NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 03 July 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 19 June 2008

5        Notices of Motion

5.1     Notice of Motion - Withdrawal of Mobile Breast Screening Services to Nambucca Valley

5.2     Notice of Motion - Rodeo Drive Works

5.3     Notice of Motion - Nambucca Heads Skate Park - Funding  

 

6        DELEGATIONS—Motion to hear Delegations

 

7        ASKING OF QUESTIONS WITH NOTICE

 

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

9        General Manager Report

9.1     Outstanding Actions and Reports

9.2     Grant Application Status Report

9.3     Eungai Preschool - Request for Formal Tenure Agreement

9.4     Rental of Bowraville Theatre

9.5     Response from Minister for Local Government in relation to Reducing the Number of Councillors and Deferring the Council Elections

9.6     Council Decision Making Prior to the Election on 13 September 2008

9.7     North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

9.8     Water Supply Fund - Obtaining a Dividend from Surplus

9.9     Department of Lands - Outstanding Land Swap Agreement to Compensate Council for the relinquishment of Reserve 91694 being the Nambucca Heads Industrial Estate

9.10   NSW Department of Sport and Recreation - Proposed Draft MOU to Strengthen the Relationship between the Department and Council in Delivering Agreed Outcomes.

9.11   Macksville Showgrounds - Temporary Licence

9.12   Transfer of residual land to the owner of 755 Scott Head Road following road realignment of Scotts Head Road

 

10      Director Environment and Planning Report

10.1   Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

10.2   Development Applications Determined Under Delegated Authority from 7 May 2008 to 23 June 2008

10.3   Development and Complying Development Applications Received 26 May 2008 to 20 June 2008 and Applications where submissions have been received

10.4   Progress Report on draft Nambucca Local Environmental Plan 2008 (NLEP 2008)

10.5   Report for Comments on Draft NSW Planning Codes for Single Dwelling and Commercial Development

10.6   Report for Determination of DA 2007/232 - Dual Occupancy - 15 Mcleod Drive, Scotts Head  

11      Director Engineering Services Report

11.1   Nambuccca Shire Traffic Committee - 3 June 2008

11.2   Acquisition of Crown Land adjacent to Ocean Street, Scotts Head for road purposes

11.3   2008 National Local Roads and Transport Congress

11.4   Faringdon Playing Fields

11.5   NSW Rural Fire Service - Alternate Office

11.6   Storm Drainage - 3 June 2008

11.7   Rights of Carriageway off Rhones Creek Road   

 

12      General Manager's Summary of Items to be Discussed in Closed Meeting

12.1   General Manager's Performance Agreement and Action Plan

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

i    Motion To Close The Meeting

ii   Public Verbal Representations Regarding Proposal To Close

iii  Consideration Of Public Representations

iv   Deal With Motion To Close The Meeting

 

13      MEETING CLOSED TO THE PUBLIC

14      REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.

 



Ordinary Council Meeting

3 July 2008

Notice of Motion

ITEM 5.1      SF793              030708         Notice of Motion - Withdrawal of Mobile Breast Screening Services to Nambucca Valley

 

AUTHOR/ENQUIRIES:     John Ainsworth, Councillor         

 

Summary:

 

This is yet another example of reductions to services in our rural community.

 

Many residents do not have the capacity to provide their own transport to attend these free screenings to either Coffs Harbour or Port Macquarie which will be the closest centres for this service.

 

Therefore there will be a decline in people using the mobile breast screening bus and there it may result in an increase in the mortality rate from breast cancer.

 

 

Recommendation:

 

That Council approach the North Coast Area Health Service protesting against the withdrawal of the mobile breast screening service to the Nambucca Valley.

 

 

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

Notice of Motion

ITEM 5.2      SF793              030708         Notice of Motion - Rodeo Drive Works

 

AUTHOR/ENQUIRIES:     Barry Duffus, Councillor         

 

Summary:

 

<Type summary in box>

 

 

Recommendation:

 

1        That all Councillors be provided with a complete copy of the independent engineering consultants report on the testing of Rodeo Drive and their recommendations for remediation.

 

2        That Council receives a report on the works progress of the section of Rodeo Drive that is under repair and that current status of the associated budget.

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

Notice of Motion

ITEM 5.3      SF793              030708         Nambucca Heads Skate Park - Funding

 

AUTHOR/ENQUIRIES:     Paula Flack, Councillor         

 

Summary:

 

Sufficient unallocated funds exist in the draft Community Facilities and Open Space Plan Section 94 Contribution Plan fund ($374,000), to match the existing $88,000 in the current budget for the Nambucca Heads skate park. 

 

Following discussion with the Director of Technical Services and Council’s Section 94 Contributions Plan Officer Mr Bruce Potts, I understand that it is possible for funds from the current Public Reserves and Community Facilities (under which these funds were raised) and also the new draft Community Facilities and Open Space Plan to be allocated for the purpose of construction of a new skate park. 

 

Council is aware that the $88,000 currently allocated will be insufficient to complete the skate park project.  Allocating additional funds for the skate park project will mean that the Valley’s skaters will hopefully see the completion of their long awaited skate park this year.

 

 

 

Recommendation:

 

That the Nambucca Heads skate park be added to the list of projects to be funded in the draft Community Facilities and Open Space Section 94 Contribution Plan, prior to the draft going on exhibition for public comment.

 

 

 

 

 

GENERAL MANAGER’S COMMENTS

 

The advice provided in the summary has been confirmed by Council’s Section 94 Planner, Bruce Potts.  He is satisfied that a legal nexus exists.

 

It is a matter for Council as to how they wish to allocate existing unallocated funds where such nexus exists. 

 

Should the Notice of Motion be successful the works schedule and draft plan would be amended prior to exhibition.

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.1      SF959         030708         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.  Please note that the status comments have been made one week before the Council 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

MARCH 2007

1

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—probable revote due to weather.  Main floodgate repaired.  Will require a dry winter to complete.

AUGUST 2007

2

QWN14

16/08/07

Walter Monro Place—gutter dropped

DES

Design in preparation

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

 

SEPTEMBER 2007

3

SF640

20/09/07

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

DES

Draft under review by staff.  Report to June Works.  Delays in reviewing draft.  Report to July Works

 

4

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.

 

Draft RRS currently on exhibition.

Met with DoP 20/5 to further discuss Rural Residential & Farmland Mapping. Working towards a resolution.

 

DECEMBER 2007

5

SF639

06/12/07

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

MHR

April 2008.  Now deferred until receipt of PBP Review

 

6

SF791

06/12/07

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

GM

Forests NSW has now confirmed agreement to the land swap.  Application for compulsory acquisition now with DLG for Minister and Governor’s approval. GM to follow up delay.  Further letter written to Depart.  Awaiting response.

.

7

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.

8

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 December 2007.  Awaiting ACAC meeting on 17 June 2008.  ACAC minutes to be recorded.

 

JANUARY 2008

9

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. No further contact as at 25/2/08.  Letter sent to RTA requesting their attendance at 2 public meetings.

RTA advised that the preferred route for Warrell Ck and design refinements up to Urunga will shortly be announced.  A meeting will be held after the announcement.

RTA briefed Council on 25 June 2008 on preferred route – Warrell Ck to Urunga

 

10

SF631

17/01/08

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

DEP

Draft brief being prepared for presentation to Estuary Committee.  Stakeholder meetings held on 28 & 29 May.  Draft prepared and to be considered at Committee meeting on 23 July 2008

 

FEBRUARY 2008

11

 

07/02/08

Handrail at traffic lights required

DES

To be done after footpath concreted.

 

12

QWN 51

21/02/08

Riverbank erosion—Ferry St Macksville

DES

Guardrail to be erected late May

Contractor delayed until June

MARCH 2008

13

PRF17

20/3/08

Future of Farringdon Fields – Deferred to look at other options for use including passive recreation, biobanking.

 

DES

Report August  2008

14

SF708

20/3/08

Grants Officer, Ms Jennifer Chance to be invited to meet Councillors at Works Inspection Committee meeting

 

GM

Scheduled for  June Works.

 

15

SF1125

20/3/08

LGSA be engaged to deliver a pre-election seminar for prospective candidates. Course to be held at Macksville

GM

Course to held Tuesday,15 July 2008 6.30pm to 9.30pm.

 

16

SF1125

20/3/08

Councillor Induction Training Program to be finalised once the LGSA have revised their workshop outline.

 

GM

Advice on dates and agenda to be forthcoming. Report to July.

17

5606/2008

20/3/08

Mayor and GM meet with relevant Ministers to resolve outstanding land swap issues so the compulsory acquisition of land owned by Forests NSW may proceed.

 

GM

Now with DLG for Minister’s and Governor’s approval.  GM to follow up delay.  GM has sent follow up letter.

18

6298/2008

20/3/08

Councillors be advised of potential contamination penalties which might be payable to Handybin for the Coffs Coast Waste Service.

 

DES

Report to Council in May 2008.

Discussed at contract meeting.  Domestic collection is satisfactory except for Gumbaynggirr Rd .  Audit to be done of transfer station waste as contamination is high.  No penalties at this time.

 

APRIL 2008

19

SF450

3/4/08

Council seek a breakdown of the administration levy and education provision for the Coffs Coast Waste Service

 

DES

Advice has been sought from Coffs Harbour City Council.  No response at 22 May 2008.  No response as at 10 June 2008.

I advise that the administration charge breakdown remains unchanged from that outlined in Council’s letter of 28 May 2007 which in turn refers to Council’s letter of 6 November 2006.

 

Considering the increase in costs associated with the contract and CPI increases maintaining the fee at the current $4.55 per garbage service per annum the statistics and costings quoted in the breakdown of the three tables included in Coffs Council’s letter of 6 November 2006 have all increased but have been again utilised for the proposed fee in the 2008/09 financial year and have not been reworked to show the increases referred to above.  The breakdown of the details in reaching the $4.55 remains unchanged from those tables and the previous correspondence.

Council resolved to refer back to CH city Council.

 

20

QWN 88

17/04/08

Paveliner – performance figures being achieved

 

DES

Information being compiled – scheduled for July Works

 

21

SF744

17/04/08

Rehabilitation Bonds Mac’scon – that Council again write to the Dept of Water & Energy giving them 30 days to concur with release of 2 bonds

 

DEP

Letter received from DWE and forwarded to Mac’scon.

Met with applicant’s consultant 22/5.  Currently working through DWE issues.

 

22

SF529

17/04/08

Rural Residential Excess Area Report

·     Written confirmation from DoP re formal status in planning system

·     Write to DoP requesting they concur with introduction of RR Land Release quota

·     Council establish specific criteria

·     Amend strategy using plain English how land identified as short and longer term release

·     Advertise the Draft RR Land Release Strategy for 28 days as recommended by the consultants.

·     Write to DoP and request comments on the proposed inclusion of land currently within broken black line

 

DEP

·     Letter sent to DoP 22/4

·     Response received 5/08

·     Exhibition extended to 13/6/08

 

·     First lot of letters sent to RR landowners

 

 

 

·     Second lot of letter to be sent by 14 May

·     Letter received 10 June confirming 40 lot interim quota over whole broken black line.

 

23

SF699

17/4/08

A report be brought forward on assessing the best arrangement for Town Services in subsequent years.

DES

Report December 2008.

MAY 2008

24

QWN 96

01/05/08

Ferry St—guard rails to be installed

DES

Contractor scheduled for July.

 

25

QWN 97

01/05/08

Sewerage from Teagues Ck to Pelican Park—costing for major works

DES

Review previous report.  Report in July.

 

26

QWN 98

01/05/08

Security cameras for Nambucca Heads—costing required again

DES

Report in July.

27

QWN 103

15/05/08

Enviro Saver Program – further investigations

DEP

Currently being investigated.

28

QWN 108

15/05/08

Newee Creek Rd maintenance

DES

Commenced in June and to be finalised in July.

 

29

QWN 109

15/05/08

Road maintenance—Valla Rd near Pades and corner near Willies

DES

Money will be allocated from minor improvements when new budget starts

 

30

QWN 110

15/05/08

Bent St—large bump on road

DES

May need to install wick—August

 

31

QWN 111

15/05/08

Second Hand Shop at Newville—water coming off street into storage shed

DES

Design being costed and proposed to revise stormwater program to be included in 2008/09.  Works have commended. Letter to owner.

 

32

QWN 112

15/05/08

Missabotti Rd—spraying of vegetation

DES

Revisit in Spring for lantana

 

33

QWN 113

15/05/08

Stormwater Drainage—Macksville Industrial Estate – easement required?

DES

Design being prepared for easement

 

34

QWN  116

15/05/08

Max Graham Dr—Section 94 report

MFS

June Works

 

35

QWN 119

15/05/08

Bellwood Rd, Potholes

DES

Listed

 

37

SF285

15/5/08

That GM or Mayor take forward to MDGoC the Community Services Committee views on social inclusion; and that Council forwards a request to MDGoC to invite the Minister for Social Inclusion (Jenny Macklin) to attend one of their meetings to discuss the Federal Government’s social inclusion agenda.

GM

To be listed for next MDGoC meeting.

 

38

SF285

15/5/08

That Council actively promote its website by including the address in all advertisements and provide a link to www.nambuccavalley.blogspot.com with a suitable disclaimer.

GM

Review of promotion of website underway.  Link to be provided.

39

SF35

15/5/08

That as a 6 month trial, Council amend the GM’s delegations so as to provide authority for functions under Part 4 of the EPA Act except where objections have been received and the application is “called in” by any Councillor.

DEP

Review to occur in December 2008.

40

SF820

15/5/08

That Council review the operational hours of the Libraries for a future budget to see if the hours can be extended without increasing operational costs.

 

MCCS

Report in September 2008.

41

SF820

15/5/08

That Council conduct an on-site inspection so as to assess options for the location of a weigh bridge at the Waste Depot.

 

DES

July Works

JUNE 2008

42

QWN 125

05/06/08

Flooding – Seafood shop Nambucca heads

DES

Storm damage—inspected 25 June

 

43

QWN 126

05/06/08

Light outside Aquatic Centre Macksville

DES

Requires new pole and flood lights. To be costed.

 

44

QWN 128

05/06/08

Slippage - Riverside Dr Nambucca Heads

DES

Storm damage—awaiting funding and design

 

45

QWN 129

05/06/08

Flood damage plan

DES

Storm damage—awaiting funding and design

 

46

QWN 130

05/06/08

Work on potholes – Nambucca Heads

DES

Listed for 9 to 13 June Storm damage—awaiting funding and design

 

 

47

QWN 121

05/06/08

Stormwater litter catcher –  near VIC, Bellwood

DES

Listed for cleaning

Storm damage—awaiting funding and design

 

48

QWN 122

05/06/08

Sleepers obstructing footpath near Morrisons, Swimming Creek

DES

Storm damage--Completed

 

49

QWN 123

05/06/08

Bridge near Riverside Gardens, Nambucca Heads needs lifting and widening

 

DES

Storm damage—inspected 25 June

 

50

QWN 124

05/06/08

Flooding – Second Hand shop Nambucca Heads

DES

Budget to be reorganised to include this job

51

QWN 132

05/06/08

Ownership of Streets – Kingspoint Macksville

DES

 

Council’s Surveyor advises that the roads and lanes were created by private subdivision DP 9654 and DP 8624 prior to 1970

52

SF1076

05/06/08

NoM - Council write to the Federal Minister for Communication and ask when broadband services will be available in all rural areas in the Nambucca Shire.

GM

Letter written

53

SF15

05/06/08

NoM – That a report be prepared on the provision of toilets at the Macksville saleyards

MBD

Report in August

54

SF357

05/06/08

NoM – That Council investigate the establishment of a district map on the western wall of the pool complex as public art and apply funds set aside for the tourist office.

GM

Letter written to Arts Mid North Coast enquiring about available grant funding.

55

SF210

05/06/08

NoM - That the previous report on the Macksville Sewerage Treatment Plant Recycled Water for Renewable Resource be brought forward to Council for consideration.

DES

To Works Committee in July.

56

SF711

05/06/08

NoM - Council review its policy relating to the opening of tenders and include a process whereby tenders are copied immediately upon opening and the copy kept securely by the General Manager.

GM

Tender sheets to be immediately scanned into Trim and access to the documents to be restricted.  Tender sheets cannot be altered in Trim.

57

SF793

05/06/08

NoM - Council write to the appropriate department and request a total ban on night netting on all Nambucca Shire Council beaches.

DES

Letter to be written.

58

SF943

05/06/08

Council write to the Hon Eric Roozendahl MLC (Minister for Roads) and ask for a timeframe as to when decisions will be made and compensation paid (re Pacific Highway)

GM

Letter written.

59

SF755

05/06/08

GM or DES consult with Depot staff in relation to carrying out maintenance for the Rural Fire Service fleet.

DES

To be discussed.

60

SF101

19/06/08

That Council develop a policy on smoking in public places including consideration of a ban on smoking in bus shelters.

DES

Report in August 2008

61

SF844

19/06/08

Council send a delegation to the Minister for Water and Energy, the Hon. Nathan Rees to request confirmation of the Department’s subsidy for the Off River Storage Project.

GM

 

62

QWN 133

19/06/08

RTA liability for landslips on Riverside Drive

 

DES

Claim made with RTA

63

QWN 135

19/06/08

Street lighting not working in River Street, Macksville.

DES

Council electrician to repair

64

QWN 136

19/06/08

Gross pollutant traps at Nambucca Heads Bowling Club full of gravel – need to be cleaned out.

DES

Listed

65

QWN 139

19/06/08

Status of $120,000 public art entry statements to Nambucca Heads.

GM

Advice being sought from Nambucca Heads Chamber of Commerce

66

QWN 141

19/06/08

Camphor laurel Trees – blocking Mullet Creek, Nambucca Heads

DES

Retain vegetation acting as silt trap.  Lengthy and expensive exercise should vegetation be removed.

67

QWN 143

19/06/08

Blocked culverts on Rhones Creek Road

DES

Listed.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.2      SF708         030708         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:

 

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

 

2        That council support contribution of up to $5,000 from its Environmental Levy for the River Reach Program (Stage 2).

 

 

 

 

 

 

Grant Program

Action

 

Status

1

FRRR - 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

 

 

 

A program for small rural communities will offer grants of up $50,000 to benefit people in rural and remote Australia.

 

Advised of new closing dates as follows:

                   1 May 2008

                   6 August 2008

                27 October 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.

Nambucca Entertainment Centre lodged application  March 2008 for curtains & blinds.

South Arm Hall lodged an application in March 2008 for water tank.

 

Letter sent to all Section 355 Committees of Mgt 18 March 2008 for new rounds.

 

·     Valla Community Hall (Revitalisation) are submitting an application for 1 May 2008

 

2

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 help 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.

 


 

3

Department of Environment and Climate Change

DEP

Application for additional "Flood Study" to provide more accurate Flood Mapping of the Shire.

 

Lodged 15 February 2008.

 

Closing date 15 February 2008—announcement expected later 2008

 

4

Department of Environment and Climate Change – NSW Climate Change Fund – Public Facilities Program

GM

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.  Unaware of program’s existence until raised at meeting on 7 February.  Applications closed on 13 February.  No applications lodged by Council.

 

5

New Federal Environmental Programme - Still to be announced

GM

DES

DEP

The Area Consultative Committee (ACC) is proposing to take a lead role in putting forward an expression of interest for a major environmental project for Federal funding based on a “Clean Waters Model” implemented for Wallis Lakes.  The ACC is seeking Federal Government support for a $176m program over four years for each of the 8 Mid North Coast Councils plus Port Stephens, Clarence Valley and the Shoalhaven.  There is no matching funding required other than Council’s existing commitment to its environmental levy works program.  A letter of support for the initiative has been provided to the ACC.

 

6

Threatened Species Network Community Grants Round 11

 

TSN Grants Administration [mailto:TSNGrants@wwf.org.au]
To: TSN Grants Administration
Subject: Threatened Species Network Community Grants Round 11 OPEN

 

Trim document 7374/2008 refers to application

DEP

Round 11 of the Threatened Species Network Community Grants Program is now open.

Community groups are invited to apply for up to $50,000 to conduct on-ground conservation work for the ongoing health of our natural environment, specifically targeting the needs of nationally threatened species and ecological communities. Funding is available for activities such as habitat restoration, weeding, feral animal control, population surveys and monitoring, fencing, and fire management. 

Original signed applications must be received in WWF's Sydney office by 5pm Friday 30 May 2008 and project ideas must be discussed with the TSN Coordinator for your region prior to submitting an application.

Grant advertised in local paper.

 

8

Department of Environment & Climate Change Estuary and Coastal Management Programs 2008/09

Funding on a 1:1 basis

Closing date: 28 May 2008

DEP

Several projects identified and supported through the Nambucca River Estuary and Coastline Management Committee

·     Flood study—Deep Creek

·     Implementation of Nambucca River Estuary Management Plan

·     Updated flood study Lower Nambucca

·     Stage 2 Coastal Hazard management Plan

·    

9

NSW Environmental Trust Round 3 – Urban Sustainability Program

Closing date: 20 June 2008

 

Council previously resolved to submit both a joint application with Bellingen and Coffs Harbour Councils and an individual application.  Applications currently being prepared.

10

Community Heritage Grants

Closing date: 30 June 2008 with National Library of Australia

DEP

Information sent to all Museums—13/5/08

11

Northern Rivers CMA – River Reach Program.

Ongoing funding program

DEP

Stage 2 Lower Nambucca River, River Bank stabilization, rubbish and weed eradication. (Nursery Rd/Pacific Hwy north for approx 2 kms)

Funding application proposal from the Nyambaga Green Team. Total application fro Stage 2 $35,000 - $45,000.

Seeking in-kind contribution of $5000 maximum to provide some machinery to collect and remove rubbish, vegetation; prepare traffic management plan for traffic control on Pacific Highway.

Council $5,000 (max) in-kind contribution can be funded through the Environmental Levy.

 


 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.3      SF600              030708         Eungai Preschool - Request for Formal Tenure Agreement

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Eungai Preschool has indicated their interest in acquiring the preschool from Council.  As an interim arrangement, they have also sought a formalised tenure agreement being a three year lease.

 

In relation to the interim arrangement it is proposed to provide an annual licence which will hopefully satisfy the requirements of the Department of Community Services.  Otherwise the drafting and execution of a lease will cost approximately $1,500.

 

There is no objection to the transfer of the property to the community association, but this will require the preparation of a local environmental plan to change the classification of the land from community to operational.

 

 

Recommendation:

 

1        That Council provide an annual licence for occupation to the Eungai Preschool for the next           three years or until the land is transferred, whichever occurs first.

 

2        That Council resolve to reclassify the Eungai Preschool from community to operational land in accordance with the Local government Act and the Planning and Assessment Act, with the intention of transferring ownership to the community based preschool association for a nominal price.  The contract of sale should provide Council with the opportunity to purchase the land back should its use for education purposes lapse.

 

 

OPTIONS:

 

Council has control over the tenure of the Eungai Preschool.  It can retain the status quo; provide a licence to occupy; lease the land or sell it if the classification is changed from community to operational land.

 

 

DISCUSSION:

 

Council has received the attached letter from the Eungai Preschool.

 

The Eungai Preschool is located on land owned by Council and classified as community land.

 

The land has an area of 1,154 square metres and is understood to be the old School Master’s residence. 

 

The land is zoned 1(a1) Rural and may have a building entitlement.  Council purchased the property from the Department of Education in 1996 for $1,500.  The Preschool was in existence at the time and the use has continued.

 

The Preschool provides an essential community service, and the Eungai community has to be commended for maintaining its operation with limited available State Government funding.  Unlike long day care, pre-schools do not receive Federal funding and are under significant funding pressure.  Pre-schools are considering changing their service delivery to include day care so as to attract Federal funding.

 

Council does not contribute financially to the Preschool’s operating costs, however the property is owned by Council and with it goes responsibility for OH&S and an expectation of responsibility for capital work on the building.

 

Rather than issuing a lease it is proposed that Council resolve to provide an annual licence for a 3 year period.  This will avoid an expense of at least $1,500 in having a lease drafted and executed.  This should satisfy the Department of Community Services as an interim arrangement.

 

Preschool education, as important as it is, has never been a financial responsibility of Nambucca Shire Council.  With the increasing financial constraints on local government as a consequence of ageing assets there is no prospect of Council being able to make a financial contribution to pre-school education.  This is best exemplified by the $10 billion “black hole” in infrastructure spending identified in the Percy Allan report.

 

The best outcome for both Council and the community is to establish management arrangements whereby the community based association has greater independence to pursue funding; develop new initiatives and possibly partnerships with other service providers.

 

For this reason it is recommended that Council commence a process to reclassify the land with the intention of transferring ownership to the community based association for a nominal price.  The contract of sale should provide Council with the opportunity to purchase the land back should its use for education purposes lapse.

 

 

CONSULTATION:

 

The matter has been discussed with a representative of the preschool.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The transfer of the land to the community based association will reduce Council’s risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The transfer of land to a community based association should reduce asset management obligations for Council in future budgets.

 

Source of fund and any variance to working funds

 

There is no requirement for funding.

 

Attachments:

1View

13526/2008 - Eungai Preschool - request for  formalised tenure agreement

1 Page

 

 


Ordinary Council Meeting - 3 July 2008

Eungai Preschool - Request for Formal Tenure Agreement

Attachment 1

13526/2008 - Eungai Preschool - request for  formalised tenure agreement

 

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.4      SF380              030708         Rental of Bowraville Theatre

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Bowraville Arts Council has requested that Council review its decision made on 5 June 2008 to direct any rental from the proposed sub-lease of the coffee shop to the outstanding loan balance.  They believe that the revenue from the sub-lease should be held by them to boost their income and free volunteers to concentrate on management and theatre productions.

 

Even though the request would have minimal impact on current and future budgets, given the financial assistance which has already been provided and is continuing to be provided and the demands which Council receives from other sporting and cultural associations, it is difficult to justify why the proceeds of any sub-lease should not be directed to the outstanding loan.

 

 

Recommendation:

 

1        That a sublease of the coffee shop be approved as provided by the head lease with rental to           be paid directly to Council to be credited to the Bowraville Arts Council loan account with           legal costs being borne by the sub-lessee.

 

2        That Council’s seal be affixed to the lease documents.

 

 

OPTIONS:

 

Council has the option of supporting the request from the Bowraville Arts Council or the recommendation.

 

DISCUSSION:

 

Council considered a report at its meeting on 5 June 2008 in relation to a request from the Bowraville Arts Council Inc. to seek approval to sublease the coffee shop as provided by the lease to boost income and to free volunteers to concentrate on management and theatre productions.

 

Council has now received the attached letter from the Bowraville Arts Council Inc. asking that Council reconsider its resolution which was that:

 

“1.  That a sublease of the coffee shop be approved as provided by the head lease with rental to be paid directly to Council to be credited to the Bowraville Arts Council loan account with legal costs being borne by the sub-lessee.

 

2.  That Council’s seal be affixed to the lease documents”.

 

The current financial position in relation to the restoration of the Bowraville Theatre was reported to Council on 14 and 15 January 2004 and is unchanged.

 

Council resolved on 17 April 2003 to advance an amount of $75,000 to the Bowraville Arts Council to be repaid in November 2003 from grant funds due from the Minister for Arts.  Council also resolved to provided a loan of $69,000 repayable over 10 years.  However the grant funding was unsuccessful with no funds forthcoming.

 

The reconciliation of the revenue and expenditure for the project reported to Council on 15 January 2004 was as follows:

 


Theatre

 

Purchase price                          $150,000

Purchase costs                         $    1,827.67

 

                   Total                      $151,827.67

 

Restoration

 

Total Expenditure                      $530,057.77

 

Grant funds                               $389,152.72

Council loan                              $137,181.82

 

Over Expenditure as at 15/1/04   $    3,753.25

 

Therefore the total expenditure on the project as at 15 January 2004 by Council was $217,762.74.

 

At Council’s meeting on 15 January 2004, it considered a request from the Arts Council for interest only repayments for the full amount as adjusted to $217,875.81 for an initial period of 2 years.

 

Council resolved that,  “the loan to the Bowraville Arts Council Incorporated be interest free for 10 years, due to the reasons for the over expenditure, and allow Council to recoup its investment without jeopardising the on going viability of the theatre.”

 

The then Director Corporate Services instructed the Accountant not to raise interest from 1 July 2005 until further notice.  As previously reported the recorded loan balance as at 30 June 2007 was $228,005.63.  At the current repayment rate it will take 37 years to clear the interest free loan and there is certainly no prospect of being able to charge interest at the expiration in 2014 of the 10 year period previously resolved by Council.

 

 

CONSULTATION:

 

There has been consultation with Susan Bowen, President of the Bowraville Arts Council Inc.  The Bowraville Arts Council has been invited to speak at the meeting.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Council has been very supportive of the Bowraville Theatre, not only in providing substantial funding for the theatre project but then in making it available interest free which at current repayment rates will take 37 years to clear.  It is a matter for Council whether they wish to increase that support given the financial pressures it has in maintaining other building assets and the requests for support which are received from other sporting and cultural groups.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no significant risk implications. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Even though the request would have minimal impact on current and future budgets, given the financial assistance which has already been provided and is continuing to be provided and the demands which Council receives from other sporting and cultural associations, it is difficult to justify why the proceeds of any sub-lease should not be directed to the outstanding loan.

 

Source of fund and any variance to working funds

 

Any proceeds from the sub-lease would reduce the term of the loan and indirectly have a positive impact on working funds.

 

Attachments:

1View

14550/2008 - Letter from Bowraville Arts Council

2 Pages

 

 


Ordinary Council Meeting - 3 July 2008

Rental of Bowraville Theatre

Attachment 1

14550/2008 - Letter from Bowraville Arts Council

 


 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.5      SF578              030708         Response from Minister for Local Government in relation to Reducing the Number of Councillors and Deferring the Council Elections

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Minister for Local Government, the Hon. Paul Lynch has advised that the legislation which would have allowed a reduction in councillor numbers without the need to go to referendum will now not proceed.  This means that Council’s proposal to reduce the number of Councillors from 9 to 7 at the election on 13 September 2008 will not proceed.  The Minister has also advised that the elections will not be deferred.

 

 

Recommendation:

 

That the information from the Minister for Local Government, The Hon Paul Lynch MP (dated 14 June 2008) concerning the Local Government Amendment (Elections) Bill and the deferral of the elections be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

The attached letter (dated 14 June 2008)  has been received from the Minister for Local Government, The Hon Paul Lynch MP.  The letter is in response to Council’s letter of 5 May 2008 which is also attached.

 

The Minister has advised that the Local Government Amendment (Elections) Bill which would have allowed a reduction in councillor numbers to occur without the need to go to referendum has not been adopted by Parliament.  As a consequence Council’s proposal to reduce the number of Councillors to 7 will not proceed.

 

The Minister has also responded to a Council resolution to defer the elections.  He advises that he will not consider special legislation to allow the elections to be deferred.

 

Therefore on 13 September 2008, the residents and ratepayers of the Nambucca Valley eligible to vote will be electing 9 Councillors including the Mayor.

 

 

CONSULTATION:

 

There has been no consultation in preparing the report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications of reducing the number of Councillors were reported to Council on 1 May 2008.


 

Economic

 

The economic implications of reducing the number of Councillors were reported to Council on 1 May 2008.

 

Risk

 

This was considered on 1 May 2008.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed change to 7 Councillors would have provided a direct saving of $24,200 and a substantial indirect saving through reduced overheads, election expenses etc.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

10567/2008 - Deferral of Council Elections due on 13 September 2008

1 Page

2View

15161/2008 - Letter from Minister for Local Government

2 Pages

 

 


Ordinary Council Meeting - 3 July 2008

Response from Minister for Local Government in relation to Reducing the Number of Councillors and Deferring the Council Elections

Attachment 1

10567/2008 - Deferral of Council Elections due on 13 September 2008

 

Enquiries to:  Michael Coulter

Phone No:      6568 0200

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

Mobile:           0409 153 788

Our Ref:        SF42

 

 

5 May 2008

 

 

The Hon Morris Iemma MP

Premier of NSW

Minister for Citizenship

Parliament House

Macquarie Street

SYDNEY   NSW   2000

 

 

Dear Mr Premier

 

DEFERRAL OF LOCAL COUNCIL ELECTIONS DUE ON 13 SEPTEMBER 2008 FOR TWELVE MONTHS TO ALLOW FOR CONSIDERATION OF THE OUTCOMES OF THE WATER UTILITIES INQUIRY

 

At its meeting on 1 May 2008, Nambucca Shire Council  considered a proposed amendment to the Local Government Act 1993 introduced to State Parliament on 4 April 2008 whereby Councils would have the opportunity to reduce their Councillors numbers at the 13 September 2008 election without having to resort to holding a constitutional referendum.

 

Nambucca Shire Council would be pleased to avail itself of this opportunity and has resolved that in the event that the Local Government Amendment (Election) Bill 2008 passes through Parliament, that Council advertises for 21 days and seeks public comment in relation to its proposal to reduce the number of Councillors to be elected on 13 September 2008 from nine (9) to seven (7).  I am pleased to say that this initiative by the Minister for Local Government would save this Council $24,200 in direct costs as well as substantial savings in indirect costs relating to the circulation of business papers, correspondence and staff time involved in answering enquiries.  There are of course additional savings in communication costs (time and money) for both the general public and the private sector in making direct representations to each Councillor.

 

In considering the issue, Council also resolved to request that the Local Government Elections be deferred for twelve months to allow for consideration of the outcomes of the Water Utilities Inquiry.  The Minister for Water Utilities, the Hon Nathan Reese, has announced his intention to reduce the number of water utilities in New South Wales and the Inquiry is now well underway.  In the event that the Minister’s intention comes to fruition, there will be significant financial implications for the residue general purpose Councils.  For this reason, Council believes that there is merit in considering a deferral of the September elections for twelve months to provide those affected Councils with the opportunity to take stock of their future.

 

Yours faithfully

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

enc    Copy of report to Council’s meeting on 1 May 2008

          Copy of Minute

cc      The Hon Paul Lynch MP Minister for Local Government

          Andrew Stoner MP State Member for Oxley

 

 


Ordinary Council Meeting - 3 July 2008

Response from Minister for Local Government in relation to Reducing the Number of Councillors and Deferring the Council Elections

Attachment 2

15161/2008 - Letter from Minister for Local Government

 


 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.6      SF42                030708         Council Decision Making Prior to the Election on 13 September 2008

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Director General of the Department of Local Government has advised all Councils that they will be entering a “caretaker” role from 4 August 2008 and they should avoid major decisions which will bind the future Council and similarly avoid promotional material which emphasizes the achievements of an incumbent member or group.

 

 

Recommendation:

 

That the information concerning the “caretaker” period prior to the Council elections on 13 September 2008 be received.

 

 

OPTIONS:

 

There are no options.  The Director General of the Department of Local Government has provided advice to Councils via a circular.

 

 

DISCUSSION:

 

The Director General of the Department of Local Government has issued the attached circular advising Councils that major decisions affecting their areas should not be undertaken during the period leading up to the ordinary elections on 13 September 2008.

 

He expects Councils to assume a “caretaker” role from the date of the close of rolls being 4 August 2008 and end on the day the election is declared.

 

In a caretaker role, the council should avoid:

 

·              Determining controversial or significant development applications

·              New or potentially controversial permanent appointments of general managers, and

·              Entering major contracts or undertakings.

 

The Council should also avoid active distribution of material during this period if it promotes the current elected council’s policies or emphasizes the achievements of an elected member or group.

 

Ultimately decisions should be made in the public interest and councils should have regard to all the circumstances including the urgency of the issue and whether there may be financial or legal repercussions if the matter is deferred.

 

Consents, approvals or actions being fast tracked to avoid election deadlines may, in appropriate cases, be subject to referral to the Independent Commission Against Corruption or investigation by the Department.

 

The caretaker period may result in delays to the following projects:

 

·      The Rural Residential Strategy

·      Draft DVP3—Residential Development

·      Draft Local Environmental Plan 2008

·      Appointment of consultants for the Nambucca River Master plan

·      Major tenders such as Congarinni Bridge

·      Section 94 plan on Community Facilities and Open Space

·      Banking Services

·      Policy reviews

 

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are obvious risks if the advice of the Director General is not followed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

 

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.7      SF24                030708         North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council assisted the North Coast Computer Project Inc. establish a workshop a 12 West Street, Macksville.  Council provided 50% of the rent of the premises for a 2 year period from 2005 to 2007.  Mr Bernie Francis, the Co-ordinator for the project advises that this assistance was of enormous help in maintaining their operations in providing refurbished computers, training, employment and work experience.

 

Mr Francis has now requested that Council resume and continue assistance of $450 per month for a further 2 year period.

 

Whilst it is a matter for Council, traditionally Nambucca Shire Council has not provided on-going financial support for such businesses, even those which have important social outcomes such as the Macksville workshop of the North Coast Computer Project.  Council’s role has been providing “seed” funding to assist with their establishment.  This no doubt reflects the competing demands on Council’s revenue; being able to respond to the claims made by other worthy projects; and acknowledgement that Council has very limited resources in terms of assessing the relative merits of continuing industry assistance.

 

It is recommended that rental assistance be provided for an additional 12 month period at a total cost of $5,400.

 

 

Recommendation:

 

That Council provide funding assistance of $450 per month by way of rental assistance to the North Coast Computer Project for an additional 12 months.

 

 

OPTIONS:

 

Council has basically 3 options being the provision of on-going rental assistance as requested by Mr Francis; providing no additional assistance; or limiting the assistance in terms of either the quantum of money and/or period of assistance.

 

It is recommended that Council provide the requested funding assistance for an additional year.

 

 

DISCUSSION:

 

Council has received the attached letter from Mr Bernie Francis, the Coordinator of North Coast Computer Project Inc.  Councillors will be familiar with the project having inspected the Macksville workshop.

 

Mr Francis requests that Council resume and continue financial assistance of $450 per month to the North Coast Computer Project Inc. towards the workshop lease of $890 per month at least for a 2 year period.

 

Council provided this rent assistance from August 2005 until August 2007.

 

Mr Francis reports that the last year has been very difficult financially due in part to the on-going monthly rent which must be paid.  Mr Francis has provided additional information concerning the financial position of the West Street workshop which is attached.

 

As Council is aware, the project is providing employment to two workers; providing training and work experience to students, volunteers and the Aboriginal community; as well as providing a source of cheap, reconditioned computers to the disadvantaged and not for profit community groups.

 

The service is a great initiative and Council has been a financial supporter providing $9,680 in rental assistance over a 2 year period to assist with the project’s establishment.

 

In terms of the request for further financial assistance, Council needs to consider its role in industry development and assistance.  In the instance of the Macksville Workshop, the assistance is also supporting key educational and work experience outcomes aimed at getting students and volunteers into the workforce.

 

Whilst it is a matter for Council, traditionally Nambucca Shire Council has not provided on-going financial support for such businesses, even those which have important social outcomes such as the Macksville workshop of the North Coast Computer Project.  Council’s role has been providing “seed” funding to assist with their establishment.  This no doubt reflects the competing demands on Council’s revenue; being able to respond to the claims made by other worthy projects; and acknowledgement that Council has very limited resources in terms of assessing the relative merits of continuing industry assistance.

 

In the circumstances it is recommended that Council’s assistance be limited to a further year of rental assistance being $5,400.

 

 

CONSULTATION:

 

There has been consultation with Mr Bernie Francis and the Manager Financial Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The North Coast Computer Project is providing important social benefits to the participating students and volunteers in improving their skills and chances of securing employment.  The Project is also providing recycled/reconditioned computers to low income earners and local “not for profit” community groups.

 

Economic

 

The business supports 2 staff members.

 

Risk

 

There are no significant risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No provision has been made in Council’s budget for 2008/2009 for the request.  The request would result in a cost to Council of $10,800.  The recommendation will result in a cost to Council of $5,400 in 2008/2009.

 

Source of fund and any variance to working funds

 

No provision has been made in Council’s budget for the request so any funding which may be approved will need to be sourced from available working funds.

 

Attachments:

1View

15144/2008 - Request for Council to provide funding assistance

1 Page

2View

15522/2008  - Request assitance NCCP - additional details

1 Page

 

 


Ordinary Council Meeting - 3 July 2008

North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

Attachment 1

15144/2008 - Request for Council to provide funding assistance

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

 

 

 

15144/2008 - Request for Council to provide funding assistance

 

1 Pages

 

 


Ordinary Council Meeting - 3 July 2008

North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

Attachment 2

15522/2008  - Request assitance NCCP - additional details

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

North Coast Computer Project Inc - Request for Financial Assistance with Lease for 12 West Street, Macksville

 

 

 

15522/2008  - Request assitance NCCP - additional details

 

1 Pages

 

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.8      SF1027            030708         Water Supply Fund - Obtaining a Dividend from Surplus

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Under the Best Practice Management of Water Supply and Sewerage Guidelines published by the NSW Department of Water and Energy in August 2007 dividends are payable from local utilities water supply and sewerage businesses for tax equivalents and potentially from any surplus.  In 2007/2008, Council’s General Fund will receive $39,200 in tax equivalents from water and sewerage operations.  Subject to compliance and financial auditing it has potential to seek a dividend of up to $193,200 from its water surplus.  The only outstanding compliance matter would seem to be the IWCM.  However, the outcome of the Water Utility Inquiry will also have an obvious impact on Council’s ability to obtain a dividend from its surplus.

 

 

Recommendation:

 

1        Upon completion of the IWCM (integrated water cycle management) and in the event that Council retains its water and sewerage functions at the conclusion of the Water Utility Inquiry, that Council obtain independent financial and compliance audits for its water supply business so as to seek   approval to take a dividend from its surplus.

 

2        That the quantum of any dividend be the subject of a further report to Council.

 

 

OPTIONS:

 

Council can opt not to pursue any dividend from surplus from its water supply business.  As the Best Practice Management Guidelines for Water and Sewerage make provision for a dividend from surplus, it is recommended that Council as owner of the asset undertake the necessary financial and compliance audits even if it subsequently elects not to pursue a dividend in any one or more years.  However, there is little point undertaking this work pending the finalisation IWCM and of the Water Utility Inquiry.

 

 

DISCUSSION:

 

A Council local water utility is permitted to pay an annual dividend from its water supply or sewerage business.  Such a dividend may be paid for each business after the end of each financial year.  The dividend can be comprised of both a dividend for tax equivalents and a dividend from surplus.

 

A dividend for tax equivalents was established in the National Competition Policy whereby prices should be set so annual cost recovery by a water supply or sewerage business includes taxes or tax-equivalents (excluding income tax).  Accordingly, this Council like all NSW water utilities must make a dividend payment for the amount calculated as the annual tax equivalent payment (excluding income tax). 

 

In 2007/2008 the Nambucca Shire Council General Fund will receive $20,100 in tax equivalents from the Sewerage Fund and $19,100 in tax equivalents from the Water Fund, a total of $39,200.  The Council can apply the dividend for tax equivalents for any purpose under the Local Government Act or any other act, including local community and charitable purposes.

 

To date Nambucca Shire Council has not sought a dividend from surplus.

 

As a pre-requisite to the payment of a dividend from the surplus in accordance with Section 409(5) of the Local Government Act 1993, a local water utility must demonstrate the achievement of the required outcome for each criterion in set out in a table in the Best Practice Management of Water Supply and Sewerage Guidelines issued by the NSW Department of Water and Energy.  The required standard of achievement is “substantial compliance”.

 

The Best Practice Management Criteria for which substantial compliance must be achieved concern:

 

1        Strategic Business Planning

·      A current SBP

·      Financial Planning

 

2        Pricing and Developer Charges

·      Full cost recovery

·      Complying water supply tariff

·      Commercial developer charges

 

3        Water Conservation

·      Sound water conservation and demand management in place

 

4        Drought management

·      Sound drought management in place

 

5        Performance reporting

·      Completed performance reporting forms to DWE

 

6        Integrated Water Cycle Management (IWCM)

·      Sound IWCM implemented

 

At this stage Council would seem to be compliant with the best practice management criteria with the exception that it is still awaiting completion of its IWCM.

 

Prior to paying a dividend from the surplus of a water supply or sewerage business, the local water utility must:

 

(1)      Obtain an independent compliance audit report verifying that the local water utility has demonstrated achievement of all the required outcomes set out in Table 1 (page 22)

 

(2)      Obtain an independent financial audit report that verifies the water supply and/or sewerage Special Purpose Financial Reports are a true and accurate reflection of the business and that the overhead reallocation charge to these businesses is a fair and reasonable cost.

 

The Council must also resolve in a council meeting open to the public that it has achieved the required outcome for each of the 6 criteria.

 

The Department advises that local water utilities facing major capital expenditure for new or replacement infrastructure should defer paying a significant dividend from their surplus as such a payment would directly increase the required Typical Residential Bill (TRB).  Such capital expenditure in any financial year is defined as that which exceeds 3% of the current replacement cost (CRC) of the local water utilities water supply or sewerage assets.  This will be the case with the off stream storage so the responsible position would be to seek a dividend which is not significant.

 

To provide Council with an indication of the maximum dividend from surplus which is potentially available under the Best Practice Guidelines, it is determined as being the lesser amount of 50% of an adjusted surplus before dividends or $30 per water supply assessment.  The latter would apply to Nambucca Shire Council with a potential maximum dividend of $193,200.  As indicated above, given the expenditure to be incurred with the proposed off stream water storage, any dividend should only be for a minor part of this maximum “entitlement”.

 

The future of the dividend for tax equivalents and the dividend from surplus will be an issue in the forthcoming report on the Water Utility Inquiry.  The report provides Council with an indication of the existing and potential dividends which are available under the Best Practice Management of Water Supply and Sewerage Guidelines published in August 2007.

 

Upon completion of the IWCM and in the event that Council retains its water and sewerage functions at the conclusion of the Water Utility Inquiry, it is recommended that Council obtain an independent compliance audit report to demonstrate achievement of the required outcomes for Council’s water supply business.

 

This will enable Council to consider a dividend from surplus, even though with the off stream water storage dam in progress Council may elect not to take a dividend or alternatively only a small dividend.

 

 

CONSULTATION:

 

There has been consultation with the Manager Financial Services and Manager Water and Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

Independent financial and compliance audits can present risks.  However deferring them may pose even greater financial risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Like the dividend for tax equivalents, any dividend from surplus payable from Council’s water supply business, would be able to be used for any general fund activity.

 

Source of fund and any variance to working funds

 

If it wished Council could apply any surplus directly to improving its general fund position.  Alternatively it could apply the funds to specific projects.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.9      SF791              030708         Department of Lands - Outstanding Land Swap Agreement to Compensate Council for the relinquishment of Reserve 91694 being the Nambucca Heads Industrial Estate

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

In 1984, Council agreed with the Department of Lands to relinquish a reserve in exchange for other Crown Land.  Even though the land relinquished by Council was subdivided and sold, Council has never been provided with any compensatory land by the Department of Lands.

 

It is recommended that Council make representations to the Minister, The Hon. Tony Kelly, seeking the provision of compensatory land.

 

 

Recommendation:

 

That Council make representations to the Minister for Lands, The Hon. Tony Kelly, seeking the agreed compensation for the subdivision of Council’s Reserve 91694, being the former depot site (1.213 ha) without compensation and the residue (0.523 ha) at valuation.

 

 

OPTIONS:

 

There are options available as to whether and how Council may pursue the lack of execution of an agreement with the Department of Lands going back to 1984.

 

Given the delays which have occurred for a variety of reasons over a long period of time it is recommended that the issue be pursued at a ministerial level.

 

 

DISCUSSION:

 

In 1984 Council agreed with the Department of Lands to relinquish Reserve 91694 for Local Government purposes so that the Department could develop the land (Ken Howard Crescent) for industrial purposes.

 

Council’s resolution in 1984 was as follows:

 

“That the Lands Office be advised that council is prepared to exchange its allotment within the Newville industrial subdivision for land adjoining the Department of Main Roads depot west of the motorway access and that the Lands Office and the Department of Main Roads be advised that Council is interested in acquiring the depot site when it is vacated.”

 

The subdivision of Council’s reserve 91694 and Crown Land was registered on 31 July 1987 creating lots 11 and 12 DP 748310, but Council was not provided with any compensatory land.

 

The RTA vacated the depot site in 1991 and Council commenced negotiations with State Land Services.

 

In November 1995 the Nambucca Heads Local Aboriginal Land Council lodged a claim over land including the depot site and the land to the west.

 

In 1996 the Aboriginal Land Claim was determined with it being part approved and a plan of subdivision was prepared to identify this land, which became lot 2 DP 1028461 and with Lot 1 to be acquired by Council.  A copy of the plan which was prepared in 1996 is attached.

 

Council’s Senior Administrative Officer believes that agreement was reached with Crown Lands for Council to acquire that part of Lot 1 DP 1028461 being the former depot site (1.213 ha) without compensation and the residue (0.523 ha) at valuation which was $30,000.

 

The Department of Lands sought advice in April 1996 and August 1996 as to when the survey might be completed and the acquisition gazetted.

 

The facts are that the Department of Lands acquired Council land in 1987 which they developed but provided no compensation to Council.

 

Council has written to the Department of Lands in December 2004 and more recently in March 2008 and May 2008 seeking a resolution of the matter.  The Senior Administration Officer also recently met with a representative of the Department to attempt to resolve the matter.  However there has been no satisfactory progress and given the value of land at stake and the time which has elapsed, Council should now make representations direct to the Minister for Lands, the Hon. Tony Kelly.

 

 

CONSULTATION:

 

There has been consultation with the Senior Administration Officer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no particular social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no risk issues.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The value of the compensatory land is significant and to the extent that it may avoid Council acquiring other land for public purposes there will be a direct impact on future budgets if the compensatory land is not provided.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

15815/2008 - DP1028461

1 Page

 

 


Ordinary Council Meeting - 3 July 2008

Department of Lands - Outstanding Land Swap Agreement to Compensate Council for the relinquishment of Reserve 91694 being the Nambucca Heads Industrial Estate

Attachment 1

15815/2008 - DP1028461

 

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.10    SF1162            030708         NSW Department of Sport and Recreation - Proposed Draft MOU to Strengthen the Relationship between the Department and Council in Delivering Agreed Outcomes.

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The NSW Department of Sport and Recreation has proposed a draft framework and MOU for the delivery of sport and recreation.  They set out a “best practice” approach to the cooperative development of sport and recreation services.  The draft framework and MOU are supported in principle.  However the inclusion of the Nambucca Valley in the Northern Rivers region rather than the Mid North Coast is queried.

 

 

Recommendation:

 

1        That Council advise Mr Paul Hernage, Manager Northern Region, NSW Department of Sport           and Recreation that it supports, in principle, the draft framework and MOU for the delivery of           sport and recreation.

 

2        The Mr Hernage be requested to make reference to the Mid North Coast and particularly our           adjoining Councils rather than the “Northern Rivers” Councils in developing regional level           facilities.

 

 

OPTIONS:

 

Council can accept the draft framework and MOU as drafted; propose amendments; or reject it.  It is recommended that the draft framework and MOU be accepted substantially as drafted with an amendment being made to provide for a focus on the Mid North Coast and particularly our adjoining local government areas rather than the “Northern Rivers Councils”.

 

 

DISCUSSION:

 

Council has received the attached letter from Mr Paul Hernage, Manager Northern Region, NSW Department of Sport and Recreation.

 

Mr Hernage has forwarded a draft framework that identifies strategies in the facilities, sport management and community strengthening areas which are aimed at optimising the benefits of sport and recreation for the Nambucca Valley communities.  The aim of the framework is to guide action to achieve a more cooperative approach by Council, NSW Sport and Recreation and other agencies and organisations.  A draft MOU referencing possible actions by Council and NSW Sport and Recreation is also attached.

 

Mr Hernage seeks Council’s in principle support for this approach to allow further discussion on the development of the MOU.

 

The proposed draft framework and MOU sets out a “best practice” approach to the cooperative development of sport and recreation services to the Nambucca Valley.  It does not create any additional financial obligation for Council.

 

The only comment which is made in relation to the draft framework and MOU is that it refers to strengthening communication with “other Northern Rivers Councils”.  Whilst it is understood that the Nambucca Valley is serviced by the Department’s office in Lennox Head, in terms of developing regional level facilities the focus should be on the Mid North Coast rather than the Northern Rivers or Far North Coast.  In particular the focus should be on strengthening communication with our adjoining local government areas of Bellingen and Kempsey.


 

CONSULTATION:

 

Mr Hernage met with the General Manager and Director Engineering Services on 3 June 2008.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The benefits from participation in sport and recreation are numerous and well documented.  Sport and recreation services and programs contribute to a quality of life for both individuals and communities through positive social, health and economic outcomes.

 

Economic

 

Depending upon the extent to which the Nambucca Valley can attract higher level sporting events there will be positive economic outcomes.

 

Risk

 

There is no particular risk attached to the draft framework and MOU.  The statements are a succinct statement of the “best practice” approach to the provision of sport and recreation services to a local community.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.  The tasks which are identified in the MOU are essentially those which Council is already undertaking or has an obligation to undertake.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

14173/2008 - Draft framework and MOU

14 Pages

 

 


Ordinary Council Meeting - 3 July 2008

NSW Department of Sport and Recreation - Proposed Draft MOU to Strengthen the Relationship between the Department and Council in Delivering Agreed Outcomes.

Attachment 1

14173/2008 - Draft framework and MOU

 














 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.11    SF319              030708         Macksville Showgrounds - Temporary Licence

 

AUTHOR/ENQUIRIES:     John Harris, Senior Administrative Officer         

 

Summary:

 

Macksville Showground Section 355 Committee of Management has been requested to provide premises on a temporary basis to Work for the Dole provider Work Options Incorporated for the period 31 December 2008, with the agreed rental being paid to the Management Committee.

 

The original licence commenced on 4 June 2007.

 

 

Recommendation:

 

That Council authorises to provide and execute under seal, a temporary licence for use of the “School Exhibit” pavilion by Works Options Incorporated for the period to 31 December 2008 with the agreed rental being paid to the Management Committee.

 

 

OPTIONS:

 

Refusal to support this request.

 

 

DISCUSSION:

 

Work for the Dole providers Work Options Incorporated have requested the Macksville Showground Section 355 Committee to rent the “School Exhibit” pavilion for the agreed weekly rental of $60.00.

 

Work Options are unable to pay a commercial rental for workshop/storage premises as the clients have restricted working hours.  The workshop will be used to build metal and wooden objects for projects on other community land including Council owned facilities.

 

Small projects will be undertaken at the Showground during period of use of the workshop.

 

A temporary licence does not bestow exclusive rights on the licensee.  This facility is required for major events such as the annual show, Rusty Iron Rally and Pro-Ag with the licence providing measures to permit use by these events.

 

This concrete and metal pavilion is part of the “Poultry Pavilion” complex.

 

Council is requested, as owner, to authorise the provision of a licence for the period to 31 December 2008 with the rent to be paid directly to the Section 355 Committee.

 

The original licence commenced on 4 June 2007.

 

The licence will be created “in house” therefore legal costs will not be incurred.

 

 

CONSULTATION:

 

Work Options Incorporated.

Macksville Showground Section 355 Committee.

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts.

 

Social

 

The provision of this facility will assist  in the training of local work for the dole clients and will provide improved facilities, at reduced costs, for local community groups.

 

Economic

 

There are no economic impacts.

 

Risk

 

There is no risk as Work Options Incorporated must hold Public Liability Insurance cover to a minimum of $10 Million.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is not direct or indirect impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There are no variances to working funds required.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

3 July 2008

General Manager's Report

ITEM 9.12    SF632              030708         Transfer of residual land to the owner of 755 Scott Head Road following road realignment of Scotts Head Road

 

AUTHOR/ENQUIRIES:     John Harris, Senior Administrative Officer; Steven Williams, Property Officer         

 

Summary:

 

In 2001/02 Council effected an upgrade, widening and realignment of Scotts Head Road.  To expedite completion of the works Council entered into an agreement with the then proprietors of 755 Scotts Head Road, Messrs CS & RJ Barber, wherein the owners dedicated part of their land (with a total area of approximately 908 meters squared) in exchange for an area of road proposed be closed as a part of the road works (with a total area of approximately 269.3 metres squared).  The parties agreed for all legal and transfer costs to be met by Council.  There was no financial consideration paid the Messrs Barber for the land swap.

 

Road works have been completed and Council is now in receipt of the form of Transfer for Lot 6 in DP 1097285 (“the Land”) being the portion of road now closed and the subject of the agreement with Messrs Barber.

 

Recommendation:

 

1        That Council transfer Lot 6 DP 1097285 to the current registered proprietors of  755 Scotts Head Road in lieu of land acquired by Council for road realignment.

 

2        Council’s seal being affixed to all necessary documentation.

 

OPTIONS:

 

To not Transfer the Land.

 

 

DISCUSSION:

 

The land swap agreement was made at the behest of Council to expedite the road works project.  Transfer of the land will give final effect to this agreement.

 

The subject land is of negligible size and accordingly there is no foreseeable benefit to council reneging on the agreement and retaining the land.

 

 

CONSULTATION:

 

Mr Phillip Smith – Engineering Services – Surveyor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts involved in the approval process.

 

Social

 

There are no social impacts involved in the approval process.

 

Economic

 

There are no economic impacts involved in the approval process.

 

Risk

 

There are no risks in the approval process.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implication other than the requirement to meet the transfer and legal costs of the exercise.

 

Source of fund and any variance to working funds

 

There are no variances to working funds required.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

3 July 2008

Director Environment & Planning's Report

ITEM 10.1    DA2007/224      030708         Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council determined the above application at its 6 March 2008 Council Meeting by way of Refusal:

 

That the application be refused as it does not comply with the DCP.

 

The applicant Executive Products Pty Ltd commenced a Class 1 Appeal through the Land and Environment Court (Proceedings No 10423 of 2008) with Council being notified of this action on 2 May 2008.

 

Notwithstanding, the applicant has sought a Review of the Determination pursuant to Section 82A of the Environmental Planning and Assessment Act which Council was notified of through Item 10.1 of the Business Paper of the 5 June 2008, Council meeting.

 

The request for Review was notified as required under the EP&A Act and is now presented to Council for consideration.

 

 

Recommendation:

 

1          That Council now determine whether or not it is prepared to Review its Determination for Development Application 2007/224 issued on 17 March 2008.

 

2          That subject to recommendation 1 above, and if in the affirmative, Council Review its Determination after taking into account the submissions received and any delegations afforded by Council.

 

 

OPTIONS:

 

Section 82A of the Environmental Planning and Assessment Act, affords Council two options.

 

In the first instance, Council must determine whether it is prepared to Review its Determination. Then, if Council resolves to Review its Determination, Council is then obliged to reaffirm its determination or amend its determination.

 

 

DISCUSSION:

 

Section 82A of the Environmental Planning and Assessment Act 1979 provides the mechanism for any person who is in receipt of a Notice of Determination, whether it be an approval or refusal, to request the consent authority to Review the Determination.

 

I have provided below, Section 82A of the EP&A Act and bolded and underlined specific matters that I draw Councils attention to:

 

82A      Review of determination

 

(1)        If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application, other than:

(a)      a determination to issue or refuse to issue a complying development certificate, or

(b)      a determination in respect of designated development, or

(c)      a determination in respect of integrated development, or

(d)      a determination made by the council under section 116E in respect of an application by the Crown.

 

(2)        A request for a review may be made at any time, subject to subsection (2A).

(2A)      A determination cannot be reviewed:

(a)      after the time limited for the making of an appeal under section 97 expires, if no such appeal is made against the determination, or

(b)      after an appeal under section 97 against the determination is disposed of by the Court, if such an appeal is made against the determination.

 

(3)        The prescribed fee must be paid in connection with a request for a review.

(3A)      In requesting a review, the applicant may make amendments to the development described in the original application, subject to subsection (4) (c).

 

(4)        The council may review the determination if:

(a)      it has notified the request for review in accordance with:

(i)       the regulations, if the regulations so require, or

(ii)      a development control plan, if the council has made a development control plan that requires the notification or advertising of requests for the review of its determinations, and

            (b)      it has considered any submissions made concerning the request for review within any period prescribed by the regulations or provided by the development control plan, as the case may be, and

(c)      in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

(4A)      As a consequence of its review, the council may confirm or change the determination.

 

(5)        The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

 

(6)        If the council reviews the determination, the review must be made by:

            (a)      if the determination was made by a delegate of the council—the council or another delegate of the council who is not subordinate to the delegate who made the determination, or

(b)      if the determination was made by the council—the council.

 

(7)        The council must give notice of the result of the review to the applicant as soon as practicable after the review.

 

(8)        If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.

 

(9)        If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

 

(10)       If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.

 

(11)      A decision on a review may not be further reviewed under this section.

 


Directors Comment.

 

Section 82A (2) provides the opportunity for a request for a review to be made provided it is within the prescribed time outlined by 82A (2A).

 

The request for review is in accordance with S82 A (2).

 

Section 82A (3) requires payment to be made with the application for the review.

 

The required fee was paid on 15 May 2008 (receipt No 14293).

 

Section 82A (4) requires the request for review to be notified in accordance with the Regulations or a Council DCP.

 

Clause 113A of the Environmental Planning and Assessment Regulations 2000 provides for the notification or advertising of an application for a Review in the same manner as the original application.

 

The request for Review of Determination was notified in accordance with the original application and also to all those persons who made formal submissions to the original application.

 

Section 82A (5) requires that the decision to review the determination must not be made by the person who made the determination but be a person qualified under S82A (6). In this case the Council.

 

This matter was reported to Council at its 5 June 2008 meeting Item 10.1 advising receipt of the request for a Review of Determination.

 

Council resolved That Council note the current status of Development Application 2007/224 and following completion of the notification period a report will be prepared for Council consideration”.

 

Section 82A (6) identifies who must review a determination if Council so resolve to do so.

 

As mentioned above, as Council determined the matter, S82A (6) (b) requires Council to Review the Determination.

 

Section 82A (11) provides that no further reviews may be sought under this section (82A) once a review decision has been made.

 

Should Council resolve to review the determination or not, once that decision is made, the opportunity for a further review under S 82A of the EP&A Act is not available.

 

Public Notification.

 

As indicated above, the request for a Review of Determination was notified in the same manner as it was originally and also, those persons who made submissions were also notified of the request for review.

 

The notification period was from 27 May – 10 June 2008 during which time Council received some 115 individual submissions (80 of which were form letters) opposing the proposal. Copies of the submissions are attached for Councillors consideration.

 

Several of the submissions refer to their previous submission when the application was notified prior to the determination on 6 March 2008. A copy of the report and submissions presented to Council at it meeting of 6 March 2008 is circularised for Councillors reference.

 

The proposal presented for Review is the same proposal as considered by Council at the 6 March 2008 meeting as the applicant has chosen not to amended the proposal.

 


CONSULTATION:

 

Council’s Solicitors have been consulted with regard to the Class 1 action and the Section 82A Review of Determination request.

 

The General Manager and Council’s Planners and Building Surveyors.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental impacts will only come into consideration should Council resolve to review its determination. Should that arise Council is referred to the environmental consideration provided in the Town Planning report presented to Council at the 6 March 2008 meeting and reproduced below in italics.

 

The proposed development will have no adverse impacts on the natural environment, however the adoption of a building line setback to foreshore public reserves will have many environmental benefits by providing a clearly delineated buffer between private land and environmentally sensitive public land and preserving the distinctive character of the landscape setting.

 

Social

 

The social impacts will only come into consideration should Council resolve to review its determination. Should that arise Council is referred to the social consideration provided in the Town Planning report presented to Council at the 6 March 2008 meeting and reproduced below in italics.

 

Apart from the benefit of a larger and more desirable living space for the occupants of the development, the proposal will have no social impacts on the broader community. It can be assumed that this type of development will become more common in the future, as landowners seek to develop in a contemporary and modern style that maintains the best possible outlook and views from the building. In time this phenomenon will alter the low density and small scale character of the area.

 

Proper development assessment of applications is difficult where there are inconsistent interpretations and applications of development standards. It is in the interests of landowners and Council that a logical and consistent approach is agreed to, that allows for a fair and balanced assessment process.

 

Economic

 

The economic impacts will only come into consideration should Council resolve to review its determination. Should that arise Council is referred to the economic consideration provided in the Town Planning report presented to Council at the 6 March 2008 meeting and reproduced below in italics.

 

There are no significant economic implications arising from the development, but there may be costs to Council depending on the outcome of the determination and the likelihood of an appeal by the applicant.

 

Risk

 

There are no risks with a Review of Determination provided it is undertaken in accordance with Section 82A of the Environmental Planning and Assessment Act. The risk of appeal continues to apply, as the appeal provisions applying to a Review of Determination continue the same way as a normal Determination.

 

Other risk associated with this review will come into consideration should Council resolve to review its determination. Should that arise Council is referred to the environmental consideration provided in the Town Planning report presented to Council at the 6 March 2008 meeting and reproduced below in italics.

 

Council has sought legal advice in relation to the assessment of the development application to minimise the risk to Council and assist in the decision making process. The advice reinforced to Council that an adoption of a consistent approach to development control, combined with a proper assessment under Section 79C of the EP & A Act 1979, will mitigate any risks to Council that may arise following determination of an application.

 

The advice noted the various inconsistencies and anomalies in the DCP and to the LEP, but highlighted that the weight afforded to the DCP provisions is a matter for the Council in its assessment of the application.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect financial implications with the Section 82A Review.

 

However, in accordance with the provisions of the EP&A Act, the right of appeal continues and Council is currently aware that a Class 1 Appeal has commenced but deferred pending the outcome of the Section 82 A Review.

 

Notwithstanding, Council has also been informed that should an approval be granted, Council will face a class action challenging the administrative or procedural process.

 

In the event that the application is refused, Council may be forced to defend its decision in the Land and Environment Court. Given the recommendation for approval by the Planning Department, Council would be required to engage the services of an independent consultant to act on its behalf in defending its decision.

 

Source of fund and any variance to working funds

 

The funds for any Land and Environment Court action will come from the Town Planning legal budget. It is likely that additional funds will be required in either case of defence of a decision. It is estimated that a typical budget of $30,000 would be required for such defence. However as Council may need to engage specialists to defend its decision this estimate may need to be inflated by another $15,000.

 

Attachments:

1View

15559/2008 - All Submissions Received for Section 82A Review of DA 2007/224

 

2View

4410/2008 - Report on DA 2007/224 - Dwelling Additions - Lot 51 DP 1093411, 18A Matthew Street, Scotts Head - CIRCULARISED DOCUMENT UNDER SEPARATE COVER

62 Pages

 

 


Ordinary Council Meeting - 3 July 2008

Report on Section 82A Review of Determination of DA 2007/224 - Dwelling Alterations and Additions, 18a Matthew Street, Scotts Head

Attachment 1

15559/2008 - All Submissions Received for Section 82A Review of DA 2007/224

 

 


SAMPLE OF FORM LETTER (80 SEPARATE LETTERS SENT)


LIST OF ALL THOSE WHO LODGED SUBMISSIONS

 

Author-Title

Author-Initials

Author-Last Name

Mr

P

Gan

Mr

A

Turner

Mr

S

Dent

Mr

H C

Fraser

Dr

K L

Strong

Mr

H

Bunton

Mr

H

Juchau

Mr

J

Schmidt

Ms

J

Court

Mr

R

Fletcher

Ms

K

Morrison

Dr

K L

Strong

Mrs

F

Davies

Ms

L C

Worrall

Mr

J

Craven

Mr

D

Farrell

Mrs

D

Ewing

Mr

N T

Slater

Mr

M

Neal

Mr

A

Comyn

Ms

J

May

Ms

F

Moschioni

Mr

J

Leevers

Mrs

A

Blood

Mr

G

Barron

Mr

S

Holmes

Mr

G

Bell

Mrs

M R

Freebairn

Mr

E S

Elphick

Mr

G

Munson

Mr

H

Fay

Mr

P J

Kemp

Ms

P

Cox

Ms

G

Rayner

Ms

S

Hunter

Mr

P

Cavanagh

Mr

L

Pankhurst & Ms J Alderson-Hicks

Ms

J

Imrie

Mr

T A

Cameron

Mr

R J

Fisher

Mr

D

Kelly

Ms

Z

Legge

Ms

Y

Miles

Mr

M R

Sadowski

Mr

B

Henley

Ms

S

Brien

Ms

G

Dew

Ms

S A

Cavanagh

Miss

H

Bowtell

Miss

K

Rudolph

Mr

J

Beagley

Mr

S A

Alderson-Hicks

Ms

J

Glasgow

Dr

R F

Barron


 

Ms

D

Cockbain

Ms

P

Beeby

Ms

K J

Edwards

Ms

N

Robertson

Ms

J A

Young

Ms

J

Lewis

Mr

L

Turner

Ms

S

Curtis

Ms

C

Oxley

Mr

R

Gennat

Mr

R S

Pacey

Ms

M

Tutt

Mr

P

Maynell

Mrs

C L

Cook

Mrs

E M

Barnes

 

M

Brazel

Mrs

K

Bowtell

Mrs

M

Rice

Ms

J

Pittorino

Mr

B

Evans

Mr

P W

Evans

Ms

B

O'Gower

Mrs

C

Lewis

Mr

G

Birkett

Ms

K

Welch

Mrs

A