REVIEW OF PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000 by lefttoleave

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									STRATEGIC COMMITTEE – 7TH JULY 2009


ITEM NO.      4                                               FILE NO: PSC2008-3522

REVIEW OF PORT STEPHENS LOCAL ENVIRONMENTAL PLAN 2000

REPORT OF: TREVOR ALLEN - MANAGER, INTEGRATED PLANNING

RECOMMENDATION IS THAT COUNCIL:

   1. Adopt the draft Local Environmental Plan No. 31 to amend the Port Stephens
      Local Environmental Plan 2000 which includes the following:
      • Minor editing and clarification of clauses
      • Modification of level of significance for existing cemeteries
      • Inclusion of existing potential archaeological items in the local
         significance schedule
      • Modification to the definitions of “clearing”, “earthworks” and “utility
         undertakings”.

   2. Pursuant to Section 69 of the Environmental Planning and Assessment Act,
      1979, Council submit the draft Plan to the Department of Planning with the
      recommendation it be made by the Minister for Planning.


The purpose of this Report is to recommend Council adopt the draft Plan to amend
the Port Stephens Local Environmental Plan (LEP) 2000. The draft Plan has been
exhibited in accordance with the provisions of the Environmental Planning and
Assessment Act, 1979 (the Act) with no submissions being received.

BACKGROUND

On the 22 July 2008 Council resolved to prepare a draft Plan pursuant to Section 54
of the Act. The draft Plan proposed to make a number of amendments to the Port
Stephens LEP 2000 as listed below:

   •   Minor editing and clarification of clauses;
   •   Deletion of the 5(g) Special Urban (Flood Affected) zone and replacement
       with alternative zones under the Port Stephens Local Environmental Plan 2000
       zones for residential, industrial and commercial;
   •   Modification to level of heritage significance for existing cemeteries listed as a
       heritage item;
   •   Inclusion of the listed existing potential archaeological items as a heritage
       item;
   •   Modification to the definitions of “clearing”, “earthworks” and “utility
       undertakings”; and
   •   Site specific rezonings.

The Report initially recommended the prohibition of dual occupancy development
in the Rural 1(a) zone, however, Council resolved not to support this. As a result the


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matter was not included in the draft Plan and dual occupancy development
remains permissible with consent in the Rural 1(a) zone.

The Department of Planning authorised exhibition of the draft Plan under section 65
of the Act subject to:

   •   Deletion of the 5(g) Special Urban (Flood Affected) zone be deferred pending
       the preparation of a Town Centre Study for Raymond Terrace;
   •   The two site specific rezonings for Medowie and one to amend the zone
       boundary at Taylors Beach Industrial Estate be dealt with as separate draft
       plans; and
   •   The proposed “earthworks” definition to be identical to the Standard
       Template LEP definition.

A full copy of the advice from the Department of Planning was provided to
Councillors in March 2009.

As a result of the Department’s advice the draft Plan was amended prior to
exhibition and is now limited to minor editing and clarification of clauses,
modification to the level of heritage significance for existing cemeteries, inclusion of
listed existing potential archaeological items as heritage items and modification to
the definitions of “clearing”, “earthworks”, and “utility undertakings”.

A copy of the amended draft Plan is listed as Attachment 1 of this Report. No
changes were made to the draft Plan following exhibition as no submissions were
received.

LINKS TO CORPORATE PLANS

The links to the 2007-2011 Council Plan are:-

SOCIAL SUSTAINABILITY –          Council will preserve and strengthen the fabric of
                                 the community, building on community strengths.

CULTURAL SUSTAINABILITY –        Council will assist to inspire a sense of pride and
                                 place as well as enhancing quality of life and
                                 defining local identity.

ECONOMIC SUSTAINABILITY –        Council will support the economic sustainability of its
                                 communities      while    not   compromising        its
                                 environmental and social well being.

ENVIRONMENTAL                    Council will protect and enhance the environment
                                 while
SUSTAINABILITY –                 considering the social and economic ramifications
                                 of decisions.




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STRATEGIC COMMITTEE – 7TH JULY 2009

FINANCIAL/RESOURCE IMPLICATIONS

The financial impacts associated with these amendments have been funded from
the existing operational budget and using current staff resources. No additional
funds are being sort for this work.

LEGAL AND POLICY IMPLICATIONS

Adoption of the recommendations of this Report will continue the formal process
commenced with the Council resolution of 22 July 2008 to amend LEP 2000. All
aspects of this draft LEP have been undertaken in accordance with the provisions of
the Act. To continue this process Council is required to adopt the draft amending
LEP and forward this onto the Minister for Planning requesting the making of the plan.

SUSTAINABILITY IMPLICATIONS

There are no significant sustainability implications.

CONSULTATION

Internal consultation was undertaken within the Sustainable Planning Group prior to
the preparation of the initial draft Plan. The changes proposed to the Heritage
Schedule were the recommendations of the Council’s Heritage Committee and
Heritage Advisor. As a result no further consultation was considered appropriate
unless submissions were received.

The draft Plan, as amended by the Department of Planning, was placed on public
exhibition from 28 March to 30 April 2009 and made available at Council libraries,
website and Administration Office. Letters were also forwarded to property owners
who currently have sites listed as potential archaeological items and are now
recommend for inclusion as a heritage item of local significance in the Schedule.
No submissions were received during the exhibition of the draft Plan.

The NSW Heritage Branch was consulted initially when the Council resolution (22 July)
was forwarded to the Department of Planning, as well as during the exhibition
process. No response has been received.

OPTIONS

1)    Council resolve to refer the draft Plan as exhibited to the Minister seeking the
      making of the draft Plan. This is the recommended option.

2)    Council may make modifications to the exhibited draft Plan which may result
      in a further public exhibition.

3)    Not proceed with the draft Plan. This is not the preferred option and will not
      assist the improvement in the operation of the document or support the
      improvements to the development assessment process.




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STRATEGIC COMMITTEE – 7TH JULY 2009


ATTACHMENTS

1)    Draft   Amending   Local   Environmental   Plan   No   31(Instrument)


COUNCILLORS ROOM

Nil


TABLED DOCUMENTS

Nil




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STRATEGIC COMMITTEE – 7TH JULY 2009

ITEM NO.      5                                                FILE NO: A2004-0242

BUDGET CONTROL & AUTHORISATION POLICY

REPORT OF: DAMIEN JENKINS – MANAGER, FINANCIAL SERVICES

RECOMMENDATION IS THAT COUNCIL:

   1)      Rescind the current Budget Control & Authorisation Policy.
   2)      Adopt the amended Budget Control & Authorisation Policy

BACKGROUND

The purpose of this report is to adopt the amended Budget Control & Authorisation
Policy.

The current policy was adopted on 20 December 2005 Min. No. 384.

The objective of the policy is “To ensure that all Council expenditure is legally
authorised and that effective systems of budgetary control are in place to monitor
and report actual income and expenditure compared with the estimated income
and expenditure.”

Listed below are the amendments to the current policy.

   •    Change – Background – 28 September 2004 Minute No. 333 to 20 December
        2005 Minute No. 384
   •    Change – General - Local Government (Financial Management) Regulation
        1993 to Local Government (General) Regulation 2005
   •    Change – General - Clause 8 Local Government (Financial Management)
        Regulation 1993.] – to - Local Government (General) Regulation 2005
   •    Change – Budget Review - The General Manager will prepare and submit to
        Council a Quarterly Budget Review within 8 weeks of the end of each quarter
        – to - The General Manager will prepare and submit to Council a Quarterly
        Budget Review within 2 months after the end of each quarter.
   •    Change – Relevant Legislative Provisions – Local Government Act (Financial
        Management) Regulation 1993 to Local Government (General) Regulation
        2005
   •    Change - Implementation Responsibility – Business and Support Group –
        Finance & Administration to Commercial Services – Financial Services.
   •    Change – Review Date - One year from adoption – to - Two years from
        adoption

As outlined in ATTACHMENT 1

LINKS TO CORPORATE PLANS



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STRATEGIC COMMITTEE – 7TH JULY 2009

The links to the 2008-2012 Council Plan are:-

SOCIAL SUSTAINABILITY – Council will preserve and strengthen the fabric of the
community, building on community strengths.

CULTURAL SUSTAINABILITY – Council will assist to inspire a sense of pride and place as
well as enhancing quality of life and defining local identity.

ECONOMIC SUSTAINABILITY – Council will support the economic sustainability of its
communities while not compromising its environmental and social well being.

ENVIRONMENTAL SUSTAINABILITY – Council will protect and enhance the
environment while considering the social and economic ramifications of decisions.

BUSINESS EXCELLENCE – Council will use the Business Excellence Framework to
innovate and demonstrate continuous improvement leading to long-term
sustainability across operational and governance areas in a Business Excellence
Journey

FINANCIAL/RESOURCE IMPLICATIONS

The implementation of this policy will ensure sound financial management and
ensure all Council expenditure is legally authorised.

LEGAL AND POLICY IMPLICATIONS

The Budget Control & Authorisation Policy will ensure that council expenditure is
legally authorised under provisions contained in the Local Government Act 1993 &
Local Government (General) Regulations 2005.

BUSINESS EXCELLENCE FRAMEWORK

Port Stephens Council is a quality driven organisation. We use the Business
Excellence Framework as a basis for driving organisational excellence. The
Framework is an integrated leadership and management system that describes
elements essential to organisational excellence. It is based on eight (8) principles.

These outcomes align with the following Business Excellence principles:-

1)    LEADERSHIP – Lead by example, provide clear direction, build organisational
      alignment and focus on sustainable achievement of goals.
2)    CUSTOMERS – Understand what markets and customers value, now and into
      the future, and use this to drive organisational design, strategy, products and
      services.
3)    SYSTEMS THINKING – Continuously improve the system.
6)    INFORMATION AND KNOWLEDGE – Improve performance through the use of
      data, information and knowledge to understand variability and to improve
      strategic and operational decision making.


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STRATEGIC COMMITTEE – 7TH JULY 2009

7)    CORPORATE AND SOCIAL RESPONSIBILITY – Behave in an ethically, socially and
      environmentally responsible manner.
8)    SUSTAINABLE RESULTS – Focus on sustainable results, value and outcomes.

SUSTAINABILITY IMPLICATIONS

SOCIAL IMPLICATIONS

Nil

ECONOMIC IMPLICATIONS

Council’s budget is fundamental for operational sustainability and to the provision of
facilities and services to the community.

ENVIRONMENTAL IMPLICATIONS

Nil

CONSULTATION

Group Manager Commercial Services
Financial Services Manager

OPTIONS

1)    Adopt the recommendation.
2)    Reject the recommendations.
3)    Amend the recommendations.


ATTACHMENTS

1)    Budget Control & Authorisation Policy with amendments


COUNCILLORS ROOM

Nil


TABLED DOCUMENTS

Nil




PORT STEPHENS COUNCIL                                                              81
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                            ATTACHMENT 1




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                             ATTACHMENT 1




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                             ATACHMENT 1




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