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FINAL TCHP Ordinary Agenda - 2 May 2019

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Chairman: Tr K Milne

Trustees: P Allsop R Byrnes

C Cherry (Deputy Chairman) R Cooper

J Owen W Polglase

Agenda

Tweed Coast Holiday Parks Reserve Trust Meeting Thursday 2 May 2019

held at

Council Chambers, Murwillumbah Civic & Cultural Centre, Tumbulgum Road, Murwillumbah

commencing at 5.30pm

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Items for Consideration of the Trust:

ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 5

1 [CONMIN-TCHP] Confirmation of the Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserves Trust Meeting held Thursday 4 April 2019

5

REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST 7

REPORTS FROM THE EXECUTIVE MANAGER OF THE TRUST 7

2 [EM-TCHP] Requests to Sell Long-Term Casual Caravans On-site at Boyds Bay, Hastings Point and Pottsville North Holiday Parks

7

CONFIDENTIAL MATTERS 11

REPORTS THROUGH EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE 11 REPORTS FROM EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE 11 C1 [EM-TCHP] Operating Report for the Period 1 July 2018 to 31 March

2019

11

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CONFIRMATION OF MINUTES

1 [CONMIN-TCHP] Confirmation of the Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserves Trust Meeting held Thursday 4 April 2019

SUBMITTED BY: Corporate Governance

mhm

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

2 Making decisions with you

2.2 Engagement

2.2.4 Councillor and Civic Business - To provide assistance to Councillors and support for Council to operate within its legal framework.

ROLE: Leader

SUMMARY OF REPORT:

The Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserves Trust Meeting held Thursday 4 April 2019 are attached for information and adoption by Council.

RECOMMENDATION:

That:

1. The Minutes of the Ordinary and Confidential Tweed Coast Holiday Parks Reserves Trust Meetings held Thursday 4 April 2019 be adopted as a true and accurate record of proceedings of that meeting.

2 ATTACHMENT 2 is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, because it contains:-

(f) matters affecting the security of the council, councillors, council staff or council property.

Making decisions with you

We're in this together

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REPORT:

As per Summary.

COUNCIL IMPLICATIONS:

a. Policy:

Code of Meeting Practice Version 2.6.

b. Budget/Long Term Financial Plan:

Not applicable.

c. Legal:

Not Applicable.

d. Communication/Engagement:

Inform - We will keep you informed.

UNDER SEPARATE COVER/FURTHER INFORMATION:

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

Attachment 1 Minutes of the Ordinary Tweed Coast Holiday Parks Reserves Trust Meeting held Thursday 4 April 2019 (ECM5834585).

(Confidential) Attachment 2 Minutes of the Confidential Tweed Coast Holiday Parks Reserves Trust Meeting held Thursday 4 April 2019 (ECM5834678).

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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST REPORTS FROM THE EXECUTIVE MANAGER OF THE TRUST

2 [EM-TCHP] Requests to Sell Long-Term Casual Caravans On-site at Boyds Bay, Hastings Point and Pottsville North Holiday Parks

SUBMITTED BY: Holiday Parks

FILE REFERENCE: GC3/8/2 TCHP 1904

mhm

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

3 People, places and moving around

3.2 Places

3.2.4 Holiday Parks - To provide safe, attractive and accessible holiday accommodation on public land.

ROLE: Leader

SUMMARY OF REPORT:

This report recommends that the Tweed Coast Holiday Parks Reserve Trust contact the 70 Long-term Casual (Holiday Van) owners at Boyds Bay, Hastings Point and Pottsville North Holiday Parks, to advise that, effective immediately, any requests to sell their Long-term Casual caravans on-site would no longer be approved in accordance with Crown Lands NSW directive.

RECOMMENDATION:

That the Tweed Coast Holiday Parks Reserve Trust approves the issuing of correspondence to 70 Long-term Casual (Holiday Van) owners at Boyds Bay, Hastings Point and Pottsville North Holiday Parks advising that, effective immediately, any requests to sell their Long-term Casual caravans on-site would no longer be approved.

People, places and moving around

Who we are and how we live

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REPORT:

Long-term Casuals (Holiday Vans) are privately owned caravans and annexes that occupy a powered site for extended periods of time. Their occupation of the site is governed by the Holiday Parks (Long-term Casual Occupation) Act 2002, which mandates the execution of a Long-term Casual Occupation Agreement between the park and the site occupier. The Occupation Agreement allows the use of the caravan for up to 150 nights per year. The site can only be occupied for leisure and does not permit permanent residence – a permanent van for casual use. The site occupier agrees to pay an occupation fee on a weekly basis regardless of whether the caravan is occupied or not. This occupation fee varies between holiday parks but currently averages $115 per week.

Tweed Coast Holiday Parks currently has 118 Long-Term Casual (Holiday Vans) located across four holiday parks:

• Fingal Holiday Park has 48 Long-Term Casuals;

• Boyds Bay Holiday Park 16;

• Hastings Point Holiday Park 16; and

• Pottsville North Holiday Park 38.

Trustees will recall that in March 2019, the 48 Long-Term Casuals at Fingal Holiday Park were advised that requests to sell their Long-Term Casual caravans on-site at Fingal Holiday Park would not be approved until a cultural heritage consultant has undertaken an assessment of the Aboriginal Cultural Heritage values associated with Fingal Holiday Park and the surrounding public land.

The Executive Manager recommends the 70 Long Term Casuals at Boyds Bay, Hastings Point and Pottsville North Holiday Parks also be written to and advised that requests to sell their Long-Term Casual caravans on-site would no longer be approved.

To clarify, at this stage it is not recommended the Trust terminate existing Long-term Casual Occupation Agreements however, the recommendation is to not approve the sale of caravans on-site. Existing Long-term Casuals have the option of staying on site or, at a time that suits them, terminate their Long-term Casual Occupation Agreement, giving 30 days’ notice, and providing vacant procession of the site. Over time there will be a slow, natural attrition of Long-term Casuals from the holiday parks and conversion of these site to tourist sites therefore not placing unnecessary financial stress on the parks due to the sudden removal of all Long-term Casuals and reducing conflict with Long-term Casuals that can occur with forced termination.

In the future, the Trust retains the option of terminating any Long-Term Casual Occupation Agreement, giving 90 days’ notice, should operational reasons warrant vacant procession.

This may include the future development of the parks.

Analysis of recent operating data and occupancy levels has revealed that demand for tourist sites at all the Tweed Coast Holiday Parks is increasingly not being satisfied. The reasons for this predominantly relate to size of sites, accessibility of sites, increasing demand and the number of available sites.

The general appearance of some Long-Term Casual caravan and annexe set ups are visually unappealing and often results in an accumulation of equipment that reflects the long stay

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nature of these occupants. Further, 64 of the 70 Long-Term Casuals reside in SE Queensland. Typically, when the caravan is occupied, it results in multiple vehicles being bought to the immediate area. Any extra vehicles are parked outside of the holiday park occupying day visitor car parks.

All 70 Long-Term Casual sites are within close access to existing park amenities including toilets, showers, laundry and barbecue. The slow departure of these Long-Term Casuals will increase the number of tourist sites capable of accommodating the larger vans which are becoming increasingly popular.

Removal of Long-Term Casuals is also consistent with a Crown Lands NSW directive whereby Long-Term Casuals are to be reduced in favour of tourist site uses.

In financial terms, it is expected that even with a greater supply of tourist sites the conversion of these Long-term Casuals to tourist sites will generate more revenue than they would under their current classification.

The Executive Manager recommends the 70 Long Term Casuals be notified in writing by 31 May 2019 advising that requests to sell their Long-Term Casual caravans on-site at Boyds Bay, Hastings Point and Pottsville North Holiday Parks would not be approved. This arrangement satisfies the legal requirements prescribed by legislation, provides unambiguous notice to the remaining Long-Term Casuals and, will not dramatically disrupt park operations as a natural attrition of Long-Term Casuals takes place.

OPTIONS:

That the Tweed Coast Holiday Parks Reserve Trust:

1. Approves the issuing of correspondence to 70 Long-Term Casual (Holiday Van) owners at Boyds Bay, Hastings Point and Pottsville North Holiday Parks advising that, effective immediately, requests to sell their Long-Term Casual caravans on-site would no longer be approved.

2. Does not approve the issuing of correspondence to 70 Long-Term Casual (Holiday Van) owners at Boyds Bay, Hastings Point and Pottsville North Holiday Parks advising that requests to sell their Long-Term Casual caravans on-site would no longer be approved.

CONCLUSION:

As per recommendation.

COUNCIL IMPLICATIONS:

a. Policy:

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d. Communication/Engagement:

Not Applicable.

UNDER SEPARATE COVER/FURTHER INFORMATION:

Nil.

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CONFIDENTIAL MATTERS

REPORTS THROUGH EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE REPORTS FROM EXECUTIVE MANAGER OF THE TRUST IN COMMITTEE

C1 [EM-TCHP] Operating Report for the Period 1 July 2018 to 31 March 2019

REASON FOR CONFIDENTIALITY:

Local Government Act

This report is CONFIDENTIAL in accordance with Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business.

mhm

LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:

3 People, places and moving around

3.2 Places

3.2.4 Holiday Parks - To provide safe, attractive and accessible holiday accommodation on public land.

ROLE: Leader

People, places and moving around

Who we are and how we live

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