REF: CM177/06 PROPOSED LICENCE OF THE COLEDALE BEACH CAMPING GROUND … · The community was notified of the proposal throughout March to May 2006 and provided the opportunity to

Ordinary Meeting of Council 27 November 2006 Page 57

Wollongong City Council

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REF: CM177/06

PROPOSED LICENCE OF THE COLEDALE BEACH CAMPING GROUND AND THE COLEDALE SURF CLUB BUILDING TO THE COLEDALE SURF LIFE SAVING CLUB Report of Manager Commercial Projects and Property (MT) 15/11/06 PR51325

PRECIS

Agreement was reached by Council and the Coledale Surf Lifesaving Club regarding proposed terms for granting a licence to the Coledale Surf Life Saving Club for the Surf Club Building and the Coledale Beach Camping Ground in February 2006. The community was notified of the proposal throughout March to May 2006 and provided the opportunity to comment. This report outlines the licence proposal and the submissions received.

RECOMMENDATION

1 Council authorise the granting of a licence, subject to the Minister’s consent, of the Coledale Beach Camping Ground and the Coledale Surf Club Building to the Coledale Surf Life Saving Club under the terms and conditions as set out in this report.

2 Authority be granted to affix the Common Seal of Council to the licence agreement

documents. 3 Authority be granted to set up a restricted asset for future maintenance of Coledale Beach

Reserve in line with special licence condition 7 as outlined in this report.

BACKGROUND

A Plan of Management for Coledale Beach Reserve (POM) was adopted by Council at its 28 June 2004 meeting. The POM provides for the granting of this licence to the surf club subject to obtaining Section 68 approval under the Local Government Act 1993 to operate a camping ground. Additionally, the Council resolution adopting the POM also resolved: “The lease/licence agreement with the Coledale area specifically preclude the lighting of open fires and the lessee/licensee be responsible for stringent policing of this condition –Minute 217 (2).” Following the adoption of the Plan of Management, Council officers and representatives of the Surf Club entered into negotiations on the terms and conditions of the proposed licence with the intention of achieving the following outcomes: • The Coledale Camping Reserve be managed lawfully and in accordance with the terms of the

licence. • The Coledale Surf Lifesaving Club (Surf Club) derives an income to assist in the ongoing

operations of the club including ground and building maintenance within the licensed area. • Council receives a rental return in keeping with market value. In this regard, the draft licence, as agreed between the parties, provides for the following: • The Surf Club will be responsible for all ground and building maintenance within the licensed

area, including the Surf Club building, with the exception of the public toilet and change room areas of the amenities building. Ground maintenance will be undertaken in accordance with the Native Vegetation Maintenance Plan (NVMP) (see Attachment 2).

Ordinary Meeting of Council Page 58 27 November 2006


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• The Surf Club will install fire hose reels, fire hydrants, one washing machine, one clothes dryer

and submit certifications by qualified persons regarding the fire hose reels and hydrants within a month of notification of the Minister’s consent for Council to grant the licence (see Attachment 5).

• The Surf Club will pay to Council an annual licence fee of $7950 (GST Exclusive) or 15% of

annual turnover, which ever is greater. This licence fee may be offset by approved works under the Native Vegetation Maintenance Plan (see Special Condition 6 of the licence terms).

Council advertised the licence for the Coledale Beach Reserve Camping Ground and the Coledale Surf Life Saving Club Building as outlined in the Consultation and Communication section of this report. The licence is for a term of 11 years with a 10 year option. The proposed area to be licensed to the Coledale Surf Life Saving Club is shown as Attachment 1. Under this proposed licence the camping ground is limited to 42 non-powered sites and 4 powered sites, totalling 46 sites. The licence also provides that persons may not camp in the reserve, nor may camping structures remain in the reserve for more than 60 days in total during any 12 month period. After advertising the proposal, Council received 6 submissions. One submission was in clear support, one in clear objection, with four others only supporting the licence under strict monitoring and supervision. Under section 47(3) of the Local Government Act “if a person makes a submission by way of objection to the proposal, the Council must not grant the lease, licence or other estate except with Ministers’ consent.” The submission letters are shown as Attachment 3. The main concerns are listed in Table 1. Table 1 – Submission Issues Submission Response “It (Coledale Beach Reserve) really looks like a dump and I feel it is the right of the people who are taking on the licence and/or the council to supervise and make sure a good standard is maintained or should I say actualised”

Council is taking steps to improve the reserve with new picnic seating, repairing the Coledale Beach Seawall and undertaking dunal restoration/landscaping works. The Surf Club will obtain a licence to operate a camping ground under section 68 of the Local Government Act which has an annual review process. The requirements of the property licence also makes provision for better management of the natural amenity of the reserve through the Native Vegetation Maintenance Plan that will form part of the Surf Club’s property licence agreement.

“We believe that there are dedicated camping grounds along the NSW coast which are more suitable for this purpose. We would sincerely hope that the current camping ground would be abolished as such and have the beach fully made available to residents and visitors wishing to enjoy the pristine surroundings.”

The POM allows for camping under certain conditions. Approximately 85% of POM submissions were supportive of camping.



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Submission Response “We…support…the licence of Coledale Beach Camping Ground and the Surf Club Building to the Coledale SLSC. The club provides an invaluable community service and the camping ground provides an affordable holiday opportunity for people in a high quality environment which in other areas might be beyond their budget”

This report recommends that the licence for the camping ground and the Surf Club building is granted.

“My preference is for City Council to control the amenities and the camping site” “Eleven years is too long…it is much better to have a shorter period (say 5 years) with a review at the end of that period. There is nothing to precluding the Club from obtaining another licence for a further period if it is up to the task” “There appears to me little control over who camps where; very often it seems as though campers are squeezed in anywhere. Who monitors the number of sites that are used? When the site is full, I don’t believe the ablution block are sufficient for the number of campers.” “The shower facilities for beach users at Coledale Beach Users at Coledale are presently non-existent. Or are we meant to share facilities with campers in the ablution block? Why is there no outside shower with automatic water cut-off as at Austinmer?” “Picnic tables are in a state of disrepair. Why has the Surf Club/Council not maintained these to a proper standard?” “Unless conditions improve or the situation is monitored on a regular basis by City Council, I see no reason for granting the licence.”

Council directly manages the areas in the reserve that are not included in the proposed licence area. The club will undertake all works required to obtain the Section 68 licence to operate, therefore it was determined that 11 years with a 10 year option was appropriate. The Surf Club will obtain a licence to operate a camping ground under section 68 of the Local Government Act which has an annual review process. The amenities/toilet block is sufficient for the number of campers as was determined by site inspection by a Health Project Officer. The Surf Club will have to post a community map (see Attachment 4) on site which will clearly show where camping sites are located. If camping occurs in areas not designated as a camping ground site, complaints can be made to Council and they will be investigated. Breaches could lead to the licence to operate a camping ground being revoked through the annual review process. Installing a new shower facility would be subject to funding being available. Three new table and seat settings have been installed in the reserve.

“While having no basis objection to it…I have a few comments on issues which I think are relevant and should be addressed in the conditions of the licence.’ “What conditions are proposed on the use of the Northern end of the site? I understood the latest agreement was that it would be used at Christmas, Easter and school holidays, whereas this year it is used every weekend…It is also used even though the more developed area is not

In the northern end of the site there are 6 non powered camping sites. The location of these sites would be shown on the posted community map. If there are more than 6 camping sites in the northern end of the camping ground a complaint can be made to Council and they will be investigated. Breaches could lead to the licence to operate a camping ground being revoked through the annual review



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Submission Response used at times. “I note the limit is 46 sites. Is there a definition of a site? There have been up to 13 vehicles and 8 tents in the Northern area at peak periods. This is totally overcrowded compared to the neatly laid out limited sized sites at the southern end. It appears that the Northern end is often considered one site and large groups are placed there.” “How will the northern area be better controlled? There have been instances of noise late at night, campfires on the beach, cleaning of teeth at the creek, urinating in the bushes- all at the northern end. These examples are from this year alone. The existence of large groups further encourages rowdy behaviour, and would be alleviated if the northern end had sites marked out and limits placed on the number of tents and people on those sites.” “…the northern end appears to be a lot less set out and controlled than the southern end.”

process. The licence does not limit camping to certain time of the year. The Surf Club property licence has the following condition: “The lighting of fires is precluded and the licensee will be responsible for the stringent policing of this condition”

“I have 3 concerns regarding the proposal, as follows: 1. Site capacity, facilities and related health issues 2. Management and control of this community land 3. Protection of the reserve area, the dunes and the wildlife” “I would like to be ensured, in writing that Council intend to police the terms and conditions of the proposed licence and conduct regular checks on compliance with the all of the requirements of the agreed plan of management.” “Without regular checks by Rangers and other Council employees the signs are of no use, in fact it would be better that they would not be put in place as, without policing, they make a mockery of their intention. One only has to go to the reserve a few days a week to see that the signs prohibiting dogs on the beach, fires on the beach reserve, drinking of alcohol, etc are completely ignored by most people…I fail to understand why either the Council employee who cleans the toilets daily, or the team of

The Surf Club will obtain a licence to operate a camping ground under section 68 of the Local Government Act which has an annual review process. With section 68 approval, site capacity, facilities and related health issues will have been adequately addressed. The Surf Club will have to post a community map on site which will clearly show where camping sites are located. If camping occurs in areas not designated as a camping ground site, complaints can be made to Council and they will be investigated. Breaches could lead to the licence to operate a camping ground being revoked through the annual review process. The property licence has the following conditions: “Licensee will prohibit campers from bringing their dogs to the camping ground” “Licensee will be responsible for distributing public awareness pamphlets about the habitat of the Sooty Oyster Catcher. Up to



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Submission Response Council employees who empty the bins there daily completely ignore the fact that people are disobeying Council regulations.”

30 individuals of these species use the reserve as a habitat for foraging. This species is listed as vulnerable under the Threatened Species Conservation Act 1985.” All proposed terms of the property licence are outlined in this council report. Breaches of the terms of the licence could lead to the termination of the licence. Complaints regarding breaches of the property licence can be made to Council for investigation. Council Rangers are specially trained in enforcement procedures and are the appropriate officers to enforce public notice infringements, with the exception of alcohol infringements; these are handled by the NSW Police. Council is taking steps to improve the reserve with new picnic seating, repairing the Coledale Beach Seawall and undertaking dunal restoration/landscaping works.

The management of the camping area by the Surf Club has been without a formal agreement to date. During the negotiations, issues raised by the submissions were discussed. The Surf Club has been advised that management of the site must be in accordance with the licence and that failure could result in the licence being withdrawn. PROPOSAL

As an objection has been received, it is proposed that Council make application to the Minister for Local Government for approval of the licence to the Coledale Surf Life Saving Club on the following terms and conditions:

Licensee: Coledale Surf Life Saving Club P.O. Box 2078 Wollongong NSW 2500

Area to be Licensed: The area to be licensed to the Surf Club is outlined in

heavy black ink shown in the map shown as Attachment 2 to this document and excludes the part of the amenities block which forms the men’s and women’s toilet and showers used by the general public (these toilets are in the southern section of the amenities building).



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Permitted Use: Permitted uses are according to the appropriate zone

permitted uses in the adopted plan of management. These uses include, but are not limited to, the operation of a camping ground that has a maximum of 42 non powered camping sites and 4 powered camping sites, the use of the Surf Life Saving Club Building for the carrying out of Surf Life Saving Club activities including function room hire and other activities related to fund raising for the club, and the regeneration of the native vegetation zone in compliance with a Native Vegetation Maintenance Plan. The Licensee shall encourage multiple community uses of the licensed area. The Licensee must permit compatible public access to facilities provided within the licensed area when the licensed area is not required for immediate use by the Licensee. The Licensee may charge a reasonable fee to cover the costs of use by the public. In the event that this fee cannot be agreed upon by both parties, Council reserves the right to set the fee. The Licensee has no authority to exclude from the reserve lawful members of the general public who wish to use zones 1, 2 or 3. (Please refer to the plan of management for zone determination)

Term: 11 years plus 10 year option term. Date of Commencement:

The date of the Minister’s Approval

Licence Fee: Annual licence fee of $7,950.00 (GST exclusive) or 15%

of annual turnover, which ever is greater. This licence fee may be offset against the value of works undertaken by the club in accordance with the Native Vegetation Maintenance Plan. (see special condition 6). Copies of audited financial statements are to be provided to Council on an annual basis.

Fee Review: The licence fee will be subject to annual increases by

reference to the Consumer Prince Index (CPI). This rate will be capped to a maximum of 5% per annum. Prior to exercising the option, the formula used to calculate the licence fee will be subject to review by Council and the licence fee for the option will be set in accordance with that review. Annual review to CPI thereafter.



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Outgoings: The Licensee to be responsible for all Sydney Water and Council rates and charges, electricity, garbage, telephone, gas, water usage and any other charges whatsoever relating to the area licensed.

Other Costs: Licensee will be responsible for all building costs, the

installation of all services and infrastructure to the site and any consultancy fees, including survey costs in defining the licence area.

Special Conditions: 1. Persons may not camp in the reserve, nor may camping structures remain in the reserve, for more than 30 consecutive days. Additionally, persons may not camp in the reserve, nor may camping structures remain in the reserve, for more than 60 days in total during any 12 month period. (The sum of any camping stays, intermittent or consecutive, are to be counted in this 60 day limit in any 12 month period) Council reserves the right to ban from the camping ground persons who abuse these camping stay limits. Council will determine abuse under these limits at its sole discretion. The Licensee must comply with any Council directive regarding this matter.

2. The lighting of fires is precluded and the licensee will be responsible for the stringent policing of this condition (This requirement was a result of Council’s resolution of 28 June 2004). 3. Licensee will increase the frequency of rubbish collection during peak camping periods to meet the demand. 4. Licensee will prohibit campers from bringing their dogs to the camp ground. 5. Licensee will be responsible for distributing public awareness pamphlets about the habitat of the Sooty Oyster Catcher. Up to 30 of individuals of this species use the reserve as a habitat for food foraging. This species is listed as vulnerable under the Threatened Species Conservation Act 1995 and is protected. (Council will provide a proto-type of this document for use by the licensee)



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6. Licensee is responsible for implementing the Native Vegetation Maintenance Plan (see Attachment 2) which will form part of the licence agreement. Initially, a qualified contractor in bush regeneration will be required to undertake these works and over an agreed period of restoration the costs of engaging that contractor by the Surf Club can be offset against the annual licence fee. This contractor and the scope of works must be approved by Council prior to engagement and the works must be completed to Council’s satisfaction prior to any fee offset. There is provision for the Surf Club members to be trained by the contractor in maintenance practises to enable the club to undertake ongoing weed management and other minor works in accordance with that Native Vegetation Management Plan. once initial restoration works are completed. Over time costs incurred implementing the native vegetation plan should decline. 7. Council agrees to match the licence fee with in kind services to fund works to improve the recreational amenity throughout the reserve at the determination of Council. Council may hold over cash licence fees paid by the Surf Club in a restricted asset account to allow for larger projects to be undertaken in the reserve.

Licensee Capacity: Licensee will need to demonstrate that it has sufficient

financial capacity to meet the licence obligations. Copies of audited financial statements are to be provided to Council on an annual basis.

Insurance: Licensee to effect Public Liability insurance for a

minimum of $10M.

Licensee to effect full property insurance cover over all buildings and structures in the licensed area recording Council as property owner.

On the anniversary of the licence term, or on request, the licensee must produce evidence to Council of the current insurance policy. If the licensee fails to maintain the required insurance policies, then Council may effect the policies and recover the insurance premium from the Licensee as a charge under the licence.



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Maintenance: The Licensee is responsible for all maintenance, repair and replacement of fixtures and fittings to the property other than structural repairs. The Licensee is responsible for all grounds maintenance in accordance with the native vegetation maintenance plan.

Legal & Advertising Costs: Licensee to pay $289 towards the legal costs involved in the preparation of the licence in accordance with Council’s policy. Licensee to pay any cost of complying with statutory requirements for advertising, prior to placement of the advertisement.

CONSULTATION AND COMMUNICATION

A letter informing nearby residents of the proposed licence and requesting submissions was sent to 175 persons on 24 March 2006. A notice outlining the licence and requesting submissions was placed in The Advertiser and the Northern Leader on 5 April 2006. Additionally, a notice was placed on site at the Coledale Beach Reserve in a window of the existing amenities block during the submission period of 5 April 2006 to 5 May 2006. Additionally, Recreation and Natural Resources Division, the Legal and Risk section and Manager Finance were consulted. Council obtained independent valuation advice from Robertson Robertson Consultant Valuers (see Attachment 6) in respect of the annual fee. PLANNING AND POLICY IMPACT

The proposed licence is in accordance with the Plan of Management for Coledale Beach Reserve and is not inconsistent with the provisions of the LEP 1990.

ECOLOGICAL SUSTAINABILITY The licence terms were developed with regard to the principles of ecologically sustainable development. RISK ASSESSMENT

The Surf Club currently manage the camping ground without a lease or licence and without an approval to operate a camping ground under section 68 of the Local Government Act 1993. Without a licence, Council is not able to compel the Surf Club to: • Pay to Council an annual licence fee; • Maintain the site; • Have appropriate insurance coverage in place; • Protect the site’s biodiversity; • Enhance the site’s amenity. This situation presents Council with financial, compliance, environmental and reputation risks as well as general uncertainty which would be avoided or reduced if a licence agreement were entered into and Section 68 approval obtained. FINANCIAL IMPLICATIONS

This licence will formalise the existing arrangement between Council and the Surf Club in regard to maintenance, repair and replacement of fixtures and fittings to the property and structural repairs to the Surf Club Building and Amenities Block. There is a new requirement for the Surf Club to maintain the grounds in accordance with the Native Vegetation Maintenance Plan which is shown in Attachment 2.



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Council will receive either $7,950 per annum or 15% of annual turnover, whichever is greater. This fee is in accordance with the independent valuation advice of Robertson Robertson Consultant Valuers who specialise in valuations of tourist parks/camping grounds. (see Attachment 6) After the first 2 years the majority of the licence fee is anticipated to be paid in cash and held by Council in the proposed Coledale Beach Reserve Restricted Asset Account. As noted in Special Condition 7, Council will match the licence fee paid by the Surf Club with goods in kind, by way of the provision of existing services. Special Condition 7 is a result of the action plan in the adopted plan of management; as such no objections were received from Acting Manager Finance regarding setting up the restricted asset account, although Council rarely sets up this type of restricted account. Acting Manager Recreation and Natural Resources supports the creation of the restricted asset account. OPTIONS

1 Approve the proposed licence terms and grant the authority to seek the Minister’s approval to grant the licence.

2 Propose additional terms to the licence that will comply with the plan of management

adopted by Council in June 2004 and grant the authority to seek the Minister’s approval to grant the licence.

3 Resolve to not grant a licence to the Coledale Surf Club and authorise actions to end

camping in the reserve under their management. CONCLUSION

It is recommended that Council should authorise the granting of a licence for the camping ground and surf life saving club building to the Coledale Surf Life Saving Club subject to the Minister’s consent as outlined in this report.

Name Position Title Date Signature This report provides Councillors with all the relevant information and is correct at the time of writing.

This information has been relied upon in preparing the report and its recommendations. Signed by:

Martha Tyndall Property Officer – Community Land Management

15/11/06

Peter Coyte Manager Commercial Projects and Property

15/11/06

Brian Jenkins Acting Chief Financial Officer 15/11/06

ATTACHMENTS

1. Site Map of area to be licensed to the Surf Club – Separate Attachment 2. Surf Club's agreement to proposed licence terms including the Native Vegetation Plan –

Separate Attachment 3. Submission letters received – Separate Attachment 4. Community Map of the Coledale Beach Reserve Camping Ground – Separate Attachment 5. Surf Club's agreement to operate a camping ground – Separate Attachment 6. Valuation - Robertson & Robertson dated 9 January 2005 - Separate Attachment

ATTACHMENT 1 – Item 6 - Site Map of area to be licensed to the Surf Club Page 1


Page 2 ATTACHMENT 2 – Item 6 - Surf Club's agreement to proposed licence terms including the Native Vegetation Plan


ATTACHMENT 2 – Item 6 - Surf Club's agreement to proposed licence terms including the Native Vegetation Plan Page 3






































Page 22 ATTACHMENT 3 – Item 6 - Submission letters received


ATTACHMENT 3 – Item 6 - Submission letters received Page 23
















ATTACHMENT 4 – Item 6 - Community Map of the Coledale Beach Reserve Camping Ground Page 31


Page 32 ATTACHMENT 5 – Item 6 - Surf Club's agreement to operate a camping ground


ATTACHMENT 6 – Item 6 - Valuation - Robertson & Robertson dated 9 January 2005 Page 33


Page 34 ATTACHMENT 6 – Item 6 - Valuation - Robertson & Robertson dated 9 January 2005














Documents

REF: CM177/06 PROPOSED LICENCE OF THE COLEDALE BEACH CAMPING GROUND … · The community was notified of the proposal throughout March to May 2006 and provided the opportunity to