Chairman: Tr K Milne
Trustees: P Allsop R Byrnes
C Cherry (Deputy Chairman) R Cooper
J Owen W Polglase
Agenda
Tweed Coast Reserve Trust Meeting Thursday 16 March 2017
held at Harvard Room, Tweed Heads Administration Building, Brett Street, Tweed Heads commencing at 5.00pm
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Items for Consideration of the Trust:
ITEM PRECIS PAGE
REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST 4
REPORTS FROM DIRECTOR PLANNING AND REGULATION 4
1 [PR-TCRT] Approvals to Operate Markets - Kingscliff and Pottsville 4
REPORTS FROM DIRECTOR ENGINEERING 7
2 [E-TCRT] Proposed Licence for Site Investigation - R1001008 7
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REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST REPORTS FROM DIRECTOR PLANNING AND REGULATION
1 [PR-TCRT] Approvals to Operate Markets - Kingscliff and Pottsville
SUBMITTED BY: Building and Environmental Health
Valid
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
2 Supporting Community Life
2.1 Foster strong, cohesive, cooperative, healthy and safe communities
2.1.6 Provide social, economic and cultural initiatives which enhance access, equity and community well-being
3 Strengthening the Economy
3.1 Expand employment, tourism and education opportunities
3.1.6 Support creative practitioners and entrepreneurs to access professional and business development opportunities, to enhance their contribution to the creative economy
3.1.6.1 Creative economy
SUMMARY OF REPORT:
The Reserves Trust previously extended the current approval to operate markets on community land at Kingscliff and Pottsville up until 31 March 2017. Various actions are currently being undertaken in relation to these markets.
It is necessary that the current approvals to operate markets be extended up until 30 June 2017 to allow the markets to continue to operate.
RECOMMENDATION:
That the Tweed Coast Reserves Trust approves extension of the current Section 68 market approvals until 30 June 2017 for Pottsville and Kingscliff (Lions Park and Jack Bayliss Park).
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The Reserves Trust previously resolved to extend the current approval to operate markets on community land at Kingscliff and Pottsville up until 31 March 2017.
Various actions are being undertaken in relation to these markets; development consents were issued for several markets in February, the Market Policy is currently under review and about to be placed on public exhibition prior to coming to Council for approval. At the conclusion of the Expression of Interest (EoI) process and prior to Council’s decision on awarding future market operators a Council workshop is likely to be conducted in May 2017.
Public advertisement will commence in March of the EoI process seeking any person or party who wishes to operate the public markets for a period of three years from 1 July 2017. The EOI process has been modified to consider community impact and consultation and an information session with all existing and interested market operators will be conducted by Council.
It is necessary that the current approvals to operate markets be extended up until 30 June 2017, to allow the markets to continue to operate while the above actions are completed.
OPTIONS:
1. Not extend the market approvals
The market is an attraction to visitors and residents and provides income sources to the operators and numerous stall holders involved. If the markets were to cease trading for three months this may damage the long term viability of these markets.
Therefore continuation of the market is desirable.
2. Extend the Approval to Operate Market
Continued operation of the community markets is supported up until the end of June 2017 at which time the expression of interest process will have been completed and suitable future market operators will have been identified.
CONCLUSION:
The current Section 68 approvals to operate markets expire on 31 March 2017. It is necessary that these approvals be extended to 30 June 2017 to allow continuing operation of these important economic and cultural events.
COUNCIL IMPLICATIONS:
a. Policy:
Vending of Food on Public Reserves Version 1.1 Markets Policy Version 1.1
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The Market Management Plan Guidelines will also be updated to reflect desirable outcomes regarding waste minimisation/sustainability and cultural advancement.
b. Budget/Long Term Financial Plan:
The existing market operators will continue to pay to Council a percentage of market stall income during the respective period.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Consult - We will listen to you, consider your ideas and concerns and keep you informed.
The three month extension will facilitate public advertisement of any modifications to the Market Policy and also the completion of the expression of interest process, which invites submissions from any suitable party.
Consultation with the Kingscliff and Salt business community has been undertaken by Councils Environmental Health Unit and there is a high level of support for markets.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Nil.
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2 [E-TCRT] Proposed Licence for Site Investigation - R1001008
SUBMITTED BY: Design
Validms
LINKAGE TO INTEGRATED PLANNING AND REPORTING FRAMEWORK:
1 Civic Leadership
1.4 Strengthen coordination among Commonwealth and State Governments, their agencies and other service providers and Statutory Authorities to avoid duplication, synchronise service delivery and seek economies of scale
1.4.1 Council will perform its functions as required by law and form effective partnerships with State and Commonwealth governments and their agencies to advance the welfare of the Tweed community
SUMMARY OF REPORT:
The New South Wales (NSW) Department of Industry has advised the Tweed Coast Reserve Trust that an application for a licence for site investigation purposes over Crown land at Kingscliff has been received. The licence will be for 12 months and the Department is seeking the Trust’s concurrence to the Department granting the licence.
The Department had previously issued a licence to the applicant, Australian Bay Lobster Producers Ltd, but due to weather conditions, the investigations were unable to be completed within the licence period.
The investigations are to finalise the location of a pipeline for their approved bay lobster production.
As the investigations relate to an approved development, and a previous licence had been granted, it is recommended that the Tweed Coast Reserve Trust make no objection to the granting of the licence by the Department.
RECOMMENDATION:
That the Tweed Coast Reserve Trust makes no objection to the New South Wales Department of Industry Lands granting a twelve month licence to Australia Bay Lobster Producers Ltd within a small area of Crown Reserve 1001008 for Public Recreation and Coastal Environmental Protection.
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REPORT:
The New South Wales (NSW) Department of Industry has advised the Tweed Coast Reserve Trust that an application for a licence for site investigation purposes over Crown land at Kingscliff has been received. The licence will be for 12 months and the Department is seeking the Trust’s concurrence to the Department granting the licence.
Their letter is attached to this report for ease of reference.
The twelve month licence is to be granted to Australian Bay Lobster Producers Ltd, to enable them to complete site investigations, as part of their approval granted by the NSW Planning.
The Department had previously issued a licence to the applicant, but due to weather conditions, the investigations were unable to be completed within the licence period.
The investigations are to finalise the location of a pipeline for their approved bay lobster production.
The map below was included in the letter from the Department, showing the location of the licence area:
As the investigations relate to an approved development, and a previous licence, it is recommended that the Tweed Coast Reserve Trust makes no objection to the granting of the licence by the Department.
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by the Trust.
OPTIONS:
1. To make no objections to the granting of a licence for investigation purposes over Crown Land.
2. To make an objection to the granting of a licence for investigation purposes over Crown Land.
CONCLUSION:
As previously noted, this report is to seek the Trust’s concurrence to the granting of a licence by the Crown to the applicant, Australian Bay Lobster Producers Ltd, to enable them to complete site investigations, as part of their approval granted by the NSW Planning.
It is recommended that the Trust make no objection to the granting of a 12 month licence to the applicant.
COUNCIL IMPLICATIONS:
a. Policy:
Corporate Policy Not Applicable.
b. Budget/Long Term Financial Plan:
No financial implications arise as a result of this report.
c. Legal:
Not Applicable.
d. Communication/Engagement:
Inform - We will keep you informed.
No public engagement required for this report.
UNDER SEPARATE COVER/FURTHER INFORMATION:
Attachment 1. Letter from NSW Department of Industry dated 3 February 2017 (ECM 4401686)
