets out the requirements for the management of Council’s cash and investment portfolio.

2. Central Coast Council (CCC) require that all investment activities be exercised with the care, diligence and skill of a prudent person, and not for speculative purpose.

Policy summary

3. All investments are to comply with:

a) Local Government Act 1993;

b) Local Government – Ministerial Order dated 12 January 2011;

c) Sections 14A (2), 14C (1) and (2) of the Trustee Amendment (Discretionary Investments) Act 1997;

d) Local Government (General) Regulation 2005;

e) Division of Local Government Circular 11-01;

f) Local Government Code of Accounting Practice and Financial Reporting;

g) Australian Accounting Standards

4. The Office of Local Government releases guidance to Councils on investment management from time to time. Council will review this policy in light of such advice.

Background

5. The policy sets the framework to:

a) Safeguard Council’s cash and investment portfolio

b) Achieve appropriate earnings

c) Manage Council’s cash resources to ensure sufficient liquidity to meet Council’s business objectives over the long, medium and short term.

6. The policy reinforces Council’s ongoing commitment to maintain a conservative risk and return portfolio, an important component of its ongoing prudent financial management practises.

7. The Investment Strategy supports the policy by defining investment objectives and actions for the next 12 months.

8. Central Coast Council’s financial policies are developed to ensure that the Council satisfies legislative requirements and follows ‘best practice’ in its business operations, with due consideration for the effective and efficient management of the resources utilised within that business.

General

Policy Statements

9. This policy does not confer any delegated authority upon any person.

10. Council will not instruct the CEO in any manner that requires the CEO to breach his or her statutory responsibilities in respect of investments.

11. Subject to any functions, duties or powers conferred directly on a Council or CEO by the Act, the Council will delegate to the CEO, the power to make decisions relating to the effective and efficient management of investments in accordance with this policy.

12. The CEO or their delegate may, in exceptional or emergency circumstances, approve an action outside the requirements of this policy provided that any such variation to this policy is reported to Council in the next monthly investment report.

13. Other investment acquisitions. The Council alone may approve the acquisition of land or holding of any shares or interests in a body corporate, partnership, joint venture or other association of persons; or settle, or be, or appoint a trustee of, a Trust.

14. The Council will not delegate to any person the authority to raise capital or to specifically borrow money by any means, including options, swaps or any other non-balance sheet items.

15. Council will only allow investment for the purpose of achieving the effective and efficient on-going management of the Council organisation in accordance with the Act, Operational Plan, Long Term Financial Strategy and any other policy made from time to time.

16. Investments will be managed with the care, diligence and skill that a prudent person would exercise, and officers shall not engage in activities that would conflict with the proper execution and management of Council’s investment portfolio.

17. Management of the risks associated with delegation of authority shall be achieved by way of detailed regular reporting on the exercise of all functions, duties and powers delegated throughout the organisation and by the Council.

18. Subject to functions, duties or powers conferred upon the CEO by the Act, all delegated authorities must be exercised in accordance with relevant CCC policies and procedures set by the Council or CEO from time to time.

19. Variations, reviews or additions to this policy shall be approved by resolution of the Council.

20. The Policy for Investment Management will be reviewed annually or as required in the event of legislative changes and/or guidelines as per point 4.

21. This policy is not dependent on the terms of any other policy or procedures except the Act or direct, lawful instruction under the terms of the Act.

Investment Guidelines

22. The CEO or his/her delegate, in consultation with council staff, will approve investment guidelines, within this policy, as part of the annual review, which will set the general direction for the purchase and sale of investment assets for the coming period and prescribe performance targets by asset category.

23. The performance of the portfolio will be assessed against a benchmark set annually in the Investment Guidelines.

24. The CEO, in consultation with Council staff shall issue guidelines reviewed at least annually, for the management of the following risk classes:

Credit Risk Management Must Include

a) Maximum portfolio weighting by total assets in an asset grouping

b) Maximum amount to be held with an individual institution within an asset grouping

Term to Maturity Framework

a) Asset groupings will be defined with reference to credit rating.

b) The amount of investment risk attached to a particular security is in part related to its term to maturity. Guidelines for the management of term to maturity risk shall at a minimum prescribe the maximum exposure by term to maturity groupings, as an example, percentage of portfolio maturing in three to four years.

Investments

25. All investment securities must be denominated in Australian Dollars.

26. New investments shall be limited to (by statute):

a) Any public funds or securities issued by or guaranteed by the Commonwealth, any State or a Territory of the Commonwealth;

b) Any debentures or securities issued by other Local Government Councils;

c) Interest bearing deposits with, or any debentures or bonds issued by, an authorised deposit-taking institution (ADI), as defined in the Banking Act 1959, but excluding subordinated debt obligations;

d) A deposit with NSW Treasury Corporation or investments in their managed funds;

e) Any bill of exchange which has a maturity date of not more than 200 days and if purchased for value confers on the holder in due course a right of recourse against a bank which has been designated as an ADI by the Australia Prudential Regulation Authority (APRA).

27. This investment policy prohibits any investment carried out for speculative purposes including, but not limited to:

a) Derivative based instruments;

b) Principal only investments or securities that provide potentially nil or negative cash flow;

c) Stand-alone securities issued that have underlying futures, options, forwards contracts and swaps of any kind;

d) The use of leveraging (borrowing to invest) of an investment

e) Extensive trading activity

Accounting and Reporting

28. Council will comply with appropriate accounting standards in valuing its investments and quantifying its investment returns.

29. Investment income must be recorded according to accounting standards. Published reports may show a breakdown of its duly calculated investment returns into capital gains and losses and interest.

30. A report will be provided to Council on a monthly basis when Ordinary Meetings occur. The report will detail the investment portfolio in terms of performance, percentage exposure of total portfolio and maturity dates.

31. From time to time financial assets may be acquired at a discount or premium to their face value. Discount or premium is to be taken into account in line with relevant Australian Accounting Standards.

32. For audit purposes, certificates must be obtained from the banks/fund managers/custodian confirming the amounts of investment held on Council’s behalf at 30 June each year.

Independent Financial Advisor

33. From time to time, Council may utilise the services of a suitably qualified and experienced investment advisor for the purposes of achieving the aims of this policy.

34. An appointment of an Independent Financial Advisor (IFA) can be decided by the CEO or their delegate. The IFA must be licensed by the Australian Securities and Investment Commission. An appointed Independent Advisor will have no conflict of interest in respect to their investments recommended. The term of any appointed Independent Financial Advisor will not exceed 3 years without review.

Investment Guidelines

35. Council is a prudent investor. It is intended to maximise investment returns while maintaining the security of investments through the prudent management of risk.

Risk Management

36. Detailed decisions on the purchase and sale of investment assets will be mindful of the following risk categories.

Risk	Mitigants
Risk of Capital Loss	Diligent product research, diversification and an intention to hold assets to maturity.
Liquidity risk	Cash flow forecasting, allocation of investment funds to time horizons, maintenance of a “liquidity reserve” through conservative assumptions in cash flow forecasting.
Market timing risk (“not getting a good price on the day”)	Stagger investment dates, maintain spread of maturity dates.
Credit Risk	Credit Risk guidelines imposing required credit rating targets for the portfolio.
Concentration risk (“all eggs in one basket”)	Concentration Risk guidelines imposing maximum exposure for Individual institutions.
Product risk	Undertake rigorous product research.
Interest Rate (duration) risk	Market Investments acquired at par value will not be exposed to interest rate fluctuations if they are redeemed at maturity.
Income risk	Conservative approach to investment income budgeting.
Reinvestment/Rollover risk	The risk that income will not meet expectations or budgeted requirements because interest rates are lower than expected in future.
Regulatory risk	Regulation embedded in Investment Policy. Portfolio actively managed to comply with Policy.
Fraud risk	Documented investment procedures, separation of responsibilities for investment decision making and transaction settlement, only one account for payment of redemption proceeds, use of licensed custodians or third-party registries where applicable.
Safe keeping / Clear title risk	Documented investment procedures.

Credit Risk

37. Before entering into any investment transaction with a new institution there will be a diligent review of the creditworthiness of that institution. The Chief Executive Officer or his/her delegate must form its own opinion of the risk attached to an institution and not merely rely on published credit ratings.

38. Central Coast Council will not invest in subordinate debt, as per the current NSW Minister’s Order.

39. Standard & Poor’s (or equivalent Moodys or Fitch) ratings attributed to each individual institution will be used to determine maximum holdings. In the event of disagreement between two rating agencies as to the rating band (“split ratings”) Council shall use the lower of the ratings. Where more than two ratings exist (e.g. 3 credit ratings S&P, Moody’s & Fitch), Council shall discard the lowest rating and then use the lower of the higher two ratings when assessing new purchases .

The maximum available limits in each rating category are as follows:

Table 1 – Maximum Portfolio Weighting Per Rating Category

Long Term Credit Ratings	Maximum Portfolio Weighting
AAA Category	100%
AA Category or Major Bank^	100%
A Category	70%
BBB Category	60%
Unrated	0%

* For the purpose of this Policy, “Major Banks” are currently defined as the ADI deposits or senior guaranteed principal and interest ADI securities issued by the major Australian banking groups:

• Australia and New Zealand Banking Group Limited

• Commonwealth Bank of Australia

• National Australia Bank Limited

• Westpac Banking Corporation

Including ADI subsidiaries whether or not explicitly guaranteed, and brands (such as St George).

Council may ratify an alternative definition from time to time.

Concentration Risk (Counterparty/Institution Credit Framework)

40. Exposure to individual counterparties/financial institutions will be restricted by their rating as per the APRA standard above so that single entity exposure is limited, as detailed in the table below:

Table 2 – Counter Party Risk

Individual Institutions Limits
Long Term Credit Ratings	Maximum Exposure
AAA Category*	100%
AA Category*	30%
A Category	20%
BBB Category	10%

Unrated Category	0%

*The limit may be exceeded temporarily to the extent that the excess represents funds held on deposit awaiting reinvestment.

Product, Interest Rate and Income Risk / Term to Maturity Framework

41. The investment portfolio is to be invested with a conservative approach to income budgeting within the following term to maturity constraints, subject to rigorous product research:

Table 3 – Term to Maturity

Description	Maximum Exposure
Portfolio allocation:
Portfolio % < 1Year	100%
Portfolio % > 1 Year < 3 Years	70%
Portfolio % >3 Years < 5 Years	40%
Portfolio % > 5 Years	5%
Maturity of financial institution securities:
ADI issues rated A or above	5 years
ADI issues rated BBB to A	3 years
ADI issues BBB- and non-rated (Term Deposits only)	1 years

Regulatory, Fraud and Safekeeping/Clear Title Risk

42. The regulatory framework for investments is embedded within the investment policy and the Portfolio will be actively managed to comply with policy.

43. Risk of Fraud and safe keeping is mitigated by documented investment procedures, separation of responsibilities for investment decision making and transaction settlement, with only one account for payment of redemption proceeds, including the use of licensed custodians or third-party registries where applicable.

Benchmarking and Monitoring

44. Each investment in the portfolio is to be evaluated and monitored against a performance benchmark appropriate to the risk and time horizon of the investment concerned.

45. The objective is to ensure that all investments under consideration can deliver a level of return commensurate with their risk profile and that they are competitive with an appropriate peer group of alternative investment options.

46. The eligibility of an investment is determined by the NSW Local Government Minister’s Order dated 12 January 2011.

47. Under these Investment Guidelines, no assets other than those listed in the table below will be eligible.

Table 4 – Target Returns and Suitable Products

Investment Category	Investment Horizon	Bench Mark	Permitted
Working capital funds	0-3 months	Official cash rate	11am, overnight call and cash accounts, short dated Bank Bills, TCorpIM Cash Fund
Short term funds	3-12 months	AusBond Bank Bill Index^^	TCorpIM Cash Fund, Term Deposits, Bank Bills
Short-Medium term funds	1-3 years	AusBond Bank Bill Index	Term Deposits, Senior ADI Fixed and Floating Rate Notes, short dated Bonds, TCorpIM Strategic Cash Fund
Medium term funds	3-5 years	AusBond Bank Bill Index	Term Deposits, Senior ADI Fixed and Floating Rate Notes and Bonds
Long term funds	5 years	AusBond Bank Bill Index TCorp’s Internal Benchmark (Funds)	Term deposits, Senior ADI Fixed and Floating Rate Notes and Bonds, TcorpIM Growth Funds

Implementation and Authority to Amend Strategy

48. The Investment Guidelines noted earlier in this policy set out the intended approach to investments in the market conditions that are expected to prevail over the medium to long term investment horizon.

However, there may be periods, sometimes sustained, where “normal” market conditions do not apply, for example, periods where short term interest rates are higher than long term interest rates, or investments of similar credit quality offer different yields due to liquidity differences.

49. The CEO or his/her delegate may approve a variation to this policy if the investment is to the Council’s advantage or due to revised legislation subject to this variation being reported to Council in the next available monthly investment report.

Breaches of criteria

50. Procedures for dealing with unavoidable breaches of any particular thresholds are contained in the next section on grandfathering of investments.

Grandfathering of Investments

51. This policy imposes limits and thresholds in relation to the acquisition and holding of investments. However, situations may occur where inadvertent breaches of these limitations or thresholds arise, other than from the acquisition of investments. For example:

a) Amendments to regulatory directives or legislation

b) Changes in the total value or amount of Council’s investment portfolio which consequently changes any of the threshold limits so that they no longer meet the portfolio liquidity parameters.

Breach as a result of regulatory change

52. When limitations or thresholds are breached due to the amendments to regulatory directives or legislation, the investment portfolio must be managed in accordance with the respective amendments. Where the amendments enable retention and grandfathering of existing investments, Council may continue to actively manage those investments within the portfolio in accordance with all other regulations and policies applicable to such investments. This includes a strategy of holdings or divesting such investments in accordance with regular investment considerations.

Breach as a result of a change in the total investment portfolio

53. Where limitations or thresholds are breached due to a change in the overall size of the total investment portfolio, the following process will apply :

a) An immediate freeze is imposed on the acquisition of new investments in the relevant category until the portfolio can be effectively managed back to accord with the requirements of this policy.

b) The relevant category of investments must be managed back in accord with the policy limits within a period that takes into account any adversity created by market liquidity, current valuations it these investments and the risk of default.

Professional Advice

54. Council may seek professional, external investment advice from time to time to provide assistance in Investment Strategy formulation, portfolio implementation and monitoring in accordance with the Policy for Investment Management.

Definitions

55. In this policy:

a) Active Secondary Market – a market where investors purchase securities or assets from other investors, rather than from issuing companies themselves on an arm’s length (independent) basis.

b) Cash – cash comprises both cheque accounts and daily call accounts with Authorised Deposit taking institutions (ADIs). Cash assets typically have a maturity term at the time of placement of being immediately available or available within 24 hours. Cash assets are closely linked with investments but do not constitute investments. Cash is used to meet immediate operational cash needs.

c) Council – means Central Coast Council

d) Delegated Authority - means any function, duty or power vested in the Council by the Act, that the Council may, within the terms of the Act, delegate to a Council member, Committee of the Council, Chief Executive Officer, employee or person or class of persons approved for the purpose.

e) Investment – comprises term deposits and bonds with an active secondary market placed with government (including NSW T-Corp) and Authorised Deposit Taking institutions (ADI’s). Investment assets have maturities at the time of placement of 30 days or more.

f) Policy – means policy created and approved by the Council, as well as any policy of either the former Gosford City Council or the former Wyong Shire Council that applies to Council by the operation of the Proclamation.

g) Proclamation - means the Local Government (Council Amalgamations) Proclamation 2016.

h) The Act - means the Local Government Act 1993.

i) The Bank Bill Swap Reference Rate (BBSW) – is the midpoint of the nationally observed best bid and offer for AFMA Prime Bank eligible securities.

j) Year - means from July 1 to June 30 (financial year).

k) Grandfathered Investments – are part of total investments and comprise investments where additional investment activity is prohibited by regulation and other investments over which additional investment activity is temporarily prohibited due to unintentional breaches of investments thresholds and limitations that arise due to changes in the level of unrelated investments within the portfolio (the prohibition only remains as long as the breaches remain in place).

Appendix 1: Investment Strategy

The annual Investment Strategy sets out Council’s investment goals and targets for the coming year. The aim of the strategy is to guide the management of Council’s investment portfolio over the short to medium term to:

a) achieve a balanced and diversified portfolio, in terms of allowable investment products, credit ratings and maturation terms that will outperform the benchmark indices

b) ensure liquidity when required for Council’s operational and capital expenditure needs.

Scope

1. The Investment Strategy applies to all managers and employees who actively manage the investment of surplus funds or have responsibility for employees who actively manage the investment of surplus funds.

2. This strategy should be read in conjunction with the Investment Policy.

General

3. Council’s investment strategy is determined after taking into consideration a review of the following issues:

a) global and domestic economic investment environments

b) investment policy and legislative constraints

c) current composition of Council’s investment portfolio

d) long, medium- and short-term financial plans.

Global and Domestic Investment Environments

4. Financial and investment environments, both globally and domestically, continue to improve at different rates across various regions. The global financial recovery process has been aided by a more standardised international regulatory process with more stringent capital adequacy requirements for financial institutions.

5. In Australia, a history of prudent regulation of the financial institutions by the Australian Prudential Regulation Authority (APRA) has meant that Australian based regulated financial institutions have already operated for an extended period under stringent capital adequacy and liquidity requirements. Council’s investments all fall under APRA regulation with the result that the portfolio is conservative and secure.

6. Interest rates have remained low and in Australia the slow rate of expansion of the domestic economy is expected to temper the pace at which local interest rates rises will occur.

Legislative Environment

7. Council’s investment opportunities are constrained by a combination of legislation, regulation and any directions and guidelines issued by the Minister or the Office of Local Government.

8. There has been no change to the investment legislative environment for a number of years and the most recent Ministerial Investment Order released in January 2011 continues to limit Council’s investment options to:

a) term deposits with Approved Deposit-taking Institutions (ADIs)

b) other ADI senior ranked securities

c) investments with NSW Treasury Corporation (T-Corp)

d) funds or securities issued or guaranteed by the Commonwealth or any State or Territory.

Composition of Council’s investment portfolio

9. The conservative nature of Council’s Investment Strategy is clearly reflected in the structure of the portfolio, where 100% of the portfolio is invested with APRA-regulated ADIs.

10. Council’s current portfolio is as follows:

Investment	Split
Big Four banks	71.29%
Australian mid-tier banks	22.82%
Foreign controlled Australian based ADIs	5.89%
Total APRA-regulated ADIs	100%

* The allocation of assets within the portfolio is with very secure institutions. In the past year, Council has diversified the portfolio with further selected investment into the Australian mid-tier banks as they continue to reflect strength and stability.

Investment Strategy

11. Council’s investment portfolio will continue to be prudently managed in accordance with:

a) Council’s Investment Policy and related legislative and regulatory requirements

b) documented risk management procedures to preserve capital

c) Council’s operational and capital funding requirements.

Objectives

12. Council’s investment strategy for the period is to maintain the highly secure profile of the portfolio, provide liquidity and deliver competitive investment returns commensurate with the portfolio structure.

Risk Profile

13. The risk profile for the Council’s investment portfolio is based on the principles of being prudent, conservative and risk averse. This is achieved by managing the diversity and creditworthiness of investments in accordance with the Investment Policy and other relevant requirements.

Liquidity / Maturity

14. The majority of the Council’s cash and investments portfolio is held as internally restricted and externally restricted cash reserves to satisfy the Councils legislative responsibilities.

15. There are presently increased demands for funding of capital projects with the result that within the maturity profile of the investment portfolio there is a responsive shift of funds from the longer term to the short and medium terms.

16. To ensure Council has available funds to meet both these commitments and its short-term operational and capital cash commitments, the following liquidity targets are set in accordance with the Investment Policy.

Investment period	Cumulative Minimum % of total portfolio	Maximum % of total portfolio
1 month	10% or $50M	100%
2 to 12 months	40%	80%
1 to 3 Years	55%	40%
3 to 5 Years	90%	35%
> 5 Years	100%	10%

* Councils liquidity will be monitored on an ongoing basis to ensure the Councils cash requirements are met and that liquidity parameters remain within allowable limits set out in the Investment Policy.

Return / Income

17. Council uses the following benchmarks to measure investment performance, in relation to both current month and 12-month rolling returns, against its return/income objectives:

a) Bloomberg AusBond Bank Bill Index

b) 30 day Bank Bill Rate.

18. Council aims to achieve returns equal to or above these benchmark rates for the period. However, this achievement remains secondary to the critical strategies of maintaining a prudent and conservative risk profile and in meeting Council’s liquidity needs.

19. Councils current cash balances are applied in meeting immediate operational and capital commitments as well as future year’s capital commitments.

20. Additionally, 2020/21 will present continued challenges to Council in delivering higher investment income returns, including the following:

a) Interest rates continue to remain at low levels and expectations are that in the medium-term over the next 3 years they could remain at these levels.

b) The increasing level of capital expenditure is resulting in the maturity profile of the investment portfolio reducing in the long-term and being reinvested in the short to medium term where interest yields are lower.

c) A small number of long-term investments that are locked in the higher rates offered in previous years continue to mature and decline in quantity at a steady pace. As these funds can now only be reinvested at the current low yields, overall earnings will continue to fall.

Unrealised Investment Gains

21. The strategy in managing significant unrealised investment gains is to compare the following amounts:

a) If an investment with a significant unrealised investment gain was to be sold to realise the gain, its earning potential becomes the sum of (a) the unrealised gain now realised and (b) the estimated future interest earnings of the proceeds of sale up to the maturity date of the original investment sold. A key consideration is that since the unrealisd gain was the result of a decline in interest rates, the interest yields on the reinvesting of the proceeds of sale will be less than the yields of the original investment up to the time of maturity of the original investment.

b) If the investment with a significant unrealised gain was to be held to maturity it would mature at its face value with the result that the unrealised investment gain will reverse steadily to its maturity date. On the other hand, the investment will continue to earn interest income to maturity at yields that are higher than those currently available in the market.

22. Consequently, investments with significant unrealised gains will be retained in the portfolio unless A exceeds B where:

a) A = the sum of unrealised investment gain plus future interest earnings to maturity date at the lower interest yield

b) B = the total amount of the future interest to maturity at the current higher interest yield

23. In accordance with accounting standards, the unrealised investment gain and any subsequent increase or decrease in the amount is required to be recognised in Council’s financial results. Consequently, if unrealised gains reverse as losses in the future, it means that these losses are more than offset by the interest income earned on those investments because of their respective higher interest rates.

Environmentally and Socially Responsible Investments

24. Council’s ability to acquire environmentally and socially responsible investments within the current investment and policy environment remains limited, as:

a) the structure of many of these investments remains prohibited under the current Ministerial Investment Order; and

b) the global financial crisis caused significant declines in the valuation of the financial assets that comprise many of these investments.

25. Council will, however, continue to explore opportunities for supporting environmentally and socially responsible investments within these constraints. The investment climate is changing over time and Council notes that many large scale renewable projects are expected to evolve, which may offer sustainable investment opportunities in the future. Council will continue to encourage and give preference to these investments where they comply with the Ministerial Investment Order and satisfy Council’s policy and investment objectives.

History of revisions

Amendment history	Details
Original approval authority details	Craig Norman - Chief Financial Officer
	16 August 2019
	The Investment Policy sets out the requirements for the management of Council’s cash and investment portfolio. Central Coast Council (CCC) require that all investment activities be exercised with the care, diligence and skill of a prudent person, and not for speculative purpose.
	CM document number D13648027

Version 0.2

XX/XX/20XX <insert Council Meeting date and ‘minute number’ of resolution adopting the policy <remove if not needed>

CM document number

Annual review of Investment Policy.

Revision of bank rating criteria from S&P to APRA standard approach

Inclusion of Grandfathering provision and breaches of criteria

Updating of maximum investment limits

4.2	Request for Amendment - Planning Proposal RZ/3/2019 - 45 Mulloway Road Chain Valley Bay
*Attachment 1*	*Planning Proposal Application - RZ/3/2019 - 45 Mulloway Road Chain Valley Bay - Report*

Item No: 2.1
Title: Planning Proposal Application - RZ/3/2019 - 45 Mulloway Road Chain Valley Bay
Department: Environment and Planning
23 March 2020 Ordinary Council Meeting

Trim Reference: RZ/3/2019 - D13749206

Author: Rodney Mergan, Senior Strategic Planner

Manager: Karen Tucker, Acting Unit Manager, Strategic Planning

Executive: Scott Cox, Director Environment and Planning

Report Purpose

The purpose of this report is for Council to consider a request to prepare a Planning Proposal to amend Wyong Local Environmental Plan 2013 (WLEP) or draft Central Coast Council Local Environmental Plan (CCLEP) (if in effect) for 45 Mulloway Road, Chain Valley Bay.

This report recommends that Council prepare a Planning Proposal and request a Gateway Determination from the Department of Planning, Industry and Environment (DPIE).

Recommendation

1 That Council, pursuant to Section 3.33 of the Environmental Planning and Assessment Act, 1979, prepare a Planning Proposal applying to Lot 5 DP 1228880 (45 Mulloway Road, Chain Valley Bay) to rezone the subject sites from E3 Environmental Management to RE2 Private Recreation and E2 Environmental Conservation by amending the Wyong Local Environmental Plan 2013 (or Central Coast Local Environmental Plan), whichever is in effect at the time.

2 That Council, pursuant to Section 3.34 of the Environmental Planning and Assessment Act, 1979, forward the Planning Proposal to the Minister requesting a Gateway Determination.

3 That Council request delegation for Council to finalise and make the draft Local Environmental Plan, pursuant to Section 3.36 of the Environmental Planning and Assessment Act 1979.

4 That Council undertakes public authority and community consultation in accordance with the Gateway Determination requirements.

5 That Council authorise staff to negotiate, prepare and exhibit a Planning Agreement with respect to any aspect of the proposal to support the development of the subject land.

6 That Council authorise staff to prepare and exhibit site specific development controls with respect to any aspect of the proposal to support the development of the subject land.

7 That Council consider a further report on the results of public authority and community consultation.

The Site

The subject land (figure 1) is known as 45 Mulloway Road Chain Valley Bay, Lot 5 DP 1228880.

The site has an area of 10.61 Hectares (Ha) and can be divided into three distinct areas:

- a dwelling and ancillary development to the north of the site,

- a generally cleared area predominately used for rural purposes through the majority or middle of the site, and

- a heavily vegetated area along the southern boundary of the site.

Figure 1- Aerial Photo - Subject site and surrounding land

Surrounding land uses include:

· a Manufactured Home Estate (MHE) to the west,

· State Recreation Area to the north,

· vacant vegetated land to the east and south currently subject to a planning proposal for residential development. Land to the south is separated from the subject site by Karignan Creek.

The Proposal

The proposal seeks to amend the Wyong Local Environmental Plan 2013 (WLEP 2013) or future Central Coast Local Environmental Plan (CCLEP) as follows:

· Rezone the subject sites from E3 Environmental Management to part RE2 Private Recreation and part E2 Environmental Conservation.

The proposal does not propose to alter the existing minimum lot size applicable to the subject site, being 40 ha.

The intended outcome is to enable the construction of a MHE on the site. The proposal looks to accommodate approximately 190 home sites, communal open space, communal hall and recreation facilities.

Figure 2 – Current Zoning Map

Figure 3 – Proposed Zoning

Assessment

The rezoning of the subject land to RE2 Private Recreation and E2 Environmental Conservation has strategic merit on the basis that:

· The proposed amendment is consistent with actions in the Central Coast Regional Plan (CCRP) 2036, aligning specifically with Goal 3- Well-connected communities and attractive lifestyles and Goal 4- A variety of housing choice to suit needs and lifestyles.

· The proposal is consistent with the requirements of the Department Planning, Industry and Environment (DPIE’s) North Wyong Shire Structure Plan (NWSSP), see Figure 4.

This plan identifies the site is required for future residential purposes. The current timing had identified the staging of the development within the long-range timeframe (land will not be zoned before 15 years), this timing can be revised due to new information relating to underlying mining constraints which are no longer an impediment to surface land release. This means that the release of the land can be accelerated, subject to appropriate funding arrangements being put in place to manage infrastructure and servicing issues associated with increasing the population in the locality.

Figure 4 – Extract – North Wyong Shire Structure Plan

· The proposal is consistent with the draft Greater Lake Munmorah Structure plan, see Figure 5, which was publicly exhibited between 1 April 2019 to 26 May 2019.

The area to be rezoned is identified within the Draft Greater Lake Munmorah Structure Plan located within Precinct 7 Chain Valley Bay,

The draft Greater Lake Munmorah Structure Plan facilitates the delivery of 2,885 additional lots, the subject proposal will provide an additional 190 home sites.

The site is partially nominated as a green corridor and habitat network by the NWSSP. That portion of the site proposed to be zoned E2 Environmental Conservation aligns with the high level mapped boundary of the green corridor.

Figure 5 – Draft Greater Lake Munmorah Structure Plan, Precinct 7 – Chain Valley Bay

· The applicant has provided relevant supporting studies. These studies have been reviewed through the internal consultation process and are considered appropriate for submission with a request for a Gateway Determination. Once a suitable degree of certainty is provided by a Gateway Determination being issued, appropriate draft planning agreements to address issues such as roadworks and servicing can be completed prior to public consultation.

Internal Consultation

Internal consultation has been undertaken regarding the proposed Planning Proposal and is summarised below.

Environmental Strategies

Clearing of vegetation would be required to facilitate the proposed development of the site for a MHE. While vegetation removal would generally occur as part of a development application process that would follow the completion of the planning proposal, Council must be satisfied that the proposal can reasonably meet the requirements of State Environmental Planning Policy (SEPP) (Vegetation in Non-Rural Areas) 2017 and the Biodiversity Conservation Act 2016.

A review of information submitted in support of the proposal has confirmed that the proposal seeks to impact on approximately 0.32 ha of Swamp Sclerophyll Forest and 0.92 ha of Narrabeen Doyalson Coastal Woodland and potentially impact on the vegetated southern end of the site. The proposal triggers entry into the Biodiversity Offset Scheme (BOS) via impacting areas highlighted on the BV map and exceeding the area clearing threshold.

Water Planning and Development

The site is connected to mains water supply.

The site is connected to a nearby sewer main and pumping station. Upgrade works in this area are identified in the Development Servicing Plan with the timing of this upgrade to be confirmed. Any additional contributions for upgrade works can be negotiated through an agreement between Council and the applicant.

Environmental Health - Land Contamination

The proponent has addressed the requirements under SEPP No. 55 - Remediation of Land by providing a Preliminary Contamination Assessment.

The findings of this contamination assessment recommend a detailed contamination assessment be undertaken with remedial actions, where necessary. It has been determined that if all “Areas of Concern” identified in the report are addressed prior to the release of any subdivision certificate the land can be remediated to a suitable condition for the proposed MHE.

Social Planning

There is concern relating to residents being unable to access the services they need due to the large population increase in an area that is already underserviced and while there is need for more affordable housing on the Central Coast, it must be well planned and well located to avoid negatively impacting on residents.

Contributions

The site is subject to the Northern Districts Section 7.11 Contribution plan. Contributions will be payable for manufactured home sites for Open Space, Community Facilities and Administration.

Any road upgrades required as a result of this development would be subject to agreement between the applicant, Council or Transport for NSW depending on the works required.

Development Engineering (Traffic)

It has been acknowledged that the intersection of Pacific Highway and Chain Valley Road is already at capacity and requires a significant upgrade. The Roads and Maritime Services (RMS) will not support the creation of additional lots requiring access to this intersection until the intersection has been upgraded. There are several planning proposals concurrently being considered in this area and all parties are to contribute to the completion of the required works though agreement with Transport for NSW.

In addition, there will be local road and associated upgrades required to facilitate the proposed MHE, the cost of which will be borne by the applicant through conditions of consent.

Council Site Inspection

A site inspection was undertaken on 2 March 2020. The site inspection was attended by Council staff and the following Councillors:

· Mayor – Councillor Lisa Matthews

· Deputy Mayor - Councillor Jane Smith

· Councillor Chris Holstein

The following matters were raised and discussed during the site inspection:

1. The southern area of the site is identified as a Regional Wildlife Corridor. What width is this corridor and could it be widened on this site?

The subject site includes a small part of a regional wildlife corridor which includes vegetated land north of the creek. The regional corridor identified in the CCRP is also located on land owned by the Darkinjung LALC to the south of the site. The final width of the regional wildlife corridor is not yet agreed upon in this location and is a relevant consideration in developing a Structure Plan for the DLALC Lake Munmorah residential rezoning (further to the south). Regional wildlife corridors are generally wider than local corridors and are normally several hundred metres in width.

It was confirmed that an increase in corridor (E2 zone) width on the site could be discussed with the applicant (with a splayed design response to better align with the position of E2 zones on adjoining land).

2. Can Council lobby for an improvement in public transportation servicing in the area given the impact that this and other proposals in the area may have?

The State Government are aware of emerging issues in the area and this proposal is one of several developments which will be contributing to required intersection upgrades at the intersection of Chain Valley Bay Rd and the Pacific Highway.

The proposal will be referred to Transport for NSW for comment/consideration and will address the need for a coordinated approach to public transport in the area.

3. Are there plans for improve recreation facilities and other services for this area?

Facilitated for in the draft GLMSP and a revision of the relevant S7.11 Contribution Plan is also underway.

4. Will the existing residential accommodation and ancillary structures be staying?

The entire site is proposed to be zoned RE2 and eventually all existing development will be replaced.

External Consultation

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

It is anticipated due to the existing development, the proposal and the location that several external agencies including the following will need to be consulted:

- Department of Transport (formerly Transport NSW and Roads and Maritime Services)

- Department of Planning, Industry and Environment

- Department of Family and Community and Justice (former Rural Fire Service NSW)

- Subsidence Advisory NSW

- Darkinjung Local Aboriginal Land Council

- Guringai Tribal Link

It expected that the Planning Proposal will be publicly exhibited for a period of 28 days.

Statutory compliance and strategic justification

The Planning Proposal has been assessed having regard for relevant State Environmental Planning Policies (SEPPs), Ministerial Section 9.1 Directions and relevant guidelines set out within the regional and local plans, including the Central Coast Regional Plan (Attachment 2). The proposal is considered to be generally consistent with the applicable directions and SEPPs.

Financial Impact

The direct cost to Council is the preparation of the Planning Proposal and Council’s fee has been paid for this service. Council’s Fees and Charges allow for an hourly rate for staff time beyond the scheduled fee to be charged where required.

Social Impacts

It has been identified that the area is currently quite poorly serviced and is not equipped to accommodate the increase in population envisaged by the development of this type.

It is noted that the draft Lake Munmorah Structure Plan envisages the development of this site and surrounding sites and provides for improved servicing of the area.

Environmental Impacts

Some clearing of vegetation would be required to facilitate the proposed development of the site for a MHE. As the area of the site over which development is proposed is not densely vegetated, it is considered that required offsetting or redesign can be undertaken and further addressed following Gateway Determination.

Link to Community Strategic Plan

Theme 3: Green

Goal F: Cherished and protected natural beauty

G-F2: Promote greening and the wellbeing of communities through the protection of local bushland, urban trees, and expansion of the Coastal Open Space System (COSS).

Theme 4: Responsible

Goal I: Balanced and sustainable development

R-I3: Ensure land use planning and development is sustainable and environmentally sound and considers the importance of local habitat, green corridors, energy efficiency and stormwater management.

Risk Management

There have been no risks identified to the natural and built environment associated with the proposed amendment to WLEP 2013 or the CCLEP.

Conclusion

The request to rezone the subject land is considered to have strategic merit, subject to being supported by appropriate studies and infrastructure funding arrangements being in place to manage impacts associated with the additional population arising from future development.

It is recommended that a Planning Proposal be prepared and forwarded to the Minister for Planning for a Gateway Determination.

Attachments

1	Proposal Summary		D13807919
2	Strategic Assessment RZ32019

4.5	Request to Prepare a Planning Proposal for Jilliby Stage 2 Rural-Residential Area
*Attachment 1*	*RZ_2_2020_Planning Proposal Assessment*

Planning Proposal Assessment

Proposal Summary

Applicant	Alf Lester – LFA Pacific P/L
Owner	• Lot 2 DP 246727, 40 Sandra Street - Atchison • Lot 3 DP 246727, 50 Sandra Street - Lin • Lot 4 DP 246727, 60 Sandra Street - Tohamy • Lot 11 DP 613648, 70 Sandra Street - Mushu • Lot 10 DP 613648, 80 Sandra Street - Ethell • Lot 11 DP 258965, 11 Cottesloe Road - MacDonald
Application Number	RZ/2/2020
Description of Land subject of planning proposal	Legal and Property Description: • Lot 2 DP 246727, 40 Sandra Street • Lot 3 DP 246727, 50 Sandra Street • Lot 4 DP 246727, 60 Sandra Street • Lot 11 DP 613648, 70 Sandra Street • Lot 10 DP 613648, 80 Sandra Street • Lot 11 DP 258965, 11 Cottesloe Road
Site Area	• Lot 2 DP 246727- 10.7 Ha • Lot 3 DP 246727 - 10.5 Ha • Lot 4 DP 246727 - 10.8 Ha • Lot 11 DP 613648 - 10.8 Ha • Lot 10 DP 613648 - 27.46 Ha • Lot 11 DP 258965 - 15.3 Ha Total Area Proposed E3: 21.6 Ha Total Area Proposed E4: 63.96 Ha Total Planning Proposal Area: 85.56 Ha
Existing Use	• Lot 2 DP 246727 – Dwelling and Sheds • Lot 3 DP 246727 – Dwelling and Sheds • Lot 4 DP 246727 - Dwelling and Sheds • Lot 11 DP 613648 - Dwelling, Sheds and Dams • Lot 10 DP 613648 – Dwelling, Sheds, Stables and Dam • Lot 11 DP 258965 – Dwelling, Sheds and Dams

Proposed Amendments –Wyong Local Environmental Plan 2013
*Provisions*	*Existing Provision*	*Proposed Amendment*	*Outcome (Supported/Not Supported)*
*Zoning*	All Lots: RU2 – Rural Landscape	• Lot 2 DP 246727 – E4 Environmental Living • Lot 3 DP 246727 – E4 Environmental Living • Lot 4 DP 246727 - E3 Environmental Management • Lot 11 DP 613648 - E3 Environmental Management • Lot 10 DP 613648 – E4 Environmental Living • Lot 11 DP 258965 – E4 Environmental Living	Outcomes Supported
*Minimum Lot Size*	20 Ha	E4 – 2 Ha E3 – 20 Ha	Outcomes Supported

Proposal Report

Executive Summary

This Planning Proposal seeks to rezone the majority of the land from RU2 Rural Landscape to E4 Environmental Living, to enable rural residential development to occur (similar to that on lands developed to the south, often referred to as Jilliby Stage 1), in accordance with the standard 2 Ha minimum area applying within the E4 zone. Some floodprone land will also be rezoned E3 Environmental Management in the central portion of the site. It is expected that the rezoning will yield approximately 19 rural-residential lots.

This rezoning proposal originally formed part of a much larger Planning Proposal which was withdrawn by the applicant. The original historic proposal was significantly larger and included land with significant biodiversity, odour and noise constraints (from the operation of Buttonderry Waste Facility) which have since been removed from the current proposal.

The subject land is underlain by coal, which will be extracted by the operators of the Wallarah 2 Mine. The proponents have reached agreement with the mine owners (and provided a copy to Council) for appropriate compensation arrangements should surface development be impacted by the mine workings.

The Site

The site is located approximately 8 kilometres north west of the Wyong Town centre and is accessed from Sandra Street, off Hue Hue Road, in the existing rural-residential area of Jilliby. The site is located close to the Sparks Road interchange with the M1 Motorway. The land also has road frontage to Cottesloe Road in the north.

The land subject to the rezoning request (see Figure 1) comprises six (6) lots and has a total area of 85.56 Hectares (Ha).

Figure 1: The Subject Site Aerial – Planning Proposal Area bounded in Red

The land varies from cleared grazing land, through lightly timbered pastureland, to timbered upslopes to the west. This vegetation connects to an identified regional vegetation corridor along the adjacent ridgeline, which connects the vegetation north of Cottesloe Road to Mount Alison in the south across the Porters Creek floodplain. Central to the site is a low-lying floodway, and in the north a Transmission Line Easement traverses east-west across the site. The lands are each occupied by dwellings, farm buildings and dams.

Surrounding land uses include:

· East – Buttonderry Waste Management Facility;

· West – Heavily timbered and steep rural landholdings;

· North - Rural landholdings; and

· South - Jilliby Rural-Residential Estate.

The land is currently zoned RU2 Rural Landscape (see Figure 2) under the Wyong Local Environmental Plan 2013 (WLEP 2013), with a minimum area for subdivision of 20 Ha per lot created. The draft Central Coast Local Environmental Plan (dCCLEP) proposes to retain the current zoning of the land.

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Figure 2: Site Aerial showing Existing Zones

Background

There is a history of rezoning proposals which have incorporated the subject lands. The rezoning of a broader Jilliby Stage 2 Land Release (RZ/2/2012 - see Figure 3) was proposed as part of the former Wyong Council’s Shire-wide draft Local Environmental Plan 2012 (dLEP 2012). RZ/2/2012 had been lodged on 22 March 2012, and supported by Council for consideration by the Gateway on 27 March 2013. In issuing certification (17 September, 2013 for the public exhibition of the Shire-wide Plan, the then Department of Planning and Infrastructure (DoPI), now Department of Planning Industry and Environment (DPIE), excluded the proposed land release and recommended that it proceed as an independent Planning Proposal. DLEP 2012 was gazetted as the Wyong Local Environmental Plan 2013 (WLEP 2013) on 23 December, 2013.

The DPIE Assessment had identified serious potential for environmental impacts from increased development on the larger area of land (335 Ha). The key constraints within the Jilliby 2 study area relate to underground coal mining, vegetation clearing, noise and odour. A revised, reduced scale, proposal was endorsed by Council on 26 October 2016 and submitted for Gateway Determination on 14 November 2016. DPIE advised the former WSC that it would need to commence a Strategic Assessment to justify any future rural residential planning proposals. DPIE advised that this strategic assessment would need to consider the relevant factors outlined below:

· Consider the water catchment;

· Consider the waste management facility conflicts;

· Consider the potential impacts of coal mining;

· Confirm any road upgrading requirements;

· Confirm the land is suitable for rural residential land uses; and

· Complete a rural land analysis to facilitate rural residential land uses west of the M1 Motorway.

Council is currently undertaking the required Rural Lands Studies and will produce a draft Rural Lands Strategy, due for presentation to Council in June 2021, which will inform the development of the Central Coast Comprehensive Local Environmental Plan.

On 13 March 2018, Council was also requested by DPIE to amend its planning proposal to include the outcome of negotiations between the proponent and the Wallarah 2 Coal Mine. The current proposal (RZ/2/2020, lodged 5 February 2020) arises following the identification of all issues with the earlier proposal for the significantly larger rural-residential release (see Figure 3). The applicant formally withdrew RZ/2/2012 on 4 November 2020.

The potential impacts of the land release related to fauna and vegetation removal, the Central Coast Water Catchment, mine subsidence potential from the Wallarah 2 underground coal mine, as well as likely noise and odour impacts to future residents arising from the future expanded operations of the adjacent Buttonderry Waste Management Facility (BWMF). In this regard, odour from the approved BWMF operations was modelled and odour contours developed. This had implications for Jilliby Stage 2 within the areas affected by the 5 Odour Unit (OU) contour, and contributed to the reduction in the land included within the new planning proposal.

However, it can be noted that the potential impact from noise exceeds the impact of odour upon the study area. Land within the 45dB(A) noise contour to the BWMF was considered unsuitable for the type of dwelling density proposed by the original planning proposal, now superseded and withdrawn. The planning proposal study area has been reduced to facilitate the increased residential density predominantly outside of the 45dB (A) noise contour, which is plotted on the Development Concept (see Figure 4). This will minimise potential land use conflict with the BWMF, which is projected to expand operations into the western portion of that land into the future. The proposal has been redesigned to enable additional dwellings to be located outside noise affected areas (see Figure 4: Development Concept) and to be constructed incorporating appropriate noise attenuation and mine subsidence treatments.

Figure 3: Current Proposal (RZ/2/2020), overlain over the Original Concept (RZ/2/2012)

Figure 4: RZ/2/2020 Development Concept, showing the ability for dwellings to be located outside the 45dB(A) design Noise Contour

The Proposal

The proposal is to rezone the majority of the land to E4 Environmental Living to enable rural residential development to occur in accordance with the standard 2 Ha minimum area applying within the E4 zone. All new dwellings are to be located outside the noise and odour impact contours emanating from the adjacent Buttonderry Waste Management Facility site. The residue land, comprising the flood corridor traversing the site from North to South over Nos. 60 and 70 (Lots 4 and 11) Sandra Street, are to be rezoned E3 Environmental Management, reflecting their status as Flood Prone Land. This zoning will allow the continuance of rural, environmental and tourism uses currently permissible on the land.

Figure 5 provides an indicative draft Zoning plan and Figure 6 provides the current Concept Subdivision Layout (dated 9 December 2019) for direct comparison.

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Figure 5: Indicative draft Zoning plan

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Figure 6: Concept Subdivision Layout

Assessment

The request to prepare a Planning Proposal (RZ/2/2020) is supported by the earlier planning report addressing the larger proposal (RZ/2/2012), which details preliminary investigations covering the revised area in regard to matters such as Aboriginal heritage, archaeology, ecological, economics, bushfire, traffic, water cycle management, onsite effluent and visual impact.

The planning proposal has been assessed against the Central Coast Council Interim Local Strategic Planning Statement (ILSPS), the Central Coast Regional Plan 2036 and State strategies, policies and directions, and is considered to be either consistent, or considered capable of being consistent, subject to appropriate resolution and management of matters raised below. The detailed assessment is provided in Attachment 2 – Strategic Assessment.

Investigation to this point has identified the proposal has strategic merit on the basis that it will address the following Directions of the Central Coast Regional Plan 2036:

· Secure the productivity and capacity of resource lands – will not impede access to underlying coal reserves (Direction 10);

· Protect and manage environmental values (Direction 12);

· Sustain water quality and security (Direction13);

· Protect the coast and manage natural hazards and climate change - Future development of the site will be required to include relevant measures to ensure the security of land improvements, such as Asset Protection Zones (Direction 14);

· Create a well-planned, compact settlement pattern (Direction15);

· Align land use and infrastructure planning (Direction 17);

· Accelerate housing supply and improve housing choice (Direction19);

· Provide housing choice to meet community needs (Direction 21); and

· Manage rural lifestyles (Direction 23).

Further Studies Likely to be Required by Gateway:

The planning proposal has been informed by a series of preliminary specialist

Studies and investigations which addressed the original 2012 Concept Masterplan. The updated Concept Masterplan (9 December 2019) affects a subset of this land, and therefore the reports contain relevant information, which may be required to be updated to address current legislation and practice. However, this information is considered to be sufficient for Council to endorse referral to the Gateway for a Determination. Subject to the terms of the Gateway Determination, it is likely that further detailed work on the following issues will be required to progress the planning proposal post Gateway Determination:

· Ecology;

· Flooding and Stormwater Management;

· Bushfire Risk Management;

· Preliminary Contamination investigation;

· Mine Operations and Subsidence;

· Geotechnical understanding/response;

· Soil suitability/capability;

· Traffic and Transport;

· Indigenous archaeological cultural heritage impacts;

· Service infrastructure provision;

· Social Impact and Open Space and Recreational demands; and

· Physical infrastructure and natural systems Funding/Management.

Current Status

The proponent has reduced the extent of land for proposed rezoning, and has negotiated a “Heads of Agreement” document with Wallarah 2 in order to prepare for specific financial arrangements between the Jilliby 2 landowners and the Wallarah 2 mine owners to ensure there is no financial liability to the mine if subsidence does occur.

The proposal has been designed to enable additional dwellings to be located outside noise affected areas (see Figure 4: Development Concept) and to be constructed incorporating appropriate noise attenuation and mine subsidence treatments.

On 17 November 2020, the Administrator and staff undertook a site inspection.

Internal Consultation

The rezoning request and supporting reports have been reviewed by staff and responses are summarised below. Some matters requiring more detailed investigation as a part of the progression of the proposal are discussed below.

Urban Planning and Development (Contributions)

The area is included in the Local Government Area (LGA) Wide Section 7.11 Plan. Hence Rural-Residential Subdivision will require the payment of development contributions. If any works are proposed that are not included in the Plan, then a Voluntary Planning Agreement (VPA) will be required.

It is noted that under the Wyong District Contributions Plan, an upgrade of the intersection of Sandra Street and Hue Hue Road is proposed. The additional lots created may create a need for further intersection works. The works identified in the Plan require a Type C Intersection.

Water Planning and Development

There are no objections/requirements from Wyong Water. The site is outside the drinking water catchment and will not be serviced by water or sewer reticulation.

Environmental Strategies

Council’s preference would be that Biodiversity Certification is conferred across the site. This is because the significance of the land is identified by purple colouring on the NSW Biodiversity Values Map (see Figure 7), in particular the western half of Lot 10 Sandra Street. This process identifies areas that can be developed after they are certified and measures to offset the impacts of development. Where land is certified, development may proceed without the usual requirement for site by site assessment.

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Figure 7: Purple Areas within the site identified on the Biodiversity Values Map

This area is also identified as containing key habitats for Threatened Species:

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Figure 8: Key Habitats for Threatened Species within the Site

Alternatively, the applicant should delineate building location envelopes on each of the lots in accordance with the framework of ‘Avoid, Minimise, Offset’ established under the Biodiversity Conservation Act 2016. This approach may mean that individual DAs do not need to obtain biodiversity offsets if these areas are disturbed. At the moment single dwellings and their bushfire Asset Protection Zones (APZs) are requiring the clearing of about 0.5 ha which would then trigger the need for a Biodiversity Assessment Report (BDAR).

The planning proposal could proceed for Council/Gateway endorsement based on the information already provided (with the likelihood that further work would be required post Gateway Determination, which would include the provision of a Biodiversity Certification Assessment Report (BCAR), or a Biodiversity Development Assessment Report (BDAR), prior to the commencement of community consultation). A BDAR provides guidance on how a proponent can avoid and minimise potential biodiversity impacts and identifies the number and class of biodiversity credits that need to be offset to achieve a standard of 'no net loss' of biodiversity.

The current ecological inventory style report is acceptable for Gateway Determination, on the condition that either a BDAR is prepared and the proponent completes the required offsetting (this may be proposed by the proponent through a Planning Agreement), or an application for Bio-certification is made to the NSW Minister for the Environment.

It is noted that the proposed E4 zone boundaries may need to be revised in the western part of the Planning Proposal area, if further ecological investigations and advice from BCD confirms that modification of the planning proposal is warranted.

It can be noted that Council is considering the introduction of a future conservation incentive clause into the CCLEP, which is an action to be completed in Council’s Biodiversity Strategy. Depending on how this clause operates, it might be able to be used as a mechanism for the 2 Ha lot size to be reduced, if the policy provisions of this policy are met, and once it is in place.

Engineering

Traffic Generation, Design and Transport:

· Traffic generated by the scale of this proposal will not have a significant impact on the surrounding road network. At development application stage the proponent will be required to address the type of intersection treatments required where the new subdivision interfaces with existing roads.

· The steep grade and geometrical constraints of Sandra St may present issues for access for construction traffic, and for ‘Safer by Design’ principles.

§ Upgrade works maybe required or alternative suitable access (Dickson Rd & Cottesloe Rd) locations agreed/provided, to provide adequate construction access.

The geometry of the southern road through Lot 10 Sandra Street shows a 90-degree bend (out of character curve). This will need to be managed through appropriate traffic management measures, which can be determined at DA stage.

· Also, see discussion below identifying potential fire trail link between the cul-de-sacs.

Mine Subsidence:

· Mine subsidence issues will impact infrastructure.

· An additional freeboard allowance for mine subsidence will be required to be added to the flood level.

Slope stability:

· There are steep slopes (over 12%) in some areas - slope stability could be an issue and will require more detailed analysis at DA stage.

Flooding & Water Quality

· The natural low point (watercourse) as evident by the dams on the southern lot and based on the proposed road location will intercept & convey significant stormwater run-off that will need to be safely managed.

§ Stormwater could create some issues due to capacity (system size & cost), erosion & safety issues due to grade & velocities

§ Downstream increases (individual sub catchments & whole catchment) in flooding may occur as a result of the proposal due to increased impervious surfaces.

§ Due to potential issues it is suggested that analysis be undertaken and ensure that downstream properties that already flood are not further impacted.

§ There are water courses that will be affected by the development that may require a Controlled Activity Notice from DPI Water under the Water Management Act.

§ The level of service of the existing Sandra St culverts should be confirmed to provide minimum 1% flood free access.

§ Effluent disposal - there could be water quality issues (detrimental impacts on the floodplain) due to the collective impacts of this proposal.

Natural Assets

Bushfire Prone Lands Assessment

The lands within the subject site are generally Vegetation Category 1 and partly Buffer Area, with small areas of Vegetation Category 2. A substantial area (approx. 50%) of the land within Lot 10, DP 613648 is not identified as Bushfire Prone Land (BFPL). See Figure 9 below.

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Figure 9: Wyong Bushfire Prone Lands Map 2015

Wildlife Corridors and Bushfire Access Fire Trails

Further work is required to determine if the western parts of the proposed Planning Proposal should be zoned (E2 or E3) in consideration of the potential biodiversity impacts of rural-residential development in this location. This corridor would fulfil the function of connecting Mt Alison E2 Environmental Conservation lands with the 35ha bushland lot on the northern side of Cottesloe Road.

A Bush Fire Access Trail (indicated in yellow Figures 10 and 11) could be located on the edge of this bushland with a locked gate at each end, to manage the fire threat effectively.

This would reduce the potential subdivision yield, however would meet the dual needs of biodiversity conservation and human protection during bushfire events.

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Figure 10: Potential Fire Trail Linkage shown Yellow

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Figure 11: Potential Fire Trail Linkage shown Yellow

Floodplain Management

The land identified as flood prone is primarily contained within land to be zoned E3 Environmental Management.

In reviewing the terrain it is clear that the valley floor is very flat at around 0.4% grade downstream. This is also shown along the profile of Sandra Street (see Figure 12).


Terrain over the Site	Profile along Sandra Street

Figure 12: Terrain Mapping

Flooding on this site is as described in the 2009 Porters Creek Flood Study undertaken by Cardno on behalf of Council. This study identifies a range of flood events including the Probable Maximum Flood (PMF). This is the method used to define flood prone land, with generally the 1% flood results used for setting floor levels (see Figure 13 and14).

The extent of flood prone land is that defined by the PMF extent.

PMF Flood depth & Levels

Figure 13: Probable Maximum Flood Extent, Depth and Levels

It is unlikely that the proposal as put forward has any concerns related to flooding of the site. The proponents need to account for local flow paths in developing access and building sites etc.

Figure 14: 1%AEP Flood Extent and Depth

On the basis that the extent of flood prone land is almost fully contained within land proposed to be zoned “E3 Environmental Management” there are no specific requirements other than the usual requirements under the Wyong LEP 2013, Wyong DCP 2013 and the NSW State Government’s Floodplain Development Manual.

External Consultation

Government agency and public consultation requirements will be detailed in the Gateway Determination and conducted accordingly. It is anticipated that due to the existing development surrounding, and the location, that a number of government agencies may be required to be consulted, such as the following:

· Department of Family and Community and Justice (former NSW Rural Fire Service), regarding bushfire matters;

· Transport for NSW, regarding transportation and road networking matters;

· Department of Planning, Industry and Environment on regional planning matters;

· NSW Biodiversity Conservation Division (BCD) on vegetation and biodiversity matters;

· Department of Primary Industries on rural industries; and

· Darkinjung Local Aboriginal Land Council and Guringai Tribal Link (also known as Wannangini), regarding Aboriginal heritage values.

Statutory compliance and strategic justification

The planning proposal has been assessed having regard for relevant State Environmental Planning Policies (SEPPs), Ministerial Section 9.1 Directions and relevant guidelines set out within the regional and local plans, including the CCRP (see Attachment 2 – Strategic Assessment). The proposal is generally consistent with the applicable Ministerial Directions and SEPPs.

Social Impacts

The proposal will expand the available housing choice in terms of providing for additional

Rural-residential living within the northern part of the Central Coast. The site is located outside of the water catchment and relatively close to transport connections and centres. The WLEP 2013 only provides for limited areas of rural residential land, and this land is considered a reasonable expansion of the land use.

Environmental Considerations

Addressed earlier in the report by relevant sections of Council on vegetation clearing, ecological impact, and bushfire hazard reduction planning.

Central Coast Local Strategic Planning Statement

Council’s Interim Local Strategic Planning Statement (LSPS) came into effect on 21 August 2020 after adoption by Council on 29 June 2020. The LSPS aims to identify important agricultural and resource lands and minimise rural-residential sprawl, while supporting rural tourism. It sets a clear vision for the future and a proactive framework for delivering a growing and sustainable Region with a strong network of Centres and thriving and connected communities.

Further investigations of the ecology of the site and potential threatened species impacts will be likely to be required by the Gateway Determination. This site was identified by DPIE as being able to be progressed for rural-residential development independently of the earlier Rural Lands Study, Northern Areas. Notwithstanding, the Planning Proposal documentation will address these important issues.

The following priorities outlined in the LSPS are applicable to this Planning Proposal.

Central Coast Interim Local Strategic Planning Statement (LSPS)
	Planning Priority	Action	Assessment/Comment
22	Create sustainable and Resilient Communities	Protect and minimise land use impacts on the region’s drinking water catchments by ensuring water quality objectives are included in Council’s planning controls. (CCRP Direction 13)	The subject site is generally not located within the Drinking Water Catchment. A small area of Lot 10 only drains to the Catchment. Water quality controls can be applied at development stage.
24	Map, protect, and cherish natural areas and ecosystems	Prepare and implement the Central Coast Biodiversity Strategy, including land use planning principles to protect and manage natural areas and ecosystems of high biodiversity value. (CCRP Direction 12)	Further investigations of the ecology of the site and potential threatened species impacts will be likely to be required by the Gateway Determination.
25	Manage heat wave risks through strategic planting and maintenance of vegetation	Finalise and implement the Greener Places Strategy to mitigate the impacts of climate change on the regions water resources, coastal ecosystems, infrastructure, health, agriculture and biodiversity. (CCRP Direction 14)	Further investigations of vegetation on site and potential threatened species impacts will be likely to be required by the Gateway Determination.
26	Identify important agricultural and resource lands	Prepare a Rural Lands Study and Strategy having regard to the region’s biophysical, infrastructure, and socio-economic factors. (CCRP Direction 11) Work with the State Government to identify and map the most productive and highly suitable land for agricultural industries and natural resource extraction in the Central Coast region. (CCRP Direction 11)	The Rural Lands Study is currently in development. This site was identified by DPIE as being able to be progressed independently of the earlier Rural Lands Study, Northern Areas. This is one of the major aims of the CC Rural Lands Study. Council is awaiting the final DPI Ag mapping for Important Agricultural Lands from DPIE.
27	Minimise rural residential sprawl and support rural tourism	Investigate the suitability for urban development, having regard to agricultural production and environmental protection priorities, and the ability to provide critical infrastructure. (CCRP Direction 23)	This site was identified by DPIE as being able to be progressed independently of the earlier Rural Lands Study, Northern Areas. Notwithstanding, the Planning Proposal documentation will address these important issues.
28	Preserve environmental, scenic, heritage and cultural landscapes	Determine areas within the rural landscape which require preservation because of environmental, scenic, heritage and cultural values, as part of the Rural Lands Study and Strategy. (CCRP Direction 8)	The Planning Proposal documentation will address these important issues.

4.5	Request to Prepare a Planning Proposal for Jilliby Stage 2 Rural-Residential Area
*Attachment 2*	*RZ_2_2020_Strategic Assessment*

Central Coast Council

Strategic Planning Framework Assessment

Various Lots, Sandra Street and Cottesloe Road, Jilliby

PP/2/2020;

November 2020

(a)

Relationship to strategic planning framework

Where a regional or sub-regional plan is in place:

1. Is the planning proposal consistent with the objectives and actions of the applicable regional, sub-regional or district plan (including any exhibited draft plans or strategies)?

Central Coast Regional Plan 2036

The Central Coast Regional Strategy 2036 (CCRP) applies to the Central Coast local government area (LGA).

The CCRP is to provide the basis of planning by the local government and sets out a number of actions. The table below demonstrates that the Planning Proposal is generally consistent with relevant actions identified in the CCRP:

Central Coast Regional Plan
Direction			Applicable	Assessment/Comment
1.		Grow Gosford City Centre as the region's capital	No	Not located within the region’s capital.
2.		Focus economic development in the Southern and Northern Growth Corridors	No	The proposal is not located within the Southern or Northern Growth Corridors. It represents a small rural/residential subdivision in an area which has been identified for this purpose. It is not inconsistent with this Direction.
3.		Support priority economic sectors	No	The proposal is not inconsistent with this Direction.
4.		Strengthen inter- regional and intra- regional connections for business	No	The proposal is not inconsistent with this Direction.
5.		Support new and expanded industrial activity	No	The proposal is not inconsistent with this Direction.
6.		Strengthen the economic self- determination of Aboriginal communities	No	Not Applicable. The proposal is not on land owned by the DLALC.
7.		Increase job containment in the region	No	The proposal is not inconsistent with this Direction.
8.		Recognise the cultural landscape of the Central Coast	No	The proposal is not inconsistent with this Direction.
9.		Protect and enhance productive agricultural land	No	The subject site is not located on prime agricultural lands mapped under Sydney Regional Environmental Plan (SREP) No. 8, nor identified as Biophysical Strategic Agricultural Land (BSAL). It potentially may be included in the current DPI-Ag IAL Mapping exercise, however, this has not yet been finalised and is not available. The proposal is not inconsistent with this Direction.
10.		Secure the productivity and capacity of resource lands	Yes	The proposal is consistent with this Direction. The subject land is underlain by Coal, which will be extracted by the operators of the Wallarah 2 Mine. The proponents have reached agreement with the mine owners (and provided a copy to Council) for appropriate compensation arrangements should surface development be impacted by the mine workings. The land is not mapped the ‘preferred location of extractive industry’. SEPP State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 permits mining and extractive industries with consent wherever an LEP permits agriculture or industry. The RU2 Rural Landscape zoning applies to the land currently and permits “extensive agriculture” without consent. The proposed E3 zone over 2 of the lots (the floodway) will continue to permit “extensive agriculture”, with consent. Farm buildings and other “rural” type activities are also permissible within the E4 zone.
11.		Sustain and balance productive landscapes west of the M1	No	The proposal is not inconsistent with this Direction. The site is not located on resource lands per SREP Nos. 8 and 9 mapping.
12.	Protect and manage environmental values		Yes	The land has historically been used for agricultural purposes and also has been cleared substantially. The area has high biodiversity values, ecological connectivity and Aboriginal cultural heritage values. The surveys relied upon at this stage were conducted prior to 2012 and will need to be updated in accordance with current requirements. Additional cultural surveys will also need to be completed, in the company of indigenous representatives. The proposal is recommended to Council for support with further environmental investigations recommended to be carried out, as follows: - appropriate level of survey (including targeted species surveys) in accordance with requirements of the Biodiversity Conservation Act, 2016 and/or Office Environment & Heritage (OEH/DPIE) guidelines to demonstrate the avoidance and minimisation of impacts.
13.	Sustain water quality and security		Yes	The proposal is consistent with this Direction. The subject site is generally not located within the Drinking Water Catchment. A small area of Lot 10 only drains to the Catchment.
14.	Protect the coast and manage natural hazards and climate change		Yes	The proposal is consistent with this Direction. The proposal is not affected by coastal hazards. The site comprises Category 1, Category 2 Bushfire Prone Vegetation and includes Buffer areas. Future development of the site will be required to include relevant measures to ensure the security of land improvements, such Asset Protection Zones (APZs).
15.	Create a well-planned, compact settlement pattern		Yes	The subject proposal is consistent with this Direction. The proposal will deliver Rural-Residential lots.
16.	Grow investment opportunities in the region’s centres		No	The subject proposal is not within a centre.
17.	Align land use and infrastructure planning		Yes	The subject proposal is consistent with this Direction. Drainage and traffic infrastructure may require upgrades with the development.
18.	Create places that are inclusive, well-designed and offer attractive lifestyles		Yes	The subject proposal is consistent with this Direction. The proposal will deliver Rural-Residential lots.
19.	Accelerate housing supply and improve housing choice		Yes	The proposal will deliver Rural-Residential lots, increasing the supply and choice of available housing styles.
20.	Grow housing choice in and around local centres		No	The proposal does not relate to housing supply in or near a centre.
21.	Provide housing choice to meet community needs		Yes	The proposal will deliver Rural-Residential lots, increasing the supply and choice of available housing styles.
22.	Deliver housing in new release areas that are best suited to building new communities		Yes	The proposal will deliver Rural-Residential lots, increasing the supply and choice of available housing styles. The site is not within a new release area, however, is relatively close to the future Warnervale Town Centre Release Areas.
23.	Manage rural lifestyles		Yes	The proposal will deliver Rural-Residential lifestyle lots, increasing the supply and choice of available rural housing styles and lifestyle opportunities.

Table 1: Central Coast Regional Plan Assessment

2. Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other local strategic plan?

Central Coast Community Strategic Plan – One: Central Coast

The Central Coast Community Strategic Plan outlines a set of guiding principles, aspirations and values for the community. These reflect on social, economic, environmental and governance aspects for now and the future.

The following strategies outlined in the Community Strategic Plan are applicable to this Planning Proposal:

Theme - Belonging
Focus Area – Creativity, connection and local identity
Objectives	Assessment
B1 Support reconciliation through the celebration of Aboriginal and Torres Strait Islander cultures	The Aboriginal Heritage Information Management System (AHIMS) GIS mapping indicates no Aboriginal sites or places on the subject land. Further Aboriginal heritage investigation and consultation with local Aboriginal groups will be required, should a Gateway be granted, to ascertain if the proposal is consistent with this Objective.
Theme - Green
Focus Area – Cherished and Protected Natural Beauty
Objectives	Assessment
F1 Protect our rich environmental heritage by conserving beaches, waterways, bushland, wildlife corridors and inland areas and the diversity of local native species	The land has historically been used for agricultural purposes and also has been cleared substantially. Some vegetation (Spotted Gum Ironbark Forest) will be removed or modified, of which much is already in a disturbed or modified state. The revised study area is affected on the western edge by an identified regional vegetation corridor that connects Mount Alison to the vegetation north of Cottesloe Rod along a ridgeline. The proposal is recommended to Council for support with further environmental investigations recommended to be carried out, as follows: · appropriate level of survey (including targeted species surveys) in accordance with requirements of the Biodiversity Conservation Act, 2016 and/or Office Environment & Heritage (OEH) guidelines to demonstrate the avoidance and minimisation of impacts.
Theme - Responsible
Focus Area – Balanced and Sustainable Development
Objectives	Assessment
I1 Preserve local character and protect our drinking water catchments, heritage and rural areas by concentrating development along transport corridors and town centres east of the M1	Consistent. The proposal will logically complete the Jilliby Rural-Residential area. The higher, steeper, vegetated and low lying flood prone land will retain existing RU2, E2 and E3 zonings.
I2 Ensure all new developments are well planned with good access to public transport, green space and community facilities and support active transport	Consistent. See above I1.
I3 Ensure land use planning and development is sustainable and environmentally sound and considers the importance of local habitat, green corridors, energy efficiency and stormwater management	See above F1. Further environmental investigation will be required, should a Gateway be granted, to ascertain if the proposal is consistent with this Action.

Table 2 – Community Strategic Plan Assessment

Local Strategic Planning Statement

The following priorities outlined in the LSPS are applicable to this Planning Proposal.

Environment
22	Planning Priority	Action	Assessment
22	Create Sustainable and Resilient Communities	Protect and minimise land use impacts on the region’s drinking water catchments by ensuring water quality objectives are included in Council’s planning controls. (CCRP Direction 13)	The subject site is generally not located within the Drinking Water Catchment. A small area of Lot 10 only drains to the Catchment. Water quality controls can be applied at development stage.
24	Map, protect, and cherish natural areas and ecosystems	Prepare and implement the Central Coast Biodiversity Strategy, including land use planning principles to protect and manage natural areas and ecosystems of high biodiversity value. (CCRP Direction 12)	Further investigations of the ecology of the site and potential threatened species impacts will be likely to be required by the Gateway Determination.
26	Manage heat wave risks through strategic planting and maintenance of vegetation	Finalise and implement the Greener Places Strategy to mitigate the impacts of climate change on the regions water resources, coastal ecosystems, infrastructure, health, agriculture and biodiversity. (CCRP Direction 14)	Further investigations of vegetation on site and potential threatened species impacts will be likely to be required by the Gateway Determination.
Agriculture and Rural Land
27	Planning Priority	Action	Assessment
27	Identify and Protect important agricultural and resource lands for local sustainability	Prepare a Rural Lands Study and Strategy having regard to the region’s biophysical, infrastructure, and socio-economic factors. (CCRP Direction 11) Work with the State Government to identify and map the most productive and highly suitable land for agricultural industries and natural resource extraction in the Central Coast region. (CCRP Direction 11)	The Rural Lands Study is currently in development. This site was identified by DPIE as being able to be progressed independently of the earlier Rural Lands Study, Northern Areas. This is one of the major aims of the CC Rural Lands Study. Council is awaiting the final DPI Ag mapping for Important Agricultural Lands from DPIE.
28	Minimise rural residential sprawl and support rural tourism	Investigate the suitability for urban development, having regard to agricultural production and environmental protection priorities, and the ability to provide critical infrastructure. (CCRP Direction 23)	This site was identified by DPIE as being able to be progressed independently of the earlier Rural Lands Study, Northern Areas. Notwithstanding, the Planning Proposal documentation will address these important issues.
29	Preserve environmental, scenic, heritage and cultural landscapes	Determine areas within the rural landscape which require preservation because of environmental, scenic, heritage and cultural values, as part of the Rural Lands Study and Strategy. (CCRP Direction 8)	The Planning Proposal documentation will address these important issues.

Table 3 – Local Strategic Planning Statement Assessment

3. Is the planning proposal consistent with applicable state environmental planning policies?

The proposal has been considered against the relevant State Environmental Planning Policies (SEPP) as detailed below.

State Environmental Planning Policies
SEPP	CONSISTENCY
SEPP 55 – Remediation of Land
Aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment. (a) by specifying when consent is required, and when it is not required, for a remediation work, and (b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and (c) development applications for consent to carry out a remediation work in particular, and (d) by requiring that a remediation work meet certain standards and notification requirements.	Applicable & Consistent. The Applicant’s planning report states that a search of the Environmental Protection Authority’s Contaminated Land Records reveals no entries, notices, actions or management proposals issued under the Contaminated lands Act for the subject land. At the DA stage, should the planning proposal proceed and be finalised, a Preliminary Site Contamination Assessment per SEPP 55 will be required to support any proposed development.
SEPP (Coastal Management) 2018
The aim of this Policy is to promote an integrated and coordinated approach to land use planning in the coastal zone in a manner consistent with objects of the Coastal Management Act 2016, including the Management objectives for each coastal management area, by: (a) managing development in the coastal zone and protecting the environmental assets of the coast, and (b) establishing a framework for land use planning to guide and decision-making in the coastal zone, and mapping the 4 coastal management areas that comprise the NSW coastal zone for the purpose of the definitions in the Coastal Management Act 2016.	Not Applicable. The subject land is not within the areas affected by this SEPP.
SEPP (Mining, Petroleum & Extractive Industries) 2007
Aims: (a) to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State, and (b) to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources, and (b1) to promote the development of significant mineral resources, and (c) to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment, and sustainable management, of development of mineral, petroleum and extractive material resources, and (d) to establish a gateway assessment process for certain mining and petroleum (oil and gas) development: (i) to recognise the importance of agricultural resources, and (ii) to ensure protection of strategic agricultural land and water resources, and (iii) to ensure a balanced use of land by potentially competing industries, and (iv) to provide for the sustainable growth for mining, petroleum and agricultural industries.	Applicable & Consistent. SEPP State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 permits mining and extractive industries with consent wherever an LEP permits agriculture or industry. The current RU2 Rural Landscape zone permits extensive agriculture without consent and other rural uses with consent. The E4 zone proposed over the majority of the land permits horticulture, bee keeping and some other rural activities with consent, and the E3 zone to apply to part of the land permits extensive agriculture, horticulture, farm buildings, etc., with consent.
SEPP (Vegetation in Non-Rural Areas) 2017
The aims of this Policy are as follows: (a) to establish the process for assessing and identifying sites as urban renewal precincts, (b) to facilitate the orderly and economic development and redevelopment of sites in and around urban renewal precincts, (c) to facilitate delivery of the objectives of any applicable government State, regional or metropolitan strategies connected with the renewal of urban areas that are accessible by public transport.	Applicable & Consistent. Currently not applicable as this SEPP does not apply to land zoned RU2, but it will apply when the lands are rezoned to E3 and E4, meaning clearing Permits and land clearing activities will generally be brought under Council’s control.
SEPP (Aboriginal Land) 2019
Aims: (a) to provide for development delivery plans for areas of land owned by Local Aboriginal Land Councils to be considered when development applications are considered, and (b) to declare specified development carried out on land owned by Local Aboriginal Land Councils to be regionally significant development.	Not applicable. The land is not identified in the mapping supporting this SEPP.
SEPP (Primary Production and Rural Development) 2019
Aims (a) to facilitate the orderly economic use and development of lands for primary production, (b) to reduce land use conflict and sterilisation of rural land by balancing primary production, residential development and the protection of native vegetation, biodiversity and water resources, (c) to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations, (d) to simplify the regulatory process for smaller-scale low risk artificial waterbodies, and routine maintenance of artificial water supply or drainage, in irrigation areas and districts, and for routine and emergency work in irrigation areas and districts, (e) to encourage sustainable agriculture, including sustainable aquaculture, (f) to require consideration of the effects of all proposed development in the State on oyster aquaculture, (g) to identify aquaculture that is to be treated as designated development using a well-defined and concise development assessment regime based on environment risks associated with site and operational factors.	Not applicable. The subject land is not mapped as prime agricultural land.
SEPP Infrastructure
The aim of this Policy is to facilitate the effective delivery of infrastructure across the State.	Not Applicable unless in relation to development carried out by on behalf of Council or a NSW Agency
Deemed State Environmental Planning Policies – Assessment
Deemed SEPP		Consistency
Sydney Region Environmental Plan No. 8 Central Coast Plateau Areas		Comment
The relevant aims of the deemed SEPP are: - to provide a basis for evaluating competing land uses - to direct development for non-agricultural purposes to land of lesser agricultural capability and • to encourage the preparation of draft LEPs based on merits		Not Applicable.
SREP No. 9 Extractive Industry (No2 – 1995)
2 Aims, objectives (a) to facilitate the development of extractive resources in proximity to the population of the Sydney Metropolitan Area by identifying land which contains extractive material of regional significance.		Applicable and consistent. SEPP State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 permits mining and extractive industries with consent wherever an LEP permits agriculture or industry. The current RU2 Rural Landscape zone permits extensive agriculture without consent and other rural uses with consent. The E4 zone proposed over the majority of the land permits horticulture, bee keeping and some other rural activities with consent, and the E3 zone to apply to part of the land permits extensive agriculture, horticulture, farm buildings, etc., with consent.
(b) to permit, with the consent of the council, development for the purpose of extractive industries on land described in Schedule 1 or 2, and		Consistent. The subject land is not identified within Schedule 1 or 2 (nor on the map).
(c) to ensure consideration is given to the impact of encroaching development on the ability of extractive industries to realise their full potential.		Consistent. The subject land is not located near affected lands.
3 Future development controls for extraction from Schedule 1 or 2 land (a) council should not prepare a draft local environmental plan to prohibit development for the purpose of an extractive industry on land described in Schedule 1 or 2.		The subject land is not identified within Schedule 1 or 2 (nor on the map).
State Regional Environmental Plan No 20 – Hawkesbury – Nepean River (No2 – 1997)
Aims Objectives and Special Provisions of SREP 20 3 Aim of this plan The aim of this plan is to protect the environment of the Hawkesbury-Nepean River system by ensuring that the impacts of future land uses are considered in a regional context.		Not applicable The land is not mapped under the SREP

Table 4 – State Environmental Planning Policy Assessment

4. Is the planning proposal consistent with applicable Ministerial Directions (s.9.1 Directions)?

The proposal has been considered against the relevant Ministerial Directions as summarised below. The full assessment of these Directions is contained within the Attachments of this proposal.

Ministerial Section 9.1 Directions

Direction

Comment

Employment & Resources

1.1 Business & Industrial Zones

Aims to encourage employment growth in suitable locations, protect employment land in business and industrial zones and to support the viability of identified centres.

Applies when a planning proposal affects land within an existing or proposed business or industrial zone.

Not Applicable.

1.2 Rural Zones

Aims to protect the agricultural production value of rural land.

Applies when a planning proposal affects land within an existing or proposed rural zone.

Applicable.

The direction states that a Planning Proposal must not rezone land from a rural zone to a residential, business, industrial, village or tourist zone.

A planning proposal may be inconsistent with the terms of this direction if;

- the council can satisfy the Department of Planning Industry & Environment (DoPIE) that the provisions of the planning proposal that are inconsistent are justified by a study (prepared in support of the planning proposal) which considers the objectives of this direction, or

- the proposal is of minor significance

No state government recognised study to justify this rezoning exists. The rural zone will not be retained, as Environmental zones are proposed. Therefore the proposal does not contain provisions that will increase the permissible density of land within a rural zone.

The subject land is not mapped as being ‘prime agricultural land’, nor Biophysical Strategic Agricultural Land

The land is zoned RU2 – Rural Landscape, but not RU1 – Primary Production.

The proposal is not considered to be alienating agricultural production.

The inconsistency of the proposal with this Direction is of minor significance.

1.3 Mining, Petroleum Production and Extractive Industries

Aims to ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development.

Applies when a planning proposal would have the effect of prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or restricting the potential of development resources of coal, other mineral, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development.

Applicable and consistent.

The subject land is underlain by Coal, which will be extracted by the operators of the Wallarah 2 Mine. The proponents have reached agreement with the mine owners (and provided a copy to Council) for appropriate compensation arrangements should surface development be impacted by the mine workings. The land is not mapped the ‘preferred location of extractive industry’.

SEPP State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 permits mining and extractive industries with consent wherever an LEP permits agriculture or industry. The RU2 Rural Landscape zoning applies to the land currently and permits “extensive agriculture” without consent. The proposed E3 zone over 2 of the lots (the floodway) will continue to permit “extensive agriculture”, with consent. Farm buildings and other “rural” type activities are also permissible within the E4 zone.

The proposal is consistent with this Direction.No. 9

1.4 Oyster Aquaculture

Aims to ensure that Priority Oyster Aquaculture Areas and oyster aquaculture outside such an area are adequately considered, and to protect Priority Oyster Aquaculture Areas and oyster aquaculture outside such an area from land uses that may result in adverse impacts on water quality and consequently, on the health of oysters and oyster consumers. Applies when a planning proposal could result in adverse impacts on a Priority Oyster Aquaculture Areas or current oyster aquaculture lease in the national parks estate or results in incompatible use of land between oyster aquaculture in a Priority Oyster Aquaculture Area or current oyster aquaculture lease in the national parks estate and other land uses.

Not Applicable.

There are no ‘Priority Oyster Aquaculture Areas’ (POAA) near the site.

The proposal is consistent with this direction.

1.5 Rural Lands

Objectives are to;

- protect the agricultural production value of rural land;

- facilitate the orderly and economic development of rural lands for rural and related purposes;

- assist in the proper management, development and protection of rural lands to promote the social, economic and environmental welfare of the State;

- minimise the potential for land fragmentation and land use conflict in rural areas, particularly between residential and other rural land uses;

- encourage sustainable land use practices and ensure the ongoing viability of agriculture on rural land;

- support the delivery of the actions outlined in the New South Wales Right to Farm Policy.

Applicable and consistent.

The subject land is not covered by Sydney Regional Plan No: 8 (deemed SEPP).

The subject land is not mapped as being ‘prime agricultural land’.

The land is zoned RU2 – Rural Landscape, but not RU1 – Primary Production.

The proposal will not be inconsistent with the objectives.

Environment & Heritage

2.1 Environmental Protection Zones

Aims to protect and conserve environmentally sensitive areas.

Applies when the relevant planning authority prepares a planning proposal.

Applicable and Consistent. Further investigation post gateway will be required.

The proposal is recommended to Council for support with further environmental investigations recommended to be carried out, as follows:

• appropriate level of survey (including targeted species surveys) in accordance with requirements of the Biodiversity Conservation Act, 2016 and/or Office Environment & Heritage (OEH) guidelines to demonstrate the avoidance and minimisation of impacts.

2.2 Coastal Management

Aims to protect and manage coastal areas of NSW. Applies when a planning proposal applies to land in the Coastal Zone as defined under the Coastal Management Act 2016.

Not Applicable.

The Coastal Zone is defined under the Coastal Management Act as those lands identified as coastal wetlands and littoral rainforests areas, coastal vulnerability environmental and coastal use areas which are mapped under SEPP Coastal Management. No ‘coastal zone’ areas are located in the vicinity of the subject site.

2.3 Heritage Conservation

Aims to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance.

Applies when the relevant planning authority

prepares a planning proposal.

Applicable.

Further investigation post gateway will be required regarding this matter.

The AHIMS database has not identified Aboriginal Cultural Heritage items within 1,000m of the subject land.

Wyong LEP 2013 does not identify any European Heritage items within the proposal area.

A comprehensive Aboriginal Archaeological and Cultural Heritage survey will be required to be undertaken in accordance with the NSW Office of Environment and Heritage investigation, assessment and reporting guidelines, inclusive of relevant consultation with indigenous groups. Should the proposal progress to receipt of a Gateway Determination, an investigation into Aboriginal heritage values will be required to be prepared.

2.4 Recreational Vehicle Areas

Aims to protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles.

Applies when the relevant planning authority prepares a planning proposal.

Applicable and consistent.

The proposal does not seek to provide recreational vehicle areas.

2.5 Application of E2 and E3 Zones and Environmental Overlays in Far North Coast LEPs

Aims to ensure that a balanced and consistent approach is taken when applying environmental protection zones and overlays to land on the NSW Far North Coast.

Not Applicable

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

Housing, Infrastructure and Urban Development

3.1 Residential Zones

Aims to encourage a variety and choice of housing types to provide for existing and future housing needs, to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services and to minimise the impact of residential development on the environment and resource lands.

Applies when a planning proposal affects land within an existing or proposed residential zone, and any other zone in which significant residential development is permitted or proposed to be permitted.

Not Applicable.

Proposal is not within or proposing residential zonings.

3.2 Caravan Parks and Manufactured Home Estates

Aims to provide for a variety of housing types and provide opportunities for caravan parks and manufactured home estates.

Applies when the relevant planning authority prepares a planning proposal.

Not Applicable.

Caravan Parks are not permissible under the current RU2 zoning, or the proposed E3 or E4 zones.

3.3 Home Occupations

Aims to encourage the carrying out of low impact small business in dwelling houses.

Applies when the relevant planning authority prepares a planning proposal.

Applicable and consistent.

The proposed E3 and E4 zones permit Home Occupations without consent.

3.4 Integrating Land Use & Transport

Aims to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts to achieve: improving access to housing, jobs and services by walking, cycling and public transport; increasing choice of available transport and reducing dependence on cars; reducing travel demand; supporting efficient and viable public transport services; and provide for efficient movement of freight.

Applies when a planning proposal creates alters or moves a zone or provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes.

Not Applicable.

3.5 Development Near Regulated Airports and Defence Airfields

Aims to ensure the effective and safe operation of regulated airports and defence airfields; to ensure that their operation is not compromised by development that constitutes an obstruction, hazard or potential hazard to aircraft flying in the vicinity; and to ensure development, if situated on noise sensitive land, incorporates appropriate mitigation measures so that the development is not adversely affected by aircraft noise.

Applies when a planning proposal creates, alters or removes a zone or provision relating to land near a regulated airport which includes a defence airfield.

Not Applicable.

The subject land is not located within the ANEF Contour 20 of the Warnervale Airport and any development on the land would be unlikely to exceed the Obstacle Limitation Surface Level.

The land is not near a defence airfield.

3.6 Shooting Ranges

Aims to maintain appropriate levels of public safety and amenity when rezoning land adjacent to an existing shooting range, to reduce land use conflict arising between existing shooting ranges and rezoning of adjacent land, and to identify issues that must be addressed when giving consideration to rezoning land adjacent to an existing shooting range.

Applies when a relevant planning authority prepares a planning proposal that will affect, create, alter or remove a zone or a provision relating to land adjacent to and/ or adjoining an existing shooting range.

Not Applicable

The land does not lie adjacent or near to a shooting range.

3.7 Reduction in non- hosted short term rental accommodation period

Applies when a Council prepares a planning proposal to identify or reduce the number of days that non- hosted short term rental accommodation may be carried out in parts of its local government area. Applies to Byron Bay Shire Council

Not Applicable

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

Hazard & Risk

4.1 Acid Sulfate Soils

Aims to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

Applies when a planning proposal applies to land having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps.

Applicable and consistent.

The subject land is not identified as having potential acid sulfate soils. The soils in the locality however have been identified as highly erosional.

Intensification of land uses on such soils can result in increased sedimentation of watercourses affecting aquatic habitat. Resultant impacts can include reduction in dissolved oxygen, promoting algal growth, diminished plant growth reducing the ability of nitrogen and phosphorus absorption.

A soil suitability and capability assessment will be required to examine on-site waste water treatment options should the proposal be supported by the gateway. The proposed zoning, E4 with a 2Ha minimum area, will likely create lots of appropriate size. This report will influence future requirements for establishing minimum lot sizes as part of this planning proposal.

4.2 Mine Subsidence & Unstable Land

Aims to prevent damage to life, property and the environmental on land identified as unstable or potentially subject to mine subsidence.

Applies when a planning proposal permits development on land which is within a mine subsidence district, or identified as unstable in a study, strategy or assessment undertaken by or on behalf of the relevant planning authority or other public authority and provided to the relevant planning authority.

Applicable.

The subject land is located within an area which will be undermined by the Wallarah 2 underground coal mine.

Longwall panels 1N – 6N are located below the revised planning proposal study area. The height of coal extraction in this locality is between 4.0 and 4.5m. Subsidence impacts in the area range between 0 – 1.5m. The maximum tilt predicted for the subject land is 5.0mm/m for longwall panels 1N – 4N and 10mm/m for longwall panels 5N – 10N. The proponents have reached agreement with the mine owners (and provided a copy of their signed Draft Heads of Agreement to Council), for appropriate compensation arrangements should surface development be impacted by the mine workings.

Further consultation with DPIE will occur to discuss potential impacts of this project on the Jilliby Stage 2 planning proposal in addition to advice from the Subsidence Advisory NSW at consultation stage, in accordance with s3.34.

4.3 Flood Prone Land

Aims to ensure: development on flood prone land is consistent with NSW Government’s Flood Prone Land Policy and principles of the Floodplain Development Manual 2005; and provisions of an LEP on flood prone land are commensurate with flood hazard and include consideration of the potential flood impacts

Applicable and consistent.

The subject land incorporates an unnamed water feature which is affected by the 1% Annual Exceedence Probability (AEP) flood event.

The water feature impacts Lot 4 DP2467272 No.60 Sandra Street and Lot 11 DP 613648 No.70 Sandra Street. These lots are proposed to be rezoned to E3 Environmental Management and retain the 40 Ha minimum lot size.

The proponent may be required to undertake a flood study to determine the full level of flood affectation on the site, in addition to developing appropriate flood risk management plans should the proposal be supported by the gateway.

All development is to comply with Council’s LEP and also DCP requirements particularly with regards to Water Cycle Management, so as not to increase run-off from the site from pre-development conditions.

The proposal is consistent with this Direction.

5.4 Commercial and Retail Development along the Pacific Highway, North Coast

Aims to manage commercial and retail development along the Pacific Highway, North Coast.

Applies to all councils between and inclusive of Port Stephens and Tweed Shire Councils.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

5.9 North West Rail Link Corridor Strategy

Aims to promote transit-oriented development and manage growth around the eight train stations of the North West Rail Link (NWRL) and ensure development within the NWRL corridor is consistent with the proposals set out in the NWRL Corridor Strategy and precinct Structure Plans.

This Direction applies to Hornsby Shire Council, The Hills Shire Council and Blacktown City Council.

Not Applicable

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

5.10 Implementation of Regional Plans

Aims to give legal effect to the vision, land use strategy, goals, directions and actions contained in Regional Plans.

Applies when the relevant planning authority prepares a planning proposal.

Applicable and consistent.

See section above on compliance with the Central Coast Regional Plan 2036.The proposal is consistent with most relevant actions. Further studies to ascertain compliance with remaining relevant actions will be required post Gateway.

5.11 Development of Aboriginal Land Council Land

Aims to provide for the consideration of development delivery plans prepared under the State Environmental Planning Policy (Aboriginal Land) 2019.

Applies when the relevant planning authority prepares a planning proposal for land shown on the Land Application Map of the SEPP (Aboriginal Lands) 2019.

Not applicable

The land is not owned by an Aboriginal land council and it is not affected by the SEPP (Aboriginal Land).

Local Plan Making

6.1 Approval and Referral Requirements

Aims to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

Applies when the relevant planning authority prepares a planning proposal.

Applicable and consistent.

The planning proposal will not increase the need for referrals for development applications.

6.2 Reserving Land for Public Purposes

Aims to facilitate the provision of public services and facilities by reserving land for public purposes, and facilitate the removal of reservations of land for public purposes where land is no longer required for acquisition.

Applies when the relevant planning authority prepares a planning proposal.

Not Applicable

Subject proposal is not reserving land for public purposes.

6.3 Site Specific Provisions

Aims to discourage unnecessarily restrictive site-specific planning controls.

Applies when the relevant planning authority prepares a planning proposal to allow particular development to be carried out.

Not Applicable,

No specific land use or particular development is proposed.

Metropolitan Planning

7.1 Implementation of A Plan for Growing Sydney

Aims to give legal effect to the planning principles, directions and priorities for sub regions, strategic centres and transport gateways contained in A Plan for Growing Sydney

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

7.2 Implementation of Greater Macarthur Land Release Investigations

Aims to ensure development within the Greater Macarthur Land Release Investigation Area is consistent with the Greater Macarthur Land Release Preliminary Strategy and Action Plan.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

7.3 Parramatta Road Corridor Urban Transformation Strategy

Aims to facilitate development within the Parramatta Road Corridor that is consistent with the Parramatta Road Corridor Urban Transformation Strategy (November 2016) and the Parramatta Road Corridor

Implementation Tool Kit. To provide a diversity of jobs and housing to meet the needs of a broad cross-section of the community and guide the incremental transformation of the Parramatta Road Corridor in line with the delivery of necessary infrastructure.

This Direction applies to City of Parramatta Council, Cumberland Council, Strathfield Council, Burwood Council, Canada Bay Council and Inner West Council.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford) LGAs

7.4 Implementation of North West Priority Growth Area Land Use and Infrastructure Implementation Plan

Aims to ensure development within the North West Priority Growth Area is consistent with the North West Priority Growth Area Land Use and Infrastructure Strategy (the Strategy)

This direction applies to Blacktown City Council, The Hills Shire Council and Hawkesbury City Council.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

7.5 Implementation of Greater Parramatta Priority Growth Area Interim Land Use and Infrastructure Implementation Plan

The objective of this direction is to ensure development within the Greater Parramatta Priority Growth Area is consistent with the Greater Parramatta Priority Growth Area Interim Land Use and Infrastructure Implementation Plan dated July 2017 (the interim Plan).

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

7.6 Implementation of Wilton Priority Growth Area Interim Land Use and Infrastructure Implementation Plan

The objective of this direction is to ensure development within the Wilton Priority Growth Area is consistent with the Wilton Interim Land Use and Infrastructure Implementation Plan and Background Analysis. This direction applies to Wollondilly Shire Council

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs).

7.7 Implementation of Glenfield to Macarthur Urban Renewal Corridor

The objective of this direction is to ensure development within the precincts between Glenfield and Macarthur is consistent with the plans for these precincts. This direction applies to Campbelltown City Council

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs)

7.8 Implementation of Western Sydney Aerotropolis Interim Land Use and Infrastructure Implementation Plan

The objective of this direction is to ensure development within the Western Sydney Aerotropolis is consistent with the Stage 1 Western Sydney Aerotropolis Land Use and Infrastructure Implementation Plan dated August 2018 (the Stage 1 Land Use and Implementation Plan). This direction applies to Liverpool, Penrith, Blue Mountains, Blacktown Campbelltown City and Fairfield City Councils, Camden and Wollondilly Shire Council.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs)

7.9 Implementation of Bayside West Precincts 2036 Plan

The aim is to ensure development within the Bayside West Precincts (Arncliffe, Banksia and Cooks Cove) is consistent with the Bayside West Precincts 2036 Plan (the Plan). This direction applies to land within the Bayside local government area.

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs)

7.10 Implementation of Planning Principles for the Cooks Cove Precinct

The objective of this direction is to ensure development within the Cooks Cove Precinct is consistent with the Cooks Cove Planning Principles.

This direction applies to land within the Cooks Cove

Precinct in the Bayside local government area, as shown on Map Sheet LAP_001 Cooks Cove Precinct Section 9.1 Direction

Not Applicable.

This Direction does not apply to the Central Coast Local Government Area (or former Wyong or Gosford LGAs)

Table 5: Section 9.1Ministerial Direction Compliance

2.1	Working Together Staying Strong COVID Grants - September 2020
*Attachment 1*	*Working Together Staying Strong Funding Recommended*

2.1	Working Together Staying Strong COVID Grants - September 2020
*Attachment 2*	*Working Together Staying Strong Funding Not Recommended*

2.2	Chain Valley Colliery/Delta Coal Community Funding Program - 2020
*Attachment 2*	*Chain Valley Colliery Community Assessment Panel Meeting Minutes*

2.2	Chain Valley Colliery/Delta Coal Community Funding Program - 2020
*Attachment 3*	*2020 Chain Valley Colliery Community Fund Recommended for Funding*

2.2	Chain Valley Colliery/Delta Coal Community Funding Program - 2020
*Attachment 4*	*Chain Valley Colliery Fund Guidelines*

Appendix C: Project Team Terms of Reference

Schedule 2 – Conflict of Interest Declaration

3.1	Business Recovery Plan
*Attachment 1*	*Business Recovery Plan Tasks Update - 21012021*

3.1	Business Recovery Plan
*Attachment 5*	*Property and Asset Sales Project Team Terms of Reference*

3.1	Business Recovery Plan
*Attachment 6*	*Michael Filo CV*

3.1	Business Recovery Plan
*Attachment 7*	*Steve Rowe CV*

3.2	Amendments to Policy for Investment Management - November 2020
*Attachment 1*	*Amended Policy for Investment Management - November 2020*

3.4	Investment Report for December 2020
*Attachment 1*	*Summary of Investments as at 31 December 2020*

*3.4*	Investment Report for December 2020
*Attachment 2*	*Summary of Restrictions as at 31 December 2020*

4.3	Outcomes of consultation the draft Smoke-free Outdoor Public Places Policy
*Attachment 1*	*Submissions - Smoke free outdoor public places policy*

4.4	Cost of Emergency Works at Wamberal Beach and The Entrance North Beach
*Attachment 1*	*Letter from DPIE Emergency Coastal Works Grant - Wamberal*

4.6	Policy for Development Application Functions
*Attachment 1*	*Policy on Assessment of Development Applications*

4.7	Revocation of Council Policies
*Attachment 1*	*Section 149 Certificate Natural and Other Hazards Encoding - Revocation of Council Policies*

*4.7*	Revocation of Council Policies
*Attachment 2*	*Setback Policy Creeks Rivers Lagoons - Revocation of Council Policies*

5.1	Central Coast Stadium Final Strategy Report
*Attachment 1*	*Central Coast Stadium Strategy - Consultation Report*