NAMBUCCA SHIRE COUNCIL

 

 

Works Inspection Committee - 16 July 2008

 

AGENDA Starts 8.30am

 

Time

Description

Where

OS/CC

Item

Tentative/

Confirmed

Page

08.30

Introduction of Adam Wilson - Water & Sewerage Engineer

CC

 

C

 

8.45 - 9.15

Nambucca Waste Management Centre - Proposed Weighbridge

OS

10.1

C

54

9.25-9.45

DA 2004/267 – Self Storage Sheds – modification to delete condition of consent (Pioneer St)

OS (By Mayor)

9.1

C

4

10.00-10.15

Break

Committee Room

10.30-11.30

Chris Crawford - CEO of North Coast Area Health Service.  (Council resolved on 17/1/2008 to invite Mr Crawford to address Council on health and particularly the future of the Macksville Health Campus)

6592-9297 OR 6592 9588

CC

8.1

C

2

11.30 - 12.00

Policy Review—Procurement

CC

10.3

C

64

12.00-12.45

Lunch

Committee Room

12.45-1.00

Paveline Performance

CC

10.4

C

117

1.00-2.00

Policy Reviews—Environment and Planning

Including  DA's Where Council Is Trust Manager Of Crown Reserves

 

CC

9.2

10.2

C

6

2.15-2.45

Rights of Carriageway off Rhones Creek Road

Include item 11.7 from Council meeting 3 July

Include 12688/2008

Include a plan from Surveyor

OS

10.5

C

119

3.30-4.00

Report on Determination of DA 2007/232 - Dual Occupancy - 15 McLeod Drive Scotts Head

Include item 10.6 from Council meeting 3 July

OS

9.3

C

47

4.15

Close

 

 

 

 

 

 

OS – On site

CC – Council Chambers

 



Works Inspection Committee

16 July 2008

General Manager's Report

ITEM 8.1      SF860              160708         North Coast Area Health Service

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has resolved that Mr Chris Crawford, CEO of the North Coast Area Health Service be invited to address Council on health issues in the Nambucca Valley.

 

Mr Crawford has accepted the invitation and will be available to address Council.

 

 

Recommendation:

 

1.       That the information provided by Mr Crawford be received.

 

2.       That Council thank Mr Crawford for his attendance at Council’s Works Inspection Committee           Meeting.

 

 

OPTIONS:

 

There are no options.  The report is in relation to Mr Crawford’s attendance at Council’s meeting.

 

DISCUSSION:

 

Council resolved on 17 January 2008 to invite Mr Chris Crawford, CEO of the North Coast Area Health Service to address Council on health issues and particularly the future of the Macksville Health Campus.  Council received confirmation that Mr Crawford will be able to attend this Works Committee meeting.

 

Over the past 12 months, Council has raised a number of issues in relation to health services.  There has also been a meeting of the North Coast Area Health Advisory Council at Macksville on Friday 9 May 2008 which was attended by Mr Crawford.  Mr Crawford also addressed a combined meeting of the Mid North Coast Group of Councils and the North Rivers Regional Organisation of Councils at Grafton on Friday 23 May 2008 in relation to health policy and capital expenditure across the region.

 

The following is a summary of some of the issues which have been discussed at Council at also at the Advisory Council meeting on 9 May.

 

The Future of Macksville Hospital

 

With the relocation of services such as instrument sterilisation and more recently breast screening, to Coffs Harbour, Council has sought assurances in relation to the future of Macksville hospital.

 

Withdrawal of Mobile Breast Screening Services from the Nambucca Valley

 

At Council’s meeting on 3 July it was resolved to protest against the removal of this service from the Nambucca Valley.

 

Community Health Care Centre

 

The North Coast Area Service had planned to provide a Community Health Care Centre in Nambucca Heads.  This facility has not eventuated and it is understood that it is not on the NCAHS Capital Works priority list.  Given the withdrawal of some services from the Nambucca Valley, the provision of this centre is obviously something the Council should lobby for.

 


Nursing Home Type Patients – Macksville Hospital

 

There has been on-going concern about the hospital beds which are occupied by patients who may be better placed in nursing homes or other forms of supported accommodation.

 

Home and Community Care Nurses

 

HACC services are funded by the Department of Ageing and Disability and Home Care.  It is understood that there has not been any increase in funding for the HACC program for a significant period.  With the ageing of the population HACC services should be an important funding priority as they are cost effective in early intervention and supporting the aged and disabled so they may remain in their homes.

 

Ageing Workforce

 

The health care industry has similar issues to Council with an ageing workforce.  This is occurring at a time when there will be unprecedented demand on the health care system because of the ageing of the population.  The NCAHS has a number of policies in place to respond to this, but it remains a critical issue in retaining decentralised services.

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no consequences for the environment.

 

Social

 

There are significant social implications arising out of our standard of public health care.

 

Economic

 

There are some economic implications for the Nambucca Valley if health services are relocated to major centres such as Coffs Harbour and Port Macquarie.

 

Risk

 

There are no risks in relation to the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

  


Works Inspection Committee

16 July 2008

Director Environment & Planning's Report

ITEM 9.1      LF3891             160708         DA 2004/267 - Self Storage Sheds - modification to delete condition of consent requiring road works

 

AUTHOR/ENQUIRIES:     Ben Oliver, Senior Town Planner         

 

Summary:

 

DA 2004/267 was approved by Council on 19 April 2004, giving consent to the erection of several self storage sheds comprising 45 storage bays within the Nambucca Heads Industrial Estate. Condition No 10a of the consent required the developer to complete the following engineering works:

 

“Upgrade street formation and provide new asphaltic concrete seal to match existing road in Pioneer Street from end of existing asphalt seal to the northern boundary of the development site”.

 

A modification application was submitted to Council 11 February 2008, seeking to modify the consent by deleting condition 10a.

 

 

Recommendation:

 

That the modification application to DA 2004/267/01 be refused.

 

 

OPTIONS:

 

Council can maintain the condition and refuse the request to modify the consent or alternatively Council can agree to the request and delete the condition.

 

DISCUSSION:

 

Condition 10a was imposed by the Department of Engineering Services who noted that the development of the site included a new combined entry/exit to Pioneer Street which would be used as the primary access for the development. It was further noted that although Pioneer Street had been previously sealed, its condition had deteriorated and part of the road (approximately 50 metres) would require an upgrade to satisfy Council standards.

 

The modification application was submitted to Council 11 February 2008, seeking to modify the consent by deleting condition 10a. The applicant has offered the following reasons to support their request:

 

·              The road was damaged when the property was first purchased.

·              The damage to the road is a result a heavy log trucks accessing the sawmill site at the end of Pioneer Street.

·              The maintenance of the road should be a Council responsibility and it is unreasonable for one landowner to be required to upgrade the road.

 

The Department of Engineering Services has reviewed the modification application and consider that the condition is an appropriate means of ensuring that the traffic generated by the development is serviced by a properly constructed public road and that the developer be responsible for upgrading the road. On this basis the applicant was advised that the modification application was not supported and the road works should be completed in accordance with condition 10a of the consent.

 

 

CONSULTATION:

 

Department of Engineering Services were consulted and provided a response to the proposal.

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications resulting from the proposal.

 

Social

 

It is generally accepted that there are broad social and economic advantages of implementing a user pays system which puts the responsibility and cost of extending or upgrading services onto private developers which generate the demand for the service. This principle underpins the decision requiring private developers to fund road works.

 

Economic

 

There are no immediate economic implications resulting from the development. However if Council agrees to delete the condition, then Council must accept that it is responsible for the upgrading of Pioneer Street to service private development.

 

Risk

 

There is a risk that if Council deletes the condition, then it will be accepting cost shifting onto the public for development which has an inherent private benefit.  

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable at this stage.

 

Source of fund and any variance to working funds

 

Not applicable at this stage.

 

Attachments:

There are no attachments for this report.

 


Works Inspection Committee

16 July 2008

Director Environment & Planning's Report

ITEM 9.2      SF1031            160708         Further Report on review of Council's Policies - Environment Planning Department

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

The review of Council Policies has identified that a number of Policies associated with Council’s Environment and Planning Department are no longer relevant as they have been consumed in subsequent Development Control Plans, changes to Legislation or other Council Policies.

 

The Policies to be deleted are identified in the attached table with explanation and the relevant DCP’s or Legislation which supersede them or the reason for their deletion.

 

 

Recommendation:

 

1          That Council delete the Policies identified below as they are now superseded by subsequent Development Control Plans adopted by Council or consumed in recently introduced Legislation.

 

Policies to be deleted:

 

¨        Public Notification and Consideration of Submissions

¨        Part V Environmental Planning & Assessment Act

¨        Sand and Gravel Extraction, Rivercare and Landcare Projects

¨        Subdivision of Undeveloped Residential Land

¨        Notification of Applications to Erect Buildings

¨        Disability Action Plan

¨        Policy on Homelessness

¨        Building in Flood Prone Areas

¨        Advertisements—Development Control Plans and Planning Instruments Policy

¨        Electricity Supply Rural-Residential Subdivisions

 

2        That Council review the Policies identified below and adopt as modified.

 

Policies that have been reviewed/modified:

 

¨        Rural Properties – Bond for Second Dwelling

¨        Rural Dwellings - Illegal

¨        Water Carters Policy

¨        Temporary Residential Occupation of Industrial Sites

 

 

DISCUSSION:

 

In conjunction with the comprehensive review of Policies and Delegations a number of Council Policies have been identified that are now obsolete as they have been consumed in subsequent Development Control Plans or Policies or are now over ridden by new Legislation.

 

The attached Table identifies the Policies to be deleted, and an explanation as to where and how they are consumed or included in other documents/Legislation. It also lists Policies which are to be amended or simply reviewed. Again an explanation is provided for any amendments recommended.

 

 

CONSULTATION:

 

The General Manager, other Directors and the Managers of Planning and Health and Building have all been consulted on this matter.


SUSTAINABILITY:

 

Environmental

 

There are no environmental impacts with the deletion of the identified Policies as they exist or are consumed in other Council Policies, Development Control Plans or over ridden by Legislation.

 

Social

 

There are no social issues with the deletion or amending of the identified Policies as they exist or are consumed in other Council Policies, Development Control Plans or over ridden by Legislation.

 

Economic

 

There are no economic impacts with the deletion of the identified Policies as they exist or are consumed in other Council Policies, Development Control Plans or over ridden by Legislation.

 

Risk

 

“Out of date” policies are best removed from Council’s policy register to avoid the possibility that they may be relied upon in decision making.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

By deleting these existing policies it will ensure that Council’s risk is minimised under professional indemnity as it will not have conflicting policies.

 

Source of fund and any variance to working funds

 

There are no impacts on Council funds.

 

POLICY

EXPLANATION

WHERE/HOW REPLACED

Public Notification and Consideration of Submissions

To be DELETED

This Policy was preceded by Policy 5 (E40) – Developments which Must be Advertised. This Policy was deleted at Council’s meeting of 2 November 2006. Now it is replaced by Advertising and Notification DCP No 12 - adopted 25 March 2004

Part V Environmental Planning & Assessment Act

To be DELETED

The Policy is no longer required as review of environmental factors required for Pt V Assessment for development is part of the EP&A Act – Part V.

Sand and Gravel Extraction, Rivercare and Landcare Projects

To be DELETED

It is recommended that this Policy be deleted as all such works are now controlled by the Rivers and Foreshores Act and are the responsibility of the Department of Water & Energy

Subdivision of Undeveloped Residential Land

To be DELETED

This has been superseded by Council’s Development Control Plan No 4 “Subdivision” adopted by Council on 7 December 2006.


 

POLICY

EXPLANATION

WHERE/HOW REPLACED

Notification of Applications to Erect Buildings

To be DELETED

This Policy was preceded by Policy 5 (E40) – Developments which Must be Advertised. This Policy was deleted at Council’s meeting of 2 November 2006. Now it is replaced by Advertising and Notification DCP No 12 - adopted 25 March 2004

Disability Action Plan

To be DELETED

This Disability Action Plan is not a Policy and therefore should be deleted from the Policy Register.

Policy on Homelessness

To be DELETED

Council adopted a generic policy based on a pro forma developed and recommended by the Local Government and Shires Association partly to support the establish­ing of a Crisis Accommodation Service in the Shire. That service is now well established and receiving recurrent funding. Should the future show the need for establishing a specific policy on homelessness it would be identified by social planning processes and be developed in line with current approaches to policy development which include specific, timely, measurable and relevant strategies rather than just a general point of view.

Building in Flood Prone Areas

To be DELETED

This policy is no longer required by Council as issues relating to building in flood prone areas are covered by Council’s Floodplain Risk Management Plan, adopted by Council on 17 February 2005.

Advertisements—Development Control Plans and Planning Instruments Policy

To be DELETED

The EP&A Act outlines the minimum notification/advertising required for Planning Instruments

Electricity Supply Rural-Residential Subdivisions

To be REVIEWED/ DELETED

Council’s Development Control Plan 4 – Subdivision (2006) adopted by Council on 7 December 2006 states:

Rural zones

Electricity supply is to be generally provided overhead for rural areas. This is to ensure that electricity supply is not cost prohibitive in rural areas.

 

Council will note that the current provision of DCP 4 is not entirely in accordance with Council’s above policy. Accordingly, it is recommended that Council amend DCP 4 to reflect the above policy and, once the amended DCP 4 is adopted by Council, this policy be rescinded as it would then be redundant.

Rural Properties – Bond for Second Dwelling

To be REVIEWED

The Policy has now been reviewed with minor changes being made and these changes incorporated into the amended Policy.

Rural Dwellings - Illegal

To be REVIEWED and AMENDED

Amendments were made to the Policy under 4.1 to reflect Legislative changes


 

POLICY

EXPLANATION

WHERE/HOW REPLACED

Water Carters Policy

To be REVIEWED and AMENDED

Many of the Acts and legislation have changed since the adoption of this Policy. The Policy has now been reviewed and these changes incorporated into the amended Policy.

Temporary Residential Occupation of Industrial Sites

To be REVIEWED and AMENDED

Many of the Acts and legislation have changed since the adoption of this Policy. The Policy has now been reviewed and these changes incorporated into the amended Policy as well as other relevant changes.

 


POLICY TO BE DELETED

 

ENVIRONMENT AND COMMUNITY PLANNING

POLICY NO                                                                 

 

POLICY TITLE                                                              PUBLIC NOTIFICATION AND CONSIDERATION OF SUBMISSIONS

 

DEPARTMENT RESPONSIBLE                                      ENVIRONMENT AND COMMUNITY PLANNING

 

ADOPTED                                                                     20 February 1997

 

MINUTES NO:                                                               (0021)

 

DATE OF LAST REVIEW

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0        Definitions

 

4.0     Policy statement

 

That the policy proposed by the Director Environmental Services be endorsed.

 

 

Single Planning Document

 

·      That Council strive towards producing a single planning document that is accessible, regularly updated, written in plain English and that clearly indicates the relationship between different controls and their effect.

·      That the Director Environmental Services prepare by the end of December 1997 planning guidelines in the form of three DCP's relating to urban, future urban and rural development (ie reduce the number of DCP's from 17 to 3, together with plain English handout guidelines for various development types).

 

 

Rezonings

 

·      That spot rezoning requests be accompanied by a development application and conceptual plans of what is proposed together with a planning assessment by a Consultant as to its compliance with relevant statutory and local planning requirements.

 

Public Notification

 

·      That potentially affected property owners (as determined by Environmental Services Staff) of a proposed Draft LEP amendment be notified in writing and invited to lodge written submissions (in addition to public notice in local newspaper).

·      That all Council related development applications be advertised for public comment and referred to Council for decision (not determined under delegation).

·      That Council's current notification policy for DA's (as attached) remain in force with the exception that exhibition/notification periods be extended during Christmas and Easter holiday periods to make allowance for public holidays.


Public Hearings

 

·      That persons and relevant government agencies likely to be affected by a development or rezoning to have opportunity for their views to be properly heard before Council's Works Committee, Council Meeting or other public forum organised by Council and their views taken into consideration where they have lodged written submissions during the exhibition period.

 

·      If a submission is made to Council by way of an objection, then the application will be referred to a Council meeting for determination. Should that person/agency wish to address a meeting, they be advised to contact Council's Administration Department for details on meeting procedures. To address a Council meeting a booking must be made prior to the meeting and each speaker permitted equal time allocation. If the objector is part of a delegation, then only one spokesperson be permitted to address Council on their behalf.

 

·      That a public meeting be held where there are substantial objections or significant departures from criteria or a rezoning (decision to hold a meeting at Council's discretion).

 

·      That a Commission of Inquiry chaired by a Commissioner be considered on merit for major LEP's.

 

 

Giving Reasons

 

·      That persons making formal representations receive reasons in writing, justifying a particular decision by Council.

 

·      Where Council makes a decision departing from its policy or its professional officer's recommendation that Council give reasons for their decision to enable acceptance by the public.

 

·      Reasons should fully explain the decision in a way that is simple and easily understandable to the average member of the public.

 

Appeals or Review

 

·      Members of the public be adequately informed of any available rights of appeal or review (both internal and external) where they are adversely affected by a decision, or a decision is otherwise one which they potentially might wish to challenge.

 

 

NAMBUCCA SHIRE COUNCIL

ENVIRONMENTAL SERVICES

 

ADVERTISING NOTIFICATION POLICY

 

 

DEVELOPMENT WHICH MUST BE ADVERTISED IN LOCAL NEWSPAPER AND ADJOINING NEIGHBOURS NOTIFIED (CL 56 NAMBUCCA LEP 1995)

 

Development for the purpose of:

animal establishments; cluster housing; extractive industries; housing for aged or disabled persons; integrated housing; intensive livestock keeping establishments; junkyards (except within an industrial zone); liquid fuel depots; medium density housing; multiple occupancy; residential flat buildings; stock and sale yards.

COUNCIL’S POLICY FOR ADVERTISEMENT NOTIFICATION OF OTHER DEVELOPMENT APPLICATIONS IS SUMMARISED IN THE FOLLOWING TABLE:

 


 

 

FORM OF NOTICE REQUIRED

 

 

 

PROPOSED DEVELOPMENT/USE

NOTICE IN LOCAL NEWSPAPER

WRITTEN NOTIFICATION TO POTENTIALLY AFFECTED NEIGHBOURS

 

NOTICE         ON-SITE

 

 

Home Occupations; Home Activity

-

X

-

 

Rural Dwellings, Workers Dwellings, Multiple Occupancy

(MO’s - Cl 56 LEP 1995)

 

-

 

X

 

-

 

Medium Density Housing/

Residential Flat Development/ Cluster Housing/Aged & Disabled & Integ­rated Housing (Cl 56 LEP 1995)

 

 

X

 

 

X

 

 

-

Dual Occupancy

-

X

-

 

Residential & Rural Subdivisions

-

X

-

 

Development where exhibition is considered desirable in the public interest ie contentious for social, economic or environ­mental impact reasons

 

 

X

 

 

X

 

 

-

 

Demolition or damaging of a heritage item or building in a conservation area, other than minor/partial demoli­tions (Cl 44 LEP 1995)

 

 

X

 

 

X

 

 

X

 

“Designated Development” under the EP&A Act 1979

X

X

X

 

Non-designated/Animal Establish-ments/Extractive Industries/ Intensive Livestock Keeping Establish­ments/ Junkyards (except Industrial Zone)/Liquid Fuel Depots/ Stock and Saleyards (Cl 56 LEP 1995)

 

 

 

X

 

 

 

X

 

 

 

-

 

Land Clearing (Cl 18 LEP 1995)

-

X

-

 

Industrial Development outside established industrial areas

(Cl 24 LEP 1995)

 

-

 

 

X

 

-

 

 

 


 

PROCEDURES FOR ADVERTISING OR NOTIFICATION

 

 

NON-DESIGNATED DEVELOPMENT

 

NOTICE IN LOCAL NEWSPAPER

WRITTEN NOTIFICATION FROM ADJOINING OR POTENTIALLY AFFECTED NEIGHBOURS

 

NOTICE ON-SITE

Where indicated above, one notice specifying 14 days to lodge written submissions

Letter of notification inviting submissions either supporting or objecting within 14 days

 

Nil

 

 

 

 

 

 

 

 

 

 

 

 

DESIGNATED DEVELOPMENT

 

Two notices published two separate occasions pursuant to Section 84 (1)(a) EP&A Act and Clause 57 EP&A Regulation

Written notification pursuant to Clause 84 (1)(a) and Clause 55 EP&A Regulation. 30 days to respond in writing

Notice on-site pursuant to Section 84 (1)(a) and Clause 56 EP&A Regulation

 

 

HISTORY

 

Considered at Special Works 12 February during consideration of Management Overview Report - Progress - Recommendations.

 

 


POLICY TO BE DELETED

 

ENVIRONMENT AND PLANNING GENERALLY

POLICY NO                                                                  10        (E40)

 

POLICY TITLE                                                              PART V ENVIRONMENTAL PLANNING & ASSESSMENT ACT

 

DEPARTMENT RESPONSIBLE                                      ENVIRONMENT AND PLANNING

 

ADOPTED                                                                     7 NOVEMBER 1996

 

MINUTES NO:                                                               (007)

 

DATE OF LAST REVIEW

 

POLICY STATEMENT

 

1        That all Directors undertake or direct to have undertaken an environmental review before carrying out or approving an "activity" (as defined under Part V of the Environmental Planning and Assessment Act) that falls within their Department expertise.

 

For the purpose of Part V an activity means:

 

¨         the erection of a building

¨         the carrying out of a work (in, on, over or under land)

¨         the use of land or the use of a building or work

¨         the subdivision of land

 

Part V only applies to such activities which DO NOT require development consent.

 

2        Such environmental review shall at a minimum consider the following factors as detailed in the Regulations:

 

Section 56 - For the purposes of Part V of the Act, the factors to be taken into account when consideration is being given to the likely impact of an activity on the environment include whether that activity may cause:

 

a        any environmental impact on a community;

 

b        a transformation of a locality;

 

c        any environmental impact on the ecosystems of the locality;

 

d        any reduction of the aesthetic, recreational, scientific or other environmental quality or value of a locality;

 

e        any effect upon a locality, place or building having aesthetic, anthropological, archaeological, cultural, historical, scientific or social significance or other special value for present or future generations;

 

f         any    impact on the habitat of any protected or endangered fauna (within the meaning of the National Parks and Wildlife Act 1974).

 

g        any endangering of any species of animal, plant or other form of life whether living on land, in water or in the air.

 

h        any long-term effects on the environment;

 

i         any degradation of the quality of the environment;

 

j         any risk to the safety of the environment;

 

k        any reduction in the range of beneficial uses of the environment;

 

l         any pollution of the environment;

 

m       any environmental problems associated with the disposal of waste;

 

n        any increased demands on resources (natural or otherwise) that are, or are likely to become, in short supply;

 

o        any cumulative environmental effect with other existing or likely future activities.

 

Conclusion

 

"Likely to significantly affect the environment

NO

 

YES

 

If ANSWER is NO:

 

Consider any potential environmental impacts then impose environmental safeguards.

 

At this stage approval may issue conditionally or unconditionally in accordance with any delegated power from Council.

 

OR

 

Matter referred to Council with recommendation with the above forming part of report.

 

If ANSWER is YES:

 

Matter to be before Council to confirm and the activity cannot be given approval or be carried out until such time as an environmental impact statement has been prepared, publicly exhibited and considered in accordance with the Act and Regulation.

 

HISTORY

 

This Policy was originally adopted on 28 August 1986.


POLICY TO BE DELETED

 

ENVIRONMENT AND COMMUNITY PLANNING

RIVERCARE PLANS POLICY

POLICY NO                                                                  1         (E54)

 

POLICY TITLE                                                              SAND AND GRAVEL EXTRACTION RIVERCARE AND LANDCARE PROJECTS

 

DEPARTMENT RESPONSIBLE                                      ENVIRONMENT AND COMMUNITY PLANNING

 

ADOPTED                                                                     7 NOVEMBER 1996

 

MINUTES NO:                                                               (007)

 

DATE OF LAST REVIEW

 

 

POLICY STATEMENT

 

That Council's Policy be amended, subject to endorsement of Department of Land and Water Conservation, as follows:

 

a        Landcare/Rivercare groups delegated by the Department of Land and Water Conservation to undertake river improvements/erosion control may extract and dispose of material in the course of these works without the need for development consent. Disposal of material may include sale of extracted material. The Landcare or Rivercare Groups must be appointed a delegate of, or empowered by, the Department of Land and Water Conservation.

 

b        The material must be extracted specifically for the purpose of river improvement/erosion control. This must be certified by the Department of Land and Water Conservation prior to commencement.

 

c        A Review of Environmental Factors is required to be prepared by the Landcare or Rivercare Groups and submitted to the Department of Land and Water Conservation for endorsement. Should it be determined that there would be a significant environmental impact, an Environmental Impact Statement is required.

 

d        The Department of Land and Water Conservation is required to advise Council of approval of a River Plan.

 

HISTORY

 

06.06.96 (TP 122)

 

1        Council received a facsimile from Mac'sville Concrete on 29 May 1996 as follows:

 

a        Nambucca Readymix is extracting gravel from Earl Grace's property. Water Resources advise no known restoration projects being undertaken on that property.

 

b        John Howle has extracted gravel on McKay's property - there is currently 1,000 to 1,500 m3 stockpile at McKay's.

 

          Could you please investigate the above and confirm the outcome.

 

2        The Department of Land and Water Conservation were immediately advised of the complaints on the same day. The Department was requested to provide advice on whether the extractive works received a Permit and if not, whether they intended to take action against the property owners to prevent further extraction.

 

          On 30 May 1996 letters were sent out to Mr David McKay and Stuart Field (refer to circularised documents).

 

3        Stuart Field and Mrs McKay subsequently advised me by telephone that extractive works at Earl Grace's and the McKay properties were authorised by the Land and Water Conservation.

 

4        A meeting was held between Michael Pitt, Regional Manager, Community and Advisory Services (DL&WC), General Manager, Tom Port, Director Operations and Technical Services, Bruce Redman, Quarry Manager, Fred Johnson and Director Environmental Services, Phil Gibbons, on 6 June 1996.

 

          Mr Pitt advised he was in charge of Landcare, TCM, Rivercare activities in the Nambucca Valley. He advised extractive operations carried out on Earl Grace's and David McKay's properties were authorised by the DL&WC under the Nambucca River Task Force. Permits were not required for these extractive works and excess material could be sold commercially. Mr John Bucinskas, DL&WC Coffs Harbour office, will visit the sites on 7 June 1996 to ensure works have been or are being carried out in accordance with the Department instructions.

 

          Mr Pitt advised the proceeds from the sale of excess gravel associated with the Landcare Groups was their responsibility to dispose of and not DL&WC.

 

          He further advised that the Department was now encouraging "River Planning" that is whole stretches of rivers involving a number of property owners. These plans would identify necessary erosion control works, point bar extractive sites, etc. They would be carried out with aerial photography marking out the problems of the river system and works necessary to restore it. These river plans are now being encouraged throughout NSW.

 

          The process is:

 

 

 

 

 

 

 

 

 

River Plan Drawn Up

 

 

 

 

 

 

 

 

 

Usually 4 Months to Prepare

 

 

Landcare Group to Agree to

 

Department of Land and Water Conservation to approve each stage and issue permits for any extraction

 

 

 

 

 

 

 

 

 

TCM to Approve

 

 

 

 

 

 

 

 

 

 

 

 

Council to be informed

 

 

 

 

 

 

 

 

 

 

          The Department is however facing pressure at the moment from extractors to extract from point bar sites which have been identified on these plans but not yet received all necessary approvals.

 

          Mr Pitt advised that money has not been set aside in this coming year State budget for the Nambucca River Taskforce. The Taskforce's immediate future is unknown.

 

5        The former Department of Water Resources provided Council with legal advice in respect of extraction of sand and gravel for erosion control by Rivercare groups. As a result of this advice Council adopted the following Policy a number of years ago:

 

"a       Rivercare groups delegated by the Department to undertake river improvements/erosion control may extract and dispose of material in the course of these works without the need for development consent. Disposal of material may include sale of extracted material. The Rivercare Group must be appointed a delegate of, or empowered by, the Department of Water Resources.

 

b        The material must be extracted specifically for the purpose of river improvement/erosion control. This must be certified by the Department of Water Resources prior to commencement.

 

c        A Review of Environmental Factors is required to be prepared by the Rivercare Groups prior to any extraction. Should it be determined that there would be a significant environmental impact, an Environmental Impact Statement is required.

 

d        The Department of Water Resources is required to advise Council on each occasion where river improvements/erosion control works have been authorised."

 

          To my knowledge, DL&WC or Nambucca River Task Force have not informed Council on the occasions they have issued authority to Landcare Groups for river improvements/erosion control works and the sale of extractive material.

 

          Extractive works carried out without permit or authority of the DL&WC are technically in breach of the Environmental Planning and Assessment Act which Council is responsible for administering. No extractive works should therefore take place without the permit or authority of DL&WC.

 

          Recommend: 1 That the Department of Land and Water Conservation, Nambucca Valley TCM and the Nambucca Valley Landcare Co-ordinator be advised that they are to instruct Landcare or Rivercare Groups that under no circumstances are extraction works to take place unless relevant approvals and permits are in place and Council has been notified.

 


POLICY TO BE DELETED

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

SUBDIVISION OF UNDEVELOPED RESIDENTIAL LAND POLICY

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 6 NOVEMBER 2003 (009)    

Last reviewed: 

 

 

 

1.0        Policy objective

 

 

2.0        Related legislation

 

 

 

3.0        Definitions

 

 

 

4.0        Policy statement

 

POLICY FOR THE SUBDIVISION OF UNDEVELOPED LAND ZONED RESIDENTIAL 2(A), 2(B) AND 2(D)

 

Part 1: Subdivision of Land

 

Objectives:

 

i         To ensure that residential zoned land is developed for urban residential purposes and not for rural residential lots; and

ii        to allow for the orderly and economic provision of reticulated water and sewer services to future residential subdivisions.

 

Where undeveloped land zoned Residential 2(a), 2(b) or 2(d) is to be subdivided for residential purposes:

 

a        the land will be required to be connected to Council’s reticulated water and sewer as part of any subdivision approval. This is to be at the applicant’s expense;

 

b        the land will not be permitted to be subdivided into lots greater than 1500m2, other than the residue lot or designated medium density development lots;

 

c        where the subdivision will result in a residue lot or designated medium density development lots greater than 1500m2 in area, a concept plan will be required for Council’s approval that illustrates how the land may be further subdivided for residential purposes at a later date;

 

d        where an existing house is located on the land, the house must also be connected to Council’s reticulated water and sewer as part of any subdivision approval, unless the subdivision only involves the excision of land for the existing dwelling-house (see Part 2 below).


Part 2: Excision of Existing Dwelling-House

 

Objective:

 

To allow the existing landholder to remain on the land and with reasonable living amenity, while also allowing for the residue parcel to be developed for residential subdivision by other persons.

 

Where undeveloped land zoned Residential 2(a), 2(b) or 2(d) contains an existing dwelling-house, the existing house may be excised from the remainder of the land without the requirement to connect to Council’s reticulated water and sewer, provided that:

 

a          adequate on-site effluent disposal area and potable water supply are available for the existing house and that such services will be wholly contained within the excised lot;

 

b          the excised lot has a maximum area of 1ha;

 

c          reticulated water and sewer services are not located within 75m of the land;

 

d          a restriction as to user be placed on the residue lot requiring that the residue land be connected to Council’s reticulated water and sewer, prior to the erection of any dwelling-house on the land and as part of any future subdivision of the land.

 


POLICY TO BE DELETED

 

 

 

 

NAMBUCCA SHIRE COUNCIL

NOTIFICATION OF APPLICATIONS TO ERECT BUILDINGS POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted: 2 MAY 1996 (010)

Last reviewed: 

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0        Definitions

 

4.0     Policy statement

 

That the following policy for Notification of Applications to Erect Buildings be adopted:

 

Notification of Applications to Erect Buildings

(Chapter 7, Division 4, Local Government Act 1993)

 

In accordance with Part 3 of the Local Government Act 1993, the Council has prepared the following Draft Policy concerning giving notice of building applications to adjoining owners and persons other than persons required to be given notice under Section 114.

 

1        In accordance with Section 158 of the Local Government Act 1993, this policy shall apply to every building application including amended applications received by Council, except where development applications have been previously advertised.

 

2        On receipt of a building application, Council will notify all owners of adjoining land and other owners of lands who are considered by Council who, following inspection of the site by the Building Surveyor, may be detrimentally affected by the building proposal in respect of the issues raised in Section 114 (2) of the Local Government Act.

 

          Those being:-

 

a        the views to and the views from potentially affected land;

 

b        the overshadowing of potentially affected land;

 

c        the privacy of potentially affected land;

 

d        the likelihood of land being detrimentally affected by noise;

 

e        the streetscape;

 

f         drainage and stability of and onto adjoining land;

 

g        any other detrimental effect.


NOTIFICATION OF APPLICATIONS TO ERECT BUILDINGS

 

3        Owners of adjoining land, or land who may be detrimentally affected, may prepare and lodge a submission with Council in respect of such building proposal within a fourteen day period for adjoining landowners and ten days for other landowners.

 

4        Any submission so received, relevant to Section 114 of the Local Government Act, will be included in a report to Council for determination of the building application.

 

5        In the absence of submissions relevant to Section 114 of the Local Government Act, the building application will be processed in the normal manner.

 

6        All potentially affected neighbours of submitted building applications be advised that any submissions made will be redirected to the applicants for their consideration.

 

7        Where issues arising from submissions cannot be resolved between the parties then Council's Building Application Committee is to be convened to assess the application.  Recommendations of the Committee are to be reported to Council for adoption.

 

5.0     History

 

Council at its meeting on 5 August 1993 adopted a draft policy for notification of applications to erect buildings.  This draft policy was advertised in accordance with Part 3 of the Local Government Act, 1993.  In the process of advertising, a copy of the draft policy was also forwarded to every resident builder within the Nambucca Council area.

 

Council received no submissions on the proposed policy.

 


POLICY TO BE DELETED

 

 

 

NAMBUCCA SHIRE COUNCIL

DISABILITY ACTION PLAN

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 5 FEBRUARY 2004 (005)     

Last reviewed: 

 

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

 

THE DELEGATION FOR ACTION PLAN UNDER DISABILITIES DISCRIMINATION ACT SEE "DELEGATIONS" REGISTER S40/9 (2.12)

 

Table of Contents

 

INTRODUCTION AND BACKGROUND                                                         1

Background                                                                                                                                1

Purpose of the Action Plan                                                                                                         2

Reason for Developing the Plan                                                                                                   2

Considerations                                                                                                                           2

Aim                                                                                                                                            3

Principles                                                                                                                                   3

Definition of Disability                                                                                                              4

Council’s Vision                                                                                                                          5

Council’s Mission Statement                                                                                                        5

Council’s Services and Facilities                                                                                                 5

Community Inclusion Policy Statement                                                                                        7

 

Section 1:      People with Disabilities                                                       8

 

Section 2:      Definitions                                                                    10

 


Section 3: Action Plans                                                                        11

                        Physical Access                                                                                                  11

Promoting Positive Community Attitudes                                                               14

Training of Staff                                                                                               15

Information about Services                                                                                17

Employment                                                                                                        19

Complaints Procedures                                                                                        20

Waste Management                                                                                             21

Participation                                                                                                      22

Development                                                                                                       24

Other Areas Requiring Action                                                                             25

 

Section 4:       Checklists                                                                                                       26

 


POLICY TO BE DELETED

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

HOMELESSNESS POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted:  5 JULY 2001

Last reviewed: 

 

 

 

1.0     Policy objective

 

 

2.0     Related legislation

 

 

3.0        Definitions

 

 

4.0     Policy statement

 

4.1     Background

 

The policy has evolved from three key points, which have recently been incorporated into the Local Government and Shires Association's Housing Policy;

 

·           Homelessness is a social justice concern that is not appropriately dealt with as a criminal justice issue;

·           The provision of shelter and support services for homeless people is primarily a State and Commonwealth Government responsibility;

·           Local Government services and facilities should be accessible to all people, including homeless people.

 

4.2     Preamble

 

People are considered homeless when they do not have accommodation that is safe, secure, appropriate and affordable.

 

Council recognises that all people have a right to housing that meets their individual needs and that all people have a right to enjoy public open spaces for activities that do not create an adverse impact on the rights of other users in the community.

 

The current level of homelessness is unacceptable in a modern democratic society. It is an indicator that society has not adequately met the needs of all its community. When people are unable to access adequate housing and are homeless this is a social justice issue, which is not appropriately dealt with through the criminal justice system.

 

Primarily homelessness is a result of ineffective macro economic, housing and social policies that are the responsibility of State and Commonwealth governments. These structural factors lead to the loss of affordable, accessible and appropriate accommodation options, family breakdown, poverty, lack of access to adequate housing, unemployment, health problems, substance abuse and domestic violence.

 

Homelessness occurs in a range of ways. Some people may have become suddenly homeless requiring crisis accommodation, while others may be chronically homeless, sleeping rough in public places over a long period of time.

 

Diverse, multi-disciplinary strategies are required to address this growing problem at a range of levels. Key strategies must involve the adequate provision of effective support services and a range of housing options. These are primarily a State/Commonwealth government responsibility. In comparison, Local Government's capacity to be involved in the provision of these facilities and services is very limited. However, it is appropriate that Council undertake the following to assist and complement the work of other levels of government, the private sector, community based support services and neighbouring Councils. These encompass strategies seeking better services for homeless people and pursuing changes that aim to reduce levels of homelessness.

 

4.3     Strategies

 

Nambucca Shire Council will undertake the following strategies/activities:

 

·           As part of Council's commitment to the social planning process, in partnership with key stakeholders, identify the extent of homelessness in the local area and region, monitor trends in homelessness and develop appropriate strategies for generating action to address homelessness.

 

This process includes:

 

1        Participate in community forums and consultative structures that examine issues of homelessness in the local area;

2        Assist to facilitate a coordinated approach by local support services for homeless people;

3        Work with other key stakeholders to ensure the availability of adequately resourced services and facilities in high need areas;

4        Encourage and participate in the research and development of alternative models of supported accommodation;

5        Examine planning policies of Council and key stakeholders to ensure there is a reasonable distribution of services and facilities for homeless people across the local area and the region;

6        Advocate to State and Commonwealth governments for changes in macro economic, housing and social policies that are linked to the cause of homelessness;

7        Advocate to State and Commonwealth governments for adequate funding for existing homeless support services and for financial support to develop new innovative local approaches to homelessness;

8        With financial assistance from the State and Commonwealth governments, undertake broad community education strategies. This would include explaining some of the issues/problems faced by homeless people to the broader community, providing information about local support services and identifying strategies local communities and individuals can actively pursue;

9        Work with other public and private sector institutions that manage public space (these institutions include National Parks, RTA, State Rail, Department of Health and Education, Public Works, Australia Post etc and large commercial retail outlets) to ensure the rights of homeless people are protected. And together, identify how each could contribute land or buildings to the development of alternative models of housing;

10      Identify strategies to encourage the provision of affordable housing options;

11      Ensure that homeless people are not denied access to Council public services and facilities and that positive measures are taken to encourage use by high need groups such as homeless people;

12      Provide appropriate training to Council staff involved in planning of the urban environment, facilities and services to ensure that the needs of homeless people are taken into account and incorporated into designs;

13      Use Council's community information strategies to provide information to homeless people about where they can access support services and accommodation;

14      Develop and implement policies that ensure that staff who come into contact with homeless people do so in a manner that is consistent with social justice principles;

15      Develop policies that require staff to actively refer identified homeless people to designated support services;

16      Provide appropriate training to Council staff who have contact with homeless people, to talk to them about their needs and provide them with relevant information;

17      In line with current commitments in Council's management plan, where appropriate, provide services to homeless people.

 

 

5.0     History

 

POLICY REFERENCE: Community Services Committee meeting of 12 June 2001 report to Council on 5 July 2001.


POLICY TO BE DELETED

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

BUILDING IN FLOOD PRONE AREAS POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted: 2 MAY 1996 (010)

Last reviewed: 

 

 

 

1.0       Policy objective

 

 

 

2.0       Related legislation

 

 

 

3.0       Definitions

 

 

 

4.0       Policy statement

 

That in regard to dwelling-houses proposed to be constructed on flood prone land, the development application be considered with authority being delegated to the General Manager to approve the appropriate development application as long as such application complies with the State Government's Flood Prone Manual.

 

 


POLICY TO BE DELETED

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

ADVERTISEMENTS—DEVELOPMENT CONTROL PLANS

AND PLANNING INSTRUMENTS POLICY

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 7 NOVEMBER 1996 (007)

Last reviewed by Council:  16 JULY 2008  

Last reviewed by General Manager: 31 MAY 2007

 

 

 

1.0     Policy objective

 

To assist members of the public to understand proposed changes to Development Control Plans and other such Planning Instruments.

 

 

2.0     Related legislation

 

Nil

 

 

3.0        Definitions

 

Nil

 

 

4.0     Policy statement

 

That in regard to advertisements detailing proposed changes to Development Control Plans and other such Planning Instruments, a Media Release be issued in plain English detailing the intent of the proposed changes if, in the opinion of the General Manager, the proposed changes are of significant public interest.

 

 

5.0     History

 

This policy was originally adopted on 19 May 1988.

 

 


POLICY TO BE DELETED

 

 

 

 

NAMBUCCA SHIRE COUNCIL

ELECTRICITY SUPPLY

RURAL-RESIDENTIAL SUBDIVISIONS POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted: 20 MARCH 1997 (030-032)

Last reviewed: 

 

 

 

1.0     Policy objective

 

 

 

2.0     Related legislation

 

 

 

3.0        Definitions

 

Nambucca Local Environmental Plan 1995.

 

 

4.0     Policy statement

 

That Council require underground electricity supply for all future rural-residential estates/ subdivisions comprising 0.5 ha lot sizes.

 

That overhead electricity supply be acceptable for rural-residential estate subdivisions for lot sizes 1ha or more.

 

That Council staff continue to monitor and report to Council on the visual impact of overhead telecommunications cabling and the cumulative visual impact of overhead electricity supply on rural-residential development.

 

 

4.1     History

 

Director Environmental Services’ Report 20.03.97

 

Council has requested that I prepare a report on whether a policy for underground electricity supply for rural-residential subdivisions is required.

 

Clause 11 of Council's DCP - Rural Development Code specifies that all allotments created shall be provided with a reticulated electricity supply. Prior to release of the plan of subdivision the applicant shall provide evidence to Council that satisfactory arrangements have been made with North Power.

 

North Power has recently advised the difference in cost between overhead power and underground power is approximately $2,400 per lot.

 

In considering whether rural-residential subdivisions should be served by underground services including electricity Council should have regard to:

 

·          some 7,000ha of rural-residential zoning is available for subdivision. This is a large area with potential for significant cumulative visual impact throughout the rural areas of the Shire.

·          where overhead supply is available telecommunication companies Optus and Telstra will link into the system (Pay TV, Cable TV). Overhead cabling is likely to have a much more significant visual impact in the future from such telecommunications.

 

Against these potential visual impacts Council must consider the additional cost burden on developers initially and ultimately the land purchaser.

 

To my knowledge, only two rural-residential subdivisions, Gilston Estate, Macksville and Palmwood Estate, Nambucca Heads have underground power. All others including, Kingsworth, Red Hill and Bald Hill Estates have overhead power.

 

If Council is to require underground power it should initially apply to the estates where minimum lots sizes 0.5ha or cluster housing developments apply. These estates require reticulated water and sewer to be provided. Underground services with respect to these subdivisions would be desirable.

 

In the case of lot sizes 1ha or more underground services do not appear warranted at this time. On-going monitoring should occur however, to ensure future overhead telecommunications cabling and the cumulative effect of overhead power lines for rural-residential subdivisions does not detract from the visual amenity of rural neighbourhoods.

 


POLICY TO REVIEWED
(See amended Policy following)

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RURAL PROPERTIES – BOND FOR SECOND DWELLING POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted:  20 APRIL 2000

Last reviewed: 

 

 

 

1.0     Policy objective

 

To provide Council with a way of ensuring where required, only one dwelling is inhabitable on a rural property where only one dwelling entitlement exists.

 

 

2.0     Related legislation

 

Nambucca Local Environmental Plan 1995

 

 

3.0        Definitions

 

See Nambucca Local Environmental Plan 1995

 

 

4.0     Policy statement

 

Council will adopt the following approach when dealing with the approval of second dwellings on rural properties.

 

“When an application is submitted seeking Council’s approval for the erection of a dwelling-house, and that property contains an existing dwelling-house, Council will require the payment of a $1,100 bond prior to the release of the Construction Certificate to ensure that the existing dwelling-house is demolished or rendered uninhabitable prior to occupation of the dwelling approved by the relevant consent. This policy shall apply to all existing dwellings, regardless of whether they were erected legally or illegally.”

 


RECOMMENDED AMENDED POLICY

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RURAL PROPERTIES – BOND FOR SECOND DWELLING POLICY

 

 

 

Function:  ENVIRONMENT AND PLANNING

 

 

Adopted:  20 APRIL 2000

Last reviewed:  16 JULY 2008

 

 

 

1.0     Policy objective

 

To provide Council with a way of ensuring where required, only one dwelling is inhabitable on a rural property where only one dwelling entitlement exists.

 

 

2.0     Related legislation

 

Nambucca Local Environmental Plan 1995

 

 

3.0        Definitions

 

See Nambucca Local Environmental Plan 1995

 

 

4.0     Policy statement

 

Council will adopt the following approach when dealing with the approval of second dwellings on rural properties.

 

“When an application is submitted seeking Council’s approval for the erection of a dwelling-house, and that property contains an existing dwelling-house, Council will require the payment of a bond prior to the release of the Construction Certificate to ensure that the existing dwelling-house is demolished or rendered uninhabitable prior to occupation of the dwelling approved by the relevant consent. This policy shall apply to all existing dwellings, regardless of whether they were erected legally or illegally.”

 

The amount of bond shall be as identified in Council’s annually adopted fees and charges.

 


POLICY TO BE REVIEWED
(See amended Policy following)

 


 

 

 

 

NAMBUCCA SHIRE COUNCIL

RURAL DWELLINGS — ILLEGAL POLICY

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 18 NOVEMBER 1999 (012)    

Last reviewed: 

 

 

1.0        Policy objective

 

 

2.0        Related legislation

 

 

3.0        Definitions

 

See Nambucca Local Environmental Plan 1995

 

 

4.0        Policy statement

 

1          That where illegal structures are identified by Council staff in the course of their duties, property owners/occupiers be advised that they will be unable to obtain development approval of Council to legalise such structures. Council staff will record details on their property statistics file and inform prospective purchasers through Section 149 Planning Certificates that such structure is illegally erected. Property owners/occupiers may apply to Council for a Building Certificate under Section 149A of the EP&A Act or they may need to carry out certain work before such a Building Certificate would be issued.

 

2          The Council may make an Order pursuant to number 2 in the Table to Section 121B of the EP&A (Amendment) Act 1979 to demolish or remove a building in three circumstances, being firstly, where the building was erected without prior development consent where prior development consent was required, secondly, where the building is or is likely to become a danger to the public, and thirdly, where the building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighbourhood.

 

3          Property owners/occupiers of illegally erected dwellings be informed that the Council will be unable to guarantee any improved services to their property because the dwelling was erected illegally and the Council was not given any opportunity to assess and provide for the development by way of appropriate Section 94 Contributions and other suitable conditions.

 


RECOMMENDED AMENDED POLICY


 

 

 

 

NAMBUCCA SHIRE COUNCIL

RURAL DWELLINGS — ILLEGAL POLICY

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 18 NOVEMBER 1999 (012)

Last reviewed:  16 JULY 2008

 

 

1.0        Policy objective

 

To enable Council to provide accurate advice to and pursue appropriate action with property owners, occupiers and potential purchaser of illegally erected rural dwellings.

 

2.0        Related legislation

 

Environmental Planning & Assessment Act 1979

Nambucca Local Environmental Plan 1995

 

3.0        Definitions

 

See Nambucca Local Environmental Plan 1995.

 

An “illegal rural dwelling” refers to a structure erected/installed without development consent (where such consent is required), being so erected or installed on land that is identified as an “existing parcel” in accordance with Council’s Planning Instruments, and benefits from a building entitlement, and being occupied for habitable purposes.

 

4.0        Policy statement

 

4.1     That where illegal structures are identified by Council staff in the course of their duties, property owners/occupiers be advised that they will be unable to obtain development approval from Council to legalise such structures. Council staff will record details as they become aware on their property statistics file and inform prospective purchasers through Section 149(5) Planning Certificates that such structure is illegally erected. Property owners/occupiers may apply to Council for a Building Certificate under of the EP&A Act. After inspection of the property Council may issue a Building Certificate or may require certain work/s to be completed before such a Building Certificate would be issued.

 

4.2     The Council may make an Order pursuant to Section 121B of the EP&A (Amendment) Act 1979 to demolish or remove a building in three circumstances, being firstly, where the building was erected without prior development consent where prior development consent was required, secondly, where the building is or is likely to become a danger to the public, and thirdly, where the building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighbourhood.

Text Box: D R A F T
 


4.3     Property owners/occupiers of illegally erected dwellings be informed that Council will be unable to guarantee any improved services to their property because the dwelling was erected illegally and Council was not given any opportunity to assess and provide for the development by way of appropriate Section 94 Contributions and other suitable conditions.


POLICY TO BE REVIEWED
(See amended Policy following)

 

POLICY NO:                                                     2  (H4)

 

POLICY TITLE                                                  WATER CARTERS

 

DEPARTMENT RESPONSIBLE                          ENVIRONMENT & COMMUNITY SERVICES

 

ADOPTED                                                         6 FEBRUARY 2003

 

MINUTES NO:                                                   (079)

 

DATE OF LAST REVIEW                                  

 

POLICY STATEMENT

 

That Council adopt the NSW Health Guidelines for Water Carters dated 12 December 2002 as policy with amendments to Section 3 as detailed below.

 

HISTORY

 

The NSW Health Department has developed guidelines for the operation of water carting vehicles supplying water for drinking and domestic use.

 

The responsibility of regulating water carting vehicles and therefore ensuring the product is fit for human consumption rests firmly with Local Government.

 

The guidelines state that “ideally the water tank should be used only for the transport of potable water. Where the tank has been used for transport of non-hazardous materials other than potable water, the tank must be cleaned and disinfected prior to filling with potable water”.

 

The procedure outlined under Section 3 of the guidelines is considered extremely arduous and will be difficult to monitor for the responsible authority. For these reasons it is essential that vehicles licensed by Council transport potable water only.

 

1        LEGISLATION

 

The treatment and handling of water that is used or intended to be used for human consumption gives rise to a general duty of care and is also specifically regulated by law under the Public Health Act 1991, the Food Act 1989, and the Local Government Act, 1993.

 

          (i)       Food Act, 1989

 

Section 3 of the Food Act 1989, defines food as:

 

          “a substance or compound commonly used, or represented as being for use, as food or drink for human consumption or as an ingredient (whether or not after processing) of food or drink for human consumption or use,….”

 

If a water supply authority sells water to a water carter as potable and fit for human consumption then it is a food for the purpose of the Food Act, 1989. Similarly, if a water carter sells water to a consumer as potable and fit for human consumption then it is a food.

 

If the water contains any foreign matter it may be considered adulterated under Section 8 (n) of the Food Act, 1989, and the supplier may have committed an offence under Section 9 (3) of that Act by selling the water.

 

The water tank and hoses etc are also subject to specifications set out in the document issued by Safe Food Australia, A Guide to the Food Safety Standards—Standards 3.2.2, Division 5—Cleaning, sanitising and maintenance (clauses 19 to 21).

 

          (ii)      Public Health Act, 1991

 

Under Section 101 of ;the Public Health Act, 1991, the Chief Health Officer may give direction to prevent or restrict the use of water supplied by a carter or give directions to bring the water into a safe condition.

 

Local Government Act, 1993

 

The Local Government Act, 1993 and Local Government (Orders) Regulations, 1999, also contain specific provisions for the regulation of water carting vehicles by local councils. Section 124 of the Act sets out the council’s powers to order the owner or operator of a vehicle used for the storage and transportation of food (including drinking water) to take action as specified by the council to render the vehicle in a clean or sanitary condition. Part 4, Clause 19 of the Orders Regulations specifies particular requirements, including that a water carting vehicle must have an aperture that is large enough to enable easy inspection and thorough cleaning of the interior and must have a cover that is able to be kept clean.

 

A clean or sanitary condition has not been defined in the Local Government Act, 1993, but If the conditions below are met the water and vehicle would be considered clean and sanitary.

 

Section 68(2) Part B(1) of the Local Government Act, 1993, allows a person to draw water from a council water supply and sell the water, but only with the prior approval of the council.

 

The Local Government Act, 1993, also contains a provision excluding liability and claims under certain circumstances, if the matter or thing (actions or omissions) was done in good faith for the purpose of executing the Act. However, if the Council (water supply authority) is aware of the problem and has failed to do anything to remedy the situation, it is unlikely that it is acting in good faith.

 

2        WATER QUALITY

 

          (i)       Guidelines

 

Water carter operators providing potable water for human consumption should source water from a water supply that meets the 1996 NHMRC/ARMCANZ Australian Drinking Water Guidelines (ADWG). The water must meet the microbiological guidelines as a minimum. Appropriate sources of water would include abstraction from reticulated supplies, or directly from a bulk water supplier at the point of treatment.

 

The water source must not exceed drinking water guidelines for blue-green algae or their toxins. It is the responsibility of the water carter to ensure that this requirement has been met.

 

Note: When water that meets the ADWG is added to an empty rainwater tank it may resuspend the sludge in the bottom of the rainwater tank creating taste and turbidity problems.

 

          (ii)      Treatment

 

The water source should be chlorinated prior to carting, to ensure the safety of the supply. The operator must maintain an adequate chlorine residual up to the point of supply to consumers.

 

An adequate free chlorine residual would be between 0.2 – 1.0 mg/L, depending on the quality of the source water. This can be obtained by adding 8 grams (one dessert spoon) of calcium hypochlorite (granular) at 65% strength per 10,000 litres giving 0.5 mg/L of chlorine.

 

Alternatively, if sodium hypochlorite (liquid) is used add 40 ml at 12.5% strength per 10,000 litres of water to give 0.5 mg/L of chlorine. (Free chlorine will be less depending on turbidity, colour etc and should be checked.)

 

3        WATER TANK AND VEHICLE

 

The water tank shall be used only for the transport of potable water. All tanks constructed of mild steel should be coated or lined with a material that complies with AS/NZS 4020:1999 Products for use in contact with drinking water.

 

The vehicle tank and apparatus shall be submitted once every twelve months for inspection.

 

4        HOSES

 

Hoses must be made of food grade material. Hoses and fittings must be capped or stored in a dust proof container during transport or when not being used.

 

Where the tank has been used for transport of non-hazardous materials other than potable water, the hose must be cleaned, flushed out and then disinfected by filling with water and chlorinated to at least 5.0 mg/L free chlorine for a minimum of 30 minutes.

 

5        STANDPIPES AND HYDRANT BOXES

 

Fixed standpipes must have an air gap to prevent backflow into the reticulated supply.

 

Hydrant boxes should be self draining, mounted above ground level and not collect surface runoff.

 

Any tanks being filled from a reticulated supply via a removable standpipe must have a backflow prevention device that complies with the NSW Code of Practice for Plumbing and Drainage.

 

Removable standpipes should be flushed if the hydrant box is full of water, to discard any contaminated water.

 

6        LOG BOOKS

 

A water carter must keep a log book in each vehicle to record information of deliveries. Details must include the following:

 

v   All dates of extraction and delivery

v   Source of water

v   Location of extraction

v   Customers name and delivery address

v   Volume delivered

v   When the tank was last cleaned and materials transported

v   Free chlorine level.

 

7        REGISTER OF WATER CARTERS

 

A record of water carters that draw from the reticulated water supply must be kept by the local Council.

 

Details should include:

 

v   Name of owner

v   Name of business

v   Contact details for owner of the business

v   Details of water carting vehicles, drivers, make, model, registration, tank volume, type of tank eg temporary mounted tanks etc

v   Date of last inspection of each vehicle.


RECOMMENDED AMENDED POLICY

 

 

 

NAMBUCCA SHIRE COUNCIL

WATER CARTERS POLICY

 

 

 

Function: ENVIRONMENT AND PLANNING

 

 

Adopted: 6 FEBRUARY 2003 

Last reviewed: 16 JULY 2008

 

 

 

1.0       Policy objective

 

To ensure vehicles and equipment used for the transportation and supply of potable water, comply with relevant standards and legislation.

 

 

2.0       Related legislation

 

Local Government Act 1993, Food Act 2003, Australian Drinking Water Guidelines 2004 (see end of Policy (6.0) for further information)

 

 

3.0       Definitions

 

As per the various Acts.

 

 

4.0       Policy statement

 

That Council adopt the NSW Health Guidelines for Water Carters dated 12 December 2002 as policy with amendments to Section 3 as detailed below.

 

 

5.0       History

 

The NSW Health Department has developed guidelines for the operation of water carting vehicles supplying water for drinking and domestic use.

 

The responsibility of regulating water carting vehicles and therefore ensuring the product is fit for human consumption rests firmly with Local Government.

 

The guidelines state that “ideally the water tank should be used only for the transport of potable water. Where the tank has been used for transport of non-hazardous materials other than potable water, the tank must be cleaned and disinfected prior to filling with potable water”.

 

The procedure outlined under Section 3 of the guidelines is considered extremely arduous and will be difficult to monitor for the responsible authority. For these reasons it is essential that vehicles licensed by Council transport potable water only.


6.0       LEGISLATION

 

The treatment and handling of water that is used or intended to be used for human consumption gives rise to a general duty of care and is also specifically regulated by law under the Public Health Act 1991, the Food Act 2003, and the Local Government Act, 1993.

 

i           Food Act, 1989

 

If a water supply authority sells water to a water carter as potable and fit for human consumption then it is a food for the purpose of the Food Act, 2003. Similarly, if a water carter sells water to a consumer as potable and fit for human consumption then it is a food.

 

If the water contains any foreign matter it may be considered adulterated under Section 8 (1) of the Food Act, 2003, and the supplier may have committed an offence under Sections 13 & 14 (1) & (2) of that Act by selling the water.

 

The water tank and hoses etc are also subject to specifications set out in the document issued by Safe Food Australia, A Guide to the Food Safety Standards—Standards 3.2.2, Division 5—Cleaning, sanitising and maintenance (Clauses 19 to 21).

 

ii          Public Health Act, 1991

 

Under Section 101 of ;the Public Health Act, 1991, the Chief Health Officer may give direction to prevent or restrict the use of water supplied by a carter or give directions to bring the water into a safe condition.

 

Local Government Act, 1993

 

The Local Government Act, 1993 and Local Government (General) Regulations, 2005, also contain specific provisions for the regulation of water carting vehicles by local councils. Section 124 of the Act sets out the council’s powers to order the owner or operator of a vehicle used for the storage and transportation of food (including drinking water) to take action as specified by the council to render the vehicle in a clean or sanitary condition. Part 3, Clause 95 of the Orders Regulations specifies particular requirements, including that a water carting vehicle must have an aperture that is large enough to enable easy inspection and thorough cleaning of the interior and must have a cover that is able to be kept clean.

 

A clean or sanitary condition has not been defined in the Local Government Act, 1993, but If the conditions below are met the water and vehicle would be considered clean and sanitary.

 

Section 68(2) Part B(2) of the Local Government Act, 1993, allows a person to draw water from a council water supply and sell the water, but only with the prior approval of the council.

 

The Local Government Act, 1993, also contains a provision excluding liability and claims under certain circumstances, if the matter or thing (actions or omissions) was done in good faith for the purpose of executing the Act. However, if the Council (water supply authority) is aware of the problem and has failed to do anything to remedy the situation, it is unlikely that it is acting in good faith.

 

 

7.0       WATER QUALITY

 

i           Guidelines

 

Water carter operators providing potable water for human consumption should source water from a water supply that meets the 2004 NHMRC/ARMCANZ Australian Drinking Water Guidelines (ADWG). The water must meet the microbiological guidelines as a minimum. Appropriate sources of water would include abstraction from reticulated supplies, or directly from a bulk water supplier at the point of treatment.

 

The water source must not exceed drinking water guidelines for blue-green algae or their toxins. It is the responsibility of the water carter to ensure that this requirement has been met.


Note: When water that meets the ADWG is added to an empty rainwater tank it may resuspend the sludge in the bottom of the rainwater tank creating taste and turbidity problems.

 

ii          Treatment

 

The water source should be chlorinated prior to carting, to ensure the safety of the supply. The operator must maintain an adequate chlorine residual up to the point of supply to consumers.

 

An adequate free chlorine residual would be between 0.2 – 1.0 mg/L, depending on the quality of the source water. This can be obtained by adding 8 grams (one dessert spoon) of calcium hypochlorite (granular) at 65% strength per 10,000 litres giving 0.5 mg/L of chlorine.

 

Alternatively, if sodium hypochlorite (liquid) is used add 40 ml at 12.5% strength per 10,000 litres of water to give 0.5 mg/L of chlorine. (Free chlorine will be less depending on turbidity, colour etc and should be checked.)

 

 

8.0       WATER TANK AND VEHICLE

 

The water tank shall be used only for the transport of potable water. All tanks constructed of mild steel should be coated or lined with a material that complies with AS/NZS 4020:2002 “Testing of Products for use in contact with Drinking Water, and AS 2070-1999 “Plastic Materials for Food Contact Use”.

 

The vehicle tank and apparatus shall be submitted once every twelve months for inspection.

 

 

9.0       HOSES

 

Hoses must be made of food grade material. Hoses and fittings must be capped or stored in a dust proof container during transport or when not being used.

 

Where the tank has been used for transport of non-hazardous materials other than potable water, the hose must be cleaned, flushed out and then disinfected by filling with water and chlorinated to at least 5.0 mg/L free chlorine for a minimum of 30 minutes.

 

 

10.0      STANDPIPES AND HYDRANT BOXES

 

Fixed standpipes must have an air gap to prevent backflow into the reticulated supply.

 

Hydrant boxes should be self draining, mounted above ground level and not collect surface runoff.

 

Any tanks being filled from a reticulated supply via a removable standpipe must have a backflow prevention device that complies with the NSW Code of Practice for Plumbing and Drainage.

 

Removable standpipes should be flushed if the hydrant box is full of water, to discard any contaminated water.

 

 


11.0      LOG BOOKS

 

A water carter must keep a log book in each vehicle to record information of deliveries. Details must include the following:

 

v   All dates of extraction and delivery

v   Source of water

v   Location of extraction

v   Customers name and delivery address

v   Volume delivered

v   When the tank was last cleaned and materials transported

v   Free chlorine level.

 

12.0      REGISTER OF WATER CARTERS

 

A record of water carters that draw from the reticulated water supply must be kept by the local Council.

 

Details should include:

 

v   Name of owner

v   Name of business

v   Contact details for owner of the business

v   Details of water carting vehicles, drivers, make, model, registration, tank volume, type of tank eg temporary mounted tanks etc

v   Date of last inspection of each vehicle.

 


POLICY TO BE REVIEWED
(See amended Policy following)

 

BUILDING

POLICY NO 11                                           (B3)

 

POLICY TITLE                                            TEMPORARY RESIDENTIAL OCCUPATION

                                                                  OF INDUSTRIAL SITES

 

DEPARTMENT RESPONSIBLE                    ENVIRONMENT AND COMMUNITY PLANNING

 

ADOPTED    4 NOVEMBER 1993

 

MINUTES NO:                                            (010)

 

DATE OF LAST REVIEW

 

POLICY STATEMENT

 

 

1        Application shall be submitted in writing to Council every twelve (12) months for the occupation of any industrial site.

 

2        The application shall be accompanied by an annual fee.

 

3        The period of occupation is for twelve (12) months and each site must be kept clean and tidy at all times.

 

4        Adequate washing, cooking, bathing and toilet facilities must be provided on site to the satisfaction of the Director Environment and Community Planning.

 

5        The premises must be connected to Council's sewerage system or have an adequate approved septic system.

 

6        The temporary structure is to be used as the caretakers residence only.

 

7        The temporary structure is to be screened from the street.

 

8        Maximum of one (1) structure per industrial site.

 

9        Delegated authority be granted to the General Manager to deal with applications for temporary occupation of industrial sites.

 

 

DEFINITIONS

 

"Temporary structure" is defined as:

 

A       "Registerable moveable dwelling" means a moveable dwelling that is, or is capable of being, registered under the Motor Traffic Act, 1909 and includes a caravan;

 

OR

 

B       "Unregistrable moveable dwelling" means a moveable dwelling of the kind described as follows:

 

a        designed for human habitation;

 

b        constructed on and transportable, in one or more parts, by means of its own chassis; and

 

c        capable of being placed and removed from a site within 24 hours.

 

Each residence will need to provide a satisfactory landscaping and carparking arrangement as well as not interfering with the provision of the same associated with the industrial use of the site.

 

 

HISTORY

 

Council at its meeting on 2 September 1993 approved a draft policy on temporary residential occupations of industrial sites. In accordance with Part 3 of the Local Government Act 1993 this draft policy was advertised for the appropriate period of time with Council receiving no submissions.

 

In accordance with Part 3 of the Local Government Act 1993, the Council adopted this Policy on 4 November 1993 concerning the criteria to be adopted in determining building applications.


RECOMMENDED AMENDED POLICY

 

 

 

 

NAMBUCCA SHIRE COUNCIL

TEMPORARY RESIDENTIAL OCCUPATION OF INDUSTRIAL SITES POLICY

 

 

 

Function: ENVIRONMENT AND PLANNING

 

 

Adopted: 2 MAY 1996 (010)

Last reviewed: 16 JULY 2008

 

 

 

1.0     Policy objective

 

Control residential developments within industrial areas.

 

 

2.0     Related legislation

 

Nambucca Local Environmental Plan 1995 – part 5 – Industrial Zones 4(a) & (b)

Motor Transport (Vehicles Registration) Act 1997

Local Government Act

Local Government (Manufactured Homes Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005

 

 

3.0        Definitions

 

"Temporary structure" is defined as:

 

A       "Registerable vehicle" means any trailer registered under the Road Transport (Vehicle Registration) Act 1997 and includes a trailer/caravan;

 

OR

 

B       "Relocatable Home" means a manufactured home, or any other moveable dwelling of the kind defined in the Local Government (Manufactured Homes Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005:

 

Each residence will need to provide a satisfactory landscaping and car parking arrangement as well as not interfering with the provision of the same associated with the industrial use of the site.

 

Other definitions as per Legislations in 2.0

 


4.0     Policy statement

 

That the following criteria be applied when application is made for Temporary Residential Occupation of Industrial Sites:

 

Temporary Residential Occupation of Industrial Sites

 

1        The temporary occupation of an industrial site must be in conjunction with a lawful industrial use of the land.

 

2        Application shall be submitted in writing to Council every twelve (12) months for the occupation of any industrial site.

 

3        The application shall be accompanied by an annual fee.

 

4        Subject to “2” above, the licensing period of occupation is for twelve (12) months and each site must be kept clean and tidy at all times.

 

5        Adequate washing, cooking, bathing and toilet facilities must be provided on-site.

 

6        The premises must be connected to Council's sewerage system or have an adequate approved on-site sewage management system.

 

7        The temporary structure is to be used as the caretakers residence only.

 

8        The temporary structure is to be screened from the street.

 

9        Maximum of one (1) structure per industrial site.

 

10      Delegated authority be granted to the General Manager to deal with applications for temporary occupation of industrial sites.

 

 

5.0     History

 

Council at its meeting on 2 September 1993 approved a draft policy on temporary residential occupations of industrial sites. In accordance with Part 3 of the Local Government Act 1993 the original draft policy was advertised for the appropriate period of time with Council receiving no submissions.

 

 

Attachments:

There are no attachments for this report.

 


Works Inspection Committee

16 July 2008

Director Environment & Planning's Report

ITEM 9.3      DA2007/232      160708         Report for Determination of DA 2007/232 - Dual Occupancy - 15 Mcleod Drive, Scotts Head

 

AUTHOR/ENQUIRIES:     Ben Oliver, Senior Town Planner         

 

Summary:

 

Applicant:                      Greg Hamilton

 

Proposal:                       Attached Dual Occupancy

 

Property:                        Lot 17 DP 1063717, 15 McLeod Drive, Scotts Head

 

Zoning:                           Zone 2(a) Residential

 

The development application is for an attached two storey dual occupancy on a corner allotment, within a newly developing residential estate in Scotts Head.

 

Since the lodgement of the application on 24 May 2007, concerns have been raised with the applicant about the design of the proposal and in particular, its failure to provide sufficient on-site car parking. The applicant was initially advised of these issues on 12 June 2007. A further letter was sent to the applicant on 14 March 2008 requesting that amended plans be submitted or the application be withdrawn. In response, amended plans were submitted on 27 March 2008, however the amended plans failed to resolve all of the issues of concern.

 

It is considered that the site could accommodate an appropriately designed dual occupancy development that could reasonably comply with all relevant development standards. The fundamental design flaw is that the proposal does not attempt to comply with Councils requirements, but rather depends on variations to development standards. It is not considered that the applicant has provided reasonable justification for the proposed variations to the DCP requirements.

 

Given that the applicant is not prepared to make any further amendments to the proposal to ensure that it complies, the application is reported to Council with a recommendation for refusal.

 

 

Recommendation:

 

That development application 2007/232 for the erection of an attached dual occupancy be refused for the following reasons:

 

1          Pursuant to Section 79C(1)(a)(iii), the proposed development does not provide sufficient car parking, and the proposed stack parking provided to comply with the required number of car parking spaces, does not satisfy section 2 or 4.11 of Development Control Plan No 1 – Off Street Parking.

 

2          Pursuant to Section 79C(1)(a)(iii), the proposed development does not comply with the minimum building line setbacks in accordance with section 6.1 of Development Control Plan No 11 – Building Line Setbacks and the request to vary the setback is not supported.

 

3          Pursuant to Section 79C(1)(b), the proposed development will have an adverse impact on an adjoining property by the uncontrolled disposal of stormwater.

 

4          Pursuant to Section 79C(1)(e) of the Environmental Planning and Assessment Act, 1979, it is considered that the proposed development is not in the public interest as it will result in variations to Council adopted development standards, which may result in an undesirable precedent being set for similar applications.

 

 


OPTIONS:

 

As an alternative to the recommendation, Council has the option of approving the development application, on the basis of permitting a variation to the requirement for adequate on-site car parking DCP(1) and building line setbacks (DCP 11). Should Council take this option, it is recommended that the proposal be returned back to Council’s Planning Staff to apply the required conditions of consent to address the stormwater discharge and normal building and development conditions.

 

It is highlighted that the option to approve the application should only be considered where the applicant can demonstrate that the variations are reasonable and Council is satisfied that approval of the variation will not lead to an undesirable precedent being set which undermines the intent of the development standards.

 

 

PROPOSAL:

 

The proposal is for an attached 2 storey dual occupancy on a vacant corner allotment of land which has a site area of 655.6m2. The units will be joined by a common party wall running diagonally through the site, with floor plans being mirror reversed and courtyards provided at the front and rear of the building. The architectural design of the building is contemporary with skillion roofs that encroach into the building line setback and achieve a maximum height of 8 metres above natural ground level.

 

To take advantage of the corner allotment, vehicular access is proposed to each unit from separate street frontages to allow for separate driveways leading to single garages. A second car space is proposed for each unit by stack or tandem parking on the driveway in front of the garaged space. The proposal does not comply with Council’s DCP (1) on the basis of insufficient car parking and proposing stack parking to resolve the deficiency.

 

 

CONSULTATION:

 

The application has been considered by Council’s Operations and Technical Services and Health and Building Departments.

 

It was noted that the proposal intends to discharge stormwater onto adjoining land at the rear of the property, which is unacceptable and a reason for refusing the application. However, it is acknowledged that a design solution, involving changing the roof line and location of stormwater pipes, would allow for discharge of storm water to the street, in accordance with Council’s requirements.

 

Subject to resolution of the stormwater drainage concerns, there are no specific building or engineering issues which would preclude approval of the proposal.

 

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

 

In its assessment of a development application, Council is required to take into consideration the following matters:

 

(a)        the provisions of

 

(i)         any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

The land is zoned Residential 2(a) (Low – Medium Density) and has a 8m height limit. The proposal is permissible within the zone and does not exceed the 8m height limit.

 


North Coast Regional Environmental Plan

 

There are no relevant provisions of the Regional Environmental Plan that specifically apply to the proposed development.

 

(ii)        any draft environmental planning instrument

 

No draft environmental planning instruments currently apply to the land or the proposed development.

 

(iii)       any development control plan (DCP)

 

1          DCP(1) – Off-Street Parking applies to the site. The proposal does not comply with DCP(1), because it provides insufficient car parking and depends on stack parking to achieve the required number of car parking spaces for each unit.

 

Comment

 

In accordance with DCP(1), the only circumstance in which stack parking for a dual occupancy development would be acceptable would be if it was in addition to the required number of car parking spaces already provided.

 

To comply with DCP(1), the development must provide 2 car spaces per unit. The development only provides a single garage per unit and proposes that the required second space be permitted on the driveway in front of the garaged space. The development therefore depends on stack or tandem parking to satisfy the required number of on-site car parking spaces. DCP(1) clearly does not permit stack parking for dual occupancy development. This concern was conveyed to the applicant when the proposal was first submitted, however the amended plans failed to address the issue.

 

The reasons for not permitting stack parking for dual occupancy and medium density housing are well founded and applied reasonably consistently in regional areas and this Council where there is an absence of public transport opportunities and a dependence on private motor vehicles. In this context, it is considered that development should be designed to provide adequate on-site parking which is separately accessible and available to the occupants of the development. Where adequate parking is not provided on-site, the inevitable result is that the public road system is utilised for long-term resident parking, leading to congestion of the public road network.

 

Addressing the provision of adequate car parking to comply with the DCP is a design issue that needs to be resolved by the applicant. The fundamental design flaw with the subject proposal is that it depends on stack parking, when stack parking is clearly not permitted. On this basis, the development does not provide sufficient car parking to comply with DCP(1).

 

2          DCP(11) – Building Line Setbacks applies to the site. The minimum building line setback for the area is 6 metres towards the primary street frontage, with a concession of 3 metres allowed to the secondary street frontage, on the basis that the site is a corner lot with two street frontages.

 

Comment

 

The proposal does not fully comply with the minimum building line setback by proposing a variable setback which includes building encroachments towards the primary street frontage. The building encroachments include part of the roof and upper floor balcony orientated towards the street as well as a large roofed area which is attached to and partially covers the garage and entrance of Unit 1. Compliance with Council’s minimum building line setbacks, requires that the building maintain a setback of at least 6m to the primary street frontage (the northern street) and 3m to the secondary street frontage (the eastern street). The applicant has submitted a request to vary the building line setback with encroachments of up to 2.5–4.0m from the primary street frontage, while maintaining a 3m setback to the secondary street frontage. The request to vary the setback is made in the context of providing a staggered or articulated building setback, where encroachments are balanced against the overall setback along the length of the building on both street frontages.

 

In response to the request to vary the building line setback, the Planning Department are prepared to concede that there is architectural merit in designing a building with articulation and in this context, minor encroachments may be allowed where the visual impact to the streetscape is acceptable and the building does not dominate the site or its surroundings. The concern with the proposed development is that the encroachments will result in the main part of Unit 1 not complying with the 6m setback by being setback approximately 2.5–4.0m from the primary street frontage. The visual impact of decreasing the setback, will be that the building will dominate the streetscape and be incompatible and out of character with other recently approved development in the locality, which have maintained a 6m setback. On this basis the variations are considered excessive and are not supported by the Planning Department.

 

As with the request to vary development standards in DCP(1), the applicant has failed to consider the primary importance of compliance with minimum development standards as the starting point for the design of the building in achieving a good urban design outcome. As a result, the development depends on Council making variations to minimum development standards to make the proposal fit on the site. There is no reason why the design of the development could not be modified to better comply with the building line setback.

 

(iiia)     any planning agreement

 

There is no planning agreement that applies to the land or the proposed development.

 

(iv)       any matters prescribed by the regulations

 

The proposal is within the coastal zone and therefore requires consideration of the matter listed under clause 8 of SEPP 71- Coastal Protection. There are no issues of concern in regard to these matters.

 

b          the likely impacts of the development

 

The main concern with the proposal is its non-compliance with DCP(1) and DCP(11) and the fact that the acceptance of variations to development standards, which would have the effect of setting an undesirable precedent, whereby other proposals could similarly expect to vary development standards without proper justification.

 

The likely impacts of providing insufficient on-site car parking to service the development, is that private cars and also recreation vehicles such as trailers and boats will more frequently be parked or garaged on the street, leading to congestion of the local road network.

 

The proposed method of stormwater disposal to the rear of the site and onto the adjoining private property is clearly unacceptable and not in accordance with Council’s requirements for management of stormwater in an urban environment.

 

c          the suitability of the site for the development

 

The site is serviced and reasonably flat and level and is therefore considered to be unconstrained. There are no constraints which would preclude developing the land for the purpose of a single dwelling or an appropriately designed dual occupancy.

 

d          any submissions made in accordance with the Act or the regulations

 

The application has been notified to adjoining landowners for a period of 14 days. No submissions were received objecting to the proposal.

 


e          the public interest

 

Council has the responsibility of balancing competing interests to prevent inappropriate development, while allowing individual landowners the opportunity to develop their land. A consistent application of development standards is important for Council to demonstrate that it is acting in the public interest.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed development will have no adverse impacts on the natural environment.

 

Social

 

Proper development assessment requires consistent application of development standards. It is in the interests of landowners and Council that a consistent approach is applied that allows for a fair and balanced assessment process. If Council believes that the development standards are unreasonable and should not be complied with, then it should consider amending the relevant DCP’s to ensure that there is a consistent interpretation and application of standards.

 

Economic

 

There are no economic implications arising from the proposed development. However, there may be costs to Council depending on the outcome of the determination and if an appeal is lodged by the applicant.

 

Risk

 

The 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.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There may be financial implications to Council arising from the determination of the development application. In accordance with the provisions of the EP&A Act, the applicant has the right of appeal should they be unhappy with the decision of Council.

 

Source of fund and any variance to working funds

 

Not applicable to this report.

 

Attachments:

1View

15868/2008 - Elevations and Site Plan

 

 

 


Works Inspection Committee - 16 July 2008

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

Attachment 1

15868/2008 - Elevations and Site Plan

 


  


Works Inspection Committee

16 July 2008

Director of Engineering Services Report

ITEM 10.1    SF679              160708         Nambucca Waste Management Centre - Proposed  Weighbridge

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The installation of a weighbridge is considered necessary to provide accountability for staff and customers and to ensure true and accurate charging of waste. The current system of relying on volume based charging does not reflect the great variances that can occur between disposal of waste materials such as concrete and greenwaste.

 

The experience in other LGA’s is that greater income is generated and a higher level of accountability is achieved as a result.

 

Concept plans have been prepared based on site specific Environmental Impact Statements (EIS) and Landfill Environmental Management Plans (LEMP) and site characteristics consisting of truck turning circles and the necessary road approaches to cater for a single bridge two way operation. The project includes weighbridge supply and installation, sealed access roads, gatehouse, including lunchroom, toilets, showers, laundry, compatible computer software, security system, boom gates and traffic lights to comply with Workcover regulations.

 

 

Recommendation:

 

1        That Council tender for the weighbridge, gatehouse and all associated infrastructure with the exception of road approaches which is to be undertaken by Council. 

 

2        That a further report on the outcome of the tender and a detailed costing of the road approaches be provided to a future Council meeting.

 

 

 

OPTIONS:

 

Note the recommendations

Engage consultants to refine the proposal.

 

 

DISCUSSION:

 

The development of the Nambucca Waste Management Facility has included the installation of a weighbridge. Initially concerns were raised about privacy issues arising from photographs taken as a security measure but while the vehicle registration and waste materials are identifiable the driver is not. The installation is considered necessary because of the following:

 

·              The joint waste agreement between Nambucca, Bellingen and Coffs Harbour includes pricing for processing that relates to  service numbers and weight (transfer station).

 

·              Charging by weight removes the objectivity of volume.

 

·              Council relies on external weighing when receiving income from the sale of scrap metal. Weighing locally is preferred.

 

·              Accurate data is generated for annual returns to the Dept of Environment & Climate Change.(DECC).

 

·              To reflect the true cost per tonne of landfilling waste materials.

 

·              Total accountability for staff and customers.

 

·      The DECC’s regulated area (Sydney, Newcastle, Wollongong) accepting greater than 10,000 tonnes of any waste per annum requires the compulsory operation of a weighbridge for the collection of waste levies. The extended regulated area at this point in time is not compulsory. However the DECC can place licence conditions requiring the licence holder to install and operate a weighbridge if it is deemed necessary.

 

The location has been determined on the “old site” to comply with the original approvals and has been controlled by providing a sweep path for semi-trailers to enter (weigh in), dispose of waste materials and, exit (weigh out and pay). Also of importance has been to try and avoid previous landfilled areas because of the potential impact that will produce unsuitable ground conditions for the operation of a weighbridge.

 

A number of site visits have been undertaken to assess and determine the most suitable set up for our facility. This includes Coffs Harbour City Council, Gosford City Council and Wyong Shire Council all of which have dual weighbridges for entry and exit catering for the large number of vehicles processed daily throughout their LGA’s.

 

It was considered due to the number of vehicles processed daily at the Nambucca Waste Facility that the adopted layout should only consist of a single weighbridge operation with holding bays and boom gates for the controlling of traffic going over the unit in both directions in and out The gatehouse needs to be on the drivers side leaving the site to allow the collection of fees after weighing off after the disposal of waste materials.

 

The new gatehouse building can be as simple as a demountable but must be dust proof for computer equipment, provide staff amenities along with a laundry that meet Workcover requirements.

 

 

CONSULTATION:

 

Waste Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The waste accepted at the land fill will only be inert once commercial waste is finalized this year. The major of local waste will be either recycled or processed into organic products.

 

Social

 

A weighbridge provides equitable charging.

 

Economic

 

Income is expected to increase based on the experience of other areas. Council must minimise the waste to landfill by restricting it to inert waste as the major cost is the cycle of constructing and capping cells for waste storage. Nambucca must also meet the obligations of the Coffs Coast Waste Service (CCWS) processing contract in delivering all purtrescible type waste to England’s Road Facility at Coffs Harbour for the period of the contract being 20 years (commencing September 2007)

 

Risk

 

A weighbridge introduces accurate charging by weight and removes the risk inherent with volume base charging. A weighbridge also reduces the risk of waste generated from outside the LGA being dumped at Nambucca’s facility because of lower volume base prices.

 

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget provides $300,000 for the complete installation of weighbridge, installation, software, gatehouse building and road approaches. Only the road approaches will be carried out by Day Labour with the rest by specialized contractors.

 

Source of fund and any variance to working funds

 

Funds nominated in the 2008/09 budget. Final cost will be subject to the quotations received.

 

 

Attachments:

1View

17100/2008 - Sketch Plan - Large concept plan available at the inspection.

1 Page

 

 


Works Inspection Committee - 16 July 2008

Nambucca Waste Management Centre - Proposed  Weighbridge

Attachment 1

17100/2008 - Sketch Plan - Large concept plan available at the inspection.

 

 


Works Inspection Committee

16 July 2008

Director of Engineering Services Report

ITEM 10.2    SF1031            160708         DA's Where Council is Trust Manager of Crown Reserves

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The existing policy identifies procedures under the EP&A Act and Crown Lands Act that defines how Council is required to act in terms of gaining and assessing development approvals of Crown Land.

 

It is not a Council Policy rather a statement of requirements from NSW Government regulations.  Council can not have a different policy and therefore this document is meaningless and should be deleted.

 

 

Recommendation:

 

That the Policy Use of Section 77(2A) EP&A Act – DA’s Where Council is Trust Manager of Crown Reserves be deleted.

 

 

OPTIONS:

 

·              Delete

 

·              Retain existing policy

 

 

DISCUSSION:

 

As per summary.

 

 

CONSULTATION:

 

There was no consultation entered into.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts.

 

Social

 

There are no social impacts.

 

 

Economic

 

There are no economic impacts.

 

Risk

 

There are no risk.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

No variance to working funds required.

 

Attachments:

1View

26039/2008 - POLICY - Use of Section 77(2A) EP&A Act  - Development Applications where Council is Trust Manager of Crown Reserves

3 Pages

 

 


Works Inspection Committee - 16 July 2008

DA's Where Council is Trust Manager of Crown Reserves

Attachment 1

26039/2008 - POLICY - Use of Section 77(2A) EP&A Act  - Development Applications where Council is Trust Manager of Crown Reserves

 

 


 

 

 

NAMBUCCA SHIRE COUNCIL

USE OF SECTION 77(2A) EP&A ACT —

DA'S WHERE COUNCIL IS TRUST MANAGER OF

CROWN RESERVES POLICY

 

 

 

Responsibility:  ENVIRONMENT AND PLANNING

 

 

Adopted: 19 FEBRUARY 1998 (015)    

Last reviewed:  16 JULY 2008

 

 

 

1.0       Policy objective

 

 

 

2.0       Related legislation

 

Environmental Planning and Assessment Act 1979

 

3.0       Definitions

 

 

 

4.0       Policy statement

 

That the following procedures in dealing with development applications pursuant to Section 77(2A) where Council is the Trust Manager of Crown Reserves be adopted:

 

·          Development applications should be served upon the Crown for the use and development of Crown reserves no less than 14 days prior to the lodgement with the consent authority.

 

·          Where the Council is both the applicant and the consent authority, an independent assessment of the development application should be carried out as per Department of Urban Affairs and Planning Circular C18.

 

·          Substantial development proposals such as buildings should be identified in a Plan of Management approved under the Crown Lands Act, 1989.

 

·          Development applications associated with proposals by lease or licence holders are to be forwarded to the Department for owners consent on behalf of the Crown in accordance with Section 77(1)(b) EP&A Act.

 

            (Note: Does not apply where Council holds a lease or licence from the Trust Manager.)

 

·           Proposals involving operation by lease or licence holders are to be referred to Department of Land and Water Conservation prior to development application being prepared except where proposal is identified in a Plan of Management under the Crown Lands Act, 1989.

 

·           Trust Managers when giving approvals for use of Crown reserves, are to satisfy the provisions of Part V EP&A Act 1979.

 


5.0     History

 

19.02.98

 

The Department of Land and Water Conservation advises:

 

"I am writing in regard to the status of Council as Trust Managers appointed to manage Crown reserves under the Crown Lands Act, 1989. The Crown Solicitor has recently advised that Trust Managers are "public authorities" for the purposes of the Environmental Planning and Assessment Act 1979 and as such, are required to meet certain requirements under Part IV and Part V of the Environmental Planning and Assessment Act 1979 in the use and development of Crown reserves.

 

Councils in their role as Trust Managers of Crown Reserves may operate under Section 77(2A) and Section 91A when lodging development applications for works on Crown Reserves.

 

Section 77(2A) provides for a public authority to serve a DA upon the owner (the Crown) prior to its lodgement with the relevant consent authority in lieu of obtaining the consent of the Department on behalf of the Crown to lodgement. This section can be used where the proposed use or development is to be managed by the Council as Trust Manager or Council where the management of the reserve has devolved upon Council under the Local Government Act, 1993.

 

The Department's Policy Position in regard to the use of Section 88(2A) is as follows:

 

·          DA's should be served upon the Crown for the use and development of Crown reserves no less than 14 days prior to the lodgement with the consent authority;

 

·          Where the Council is both the applicant and the consent authority, an independent assessment of the DA should be carried out as per Department of Urban Affairs and Planning Circular C18;

 

·          Substantial development proposals such as buildings should be identified in a Plan of Management approved under the Crown Lands Act, 1989.

 

Section 77(2A) should not be used for development proposals by lease or licence holders on the reserve, or for any use which is to be held under lease or licence. DA's for these proposals should be forwarded to the Department for owner's consent on behalf of the Crown in accordance with Section 77(1)(b) of the EP&A Act 1979. This does not apply where Council or another public authority holds a lease or licence from the Trust Manager.

 

Proposals which involve operation by lease or licence holders should be referred to the Department for advice prior to a DA being prepared except where the proposal is identified in a Plan of Management approved under the Crown Lands Act, 1989.

 

Trust Managers should be aware that, as public authorities they are required to satisfy the provisions of Part V of the EP&A Act, 1979 when giving approvals for the use and development of Crown reserves which do not require development consent under Part IV.”

 

Director Comments:

 

Section 77(2A) specifies:

 

(2A) Notwithstanding subsection 1(b) the consent in writing of the owner of the land to which a DA relates is not required where the applicant is a public authority and the public authority has, before making the application, served a copy of the application on the owner.

 

Subsection 1(b) specifies a DA may only be made by a person with the consent in writing of the owner of the land to which the DA relates.

 

 


Works Inspection Committee

16 July 2008

Director of Engineering Services Report

ITEM 10.3    SF265              160708         Procurement Policies and Procedures

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works         

 

Summary:

 

As part of an ongoing review of Council Policies and working towards better practice, three new policies and a procurement procedures manual and Statement of Business Ethics have been prepared.

 

 

Recommendation:

 

1        That Council adopt the following:

 

·      Policy - Procurement of Goods and Services

·      Policy - Council Purchasing Cards

·      Procurement Procedures Manual

·      Statement of Business Ethics

 

5        That Council delete current policies which are to be superseded.

 

 

OPTIONS:

 

Not adopt the polices and manual.

 

 

DISCUSSION:

 

There has been no comprehensive review of Council’s Purchasing/Procurement policies and procedures for some considerable time.  The attached documents have been prepared to facilitate the procurement process and provide guidelines for all departments to follow.

 

The Department of Local Government Auditor also identified a need to improve Council’s ordering and purchasing procedures (Rec 17 & 18) and these documents address his recommendations.

 

The Statement of Business Ethics has been prepared in order to advise contractors of Council’s requirements and ethical standards that apply to them and their dealings with Council and its staff.

 

 

CONSULTATION:

 

General Manager

Director Engineering Services

Director Environment and Planning

Manager Financial Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The policy and manual identify environmental issues as evaluation criteria and environmental sustainability is identified in the policy philosophy.

 

A commitment to the principles of the NSW Local Government Sustainable Choice Programs is also made in the policy.

 

 

Social

 

There are no social impacts.

 

Economic

 

Provides a framework for competitive tenders and quotations leading to the most cost effective procurement choices.  Whole of Life assessment will result in the lowest long term cost impact.

 

Risk

 

The adoption of purchasing guidelines should minimise the possibility of inappropriate procurement activities.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are direct or indirect impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no risk.

 

Attachments:

1View

2610/2008 - POLICY  DRAFT - Procurement of Goods and Services

3 Pages

2View

2676/2008 - POLICY  DRAFT- Council Purchasing Cards

4 Pages

3View

3569/2008 - DRAFT - Procurement Procedures Manual

32 Pages

4View

13015/2008 - DRAFT Statement of Business Ethics  Declaration

5 Pages

5View

3930/2006 - POLICY TO BE SUPERCEDED - Accounting and Finance - Creditors - Orders and  Payments - Delegations of Authority Signatures - Signing of Orders and Authorisation of Payments

6 Pages

6View

25313/2007 - POLICY TO BE SUPERCEDED - Plant - Tenders and New Purchases - Open tendering and quotations

2 Pages

7View

25314/2007 - POLICY TO BE SUPERCEDED - Plant - Tenders and New Purchases - preference to local vehicle Supplies

1 Page

 

 


Works Inspection Committee - 16 July 2008

Procurement Policies and Procedures

Attachment 1

2610/2008 - POLICY  DRAFT - Procurement of Goods and Services

 

D R A F T

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

PROCUREMENT OF GOODS AND SERVICES

 

 

 

Function ENGINEERING SERVICES

 

 

Adopted: 

Last reviewed: 

 

 

 

1.0     Policy objective

 

To establish the administrative framework required for the implementation of Council's procurement arrangements as follow:

 

·     To facilitate the procurement of goods and services in the most timely, cost effective and environmentally sustainable manner

·     To ensure Nambucca Shire Council meets its Legal and Statutory obligations

·     To ensure all purchasing activities are carried out in a professional manner

·     To ensure all delegated officers have a clear understanding of their responsibilities

·     To allow flexibility to departments provided that all activities are completed within Council's guidelines, instructions and Legal obligations and approved Budget allocations

·     That all practices and procedures regardless of the size of the transaction be open and transparent and able to withstand public scrutiny.

 

 

2.0     Related legislation and documents

 

Local Government Act 1993

Local Government (General) Tendering Regulation 2005

NSC Procurement Procedures Manual

NSC Policy—Council Purchasing Cards

 

 

3.0       Policy Philosophy

 

Council requires a large volume of materials, works, goods and services to meet its functional needs.  The purpose of this document is to define the policies by which these requirements can be fulfilled.

 

This policy is designed to ensure expenditure is applied efficiently and effectively in line with council’s overall Mission.  To attain this goal, the parameters are defined in this policy, within which all goods, works and services must be obtained:

 

·     Open and effective competition

·     Council recognises the need to support local businesses when appropriate

·     Techniques designed to obtain the best prices/value available will be applied

·     Potential suppliers will be given fair and equitable consideration for each tender or quotation submitted

·     Environmental sustainability

·     Risk management.

 

 

4.0     Policy statement

 

All general purchasing, tenders and quotations shall be conducted in accordance with Council's Procurement Policy, Procurement Procedures Manual and other instructions as issued by the General Manager.

 

 

5.0     Responsibilities

 

Council's Procurement Policy together with its Procurement Procedures Manual clearly defines purchasing authorities, responsibilities and guidance for all staff at Council.

 

 

6.0     Tenders

 

It is the responsibility of staff involved in the tendering process to carry out the process in accordance with the Local Government (General) Tendering Regulation 2005 and subsequent updates, and the tendering procedures set out in Nambucca Shire Council's Procurement Procedures Manual.

 

 

7.0     Quotations

 

Quotations shall be sought as per the requirements set out in the Procurement Procedures Manual.

 

7.1     Tender and Quotation Evaluation

 

Tenders and quotations shall be evaluated in a transparent manner on the basis of quality, suitability of goods for the purpose for which they are intended, service, sustainability, trading terms, timely delivery, and whole of life price.  Where all of these factors have been considered and are equal, and a local supplies (Nambucca Shire Council Local Government area) has submitted a quotation, the local supplier shall be given preference.

 

 

8        Purchasing of Recycled Produce

 

Council is committed to the principles of the NSW Local Government Sustainable Choice program.

 

 

9.       Hunter Councils Inc

 

Council supports the Memorandum of Agreement between Member Councils and Hunter Council's Inc.

 

 

10      Other Contracts

 

Council recognises the NSW State Government contracts and contracts available through Local Government Purchasing (LGP).

 

 

11      Purchasing Cards

 

Procedures and agreement relating to issue and use of a Purchasing Card use are set out in Council's policy—Council Purchasing Cards.

 

 

12      Complaints from Third Parties

 

Any complaint received regarding Council’s procurement process will in the first instance be referred to the General Manager.

 

Subject to the General Manager’s findings the following action may apply:

 

·         Advise the complainant that no breach of policy has been substantiated

·         In the event of a minor breach reprimand the person at fault and reinforce Council’s procedures

·         For suspected major breaches the General Manager may refer the matter to ICAC

·         A confirmed breach would result in activation of Council’s disciplinary policy

 

13         This policy replaces the following policies:

 

·         Plant – Tenders and New Purchases Proference to Local Vehicle Suppliers

·         Plant – Tenders and New Purchases “Open” Tendering and Quotations

·         Accounting and Finance Creditors Orders and Payments

 

---oo0oo---

 


Works Inspection Committee - 16 July 2008

Procurement Policies and Procedures

Attachment 2

2676/2008 - POLICY  DRAFT- Council Purchasing Cards

 

D R A F T

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

COUNCIL PURCHASING CARDS

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 

Last reviewed: 

 

 

 

1.0     Policy objective

 

·     Streamline the current order process in respect of small value local procurements. 

 

·     Promote workplace efficiency by empowering staff to purchase direct from preferred local suppliers.

 

·     Reduction in administration costs in respect of small value local procurements.

 

·     Free up Council's purchasing staff to enable them to focus on procurements strategy.

 

 

2.0     Related legislation

 

Local Government Code of Accounting Practice and Financial Reporting.

 

3.0       Definitions

 

A Purchasing Card is a bank credit card or store card used for smaller, miscellaneous purchases.

 

The Purchasing Coordinator is an employee with the responsibility of overseeing the use of the Purchasing Card.

 

Council’s Allocation Number is the job number as identified in the Fujitsu Administration System.

 

 

4.0     Policy statement

 

Council purchase cards will be issued to authorised employees to enable them to purchase small value goods and services direct from participating local suppliers.  The cards will be subject to a monetary limitation of $500.00 per invoice and will only be accepted by suppliers within the Nambucca Shire who have entered into an agreement with Council.

 

The Local Government Code of Accounting Practice and Financial Reporting provides (Accounting Records 11.3.3(b)) "Council must not enter into a contract for the acquisition and services without an approved order except under the following circumstances:  contract resulting from credit/procurement cards which have been approved by Council and are within its authorised terms and conditions".

 

 


5        Card Procedures

 

Conditions applying to purchasing card purchases

 

·     Are the Goods available from the Council Store?

 

If the goods are held as an inventory item and it is not impractical because of distance, time or other constraints, you should obtain the item through the Council Store rather than use the purchase card.

 

·     Does the purchase exceed my delegated card limit for the amount of expenditure?

 

It is the cardholder's responsibility to ensure purchases are within the limits of delegated authority as defined by the General Manager and noted on the employee's purchase card ($500.00 per invoice).

 

The monetary limit on the card refers to the maximum value of goods to be acquired on a per invoice basis.  Cardholders are prohibited from splitting purchases for the purpose of acquiring goods and services above the cardholder's maximum limit. 

 

·     Participating suppliers

 

The purchasing card may be used only at participating suppliers, the list of suppliers (Suppliers Listing attached) will be maintained and reviewed on a regular basis by the Purchasing Coordinator.

 

·     Cards are assigned to employee

 

The cards will be issued to individual employees who are to assume responsibility for the card's security and usage.  Card rights are non transferable, should work practices indicate that additional cards be required, application should be made in accordance with the policy.

 

·     Personal use

 

The card is for official Council business only and may not be used for personal items under any circumstances.  Breaches of this will constitute disciplinary action in accordance with Council's policies and Code of Conduct.

 

·     Card information

 

The following information will be recorded on the Council purchase card:

 

   -   Employee Name

   -   Employee Number

   -   Employee Signature

   -   Employee designated purchase limit.

 

·     Information to be recorded on purchase

 

Employees using purchase cards will ensure that the following information is provided to the supplier:

 

   -   Purchase card is to be produced as authority to purchase

      -   Employee is to provide Council's allocation number in respect of the items purchased, the

          allocation number is to be recorded on the suppliers invoice/tax invoice.  Separate invoices/tax

          invoices are required for each allocation.

      -   Employee is to sign the supplier's tax invoice and record their employee number on the

          invoice/tax invoice

      -   Suppliers shall ensure that the above information is provided and that the total value of the

          purchase is less than the monetary limits as recorded on the employee's purchase card

      -   Suppliers shall retain the authorised supplier invoice/tax invoice and shall attach them to the

          supplier statement

      -   Suppliers have the right to refuse supply where the above requirements are not met.


 

·     Card cancellation

 

Cancellation of a purchasing card will occur when the:

 

   -   Cardholder changes job function within Council

   -   Cardholder terminates employment with Council

   -   Cardholder has not adhered to set procedures

   -   Card is no longer required

   -   Card is misused.

 

Upon cancellation the purchase cards are to be returned to Council's Purchasing Coordinator, the Purchase Coordinator shall:

 

   -   Cancel the card

   -   Update the Purchase Card Register to record the card cancellation.

 

 

6        Account Payment

 

·     Council shall maintain a separate Account with suppliers in respect of the purchase card transaction

·     Supplier shall forward statements and supporting tax invoices within seven (7) days of the end of the preceding month to Council for payment on the last Thursday of the month

·     Council's Purchasing Coordinator shall check the statement and authorise payment of the accounts.  The Purchasing Coordinator in authorising the account shall ensure:

 

-   all supporting documentation is duly signed by the Council employee

   -   invoices are within the monetary limits assigned by the cardholder

   -   purchases are ones reasonably expected to be made on behalf of Council

      -   Purchasing Coordinator may seek the concurrence of the employee's supervisor when

          conducting an audit of card usage.

 

·     Council undertakes to pay all invoices for goods purchased using Council's purchase card and duly authorised by the Council employee's signature.

 

 

7        Purchasing card application

 

Application for a purchase card shall be made on the Council "Purchase Card Application Form".  The criteria and procedure for the assessment and issue of the purchase card is set out below:

 

·     Proposed Cardholder

 

-   Demonstrate to his/her supervisor how the provision of purchasing cards will improve and

    simplify the purchasing procedure for the work area defined by the proposed cardholder

-   Complete the application form and obtain approval of the Supervisor and Director

-   Forward these forms to the Purchasing Coordinator

-   The issue of the card to the employee will serve as a delegated authority to acquire goods and

    services on behalf of Council subject to the monetary limitations as set out on the card.

 

·     Supervisor

 

-   Must approve the issue of the card and verify the monetary limit in respect of the card. 

    The maximum monetary limit per invoice shall be $500.00.

-   Must accept responsibility for the correct use of the purchasing card and ensure its security

    at all times.


 

·     Purchasing Coordinator

 

-   Will check that the proposed cardholder has been authorised and that mandatory forms have

     been completed

-   Arrangements for the issue of the card.  Cards will be handed personally to those persons

    applying for the purchasing card.  The Purchasing Coordinator shall instruct the cardholder on

    the use of the card and ensure the cardholder signs for the card.

 

 

8        Supplier Agreement

 

Supplier Agreement setting out the requirements as outlined under the policy for acceptance of the Council Purchase Cards is attached.

 

 

9        List of Suppliers

 

·     Mitre 10, Macksville

·     Tinks

·     Norco

·     Macksville Paint Barn

·     Harris Hire

·     Sable Engineering

·     Nambucca Plumbing

·     Nambucca Building hardware

·     M & H Webb Pty Ltd

·     Repco

 

 

10      History

 

Information received from Kempsey Shire Council expenditure patterns reveals that some 65% of local invoices processed by Council were for value under $250.00, considerable administration work is involved in processing these orders.  It is expected that the same trend would apply to Nambucca Shire Council.

 

 

---oo0oo---

 


Works Inspection Committee - 16 July 2008

Procurement Policies and Procedures

Attachment 3

3569/2008 - DRAFT - Procurement Procedures Manual

 

 
NAMBUCCA SHIRE COUNCIL

 

 

 

 

 

 

 

 

 

 

PROCUREMENT PROCEDURES

MANUAL

 

 

2008

 

 

 

 

 

 

 

 

 

Prepared By:

Department Engineering Services

Mr N Chapman

 

Adopted: 

Effective From

 

 

 

 

 

Updated: 


Works Inspection Committee - 16 July 2008

Procurement Policies and Procedures

Attachment 3

3569/2008 - DRAFT - Procurement Procedures Manual

 

 

TABLE OF CONTENTS

 

 

1      INTRODUCTION. 1

2      GENERAL OVERVIEW.. 1

3      PURCHASING GUIDELINES. 1

3.1        Responsibility for the Purchasing and Supply Function.. 1

3.2        Role and Responsibility of Users. 2

3.3        The "Value for Money" Concept and Relationships with Suppliers. 2

3.4        Conflicts of Interest and Personal Behaviour.. 2

3.5        Delegated Authority.. 2

3.5.1.     GM Authority. 2

3.5.2.     Financial delegation. 3

3.6        Goods and Services Tax (GST) 3

3.7        Risk Management.. 3

3.8        Whole of Life Costing (Capital Purchases) 3

3.9        Environmental Principles. 4

3.10       Buy Recycled Products and Services. 4

4      PURCHASING THRESHOLD LIMITS. 5

4.1        General Procedure. 5

4.2        Contracts Exempt from the Tendering Process. 6

4.3        Preferred Supplier Contacts. 7

4.4        Emergency Purchases. 7

4.5        Petty Cash.. 7

4.6        Contractors Weekly Timesheets. 8

4.7        Credit Card.. 8

5      TENDERS. 8

5.1        Tender Procedure. 9

5.2        Tender Evaluation.. 10

5.3        Evaluation Criteria.. 10

5.4        Local Preference. 11

6      SPECIAL PROVISIONS FOR APPOINTING CONSULTANTS. 11

6.1        Determining the need to engage a consultant.. 11

6.2        Planning the project and the engagement.. 11

6.3        Developing the specification and conditions of engagement.. 12

6.4        Inviting and receiving bids. 12

6.5        Selecting a consultant.. 12

6.6        Engaging a selected consultant.. 12

6.7        Managing the project and the consultant.. 12

6.8        Evaluating the performance. 13

6.9        Guidelines for developing a consultancy brief. 13

6.10       Contents of a Consultancy Brief. 13

6.10.1        Introduction. 13

6.10.2        Regional Characteristics. 13

6.10.3        Discussion. 13

6.10.4        Objective. 13

6.10.5        Scope of Works. 13

6.10.6        Deliverables. 14

6.10.7        Format of Consultancy Report 14

6.10.8        Timing. 14

6.10.9        Supporting Information. 14

6.10.10      Methodology / Approach. 14

6.10.11      Agreement 14

6.10.12      Statement of Business Ethics. 14

6.10.13      Payment and Fees. 14

6.10.14      Insurances and GST. 14

6.10.15      Selection Criteria. 15

6.10.16      Submission Details. 15

6.10.17      Ownership and Copyright 15

6.10.18      Termination. 15

6.11       Consultancy Agreement.. 15

6.12       Legislation and Council Policies to be observed by Consultants. 15

7      QUOTATIONS. 16

8      OTHER PURCHASING OPTIONS