dungog shire council · 2019-03-28 · dungog shire council is the land manager of the site but, in...

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DUNGOG SHIRE COUNCIL EXTRA ORDINARY COUNCIL MEETING 1 APRIL 2019 AT 6.00 PM. ORDER OF BUSINESS 1. Acknowledgement of Country 2. Apologies 3. Declaration of Interests 4. General Managers Report 5. Closed Council (Confidential Matters) 6. Resumption of Open Council Coralie Nichols GENERAL MANAGER

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Page 1: DUNGOG SHIRE COUNCIL · 2019-03-28 · Dungog Shire Council is the land manager of the site but, in response to a letter of request from the Clarence Town Lions Club, resolved on

DUNGOG SHIRE COUNCIL

EXTRA ORDINARY COUNCIL MEETING 1 APRIL 2019

AT 6.00 PM.

ORDER OF BUSINESS

1. Acknowledgement of Country

2. Apologies

3. Declaration of Interests

4. General Managers Report

5. Closed Council (Confidential Matters)

6. Resumption of Open Council

Coralie Nichols GENERAL MANAGER

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

GENERAL MANAGERS REPORTS

1. OPTIONS FOR THE OPENING OF THE WILLIAMS RIVER HOLIDAY PARK

FILE NO: EF11/56

ANNEXURES:

A Site Plan

B Crown Lands Concurrence

C FAQ’s Sheets

AUTHOR: The General Manager

COMMUNITY STRATEGIC PLAN:

Local Economy

DELIVERY PROGRAM: Strategy 8: Identify and develop, in partnership with local business operators, local tourism opportunities with a focus on overnight stay visitors to the Shire.

RECOMMENDATION: THAT: 1. The General Manager be authorised to undertake such works and make planning

applications, as outlined in this report, to allow lawful and safe camping and carvanning as proposed in regard to Zones A, B and C.

2. A progress report be provided to the 17 April 2019 Ordinary Meeting

3. The expenditures to date in relation to the implementation of 20 February 2019

resolution of Council on the matter be noted and endorsed. Precis: The purpose of this report is to outline a range of options associated with the opening of the Williams River Holiday Park.

******** Introduction As a consequence of passage of the 20 February 2019 resolution on the Williams River Holiday Park, Council staff have been urgently reviewing a range of options for the restoration of caravan and camping facilities in Clarence Town. As a result of this review process it appears that it may be possible to reopen an area of Bridge Reserve in a relatively short period of time – potentially even by the Easter school holidays (though the cut off date for achieving that outcome is fast approaching). This update explores the nature of a staged approach to the reopening of the site and includes notes in relation to the lodgement of a DA for primitive camping at the Wharf Reserve. In summary the proposed approach is as follows:

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

1. Stage One: Expansion of currently approved site into proposed Zone A Council staff established, through research into the Williams River Holiday Park, sufficient archival evidence to substantiate, within the framework of relevant planning provisions, a “continuing use” case for camping at the Bridge Reserve. Continuing use obviated the need to prove that development consent existed for the facility and removed the requirement for lodgement of a development application for any future operations within the Park’s current boundaries. As a result of the above, a Section 68 approval to operate was able to be issued for twenty sites at the top of the hill adjacent to Durham Street. The sites included were (are): vacant sites, and

sites constrained by vans and other structures such as annexes.

The area dedicated to cabins was not included. As a result of recent on ground works the Section 68 approved area now complies with the provisions of the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995. Three fire hose reels are in place, potable water is available and, because the existing toilet, shower and washing facilities were intended to service a much larger space, the facilities on site are well in excess of those required. Council’s insurance coverage has also been confirmed and Crown Lands concurrence recently received (please refer to Annexure ‘B’). The costs associated with the upgrading of facilities in the current approved area amounted to approximately $12,500 – not including $4,000 to date for expenses associated with the variable message board informing visitors that the camping area is closed. Moving towards increased capacity The small area approved at the top of the hill was, however, only ever a stopgap measure while longer terms solutions were devised. It has now been determined that it will be possible to reopen part of the much sought after “riverside camping ground”. This reopening would require the installation – subject to final survey – of two or three fire hose reels, approximately ten additional water taps and, potentially, the construction within a nominated timeframe of additional toilet and shower amenities (though not on the floodplain. Please refer to the notes on amenities later in this report). The estimated cost of hose reel and tap works including site survey is estimated to be in the vicinity of $35,000. The amenities block will cost in the order of $300,000.

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

Other measures: At the same time as the hose reel and water taps works are undertaken, the on-site cabins could be removed and their former locations retrofitted as powered van sites (in part utilising installations removed from the former Frank Robinson Reserve Caravan Park that are currently in storage at Council’s Depot). The removal of the cabins will be undertaken by a suitably qualified company following a call for quotes. The dump point could also be relocated to a much more accessible location in Lions Park – thus freeing up another (possibly two) sites in the currently approved area. Ultimately 28 sites could become available through refinement of the current layout. Setting aside any expense associated with transporting the cabins to an alternative location, the additional works in Zone A (decommissioning of the cabins, etc.) are likely to involve expenditure in excess of $10,000. The cumulative outcome of the actions in Zone A would, however, result in approximately 58 sites being made available in the very short term – more than enough to cater for general (though not peak event) visitor demand. Some of these sites, as requested by local residents, will be in the riverside precinct. Notes on an additional amenities block: The requirements of the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995 in regard to facilities vary according to the number of sites for which approval is being sought.

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

Sites

Water closets Double Urinals

Hand Basins Showers

Female Male Female Male Female Male

1-25 3 2 1 2 2 2 2

26-50 5 3 2 3 3 3 3

51-75 6 4 2 4 4 3 3

76-100 7 4 2 5 5 4 4

101-125

8 5 3 6 6 4 4

The facility within the currently approved area already supplies the following:

Sites

Water closets Double Urinals

Hand Basins Showers

Female Male Female Male Female Male

20 5 3 1 3 3 3 3

The existing block is therefore more than adequate for the present situation and would almost be sufficient for the proposed expansion as well. The “100 metre site to facility” rule would apply and the most distant part of Zone A would be challenged by it. It is intended, however, to pursue the option of additional amenities. A best case siting for them would be above the flood zone thereby reducing potential environmental impacts, exposure to infrastructure risk and overall cost. Council on 22 March, 2019 lodged an application with the Crown Reserves Improvement Fund for resourcing to enable the construction of additional amenities. The plans for the current block have been used for this purpose and an amount of $270,000 requested. Should the amenities block proceed the combined facilities would have theoretical capacity for over 100 sites.

The staged approach therefore comprises for Stage One:

Application for conditional approval to operate a caravan park / camping ground on

Zone A with a combined capacity of up to 58 sites

Installation – subject to final survey – of two or three fire hose reels and approximately ten additional water taps

Construction of an additional amenities block as a consideration in the conditional approval with a negotiated target date for its provision of March 2020.

Restoring the Holiday Park to full capacity

In its most recent approved form (2009) the capacity of the Williams River Holiday Park was listed as follows: 4 on site cabins

17 unpowered sites

6 powered sites

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

75 camping sites

15 overflow sites (the exact location of which is not specified. It is likely, however, that in practical terms these sites were actually – and inappropriately – located in Wharf Reserve)

An overall capacity of 117 sites was therefore generated. The proposal in relation to Zone A will yield approximately 58 sites thereby generating a shortfall of 59 spaces over the former, notional provision. As indicated previously in this report, 58 sites will be sufficient to cater for typical off season demand. Peak demand periods may, however, require additional initiatives. To address this in the longer term, three separate options have been identified. They comprise: 1. Repurposing of Lions Park

2. Lodgement of a development application for the provision of approved primitive camping at Wharf Reserve

3. Lodgement of event specific applications (for example, Hoedown and Swim In). These options are explored below. 2. Stage Two: Repurposing of Lions Park (Zone B)

Council staff have investigated the possibility of reopening the balance of the camping ground site but, for a range of reasons, have determined that its inclusion in the serviced area of the Holiday Park cannot be supported. The principal reasons for this determination include, but are not limited to:

the large distance between the bulk of the area in question and the existing amenities

block. This distance would require the construction of amenities in the floodway and the issues, risk and expense that this would generate

Concerns in relation to ability to service the site because of factors such as available water pressure

Issues of environmental impact at this most sensitive part of the overall site.

Council staff have therefore explored alternative options. One of these options is to utilise the space currently occupied by Lions Park. Lions Park Lions Park is located on Crown Land and shares the same lot and DP title information as the majority of the hilltop caravan park area (PT7008, DP 1056819). It is also formally part of the Bridge Reserve (Clarence Town Public Recreation R81436). Dungog Shire Council is the land manager of the site but, in response to a letter of request from the Clarence Town Lions Club, resolved on 15 October 1996 to make the area available to the Club for the purpose of creating a recreation facility to be known as “:Lions Park”. While Council has retained responsibility for major maintenance, every day responsibility for minor works and upgrades has rested with the Club and the site has been progressively

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

enhanced with facilities for visitors. The Club also holds events there including an annual Car Boot Sale. Cleaning of the toilets in Lions Park is a responsibility of the Holiday Park managers. The Lions Park site area is roughly equivalent to that occupied by the Caravan Park at the top of the hill and shares with that location a combination of flat and sloping ground.

The advantages of the Lions Park site in terms of the operation of the Holiday Park are: 1. It is flood free, readily accessible and, in relative terms, necessary infrastructure works

would be cost effective and easily achieved 2. There are already toilet amenities on site which could be utilised in their current form

and upgraded and expanded to include shower facilities. Alternatively – should funding become available (such as via the recent grant application) – a dedicated amenities block could be constructed and the existing toilets retained for general public access to the reserve / jetties below

3. The location does not have the (considerable) environmental sensitivities attached to

year round use of the camping ground site. Any decision to progress the Lions Park option would in the first instance require considerable consultation with the Clarence Town Lions Club. The Club is naturally very committed to the site and over many years has invested heavily in time and energy to its upkeep. There may, however, be options to relocate the picnic area to the vicinity of the main jetty and to rename that area Lions Park. Other opportunities might also become available. In any event negotiations need to take place and be undertaken with care. Council staff have had preliminary and very cordial discussions with some members of the Lions Club executive. A meeting with the full Club Board is planned.

B

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

Development Application:

A development application would be required and would involve, amongst other measures, consultation with the owners of neighbouring properties.

Notwithstanding the processes required, and without seeking to pre-empt how they might conclude, the Lions Park option would be relatively easy to manage and, while a detailed survey has yet to be initiated, it is likely that something in the order of 30 sites could come on line and the capacity of the Holiday Park therefore substantially increased.

Wharf Reserve

Consideration has also been given to Wharf Reserve. The 2005 Wharf Reserve Plan of Management identified opportunities for the creation of a dedicated camping area on the site. Unfortunately, no action has taken place in regard to that possibility. Consideration should now be given to revisiting the option – potentially as part of the new Plan of Management for the Reserve required by recent legislation. In this regard it is worth noting that the Wharf Reserve is the location of choice for a number of user groups (most especially those whose focus is on boating).

It is therefore recommended that Council adopt in principle the preparation of a Development Application for primitive camping at the Wharf Reserve and that the application be prepared by an independent consultant planner. External assessment may also be wise. In the order of 10 primitive camping sites could be generated through this initiative. A plan extracted from the 2005 Plan of Management is provided below. To help orientate readers, the current (and only) toilet block is located in the far right hand corner of yellow Management Zone B. Please note that the toilet block is actually within the King Street road reserve.

Crown Lands concurrence As mentioned previously, the concurrence of Crown Lands has been received in relation to the Section 68 approval to operate now in place for the Durham Street section of the Holiday Park. Its concurrence to the above proposed initiatives would also be required.

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

3. Major events based camping (Zone C) Section 73 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 lays out the conditions of approval to operate a caravan park or camping ground. Part (3) of Section 73 states the following:

This clause does not apply to the operation of a caravan park or camping ground for a period of not more than 6 weeks if the caravan park or camping ground is being operated solely in connection with the use of the land for a sporting, recreational or cultural event.

This provision means that it is possible to provide non-compliant caravan park / camping ground access for very limited periods of time and only in relation to specific events. In practical terms this means that the designated area does not have to have the same level of fire control, toilet and shower access or any other provisions required under the Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995. Council staff have identified an opportunity – for nominated major events such as the Clarence Town Hoedown (and such other events as may be nominated by Council) – to utilise the balance of the camping ground that is not otherwise being utilised. This area is labelled as Zone “C” in the aerial photograph provided later in this report. Access to the events based camping in Zone C would be predicated on:

1. The access being strictly time limited (no more than 6 weeks per year in accordance with the Regulations)

2. The meeting of any site specific conditions imposed by the Council

3. Environmental impacts being strictly managed

4. A maximum of 30 sites being involved. Crown Lands concurrence would not be required as the entirety of the space in question is on Council owned land. Events based camping would be triggered on the submission of a Development Application by an events organiser. A Section 68 approval would be required for the camping area in this location.

C

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

Synopsis of all proposals

Stages in the reopening process

Cumulative number of sites being made available (approximate numbers)

Timeframe

Interim action:

Conditional approval to operate the top end (Durham Street) of caravan park

20 sites Council approval 1 March 2019

Crown Lands concurrence granted 22 March 2019

Reopening Stage One:

Application for conditional approval to reopen half of the camping ground plus refinement of caravan park layout (approval conditions in relation to amenities to be assessed)

Cumulative total: 58 sites

Subject to formal resolution of Council, works to be undertaken immediately

Conditional approval to operate to be sought and to be effective from 15 April 2019

Crown Lands concurrence required

Reopening Stage Two:

Application for conditional approval to repurpose Lions Park

Cumulative total of 88 sites

Subject to formal resolution of Council and receipt of development consent. Target date for activation of the new sites: July 2019

Crown Lands concurrence required

Wharf Reserve

Lodgement of DA for ten primitive camping sites

Cumulative total of 88 sites plus 10 primitive camping sites

= 98 sites

Subject to formal resolution of Council and receipt of development consent. Target date for activation of the new sites: September 2019

New Plan of Management may impact on the proposed camping provision

Crown Lands endorsement required

Major Events specific camping

Proposed, at this stage, for Hoedown and Swim In only.

30 sites proposed to be located for short duration in balance of camping ground. No in ground facilities required.

= 128 sites available during highest demand period

Consideration of this option will be undertaken in association with any required development application process for major events. Section 68 approval will also be required.

The Williams River Holiday Park has previously been advertised as having in the vicinity of 110 sites. It is likely that the actual capacity of the site – based on the last full site approval – is 102 sites. As indicated early in this report the current approved capacity of the Park is 20 sites. The measures outlined above could increase that capacity – including Wharf Reserve – to 98 sites all year round. These sites would be compliant, overcrowding would be avoided and the needs of the local community for caravan and camping facilities substantially met.

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

The first stage of the proposed expansion – Zone A – could in theory be in place with a conditional approval within two weeks utilising existing resources and subject to contractor availability. The entirety of the foreshadowed process could be completed well before the holding of the Clarence Town Hoedown 2019 and the Clarence Town Annual Military Swim In. On site management: All proposals in this report require ongoing management of the day to day operations of the site. As an interim measure, Council staff will undertake this management and the maintenance of the site associated with it. This will cost approximately $8,000 to $10,000 per month and will be covered from within an existing allocation in Council’s adopted budget. Staff will be on site Monday to Friday and Saturday mornings. Over the longer term, and as the proposal takes shape, consideration will need to be given to a permanent management arrangement. It is anticipated that this will be the subject of a further report to Council. Conclusion The last few weeks have been challenging for Council and the wider community as the disconnect between demand and statutory compliance has been confronted and solutions researched. There is now opportunity to initiate a way forward that is both compliant, manageable and provides a necessary boost to the local visitor economy. Each of the individual components identified brings with it particular challenges – some of them significant. Nevertheless, having addressed what was an unsustainable situation, the Council and the community now need to work together to create a firm basis for the long term contribution of the Williams River Holiday Park to Clarence Town and the wider Shire. IMPLICATIONS Financial At the time of the writing of the 20 February 2019 report, Council had approximately $154,000 in reserve for costs associated with the Williams River Holiday Park. Since that date the following expenditures have been undertaken or committed:

Hire of a Variable Message Board (VMB) to indicate that the camping area is closed - $330 establishment plus $100 per day since 1 March 2019. Cost to date approximately $4,000

Installation of hose reels in top Caravan Park area – Approximately $12,500

Survey of bottom area – Approximately $5,000

Matching contribution to Destination Network Sydney Surrounds North grant funding of business / feasibility plan – $10,000

Further works where quotations have been sought or estimates for works identified:

Fire hose reels and taps at the lower area for camping – Estimated at $30,000

Removal of timber walkways, etc., around the cabins – $4,000

Removal of vegetation around the cabins to allow removal – $2,000

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

Disconnection of water/sewer/power to cabins – $2,000. The above works do not include actual cabin removal or the cost of retrofitting facilities to the former cabin sites. Consideration has yet to be given to costs associated with the Lions Park option. Please note that no access has been sought or given to the $93,000 grant fund allocation secured by Dungog Regional Tourism in regard to the Holiday Park. Risk The 20 February 2019 outlined risk associated with the operation of the Holiday Park. These risks have been substantially addressed by the 20 February resolution of Council and subsequent actions to implement its directions. The proposed approach contained within the current report seeks to further consolidate in the long term the minimisation of Council’s and the community’s exposure to legal, personal and financial risk. Consultation Council has undertaken a series of actions to inform the community and relevant government agencies as to the situation that needed to be addressed at the Williams River Holiday Park and the Council’s proposed response to it. Frequently asked question (FAQs) sheets have been prepared and distributed weekly and are attached to this report for the information of Councillors. Consultation with the community and agencies will continue as the proposed response to the reopening of the Holiday Park unfolds.

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Dungog Shire Council     Extra Ordinary Meeting Agenda 1 April 2019  

ANNEXURE ‘A’

Zon

e A

30 s

ites

in th

e ca

mpi

ng a

rea

reac

tivat

ed.

Cab

ins

in c

arav

an p

ark

rem

oved

and

Zon

e B

Lion

s P

ark.

Pot

entia

l 30

site

s si

tes

Cur

rent

are

a w

ith a

ppro

val t

o op

erat

e –

20 s

ites

Zon

e C

Eve

nts

cam

ping

onl

y

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ANNEXURE ‘B’

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ANNEXURE ‘C’

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2. CLOSED COUNCIL

FILE NO: N/A

ANNEXURES: Nil

AUTHOR: The General Manager

COMMUNITY STRATEGIC PLAN:

Council Governance & Finance - Decision-making processes are open, transparent and inclusive

DELIVERY PROGRAM: 2.1 Governance – Meetings.

OFFICERS RECOMMENDATION: 1. That Council resolve into Closed Council to consider business identified, together

with any late reports tabled at the meeting. 2. That pursuant to section 10A (1)-(3) of the Local Government Act 1993, the media

and public be excluded from the meeting on the basis that the business to be considered is classified as confidential under the provisions of Sec 10A(2) as outlined above.

3. That correspondence and reports relevant to the subject business be withheld from

access to the media and public as required by Sec 11(2) of the Local Government Act 1993.  

Precis: Report referring matters to Closed Council.

******** In accordance with the Local Government Act 1993 and the Local Government General Regulation 2005, in the opinion of the Acting General Manager, the following business is of a kind as referred to in Sec 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public. Set out below is Section 10A(2) of the Local Government Act 1993 in relation to matters which can be dealt with in the closed part of a meeting. The matters and information are the following:

(a) personnel matters concerning particular individuals (other than Councillors)

(b) the personal hardship of any resident or ratepayer

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

(d) commercial information of a confidential nature that would if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the Council, or

(iii) reveal a trade secret

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(e) information that would, if disclosed, prejudice the maintenance of law

(f) matters affecting the security of the Council, Councillors, Council staff or Council property

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land.

GENERAL MANAGER 1. EXPRESSIONS OF INTEREST – COMMUNICATIONS CONSULTANCY This item is classified CONFIDENTIAL under Sec 10A(2)(a) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the following:

(d) commercial information of a confidential nature that would if disclosed:

(i) prejudice the commercial position of the person who supplied it

This matter is classified confidential because it pertains to commercial information of a confidential nature that would if disclosed prejudice the commercial position of the person who supplied it. IMPLICATIONS  Legislative The matters are referred to in the context of Sec 10A(2) of the Local Government Act 1993. Consultative Members of the public are invited to make representations to the Council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed.