NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 07 February 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

 

3        DISCLOSURE OF INTEREST

 

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 17 January 2008

 

5        DELEGATIONS—Motion to hear Delegations

 

6        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

7        General Manager Report

7.1     Outstanding Actions and Reports

7.2     Grant Application Status Report

7.3     Sustainable Fleet and Plant Policy

7.4     Upper Warrell Creek Railway Overbridge, Macksville

7.5     Local Water Utility Inquiry - Finalisation of Terms of Reference

7.6     Proposed Amendments to EP&A Section 94 Contributions

7.7     Public Private Partnerships - Development of Council Infrastructure Assets

 

8        Director Environment and Planning Report

8.1     Report on Skate Park Development Application Coronation Park, Nambucca Heads

8.2     Report on Minutes of the Structure Plan Reference Group Meeting held 30 January 2008

8.3     Report on Development Applications received by Council 7-25 January 2008

 

9        Director Engineering Services Report

9.1     Upper Warrell Creek Road - Part Road Closure and Sale - Lot 1052, DP 849681

9.2     Coronation Park--Plan of Management

9.3     Regional Road--Rodeo Drive........................................................................................... 104

 

 

 

 

 

 

 

 



Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.1      SF959         070208         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans).  Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions.  Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting.

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

 

File no.

Council

Meeting

Summary of Matter

Action

By

Status

JANUARY 2007

1

QWN06

18/01/07

Rodeo Drive potholes & rough surface

DES

Report received—being reviewed—Report to Council 7 February

 

2

QWN16

01/02/07

Widening of Rodeo Drive underpass

DES

ARTC will provide consent in writing—received 29/8

ARTC requested to contribute financially--$80,000 each

Newcastle office to determine.  Unlikely to receive funding—Project deferred to 2008/09

 

MARCH 2007

3

QWN19

01/03/07

Floodgates Gumma

DES

Halted by wet weather.

The main floodgate has been installed and has created a freshwater wetland—damaged by storms

APRIL 2007

4

QWN01

19/04/07

Traffic hazard at the railway overbridge on Wirrimbi Road – suggest give way sign or remove embankment to improve visibility.

DES

ARTC and Forestry will work with Council to improve the sight distance for road vehicles.  Work being scheduled.  Joint project proposed for December 07. Now February 2008

JUNE  2007

5

NOM –  SF544

7/06/07

Review of Section 94 Plans for Macksville catchment to include an audit of public open space to ensure current and future demands are satisfied

 

GM

Recreation  and Community Facilities Contribution Plan due for Council's endorsement 25/05/2008

 

6

NOM  – SF544

7/06/07

Review of Section 94 Plans for Macksville include embellishment of existing public open space in South Macksville growth area for passive recreation and sporting fields

GM

Recreation and Community Facilities Contribution Plan due for Council's endorsement 25/05/2008

 

JULY  2007

7

SF276

19/07/07

Council consider an increase in the Youth Worker (Aboriginal) to a fulltime position at the September quarterly budget review

 

DEP

Position currently filled by casual employee to cover Holiday Program. Discussions yet to be held with funding authority regarding long term options

 

AUGUST 2007

8

SF822

2/08/07

That Council maintain the 750 km radius limit for existing employees and develop a new policy for new employees.

MHR

MCW

November 2007.

Review being undertaken of entire vehicle policy—Jan 08.

Manex has reviewed draft policy to be reported to February 2008.

 

9

SF699

2/08/07

Report on Town Services

MCW

 

September quarterly budget review to be considered in Works on 14 November 2007.

Defer to December after demo of “walk behind” vacuum/sweeper cleaner.

Report as part of Management Plan

 

10

QWN13

16/08/07

Richards Rd intersection – squaring up

DES

Will form part of minor improvements program in second half of year in March 2008

 

11

QWN14

16/08/07

Walter Monro Place—gutter dropped

DES

Design in preparation

Grate and box drain proposed.  Design prepared.  Construction in May.

 

12

SF394

16/08/07

That Council wait for a further 3 months before considering any further long term investments.

GM

Report to be provided in December 2007

Given volatility propose to report with Dec. quarterly review to Works on 20/2/08

 

SEPTEMBER 2007

13

SF640

20/09/07

That a purchasing policy be developed and sustainable choice purchasing clauses be included in the policy

DES

February 2008.

14

SF428

20/09/07

That Council vigorously pursue the exclusion of the Farmland Mapping from those areas already identified for rural residential development that are already fragmented or removed from primary production.  All affected property owners within the quota zoning to be directly notified.

 

DEP

Department of Planning advised by letter 12/10 that all previous 1(C) zoned land and land not identified as Class 1, 2 or 3 Agricultural Land within the "broken black line" in Council's LEP will be excluded from the farmland mapping project.  Six pockets still to be resolved. Which will be finalised after the Draft-Rural Residential Strategy is ratified by Council

 

OCTOBER 2007

15

QWN06

04/10/07

Thumb Creek vegetation removal near bridge

DES

To be listed

16

QWN19

04/10/07

Report on cost of repairing/replacing microfiche reader at Macksville library

DEP

Microfiche repaired and now operational

 

17

QWN 23

18/10/07

DA extension for Woolworths, Macksville

DEP

Council resolved to engage an independent consultant to assess the economic impact of the proposed development. Consultant nearing completion of assessment

Report from Consultant in early February 2008.

 

18

SF871

18/10/07

That consideration of funding upgrade works for the halls referred to in recommendation 6 (That further consultation be undertake with the committees of management of the Argents Hill, Burrapine, Pioneer Community Centre, Valla Beach Community centre, Tewinga and Warrell Creek halls to ascertain the need for POPE approvals for the individual buildings and look at options for funding and completing works to enable POPE approvals to be issued for these halls) be considered in a further report following the need for POPE approvals and funding options being discussed with the committees of management.

 

GM

Works Inspection Committee 20 February 2008

NOVEMBER 2007

19

QWN 3

01/11/07

Gordon Park—Boat Ramp filling with sand

DES

Awaiting Fisheries approval

 

20

QWN 7

 01/11/07

Skills Centre—update to be sought from Department

GM

New Federal Gov’t not negotiating funding agreements for Regional Partnerships or Sustainable Regions.  Uncertain.

21

QWN 12

01/11/07

Charlton St Nambucca Heads—rippling hotmix

DES

Contractor to replace

22

SF653

01/11/07

That the report come back without gobbledygook, and address cost implications for the whole Shire for one year; reassessing the period the cambium is active after slashing.

 

DES

MCW and Weeds Officer to review report.  To be reported in March

23

SF452

01/11/07

Council investigate a common fee for inert waste

DES

To be considered in fees and charges for 08/09.

24

QWN01

15/11/07

Clayholes Road--Potholes

DES

Grading will be undertaken with normal program. in December 2007. Only first section needs grading.

When plant in the area.

 

25

24200/2007

15/11/07

Notice of Motion—Council seek grant funding to install air conditioning Macksville High School Stadium

GM

Letter sent to Minister for Education on 14/12/07

26

24386/2007

15/11/07

Council review policy on Appointment of Senior Staff

MHR

February 2008

27

24406/2007

15/11/07

Engagement of consultant to investigate energy costs in hydro therapy pool; negotiations with lessee; follow up of lease conditions.  Further report on lease agreement and legal advice.  All leases to be brought up to date and reported to Council.

MBD

February 2008

DECEMBER 2007

28

SF853

06/12/07

That at each budget review, Councillors be provided with a general overview of the status of road, bridge and roadside veg maintenance for previous 3 months

DES

March Meeting

 

29

SF1011

06/12/07

Report on capital works program which includes June quarter and September quarter.  To consider overall achievement of last year’s program; any reason for variance and implications for current program.

DES

March Meeting

 

30

SF639

06/12/07

That the skill levels of Council’s outdoor workforce be the subject of a further report.

MHR

April 2008

31

SF791

06/12/07

Council apply to Minister and Governor to compulsory acquire certain lands from State Forests NSW following advice on a deed of agreement.

GM

Planning Manager for Forests NSW contacted on 10/12/07.  Letter seeking confirmation of arrangements sent 12/12/07.  Follow-up letter sent 7/1/08.  SAO telephoned 29 January

32

SF623

6/12/07

Council investigate opportunities for funding under Round 3 of the Bush Recovery Program for Farringdon Fields and Buz Brazel Park.  Council encourage community to apply via media release.

DEP

Advertisement placed in Guardian News on Thursday 13 December 2007. Email sent to relevant Council Officers informing of funding opportunities.

33

QWN16

6/12/07

Repair of turnaround in West Street

MCW

Pothole repairs being arranged.  Minor shoulder work.

 

34

QWN23

20/12/07

Environmental Compliance/Environmental Management System Manual – Shire Works Depot Policy (030-031) to be reviewed.  This policy requires a number of actions to be undertaken by Council in line with its approved Environmental Management System Manual for the Shire Depot.  The actions are listed in table 3 of the Environmental Compliance Audit Report (Jelliffe 1996).  What progress has been made on these specific actions?

 

DES/

MCW

February Works

35

SF450

20/12/07

Coffs Coast Waste

DES

Report justifying this expenditure comes back

to Council before a commitment is made for the next financial year.

Coffs Harbour City

Council advised of this requirement.

 

36

27296/

2007

20/12/07

Draft Tourism Strategy

That following the public exhibition a further report be submitted to Council

 

GM

Report March 2008

37

QWN28

20/12/07

LGSA's sustainable Choices website – no mention of NSC as member

 

DES

NSC now on website

38

QWN31

20/12/07

Webcam in Bowraville – investigate the requirements for public consultation and the legality of installing

 

GM

 

39

SF841

20/12/07

Impact of preferred highway route on rural residential subdivision—consultants for rural residential release strategy to be asked to make specific comment on the impact of the preferred alignment on rural residential releases

 

DEP

A copy of Council’s resolution regarding the ‘impact of preferred highway route on rural residential subdivision’ was referred to the consultants with advice to address this matter in the rural residential strategy. The draft strategy referred to the Reference Group for their consideration on 30 January 2008.

 

40

QWN22

20/12/07

That Council recommence the reviewing of Council policies at the first works inspection in January 08—and then monthly

 

GM

Commenced.

41

SF1027

20/12/07

Council defer drawing down the $315,000 loan for the netball courts until later in financial year to allow an assessment of available working capital.

GM

Report to 20 February 2008 Works

No tenders accepted. Soil testing underway.  Grant advice in Feb 08 with selective tender to follow grant notice.

.

42

SF1074

20/12/07

Draft workplace equity and diversity strategy to be submitted to ACAC, Community Services C'tee and Consultative C'tee for comment prior to determination by Council

 

GM

Report to Council March 2008.  Now deferred to April 08.

43

SF844

20/12/07

Revise budget for off stream water storage to be assessed for impact on water rates prior to being approved by Council

DES

This will be reported to the next Steering Committee Meeting by the Dept of Commerce on 6 February.

 

44

QWN 41

17/01/08

Spraying of grass in streets

DES

Underway by contractor

45

QWN 42

17/01/08

Macksville Jetty—non slip coating

DES

Staff to undertake

46

QWN 43

17/01/08

Tourist Office Wharf & Gordon Park Boat Ramp

DES

Still awaiting approvals

47

QWN 46

17/01/08

Cost of introducing "Corn Bags" for Kitchen bin

DES

Costings being prepared

48

QWN 47

17/01/08

Wilson bridge checked for appropriate signs

DES

NO DIVING symbol in place—no other warning signs required.

49

QWN 48

17/01/08

DLG Report to Council

GM

Awaiting review of draft report by DLG

50

QWN 50

17/01/08

Ability to further subdivide land—D Nicklen

DEP

Matter currently being attended to with a response to be issued.

51

SF674

17/01/08

That a report be prepared on the options of providing a weekly service for the red bin or secondly a weekly service for the red bin and a fortnightly service for the green bin.

DES

Contractor assessing options

52

SF256

17/01/08

That a report be prepared on a program for a candidate information evening and for a formal induction of Councillors following the election.

GM

Report to Council 6 March

53

SF261

17/01/08

Any communication between the RTA and Council relating to the upgrade of the Pacific Highway be minuted and reported to Council.

GM & DES

RTA to meet Old Coast Rd residents in Council Chambers 4.00 pm Wed 13 Feb 2008

54

SF939

17/01/08

Council proceed to prepare a 20 year Community Strategic Plan to be considered with 2008/2009 Management Plan

GM

Report to Works on 20/3/08

55

SF939

17/01/08

Council review Vision Statement

GM

Report to Works on 19/3/08

56

SF631

17/01/08

Brief for $120,000 Master Plan for Lower Estuary to come to Council for endorsement

DEP

Report to Estuary C'tee 6 February to form Working Group

57

SF265

17/01/08

Asset management policy and use of NAMS.PLUS be deferred to the new Works Inspection Committee for discussion

DES

To be reported to Works Inspection Committee on 20 February.

58

SF225

17/01/08

There be a further report on outcome of negotiations in relation to parking control and ranger responsibilities

DES

Discussions underway with Bellingen Shire Council

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.2      SF708         070208         Grant Application Status Report

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.  The following table provides a report on grant programs which Council has been made aware of; their closing date; consultation with community groups; their current status and eventual determination by the funding body.

 

 

Recommendation:

 

That the list of grant programs and their status be received.

 

 

 

 

 

 

Grant Program

Action

 

Status

1

Regional Sports Facility Program

DES

Expression of interest for Macksville Park new netball courts

Grant………$175,000

Council        $175,000

                    $350,000

Eligibility assessment—Aug 2007

Regional assessment—Sept 2007

Call for detailed applic—Nov 2007

Announced—January 2008

Revised announcement—February 2008 

 

 

2

Sports & Recreation Capital Assistance Program

MCW

Application for playground equipment and softfall for Richardson Park

Grant             $4,675

Council          $4,675

                      $9,350

 

Eligibility Assess             August 2007

Notification of ineligible   September 2007

Announced                      December 2007

Revised announcement—February 2008 

 

3

Sport & Recreation Capital Assistance Program

MCW

Application for Donnelly Welsh Fencing

Grant             $2,750

Council          $2,750

                      $5,500

 

Eligibility Assess            August 2007

Notification of ineligible  September 2007

Announced                     December 007

Revised announcement—February 2008 

 


 

4

Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) (NSW Ministry of Transport)

DES

Advised by letter from Ministry of Transport (23/1/08) that application for $20,364 for bus shelter security lighting has been unsuccessful this year.

 

 

5

Department of Planning—Round 5 Planning Reform Funding

DEP

Nambucca Shire Comprehensive LEP 2008 – Mapping Project.

Funding to assist with the preparation and printing of the maps required for the new comprehensive 2008 LEP.

Assist with the implementation of the new ESRIE GIS system to enable the preparation of the new maps for the 2008 LEP

Grant               $64,000

Council     $20,000 (Identified in the                                                                                        07/08 Strat Planning Budget

Total                 $84,750

Application submitted: 2 September 2007 Closing date:  2 October 2007

Council advised that it was unsuccessful

 

6

Small Grants for Small Rural Australian Communities

There are two rounds of Small Grants per year. Closing dates are 31 March and 30 September 2007 and 2008

 

MS

A program of the Foundation for Rural and Regional Renewal closes on 30th March and 30th September 2008. 

(Warrell Creek Hall Committee of Management lodged an application on 21 September 2007.)

Information regarding the next round for 2008 has been sent to all Section 355 Hall Committees, the Museums, the Macksville Gift Secretary, placed on Council's website and in the Councillors Newsletter 30 October 2007.

 

Letter sent to all Section 355 Hall Committees of Mgt on 30 October 2007.

 

7

Local Adaptation Pathways Program

The Federal Government has announced the "Local Adaptation Pathways Program" to provide funding to help local government build their capacity to respond to the impacts of climate change.  The Australian Government will provide up to $50,000 to held councils undertake risk assessment and develop action plans to prepare for the likely local impacts of climate change.  The deadline for applications is 3 December.  As at 9 October, application forms were still not available.

 

GM

Application lodged.

 

8

2007 Bush Recovery Program Funding—Round 3

DEP

 

See report in business paper 6/12/2007


 

9

Department of Environment and Climate Change

DEP

Proposed to submit an application for additional "Flood Study" to provide more accurate Flood Mapping of the Shire.

Funding based on 2:1 (2 Grant Funds 1 proponent)

Also looking at application for Voluntary house raising.  Both matters reported to Nambucca River Estuary and Coastline Management Committee 6 February 2008.

 

Closing date 15 February 2008.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.3      SF825         070208         Sustainable Fleet and Plant Policy

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager; Noel Chapman, Manager Civil Works          

 

Summary:

 

Following the ratification of the Kyoto Protocol it is important that Council work to reduce its greenhouse gas emissions.  One important component of these emissions is Council’s fleet of cars, utilities, trucks and major plant.  The NSW Government has specific requirements for the reduction of carbon emissions associated with its motor vehicle fleet.  Whilst mandatory for State Government agencies it is recommended that Council apply them to its operations.  It is also recommended that Council investigate the use of a biodiesel blend for all of its diesel powered plant.

 

 

Recommendation:

 

1        That the NSW Government Strategy for achieving environmental performance score targets for fleet operations be adopted for Council’s vehicle fleet.

 

2        That Council note a proposal to achieve an “environment performance score” of 12/20 for every passenger vehicle and 9.5/20 for every utility and refer the proposal to Council’s Consultative Committee and the affected staff in accordance with the requirement to provide 12 months notice under the private use agreements for Council vehicles.

 

3        That Council note a proposed cap on the cost of vehicles being a base price of $30,000 excluding GST and subject to annual CPI indexing.

 

4        That further investigations to be made into the provision of a biodiesel blend for all diesel engines and that the opportunities be the subject of a further report to Council.

 

 

 

OPTIONS:

 

Besides adopting or not adopting the recommendation, there is almost an infinite number of options available depending upon the tradeoffs which will be accepted for reduced greenhouse gas emissions.  In general terms greater reductions in greenhouse gas emissions are achievable but these are likely to incur additional expenditure through either increases in capital cost; reduction in productivity; or increases in indirect costs.

 

DISCUSSION:

 

Council has no established strategy for the reduction of greenhouse emissions associated with its operations.  However it has recently resolved to join the Cities for Climate Protection Program and it’s anticipated that work will commence on determining Council’s base line emissions data in March 2008.  Shane Melotte, CCP State Manager (NSW) from ICLEI – Local Governments for Sustainability – Oceania will be at Council in late February 2008 to provide Council staff with training in using their software to document Council’s emissions.  The base line data can either be the current date, or if work has already commenced on emissions’ reduction, a date prior to the implementation of that reduction.

 

Although it is not currently mandatory for local government to reduce fleet emissions, with the election of the Federal Labour Government, the ratification of the Kyoto Protocol and agreement on the “Bali roadmap”, it is only a matter of time before local government is compelled to reduce greenhouse gas emissions.


 

Hence there is no reason why Council should not proceed to tackle reducing carbon emissions from one of its major sources being the operations of Council’s fleet and plant which consists of passenger vehicles, utilities, trucks, graders, excavators and numerous other petrol and diesel powered machines.  At the very least any effective policy should reduce Council’s total fuel costs as there is obviously a close relationship between fuel consumption and carbon emissions.

 

The policy has been prepared as a proactive initiative to promote environmental responsibility within the community.  If adopted, this policy will allow Council to show leadership on this important issue and also to be a catalyst for the preparation of similar plans for other areas of Councils operations.

 

The report investigates what is currently feasible using a sustainability assessment incorporating environmental, social, economic, risk and financial outcomes.  A host of considerations such as engine warranties; manufacturer’s recommended operating procedures; cost; productivity; occupational health and safety; industrial relations; and local preference; all serve to inhibit a purely environmental outcome of reducing CO2 emissions.

 

Passenger Vehicles including 4 Wheel Drives

 

For the purposes of modelling a base year of 2006/2007 was adopted with the applicable base date being 30 June 2007.  At that time Council had thirteen large six cylinder cars (12 sedans & 1 station wagon); five 4x4 wheel 4 cylinder station wagons; one 4 cylinder hybrid; and one small 4 cylinder sedan.

 

The NSW Government has issued a memorandum to deliver a cleaner NSW government motor vehicle fleet.  Greenhouse emissions from transport represent 15% of total NSW greenhouse emissions and have increased by 20% between 1990 and 2002.  The NSW Government’s initiative aims to:

·      Encourage the procurement of smaller, cleaner and less polluting vehicles;

·      Reduce fuel consumption and greenhouse gas emissions; and

·      Save both vehicle purchase and running costs.

 

Local government and public trading enterprises are strongly encouraged to adopt these principles.

 

Each State Government agency is required to achieve an average “environmental performance score” of 12/20 by 2007/2008.  This score is derived from ratings provided on a government website www.greenvehicleguide.gov.au.

The Air Pollution Rating is based on the level of air pollutant emissions allowable under the standard to which the particular vehicle has been successfully tested to for supply to the Australian market.

Under the emission standards, vehicles fuelled by petrol, liquefied petroleum gas (LPG) or natural gas (NG) vehicles are required to meet limits for the emission of carbon mnoxide (CO), hydrocarbons (HC) and oxides of nitrogen (NOx). In addition to these pollutants, diesel vehicles must also meet a limit for the emission of particulate matter (PM). The Air Pollution Ratings also take into account the relative environmental impact of each of these pollutants.

The Greenhouse Rating means the highest scores are achieved by cars which produce the lowest levels of carbon dioxide (CO2). All new vehicle models up to 3.5 tonnes gross vehicle mass sold in Australia are tested to determine both the fuel consumption and the level of CO2 emissions. This information is displayed on a Fuel Consumption Label attached to the windscreen of new vehicles. The CO2 emissions value is used to derive the greenhouse rating of a vehicle.

 

The attached table lists some of the vehicles commonly available and their “environmental performance score” which is the sum of their greenhouse rating and air pollution rating.  Information is also given on purchase price and fuel costs.  A notable exception to conforming vehicles is the traditional “Aussie big 6”, with both the Holden Commodore and Ford Falcon, including LPG conversions, failing to make the grade.

 

It is proposed that for future passenger vehicle purchases that Council move to the State Government’s requirement of a 12/20 performance score for any vehicle with a cap on the cost of vehicles to be set at a base price of $30,000 excluding GST and subject to annual CPI indexing. 

 

The Manager Civil Works would then have discretion within this financial cap to purchase vehicles (provided they meet the 12/20 score) based on the available funding in the plant reserve; the capital cost of the vehicle; the environmental performance of the vehicle; the vehicle’s likely trade in performance; likely fringe benefits tax liability; and the number of persons in the employee’s immediate family ie partner + dependents.  Wherever possible vehicles with higher environmental performance scores than the minimum 12/20 will be purchased.

 

It is possible that in the longer term, strategies other than vehicle type may be required to further reduce emissions.  This may include reducing the overall number of vehicles and reducing the number of kilometers travelled.  These options would have implications for both productivity and also employment conditions.  In order to assess the potential to restrict the distances travelled a review of fuel purchases was carried out over a 6 month period.  The review involved 27 vehicles and recorded the purchase locations within a range of distances from Macksville.  The period was from February 2007 to July 2007 with a total number of fills being 851.  The results were as follows:

 

 

Refuelling distance from Macksville

Number of refuels

Proportion of total refuels

Between 0-50 kilometres

713

83.8%

Between 50-200 kilometres

32

3.8%

Between 200-500 kilometres

95

11.2%

Between 500-700 kilometres

8

0.9%

Greater than 750 kilometres

3

0.4%

 

Limiting private usage would require a comprehensive monitoring system which would come at a cost.  There would also likely be an increase in FBT costs. 

 

Utilities

 

As at the base date Council had 4 six cylinder utilities and 17 four cylinder utilities.  Of the 17 four cylinder utilities 11 operated on ULP and 6 were diesel.

 

The State Government’s policy permits utilities to have an environmental performance of 9.5/20 but only where the vehicle is required to meet a specific operational need.  A review of the “environmental performance score” for utilities indicates that these will need to change over to four cylinder diesel to achieve the 9.5/20 ranking.

 

Given the limited range of vehicles available and the “basic” finish of commercial vehicles, it is not considered necessary to set a cap on their capital cost.

 

Trucks and Major Plant

 

These vehicles are usually job and task specific and therefore options to change vehicle specification are limited.  As at the base date Council had 11 trucks, all diesel powered and 16 items of major plant with 14 of those items being diesel powered.  There were two zero turn tractors which use ULP.

 

Notwithstanding there is potential to utilise biodiesel as an alternative fuel produced from renewable resources.  The process uses vegetable oils and animal fats to produce methyl esters (biodiesel).  More commonly used crops in this process are soy, canola, cotton seed and mustard seed.  A chemical process called transesterification separates glycerin from the fat or oil leaving two products: biodiesel (methyl esters) and glycerin.  Glycerin is a commonly used product in soaps.  Because it has similar properties to petroleum diesel fuel it can be blended in any ratio with petroleum diesel fuel.  A common blend is a mix of 20% biodiesel with 80% petroleum diesel, or “B20”.  Caltex market a “B5” blend for the same price as petroleum diesel.  They are also introducing a B2 blend which they believe is suitable for any diesel powered machine.


 

Where incorporated within the warranty and the manufacturer’s recommended operating procedures, it is proposed that trucks and major plant operate on an available biodiesel fuel blend.  A review will need to be undertaken of trucks and plant to assess their capacity to use biodiesel and investigations will need to be undertaken in relation to its supply.  A consideration for future truck and major plant purchases will be their capacity to operate with biodiesel.

 

Other Petrol/Diesel Plant

 

Again, these items of plant are job and task specific but their environmental performance should be a consideration, in their purchase.

 

CONSULTATION:

 

There has been consultation involving the General Manager, Manager Civil Works and Plant Supervisor.  Publications on fleet management prepared by other Councils have been reviewed.  Further consultation is required with affected staff.  Further investigation is required into the use of biodiesel.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Modelling of the Council’s fleet and plant as at the base year of 2006/2007 indicates that the proposal will yield a saving in fuel costs of at least 8.4% and a reduction in emissions of at least 11.5%, equating to about 96 tonnes of CO2.  Since the base year 30 June 2007 calculations, the Manager Civil Works has successfully negotiated with staff a number of changes to Council’s car fleet which has already moved in the direction of the recommendation.  The Managers of Civil Works and Technical Services have changed from 6 cylinder sedans to 4 cylinder sedans.  A 4 cylinder car was also purchased for the Strategic Planner instead of a 6 cylinder sedan.  The Manager Community and Cultural Services is also using a small 4 cylinder diesel car.  The Senior Town Planner has changed from a 4x4 station wagon to a 4 cylinder station wagon.  The ultimate environmental benefit of the policy will depend on a host of factors, including the biodiesel blend which will be available and compatible with Council’s plant. 

 

Social

As discussed in the report, with the signing of the Kyoto Protocol it is important that State and Local Government agencies play a leadership role in the community in reducing their carbon emissions.

 

Economic

The adoption of the policy may affect the opportunity that local suppliers have to supply fleet and plant.  For example, none of the top ten large cars which would be compliant with the policy are available locally.   These cars include the Hyundai Sonata; Toyota Camry; and Toyota Aurion.

 

Risk

There are a number of risks, some of which are outlined in the report.  Any use of biodiesel fuel must obviously accord with the manufacturer’s recommendations to ensure engine life and warranty.

 

Council also has to provide notice to staff who benefit from private use agreements and obtain feedback/consult with its Consultative Committee.  There is some risk of industrial dispute if existing private use agreements are materially changed.

 

However, there is also a risk in deferring the adoption of the policy, particularly following ratification of the Kyoto Protocol.  The increasing cost of petroleum products is also of concern.  In summary, these risks are better managed by on-going incremental improvements rather than deferring action which would likely result in larger and more expensive change.

 


FINANCIAL IMPLICATIONS:

 

·     Direct and indirect impact on current and future budgets

The savings in fuel costs from the base year 2006/2007 are identified as $34,824.  Whilst Council has previously not used a cap on the capital cost of vehicle purchase, the proposed cap of $30,000 approximately equates to the standard of vehicles previously purchased.  It is $3,000 more than the listed base price of an LPG Falcon but less than an ULP/LPG Commodore.  However a major consideration in vehicle purchase is resale or trade in performance so the cap will be likely be less significant than the resale performance of the vehicles selected.

 

It has been budgeted that the existing fleet of 6 cylinder vehicles will be retained until they have 150,000 kilometres.  The policy provides for their replacement with vehicles which are more fuel efficient and with reduced CO2 emissions.  As the 6 cylinder fleet is replaced the policy should result in savings to the General Fund in the cost of fuel.

 

The cost of a biodiesel blend should not be different to petroleum diesel.

 

·     Source of fund and any variance to working funds

There is no requirement for funding.

 

 

Attachments:

1View

Vehicle Comparisons

 

2View

Draft Sustainable Fleet and Plant Policy

 

 

 


Ordinary Council Meeting - 7 February 2008

Sustainable Fleet and Plant Policy

Attachment 1

Vehicle Comparisons

 

            Vehicle Comparisons

Make

Model

Variant

Type

Class

Engine

Cyl

Trans

Fuel

Base Price

GST

Purchase Price

Fuel Consumption

Greenhouse Rating

Air Pollution Rating

Overall Rating

Toyota

Prius

 

Hatch

A

1.6

4

Manual

El/ULP

$32,500

$3,250

$35,750

4.4

8.5

8.5

17.0

Toyota

Corolla

Conquest

Hatch

A

1.8

4

Manual

ULP

$22,521

$2,252

$24,773

7.3

7.0

8.5

15.5

Toyota

Corolla

Conquest

Hatch

A

1.8

4

Auto

ULP

$24,176

$2,417

$26,593

7.4

7.0

6.5

13.5

Ford

Focus

LX

Hatch

A

2.0

4

Auto

ULP

$20,827

$2,082

$22,910

8.0

6.5

6.5

13.0

Mitsubishi

Lancer

VR

Sedan

A

2

4

Manual

ULP

$22,089

$2,208

$24,297

7.8

6.5

6.5

13.0

Citroen

C4

SX

Hatch

A

1.6

4

Manual

ULP

$23,106

$2,31

$25,417

7.6

6.5

6.5

13.0

Citroen

C4

9HY

Hatch

A

1.6T

4

Manual

Diesel

$26,554

$2,65

$29,210

4.8

8.0

5.0

13.0

Holden

Astra

CDX

Wagon

A

1.8

4

Auto

ULP

$23,657

$2,36

$26,022

7.9

6.5

6.5

13.0

Mitsubishi

Lancer

VR

Sedan

A

2.0

4

Auto

ULP

$23,991

$2,399

$26,390

8.2

6.5

6.5

13.0

Peugeot

307

XS

Hatch

A

1.6T

4

Manual

Diesel

$28,627

$2,862

$31,490

5.0

8.0

5.0

13.0

Ford

Focus

TDCi

Hatch

A

2.0T

4

Manual

Diesel

$23,558

$2,355

$25,913

5.6

7.5

5.0

12.5

Holden

Astra

CDTi

Hatch

A

1.9T

4

Manual

Diesel

$25,136

$2,513

$27,650

5.9

7.5

5.0

12.5

VW

Golf

A5 Comfortline

Hatch

A

1.9T

4

Manual

Diesel

$27,594

$2,759

$30,353

5.8

7.5

5.0

12.5

Peugeot

307

XSE

Hatch

A

2.0T

4

Manual

Diesel

$31,445

$3,144

$34,590

5.6

7.5

5.0

12.5

Renault

Megane

Expression

Sedan

A

2.0T

4

Manual

Diesel

$25,747

$2,574

$28,322

4.8

7.0

5.0

12.0

VW

Golf

A5 Comfortline

Hatch

A

1.9T

4

Auto

Diesel

$29,180

$2,918

$32,098

6.3

7.0

5.0

12.0

VW

Jetta

 

Sedan

B

2.0

4

Auto

ULP

$33,956

$3,395

$37,352

8.2

6.5

6.5

13.0

VW

Jetta

 

Sedan

B

2.0T

4

Manual

Diesel

$32,055

$3,205

$35,261

5.8

7.5

5.0

12.5

Mazda

Six

 

Wagon

B

2.0T

4

Manual

Diesel

$32,636

$3,263

$35,900

5.9

7.5

5.0

12.5

Mazda

Six

 

Hatch

B

2.0T

4

Manual

Diesel

$35,000

$3,500

$38,500

5.9

7.5

5.0

12.5

Toyota

Camry

Ateva

Sedan

B

2.4

4

Auto

ULP

$26,394

$2,639

$29,034

9.9

5.5

6.5

12.0

Ford

Mondeo

LX

Sedan

B

2.3

4

Auto

ULP

$28,247

$2,824

$31,072

9.5

5.5

6.5

12.0

Ford

Mondeo

 

Sedan

B

 

4

Auto

Diesel

$35,520

$3,552

$39,072

7.3

6.5

5.0

11.5

Toyota

Aurion

ATX

Sedan

C

3.5

6

Auto

ULP

$26,118

$2,611

$28,730

9.9

5.5

8.5

14.0

Holden

Epica

CDX

Sedan

C

2.5

6

Auto

ULP

$23,218

$2,321

$25,540

9.3

6.0

6.5

12.5

Ford

Falcon

BF

Sedan

C

4.1

6

Auto

LPG

$27,000

$2,700

$29,700

15.1

5.0

5.0

10.0

Holden

Commodore

VE

Sedan

C

3.6

6

Auto

ULP

$25,500

$2,550

$28,050

10.9

5.0

5.0

10.0

Holden

Commodore

VE

Sedan

C

3.6

6

Auto

ULP/LPG

$30,723

$3,072

$33,795

16.0

5.0

5.0

10.0

Mitsu

Outlander

LS

4x4 Wagon

D

2.4

4

Manual

ULP

$27,489

$2,748

$30,238

9.5

5.5

8.5

14.0

Subaru

Outback

 

4x4 Wagon

D

2.5

4

Manual

ULP

$31,025

$3,102

$34,128

9.3

6.0

6.5

12.5

Subaru

Forester

XT

4x4 Wagon

D

2.5T

4

Manual

ULP

$26,933

$2,693

$29,626

11.4

4.5

6.5

11.0

Holden

Captiva

SX

4x4 Wagon

D

2.0T

4

Auto

Diesel

$30,610

$3,061

$33,671

8.6

5.5

5.0

10.5

Holden

Captiva

CX

4x4 Wagon

D

2.0T

4

Auto

Diesel

$32,796

$3,279

$36,076

8.6

5.5

5.0

10.5

Ford

Escape

XLS

4x4 Wagon

D

2.3

4

Auto

ULP

$25,787

$2,578

$28,365

10.5

5.0

5.0

10.0

 

 

 

 


Ordinary Council Meeting - 7 February 2008

Sustainable Fleet and Plant Policy

Attachment 2

Draft Sustainable Fleet and Plant Policy

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

SUSTAINABLE FLEET & PLANT POLICY

 

 

 

Function:  Engineering Services

 

 

Adopted:  to be determined   

Last reviewed:  to be determined 

 

 

 

1.0     Policy objective

 

The policy is designed to achieve the following objectives:

 

·      Encourage the procurement of smaller, cleaner and less polluting vehicles

·      Reduce fuel consumption and greenhouse gas emissions

·      Save both vehicle purchase and running costs

·      Utilise renewable energy sources such as biodiesel where it is available and compatible with engine warranty

 

 

2.0     Related legislation

 

At the time of preparing the policy there was no NSW legislation directly relevant to the policy objectives.  However the Kyoto protocol had recently been ratified by the new Federal Government and it is anticipated that mandatory targets for government agencies such as that proposed by this policy will become law.

 

 

3.0       Definitions

 

The environmental performance score is the sum of the vehicle’s greenhouse rating and air pollution rating as listed on www.greenvehicleguide.gov.au.

 

 

4.0     Policy statement

 

1          The NSW Government strategy for achieving environmental performance score targets for fleet operations be adopted for Council’s vehicle fleet and that Council’s policy be adjusted in accordance with any changes in the NSW Government Strategy that my occur over time.

 

2          That an “environment performance score” of 12/20 be required for every passenger vehicle and 9.5/20 in accordance with the NSW Government Strategy and the scoring shown in www.greenvehicleguide.gov.au.  The score requirement is to be revised in accordance with the applicable State Government strategy.

 

3          Council set a cap on the cost of vehicles being a base price of $30,000 excluding GST and subject to annual CPI indexing

 

4          The purchase of motor vehicles be determined by the Manager Civil Works subject to the following considerations:

 

·      whether funding is available in the Council’s plant reserve

·      whether a motor vehicle is required for the position

·      whether a motor vehicle has been allocated for the position

·      the motor vehicle must meet the environmental performance score of 12/20 for passenger vehicles and 9.5/20 for utilities or the applicable score set down by the State Government at the time

·      the capital cost of the motor vehicle (which must at least be less than the cap set in accordance with item 3)

·      the environmental performance of the vehicle

·      the vehicle’s likely trade in performance

·      the likely fringe benefits tax liability

·      for passenger vehicles where there are private use benefits, the number of persons in the employee’s immediate family ie, partner + dependants.

 

5          Subject to availability and engine warranty requirements, a biodiesel blend be used for all diesel engines.

 

 

---oo0oo---

 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.4      SF768         070208         Upper Warrell Creek Railway Overbridge, Macksville

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

Transfield Services on behalf of the Rail Infrastructure Corporation have offered to make a contribution towards the replacement of the Upper Warrell Creek Railway Overbridge.  The offer which has been made is $88,500 and to remove the old structure provided Council accepts responsibility for the construction of the new overbridge and all future maintenance liability.  With the anticipated cost of a replacement bridge including approaches being approximately $1m, the offer is inadequate and amounts to cost shifting.  If Council is unable to secure heavy vehicle access between the industrial area and the Pacific Highway then there is a risk that the proposed Abigroup pre-cast concrete manufacturing facility which is to employ 50 people and manufacture 25,000 tonnes of concrete product per year will not proceed.

 

 

Recommendation:

 

1        That Council note the representations which have been made in relation to the inadequate offer made by Transfield Services on behalf of the Rail Infrastructure Corporation for the replacement of the Upper Warrell Creek Railway Overbridge.

 

2        That the Mayor endeavour to meet with the Hon. John Watkins, Deputy Premier, Minister for Transport and Minister for Finance to discuss the funding offer.

 

3        That there be a further report in relation to the provision of heavy vehicle access to the proposed Abigroup pre-cast concrete manufacturing facility before the determination of the development application.

 

 

 

OPTIONS:

 

There are options including making political representations in relation to the inadequate funding offer; endeavouring to secure a satisfactory, alternate heavy vehicle access for Abigroup which does not rely upon the Upper Warrell Creek Road overbridge; as well as different options for structuring finance for the bridge to ensure that the investment made by Nambucca Shire Council maximises the economic return to the community.

 

DISCUSSION:

 

Councillors will be aware of the lengthy history of negotiation between Council, the Rail Infrastructure Corporation and Federal and State Governments in relation to the replacement of this bridge.

 

The bridge separates the Macksville Industrial Area from the Pacific Highway and the town of Macksville itself.  Upper Warrell Creek Road is also a Pacific Highway by-pass route during emergencies such as truck accidents.

 

In the week ending 20 July 2001, the Rail Infrastructure Corporation placed a load limit on the bridge of 11 tonnes for rigid trucks and 21 tonnes for articulated trucks.  This prevented normal truck movements into and out of the industrial area.  Following representations the load limit was lifted.

 

At a site meeting involving the Rail Infrastructure Corporation, community representatives and Council on 26 July 2001, agreement was reached to jointly fund replacement of the bridge on a new alignment when the condition of the bridge reached a point where it could not maintain T44 loads with normal maintenance.  This was advised in a letter from RIC dated 28 May 2002, but RIC acknowledged that the operational needs of the bridge may accelerate the need for replacement but that it may not be in a position to fund its contribution before 2006.

 

By letter dated 3 March 2003, the Rail Infrastructure Corporation referred to the previous agreement and advised that, “the jointly funded replacement proposal is included in our Asset Management Plan for 2008/2009 and will be reviewed on an annual basis until then.”

 

Given the agreement for a jointly funded replacement bridge, Council developed a Section 94 (developer) Contributions Plan.  It has a current balance of $95,000.

 

Council’s expectation in relation to the agreement reached in 2001 was that the Rail Infrastructure Corporation and/or Australian Rail Track Corporation would provide a 60% contribution to the work which is now estimated to cost $1m.  This was based on the fact that Council would be seeking to provide a higher service standard in terms of width and approaches to the bridge than currently exists.

 

Whilst the replacement of the bridge has been an issue since 2001, with the lodgement of a development application for the Abigroup pre-cast concrete yard it has become more urgent.  The Abigroup factory will involve the regular movement of concrete beams and pylons which together with the prime mover and trailer weigh more than the 62.5 tonne limit for B-Doubles provided under the T44 load limit.  Such loads can only be shifted across the bridge with a special permit which may or may not be granted.

 

Following the initial enquiries by Abigroup in relation to their proposed development, Council’s Director Engineering Services immediately commenced discussions with Transfield Services who have been contracted to provide asset management services for the northern railway line.  There was discussion about refurbishing the Ironbark Road Overbridge in lieu of replacement to enable funds to be directed towards the replacement of the Upper Warrell Creek Road Overbridge.  Transfield Services have now provided a written response to these negotiations which is attached.  The offer which has been made is $88,500 and to remove the old structure provided Council accepts responsibility for the construction of the new overbridge and all future maintenance liability.

 

The offer by Transfield Services is plainly inadequate and at approximately 10% of the cost of a new bridge represents unacceptable cost shifting.  The facts are that it has been known for many years that the bridge needs to be replaced; that the replacement was to be included in the Rail Infrastructure Corporation’s Asset Management Plan for 2008/2009; and that Council and Abigroup are willing to provide 40% of the required funding in cash or works in kind.  Indeed the factory will be producing pre-stressed concrete beams and piles for amongst other things, rail bridge construction on the North Coast.  This new source of supply has to be in the strategic and long term interest of the Rail Infrastructure Corporation in providing a local and price competitive product.

 

Following receipt of the letter, representations have been made to the Transfield Services; the Rail Infrastructure Corporation; the Hon. John Watkins, Minister for Transport; the Hon. Anthony Albanese, MP Minister for Infrastructure, Transport, Regional Development and Local Government; as well as Luke Hartsuyker, MP and Andrew Stoner, MP.

 

The General Manager and Manager Business Development also met with Abigroup management in Sydney on Wednesday 23 January to seek an update on their project planning; to advise them of the letter from Transfield Services; to seek their assistance in lobbying for additional funding; and to ask them to consider a financing arrangement for Council in the event that there is no improvement in the offer from Transfield Services.  If Council has to make a commitment to the construction of the bridge in advance of the factory providing direct employment for 50 people, then a financing arrangement with Abigroup would be desirable so that Council can better manage its risk in terms of the expected economic benefits.

 

At this stage, and subject to DA approval, Abigroup are planning to have their factory open for business in June 2008.  They obviously require a reliable means of moving the concrete beams between the factory and the Pacific Highway.  They are open to alternate routes and investigations are being made into the feasibility of using Upper Warrell Creek Road for heavy loads.

 

Notwithstanding Abigroup has now completed a concept design for the replacement of the Upper Warrell Creek Road Overbridge which has been forwarded to Transfield Services for approval.  Once the concept is approved it would take about 11 weeks to complete the design and specification to a standard which will allow a tender to be issued by Council.  It has been recommended to Abigroup that they not proceed to a full design for the overbridge until the access and funding are finally resolved.

 

There will be continuing representations and negotiations in relation to the financing of the Upper Warrell Creek Road Overbridge, however a decision in relation to the route and financing the bridge replacement will need to be made before the development approval.  Council should not consider issuing a development approval without arrangements being in place to provide access from the site for the planned heavy loads.  At this stage it is anticipated that the development application could be referred to Council for determination in late February or early March.

 

A further issue in relation to any offer of finance by Abigroup to Council is that it will be subject to the Public Private Partnership (PPP) legislation and guidelines.  The Local Government Act defines a PPP as an arrangement:

 

(a) between a council and a private person to provide public infrastructure or facilities (being infrastructure or facilities in respect of which the council has an interest, liability or responsibility under the arrangement), and

 

(b) in which the public infrastructure or facilities are provided in part or in whole through private sector financing, ownership or control.

 

A council must not enter into a public-private partnership unless the council has provided the Director-General with an assessment of the project to be carried out under the partnership.

 

CONSULTATION:

 

There has been discussion with the Mayor, Manager Business Development, representatives from Abigroup, and Director Engineering Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

In relation to the replacement of Upper Warrell Creek Railway Overbridge, there are no significant implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

The replacement of the Upper Warrell Creek Railway Overbridge has been a constraint on the development of the Macksville Industrial Area and continues to be so.

 

Despite Council’s best efforts to negotiate a reasonable outcome in relation to the replacement of the bridge over the past 7 years, the Rail Infrastructure Corporation have deferred action and finally have made an offer which is completely inadequate being only a very small proportion of the cost they would incur should they be forced to replace the bridge without assistance from Council or private development.

 

Ironically the proposed pre-cast concrete manufacturing facility will be used to manufacture pre-stressed concrete products for rail, road and bridge construction.  Without such a manufacturing facility being located on the Mid North Coast, the Rail Infrastructure Corporation will likely be paying additional costs in transporting concrete beams to replace bridges on the North Coast railway line.  Besides the cost shifting issue identified elsewhere even the economics of their inadequate offer seems wrong.

 

Risk

 

There are a number of risks which are discussed in the report.  If a satisfactory route for the transport of the manufactured concrete beams between the industrial area and the Pacific Highway cannot be secured then it is likely that Abigroup will not proceed with the development and instead complete the approved subdivision and sell the site.  If Council proceeds with the construction of the bridge without further funding from the Rail Infrastructure Corporation then besides the affect on Council’s reserves and working funds, there are risks if the employment and economic benefits anticipated by Abigroup are not realised, for whatever reason.

 

FINANCIAL IMPLICATIONS:

 

·     Direct and indirect impact on current and future budgets

 

Given the likely timing of the report on the development application, Council should know the financial implications for consideration in the draft Management Plan for 2008/2009.

 

·     Source of fund and any variance to working funds

 

A source of funds will need to be determined.  The only readily identifiable source is the land development reserve.

 

Attachments:

1View

Further advice regarding replacement Upper Warrell Creek Road Overbridge

 

 

 


Ordinary Council Meeting - 7 February 2008

Upper Warrell Creek Railway Overbridge, Macksville

Attachment 1

Further advice regarding replacement Upper Warrell Creek Road Overbridge

 

 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.5      SF770         070208         Local Water Utility Inquiry - Finalisation of Terms of Reference

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

The State Government is proceeding with an Inquiry to identify the most appropriate institutional and regulatory arrangements for the provision of water supply and sewerage services in rural and regional NSW.  The Minister for Water Utilities, the Hon Nathan Rees MP has now finalised the terms of reference.  There is widespread concern that the Inquiry will possibly result in the corporatisation and amalgamation of Councils’ water and sewerage functions into State owned corporations.  This concern is based in part on the difficulty the State Government has in funding major new capital assets and the increasing reliance on the private sector in the provision of those assets.  Also the Inquiry is not investigating the State owned utilities of Sydney Water and Hunter Water being restricted to the, “State’s 107 local water utilities”.

 

 

Recommendation:

 

That the information concerning the, “Inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for Non-Metropolitan NSW” be received.

 

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

Council made a submission in relation to this inquiry which is attached.  A response has now been received from the Hon. Nathan Rees finalising the terms of reference and providing some details in relation to the conduct of the inquiry.  The Minister’s letter is attached.

 

There has been some adjustment to the terms of reference to reflect concerns raised by Councils’ and the Local Government and Shires Associations’.  However the essence of the Inquiry is unchanged.  The Inquiry is to identify the most appropriate institutional and regulatory arrangements for the water supply and sewerage industry in NSW in order to ensure that services are efficient, reliable, affordable and safe.

 

As previously reported the Inquiry is to focus on the provision of urban water supply and sewerage in rural and regional NSW.  Sydney Water, Hunter Water, Gosford City Council water supply authority and Wyong Shire Council water supply authority are excluded from the Inquiry.

 

The Mayor and General Manager will be attending a meeting with the Minister and senior Department staff in Taree on 31 January 2008.  The purpose of the meeting is to provide an opportunity for councils to engage with the Minister and Deputy Director General of the Dept of Water and Energy about the Inquity which is now described as:

 

“Inquiry into secure and sustainable urban water supply and sewerage services for non-metropolitan NSW”

 

The Minister will provide an overview of the Inquiry process and talk directly with participants about the challenges facing their utilities and the terms of reference for the Inquiry.

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.  It is known that there is widespread concern across Councils in rural and regional NSW in relation to the possible corporatisation and amalgamation of Councils’ water and sewerage functions as State Government owned corporations.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Pending the outcome of the Inquiry there are no implications for the environment.

 

Social

 

Pending the outcome of the Inquiry, there are no social implications.

 

Economic

 

Pending the outcome of the Inquiry, there are no economic implications.

 

Risk

 

The Inquiry presents major risks to this Council and all rural and regional Councils.

 

FINANCIAL IMPLICATIONS:

 

·     Direct and indirect impact on current and future budgets

 

The Inquiry will have no direct impact on current budgets.  As discussed, depending upon the outcome of the Inquiry it may have major implications for the medium and long term.

 

·     Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

Review of Water Supply and Sewerage Services

 

2View

Update on local water utility inquiry for country NSW - Revised terms of reference and invitation to meeting

 

 

 


Ordinary Council Meeting - 7 February 2008

Local Water Utility Inquiry - Finalisation of Terms of Reference

Attachment 1

Review of Water Supply and Sewerage Services

 

Enquiries to: Michael Coulter

Phone No:     6568 0200

Email:            michael.coulter@nambucca.nsw.gov.au

Mobile:          0409 153 788

Our Ref:        SF770

 

 

 

7 November 2007

 

 

 

The Hon Nathan Rees MP

NSW Minister for Water Utilities

Parliament House

Macquarie Street

SYDNEY   NSW   2000

 

 

Dear Minister

 

REVIEW OF WATER SUPPLY AND SEWERAGE SERVICES

 

Reference is made to your letter of 12 October 2007 advising Council of a review to identify the most appropriate structural and regulatory arrangements for the provision of water supply and sewerage services in regional New South Wales.

 

Your letter attaches draft Terms of Reference for the review and invites comments on those draft Terms of Reference and any matters Council would like to have considered during the review.

 

Please find enclosed a report which was considered by Council at its meeting on 1 November 2007 together with the resolution which is as per the recommendation. 

 

Council believes that the draft Terms of Reference for the proposed review of water supply and sewerage services need to be amended so as to satisfy the following concerns:

 

§   The draft terms of reference are too narrowly focussed on institutional and regulatory arrangements for urban users rather than considering the institutional and regulatory arrangements for all water users.

 

§   There is no reference to the management of water as a natural and catchment based resource.  The review should also promote ecological, social and economic sustainability in a broader context.

 

§   The large metropolitan based water utilities should be included in the review so as to ensure a comprehensive and equitable assessment of the performance of all NSW water utilities.


2

 

THE HON NATHAN REES MP

7 NOVEMBER 2007

 

 

 

§   The review should consider the characteristics of the local water utilities which are performing well and achieving current best practice.

 

§   The review should include community representation by Local Government Councillors.

 

§   The review should recognise regional differences and that one size does not fit all.

 

§   The review should consider the role of local ownership and management of water and sewerage assets to ensure the delivery of desired land use planning outcomes.

 

§   Finally, if the review is to seriously consider options whereby existing multi-purpose councils would lose functional responsibility for water and sewerage services, then consideration needs to be given to what impact this would have on the sustainability of the residual Councils and their respective communities.

 

Council is pleased with your advice that you have no preconceived notion on the outcome of the review given its importance to the future of Local Government in rural and regional New South Wales.  Council would be pleased to assist in the review in any way it can.

 

Yours faithfully

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

enc

 

cc      Local Government and Shires Associations

 

 

 


Ordinary Council Meeting - 7 February 2008

Local Water Utility Inquiry - Finalisation of Terms of Reference

Attachment 2

Update on local water utility inquiry for country NSW - Revised terms of reference and invitation to meeting

 



 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.6      SF544         070208         Proposed Amendments to EP&A Section 94 Contributions

 

AUTHOR/ENQUIRIES:     Bruce Potts, Section 94 Co-ordinator          

 

Summary:

 

This Report provides information on proposed legislative amendments to section 94 of the Environmental Planning and Assessment Act (the Act) and the effect such amendments might have on a councils authority to demand monetary contributions for community facilities and infrastructure. The Report further details the recent Ministerial Direction on s94 Contribution Plans affecting councils within identified Growth Centres in the Sydney metropolitan area and the implication of any legislative amendments for regional and rural councils.

 

 

Recommendation:

 

That this Report be received and noted.

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

BACKGROUND

 

On 12th October 2007 the New South Wales Premier issued a statement foreshadowing significant changes to the planning system with a particular emphasis on reforms aimed at reducing contributions payable by developers through the Part 3A State Infrastructure Levy and local infrastructure contributions payable to councils under section 94 and section 94A.

 

This was a response to the debate on the affordability of new housing that emerged as a major issue during 2007 and the role that both local and State infrastructure contributions might play in the rising costs associated with providing new residential estates, particularly on the fringes of the Sydney metropolitan area.

 

As the Local Government and Shires Association would point out over the following weeks, developer contributions offer the financial resources for a Council to provide the necessary local infrastructure and facilities required through increases in population due to new residential and commercial growth.

 

REPORT.

 

1.   Planning Circular PS07-018

 

On 6th November 2007 the Department of Planning issued Planning Circular PS07-018 informing local councils and relevant State agencies on changes to the setting and collection of local and state infrastructure developer contributions. The circular was issued in response to the Premier’s earlier announcement of October 12th on the comprehensive overhaul of the developer contribution system in New South Wales.

 

The Planning Circular deals with two specific issues concerning the payment of development contributions.

 


The first describes initiatives being put in place by the State government aimed at reducing the contributions payable by developers under Part 3A of the Act for the provision of State infrastructure and facilities including schools, hospitals and arterial transport infrastructure. At this stage this does not concern councils outside of the designated Growth Centres.

 

The second issue concerns the ways and means by which future local contributions could be authorised under s.94 and for what purpose those contributions could be used. This Report concentrates on the aspects of the Circular affecting s.94 local contributions and the likely ramifications on regional councils.

 

The key changes likely to affect Council as outlined in the Circular are:

 

I.          The requirement that all section 94 plans be approved by the Minister or delegate of the Minister

 

Under the current Legislation, councils are not required to submit developer contribution plans to the department for approval prior to them becoming either adopted by Council or effective.

 

Discussion

 

§ A requirement that all contribution plans under s.94 can only be authorised subject to the Minister’s approval is likely to create an administrative jam at a departmental level, given that NSW has 152 metropolitan and regional councils. No details have been provided on the means or resources to be made available to achieve this requirement.

 

§ Changes to the EP&A Legislation will be required.

 

II.          Restrictions on local infrastructure and facilities to be funded under s.94 and s.94A contributions

 

The Circular described restrictions that would be placed on the type of infrastructure and public facilities a Council could authorise to be funded through a s.94 or s.94A contribution plan. Under proposed Ministerial Guidelines s.94 and s.94A contributions are to be used for:

 

§ local roads

§ local bus infrastructure

§ local parks that service a development site or precinct

§ drainage and water management expenses

§ land and facilities for local community infrastructure that services a development site or precinct

§ land for other community infrastructure and community facilities.

 

Facilities or infrastructure that would benefit existing communities would no longer be recoverable through local developer contributions. This will include but not be limited to council wide facilities such as playing fields, swimming pools, community centres, centralised arts, recreation and cultural facilities.

 

Discussion

 

§ This is arguably the harshest aspect of the proposed changes in that it has the potential to severely limit the provision of new or extended public facilities and services within established residential areas, where infrastructure either requires upgrading to service demand of new population growth, or needs to be provided outright.

 

§ The Circular only provides the broadest of outlines and lacks sufficient detail for Council to gauge the likely overall effect. However it is clear that the intent of the changes is to place the burden of providing facilities and infrastructure that falls outside the definition of a development site or precinct, back on Council and the existing community.


 

§ This will have significant impact on established areas where infill developments occur, more often than not, in a piecemeal manner and not necessarily subject to clear development timeframes. This in turn may effectively place a limit on a Council’s capacity to upgrade older facilities to meet incoming population demand due to increased infill development within established residential areas.

 

III.         Section 94 and 94A contributions to be held in Trust

 

Under changes outlined in the Circular, s.94 contributions from developments within the identified Growth Centres will be held separately in Trust by NSW Treasury on the Councils behalf. These funds will only be made available on the basis of an approved s94 or 94A plan, and will be subject to a timeframe for expenditure.

 

The NSW government may consider the collection and holding of contributions on greenfield developments outside the Growth Centres on a case by case basis.

 

Discussion

 

§ This change would allow the State government at its discretion to override a council and undertake control of the collection and accounting of local contributions on greenfield sites.

 

§ The Circular lacks detail and it is unclear as to what the circumstances or measurement criteria would be for the State to intervene.  However, the Circular does state that this is likely to occur for other large scale greenfield release areas.

 

§ At the present time councils may earn interest on developer contributions they hold. It is not made clear if contributions held in Trust by the State would have interest earned returned to Council.

 

 

2.   Ministerial Direction – Local Contributions within Growth Centres

 

On 1st January 2008 a Ministerial Direction was issued to the six (6) local councils within the Sydney metropolitan area affected by the North West and South West Growth Centres. The metropolitan Growth Centres are planned to provide up to 40% of Sydney’s future housing needs, the equivalent of 181,000 new residential lots. The Growth Centres have been subject to a State Infrastructure Levy authorised under Part 3A of the Act in addition to local contributions under s.94.

 

The Ministerial Direction reinforces the changes outlined in Planning Circular PS07-018, and while the Direction only affects contributions resulting from developments within Growth Centres, it is being generally understood as being the preferred direction for the contribution system under s.94.

 

While the Ministerial Direction provides further guidance for affected councils on the question of local contributions, it remains an ambiguous document which leaves many questions from the earlier advice unanswered, particularly concerning established area contributions and the questions of apportionment.

 

CONCLUSION

 

It is anticipated that a Ministerial Direction to all councils on local s.94 contributions will be forthcoming some time in 2008. It is expected that current Practice Notes and Guidelines on section 94 will be amended to reflect any changes and issued concurrently with any Direction.

 

The financial impact on councils that any changes to the Legislation or operating guidelines may have is difficult to predict given the lack of detail and ambiguity of the documents provided thus far.

 

 


CONSULTATION:

 

No consultation was undertaken by the Department of Planning with Local Government prior to the release of the planning circular.

 

 

SUSTAINABILITY ASSESSMENT:

 

Developer contributions provide Council with a valuable means of providing public facilities and infrastructure required due to population increases. Any changes to the current system could adversely affect Council’s capacity to provide such facilities in a sustainable manner.

 

 

FINANCIAL IMPLICATIONS:

 

The extent of the financial impact cannot accurately be determined at the present time due to lack of sufficient detail in the Circular.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

7 February 2008

General Manager's Report

ITEM 7.7      SF770         070208         Public Private Partnerships - Development of Council Infrastructure Assets

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant          

 

Summary:

 

In a letter from the Legislative Assembly Standing Committee on Public Works dated 14 January 2008 Council is asked for either a formal or informal response to their Discussion Paper  Local Government Private Partnerships for Asset Development by 29 February 2008. 

 

A copy of the Discussion Paper is available from the Executive Assistant.

 

 

 

Recommendation:

 

1        That Council respond to the Legislative Assembly Standing Committee on Public Works advising that any request to enter into a PPP is considered individually, however, at this stage it is too resource costly for Council to enter into the occasional request for PPPs.

 

2        That Council consider which, if any, infrastructure assets are most suitable for PPPs.

 

 

 

OPTIONS:

 

Council can respond to the Discussion Paper or not respond to the Discussion Paper.

 

 

DISCUSSION:

 

The aim of the inquiry is : to examine whether local councils may be able to improve returns on some of their infrastructure assets by development through partnerships with the private sector (PPPs);  what are the impediments to councils of taking this approach and which are the most appropriate partnership models for councils to follow.

 

The Committee seeks views in relation to the issues raised as well as any other information on Council's experience with private sector partnerships.

 

Because there is still a low amount of PPPs being submitted to the Project Review Committee for assessment, the Committee feels that it would be valuable to explore the reasons for the low PPP take up rate by local councils and how some of the existing impediments can be overcome.

 

I refer to a report  to 15 December 2005 Works Inspection and provide same as follows:

 

S26                         151205      (0  )      ITEM 3 – PROPOSAL FOR PUBLIC-PRIVATE

                               PARTNERSHIP

 

I refer to the decision of Council at the meeting on 21 July 2005 and memo of 29 August 2005 regarding the potential development of a green field industrial estate near Nambucca Heads.

 

The Local Government Amendment Act 2005 came into force in September and includes guidelines and regulations that must be complied with before any agreement is entered into between a Council and a private person.

 

The Department considers the guidelines are not onerous or require work in addition to that normally expected of a prudent organisation entering into a complex partnership arrangement and follow well established practices for PPP’s at the State level. 


 

There are no allowances for entering into what a Council considers to be a simple partnership that does not involve community assets and has a finite life and I trust these well established practices are not the ones used in the PPP for the Kings Cross tunnel in Sydney.

 

Regarding the proposed industrial estate, the first stage will be the rezoning of the land. If the rezoning in not approved the PPP would not proceed.  It will be a considerable waste of time and money if the PPP is developed and approved and fails to clear the first hurdle.

 

The Department has indicated that to seek to have the land rezoned before getting approval for the PPP will contravene the Act.

 

Attached as appendix 9 is a checklist of information to be provided.  The majority of the initial assessment requirements are reasonably straight forward, however attached as appendix 6 and 7 are details to be provided for the bottom two requirements in the initial assessment.  The pre EOI and pre contract signing requirements list the further processes to be followed.

 

I am unable to estimate the time and cost to comply with the guidelines to get approval.  I am sure the private partner would not be interested in meeting a share of these costs, and the costs to rezone the property, without a guarantee that the project and the rezoning would be approved.  Additionally, the private partner may not be willing to forego potential opportunities during the considerable time needed to formalise the partnership.

 

I consider the compliance requirements have a significant impact on the viability of the proposal and a more feasible option is to try and identify another property for Council to purchase and develop.

 

Note:  Cr Moran declared a pecuniary interest in this matter due to business reasons and left the Chambers during discussion and the voting thereon the time being 9.15 am.

 

Note:  Cr Nash declared a conflict of interest pointing out that she had voted against an earlier resolution of Council to proceed with a Public Private Partnership in this matter because she does not believe that Council should be involved in a PPP.  Cr Nash left the meeting upon making this statement the time being 9.15 am.

 

RECOMMENDATION:  On the motion of Cr Duffus seconded Cr Flack that Council take no further action in regard to this proposed Public Private Partnership.

 

It appears from this report that entering into any PPP would be too resource costly for Council at this stage.

 

 

CONSULTATION:

 

There has been no further consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This report has no impact on the environment.

 

Social

There are no social implications as a result of this report item.

 

Economic

There are not economic implications as a result of this report item.


 

Risk

There is no risk to Council as a result of this report item.

 

 

FINANCIAL IMPLICATIONS:

 

·     Direct and indirect impact on current and future budgets

Council has had very few requests since 2005 to enter into PPPs.  The requests are ad hoc and therefore extremely difficult to include in any budget forecasting.  Council is impeded both by financial and human resources for entering into PPPs.

 

·     Source of fund and any variance to working funds

Not applicable at this time.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

7 February 2008

Director Environment & Planning's Report

ITEM 8.1      DA2008/068 070208         Report on Skate Park Development Application Coronation Park, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Kathy Beech, Town Planner          

 

SUMmary:

 

Applicant/Owner:          Nambucca Shire Council

 

Proposal:                       Construction of a Skate Park and relocation of existing cricket nets

 

Property:                       Lot 2 DP 864792, Short Street, Nambucca Heads

 

Zoning:                          6(a) Public Recreation

 

Submissions:                 Because of the large number of submissions received, these are available from Council’s Corporate Services Department Executive Assistant (Monika Schumacher) for Councillors’ perusal

 

Council has previously made a commitment to provide a skate park facility in Nambucca Heads. Attempts to find a suitable location has a long history, details of which are provided in the background section of this report.

 

In August 2007, Coronation Park was identified as the preferred location for a skate park. The proposed skate park is to be of concrete construction and located on the northern fringe of Oval No 2. It is proposed to be located approximately 50 metres from the nearest residence.

 

A considerable number of submissions have been received objecting to the proposed skate park facility. However, the location of a skate park at Coronation Park has the support of the Nambucca Valley Skaters and the Coronation Park Committee of Management. The construction of a skate park is also identified as one of a number of future improvements in the Coronation Park Plan of Management (POM).

 

The development application proposing a skate park at Coronation Park is now submitted for Council’s determination.

 

 

 

Recommendation:

 

1          That development consent for development application DA 2008/068 be granted subject to the conditions of consent attached to this report.

 

2          That those persons making submissions in respect of the proposal be advised of Council's decision.

 

 

 

 

OPTIONS

 

Council may decide to refuse the development application or amend the development consent conditions. If Council decides to refuse the application, then appropriate reasons must be provided in its determination.

 

 


BACKGROUND

 

As part of Council’s commitment to the provision of youth facilities, the provision of a skate park in Nambucca Heads is a priority for Council and is listed as an identified community need in Council’s Social and Community Plan 2004.

 

The search for a suitable location for a skate park in Nambucca Heads has a long history. The original site proposed by Council in 1998 was located off Reedy Street. This site was opposed by many organisations, including church groups, youth groups and residents. At the time, preference was given to Bellwood Park Reserve as an alternative location for a skate park.

 

In 1999 Council used a rating system to assess ten sites throughout Nambucca Heads for their potential to be used for the skate park. In this assessment the original Reedy Street site rated the highest. Strong objections once again arose to the Reedy Street site. Council therefore considered the more popular option of Bellwood Park as a possible location for the skate park.

 

Development Application 2005/077 for a skate park at Bellwood Park Reserve was lodged with Council on 26 August 2004. This application was refused by Council on 17 March 2005 as insufficient information was provided to address concerns relating to riverbank erosion and Aboriginal cultural heritage values. A new development application addressing these concerns, was lodged with Council on 5 January 2006 (DA 2006/102). At Council’s meeting on 21 December 2006 it was resolved that Council not proceed with a skate park at the Bellwood site due to Aboriginal heritage issues. DA 2006/102 was subsequently withdrawn in January 2007.

 

The General Manager, Director of Engineering Services, and Director of Environment and Planning subsequently met with representatives of the Nambucca Valley Skaters Group on 22 February 2007. The skaters expressed concern during this meeting that proceeding with another development application may again result in a further extended period of consultation and ultimately, a decision not to proceed. Given these concerns, it was resolved at the Council meeting on 19 April 2007, that the preferred approach would be to consider concurrent applications for a number of possible skate park sites. Four sites were nominated as the most preferable: E J Biffen, Coronation Park, Gordon Park and McMorrine Park.

 

The principal of Nambucca Heads High School formally objected to the inclusion of E J Biffen Fields as a site for the skate park, and that the skaters deemed the site too remote, lacking in services, and with limited opportunities for passive surveillance. It was therefore recommended that E J Biffen Fields be deleted as a potential site.

 

It was proposed at the Council meeting on the 15 March 2007, that concurrent development applications be lodged for a skate park at Coronation Park, Gordon Park and McMorrine Park with the expectation that no more than one development application will be approved. At the time of determining the applications Council would withdraw its owner’s consent from all but the preferred site.

 

At a subsequent meeting held on 15 August 2007, between Council’s General Manager, Director of Engineering Services, Director of Environment and Planning, and representatives of the Nambucca Valley Skaters Group, it was determined that Coronation Park was the preferred location. The Coronation Park Trust Committee of Management agreed that the north-east corner of Coronation Park was an acceptable location for a skate park.

 

Consequently, the site selection was narrowed down to a single location, and on 17 September 2007 development application 2008/068, proposing a skate park at Coronation Park, was submitted for Council’s consideration.

 

 


PROPOSAL

 

The Site

 

The proposed skate park is to be located at the northern end of the existing sporting fields at Coronation Park, Nambucca Heads (adjacent to Meadow Crescent). The skate park will run parallel to Meadow Crescent and will be separated from residences by approximately 50 metres. The location of the skate park will require the relocation of the existing cricket practice nets closer to Meadow Crescent.

 

Coronation Park is principally a sports field with provisions for rugby league, soccer and cricket. The Park comprises two main oval areas, known as Oval No 1 and Oval No 2. The proposed skate park will be located on the northern fringe of Oval No 2.

 

Nambucca Shire Council is charged with the care, control and management of the Coronation Park reserve pursuant to the Local Government Act 1993. The Park is managed by Council under a POM. A recent review of the POM has been undertaken by Council’s Department of Engineering Services and will be considered separately at Council’s meeting of 7 February 2008.

 

 

The Development

 

The proposal involves the construction of a 20m x 40m concrete skate park. Construction will comprise a series of concrete ramps, banks, platforms, walls and side rails for use by local skate boarders. Construction of the facility will occur in two stages: Stage 1 will comprise an area of 15m x 22m. Stage 2 will comprise the remaining area.

 

Construction of Stage 1 or Stage 2 will not commence until an application for a construction certificate has been lodged with the Principal Certifying Authority and a Construction Certificate issued.

 

 

CONSULTATION

 

Internal Referrals

 

Department of Engineering Services

 

No objections are raised to the proposal subject to the imposition of a number of conditions.

 

Health and Building

 

No objections are raised to the proposal subject to the imposition of a number of conditions prior to the issue of a Construction Certificate.

 

Local Aboriginal Land Council

 

Nambucca Local Aboriginal Land Council was notified of the development on 10 October 2007. No response was received.

 

Community Consultation

 

Community consultation was undertaking by way of notification and advertising. Council notified a total of 62 adjoining and nearby residents for a period of 28 days. Submissions were accepted up to and including 9 November 2007. One newspaper advertisement was placed in the Guardian News on Thursday 12 October 2007. The proposal was available for viewing at Council Administration Centre during the notification period.

 

Council has received 462 submissions in relation to the proposal: 326 in support of the proposed development, 136 objections, and one letter of support received after the closing date for submissions. Given the large number of objections, the proposal has been submitted to Council for determination. A summary of the submissions is provided in item (d) under “Matters for Consideration”.

 

Consultation was also undertaken with representatives of the Nambucca Valley Skaters and the Coronation Park Trust Committee of Management. The Trust indicated their support for the proposed location of the proposed facility.

 

 

MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT

 

a(i) The Provisions of any Environmental Planning Instruments

 

Nambucca Local Environmental Plan 1995

 

The subject land is zoned 6(a) Public Recreation pursuant to the provisions of Nambucca Local Environmental Plan 1995 (NLEP). Skate parks comprise a facility for active outdoor recreation and fall under the definition of ‘recreation area’ as defined by the NLEP. Recreation areas are permissible, with Council consent, in the 6(a) zone.

 

The zone objectives are:

 

a          To identity proposed or existing publicly owned land that is used or is capable of being used for the purpose of active or passive recreation.

b          To encourage the development of public recreation in a manner which maximises the satisfaction of the community’s diverse recreational needs.

c          To enable development associated with, ancillary to, or supportive of, public recreation uses.

d          To encourage the development of open space as a major urban landscape element.

 

The proposed skate park satisfies the objectives of the zone.

 

North Coast Regional Environmental Plan

 

The proposal complies with the objectives and controls as set out in the Regional Environmental Plan.

 

State Environmental Planning Policies

 

No state environmental planning policies apply to the land or the development.

 

a(ii) The Provisions of any Draft Environmental Planning Instrument

 

Draft LEP Amendment No 42 proposes to rezone part of Coronation Park Reserve from 6(a) Public Recreation to 2(a) Residential (Low-Medium), and to reclassify the land from Community to Operational. This amendment however, only applies to a small section of land located in the south western corner of the reserve. The proposed development site is not affected by draft LEP Amendment No 42.

 

a(iii) Any Development Control Plan

 

DCP 1 - Off Street Parking

 

A central car parking area is located between Oval No 1 and Oval No 2 which will provide adequate off-street parking. Given that the proposed skate park is most likely to be used by children it is anticipated that vehicle movements will be predominantly characterised by drop-off and pick-up activity. Should the skate park be used to host skating festivals or competitions, this car park will provide the bulk of off-street parking. This is the current arrangement when other sporting events are held at the Park. The proposal is deemed to comply with the guidelines set out in the Off Street Parking DCP.

 


DCP 12 - Advertising and Development

 

The development was advertised and notified for a period of 28 days from 12 October 2007 to 9 November 2007, in accordance with DCP 12. The proposal was available for viewing at Council’s Administration Centre for this period and submissions were accepted up to and including 9 November 2007.

 

a(iv) Any Matters Prescribed by the Regulations

 

NSW Coastal Policy 1997

 

The proposal complies with the principles of the NSW Coastal Policy. It is considered that the nature and location of the skate park will not adversely impact on foreshore or estuary amenity, or interfere with coastal ecological processes.

 

b          The Likely Impacts of the Development

 

Submissions have been received that indicate that the proposal has the potential to impact upon the residential amenity in terms of noise, perceived anti-social behaviour and the fluctuating hours of use. Although, there will be no standard start or finish time that restrict skating activity, this also applies to any other use of the park, such as informal football games. However, it is anticipated that skating activity will only occur during daylight hours, predominantly after school, on weekends and during school holidays.

 

The potential impact of noise or anti-social behaviour from the skating youth is untested, and at this stage anecdotal and based on preconceptions. The Nambucca Valley Skaters propose to implement a Code of Conduct for the skate park to foster co-operative behaviour amongst park users.

 

A number of noise attenuation methods can be incorporated into the design of the facility to minimise noise from skating activity. The provision of such measures will be considered as part of the design of the facility, and submitted for approval with the construction certificate application.

 

c          The Suitability of the Site for the Development

 

Coronation Park is the major sporting facility in Nambucca Heads. It is centrally located and hosts senior and junior rugby league, senior and junior soccer, and junior cricket. The ground is also used for school sports, and group and inter-district sporting events.

 

In 2006, Coronation Park was rated against a number of criteria such as ease of access, availability of toilets, proximity to food shops, traffic safety etc and was chosen by the Nambucca Valley Skaters as their preferred site for the location of a skate park.

 

The site is considered to be an appropriate location for a skate park.

 

Services

 

Existing services such as toilet facilities and parking are available when formal competition events are held.

 

Constraints

 

The site is not subject to any constraints that would render it unsuitable for the development.

 

d          Any Submissions Made in Accordance with the Act or the Regulations

 

The application was exhibited in accordance with Council’s requirements for a period of 28 days ending on 9 November 2007. A notification was also placed in the Guardian Newspaper. Council received a total of 326 written submissions in support (including 324 proforma responses); 12 written objections, including one petition of 112 names and one petition of 12 names (total of 136 objections) - note some names appeared on both petitions, and some names appeared on both the petitions and separate objection letters.

 

A letter of support from the Federal Nationals Member, Mr Luke Hartsuyker, was received after the closing date for submissions. A summary of submissions and Council’s response to the concerns raised is provided below.

 

The submissions in support of the proposal provided the following reasons:

 

·             Safe site

·             Visible to adults

·             Away from main roads

·             Centrally located

·             Good transport links

·             Good parking area

·             Provides youth with a safer place to skate than on the streets

·             Place to train and improve skate board and athletic skills

·             Will provide a venue for skate board competitions, and to showcase local talent

·             Close to toilet facilities, water and shade area

·             Strongly supported by the Coronation Park Trust

·             Supported by members of local community - over 150 locals signed the YAPA Skate Fest survey indicating Coronation Park as their preferred site

·             A skate park in Nambucca Heads is well overdue

 

The issues raised in the objections are summarised and addressed below:

 

·              Noise generation and disturbance to adjoining residences

 

The land is categorised Community Land, sub category Sportsground. The reserve has been in existence as a public recreation area since at least 1977. As a sporting field the park already generates noise from a number of sporting activities. Whilst ambient noise levels within Meadow Crescent and Newry Street are generally relatively low, periodic noise disturbance would currently arise from the use of the open space for outdoor sport and recreation. It is considered that there would be an existing expectation from the surrounding residential properties that some noise would generally emanate from the open space in relation to such recreational use.

 

Noise levels will vary depending upon the number of skaters, the maneuvers being performed and the presence of spectators. Noise from skate parks is typically intermittent and not sustained over long periods of time. It is therefore difficult to predict the nature or average and peak noise levels produced from skate parks.

 

Appropriate measures can be implemented to minimise noise generation, specifically resonance and reverberation. This will be included as a condition of consent to be addressed in the design and construction stage of the facility.

 

·              Relocation of cricket nets will cause inconvenience to cricketers and other sporting codes

 

            At a meeting conducted 15 August 2007, it was determined that the proposed location of the skate park and the relocation of the existing cricket nets nearer to Meadow Crescent was acceptable to the Coronation Park Trust Committee of Management (see DES Late Report Agenda submitted 16 August 2007:2).

 

The Coronation Park Trust Committee of Management, which includes representatives of the Cricket Association, support the location of the skate park and the relocation of the cricket nets.

 

·              Concerns regarding increase in crime and anti-social behaviour

 

Negative stereotypes and community perceptions of skate boarders as anti-social troublemakers prevail in many communities. No statistics have been provided to Council that support this view. Skate boarders, like other sports users at Coronation Park, have a representative body and will be required to adhere to a Code of Conduct. As the skaters have had input into the location and design of the facility it is expected that they will have a sense of ownership and stewardship over the site and will maintain it in a socially co-operative manner.

 

The recent criminal activity that has occurred around the reserve has not been linked to skater activity or sportsground users. This activity is a matter separate to this development application and a matter for general policing.

 

The Nambucca Valley Skaters (NVS) have discussed the adoption of a Code of Conduct for the skate park. Codes of Conduct are in use in a number of Council skate parks and have been developed in an attempt to minimise nuisance and risk for skate park users, other users of the reserve and local residences. The Codes cover such things as safety awareness, use of personal protection gear, co-operation, littering,       vandalism, unreasonable behaviour, language, drugs, alcohol, space sharing, use of inappropriate vehicles/equipment etc. The NVS have resolved to adopt a Code of Conduct for the proposed skate park.

 

·              Impact on property valuations

 

            The concern of neighbouring residents is that house values will decrease if a skate park is located in Coronation Park. No evidence has been provided to support the claim that the proposed development will lower property values. It would be unlikely that the addition of another sporting activity to an existing sportsground will significantly affect property values. It is considered that there would be an existing expectation from potential buyers and the property market that, given the residences proximity to a public open space, then recreational use and associated noise will occur on the sportsground.

 

·              Proximity of the proposed skate park to residences.

 

            The proposed facility is at a distance of approximately 50 metres from the nearest residence. Vegetation and landscaping will be utilised to minimise the visual impact.

 

            No additional night lighting will be provided for the proposed facility. It is therefore anticipated that skaters will only use the facility during daylight hours, predominantly on weekends, after school, and during school holidays.

 

·              Lack of public surveillance and supervision

 

            The concern is that the site is too secluded which may lead to anti-social behaviour. The proposed facility is highly visible given its position within a cleared open sports field. Opportunities do exist for informal surveillance from those passing by on foot to the headland, from passing traffic (buses and cars), and by other public space users as well as from residents in nearby homes.

 

·              Inadequate parking

 

            A car park is centrally located between Oval No 1 and Oval No 2. This car park will eventually be upgraded to bitumen as part of the Coronation Park Plan of Management.

 

            Having regard to the age groups which would most predominately use the facility, the proposal is not considered to give rise to any significant additional off-street parking requirements. The predominant vehicle movements will be characterised by drop off and pick up movements.

 

            When skate competitions are held then a larger number of competitors, spectators and facilitators would be expected to attend. This will result in an occasional increase in vehicle movements and parking. Such increases will be accommodated by the existing car park as currently occurs for other sporting events. It is not expected that skate competitions will be conducted when other major sporting events are in progress. The Coronation Park Committee of Management will be responsible for co-ordinating the timing of such events.

 

·              Availability of toilet facilities

 

            The concern is that the toilets are open only when soccer, cricket or rugby matches are underway. This is also the case for other informal active recreational users of the park. However, the toilet facilities will be open when skating competitions are conducted, similar to any other sporting events.

 

·              Proximity of skate park to licensed premises (Leagues Club).

 

            The proximity of the premise will not in and of itself be an inducement to underage drinking. It is the responsibility of the licensed premise to comply with the terms of their liquor licence to ensure alcohol is not served to minors.

 

·              No c