NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 06 November 2008

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 16 October 2008

5        Notices of Motion

5.1     Notice of Motion - 21st Annual Aboriginal Local Government Network - 25-27 November 2007 - Armidale

5.2     Notice of Motion - Grease Arrestors

5.3     Notice of Motion - NSW Nature Conservation Councils Conference - 12-13 November 2008 - Cr Flack and Cr Smyth  

6        DELEGATIONS—Motion to hear Delegations

9.14   Rental of Bowraville Theatre

                   (i)       Mr Jim Boswell - President Bowraville Arts Council

 

7        ASKING OF QUESTIONS WITH NOTICE

 

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports

9.2     Grant Application Status Report - October 2008

9.3     Decorporatisation of Local Government

9.4     Annual General Meeting - Burrapine Public Hall

9.5     Annual Reporting, Social/Community Planning & State of the Environment Reporting Requirements of Local Councils

9.6     Funding Agreement Between the Department of State and Regional Development, Australian Precast Solutions Pty Ltd and Nambucca Shire Council for Upper Warrell Creek Road Railway Overbridge.

9.7     Rights of Carriageway off Rhones Creek Road

9.8     Licence for Occupation of Bowraville Race Course

9.9     Scotts Head Caravan Park and Reserve - Report on Progress of MasterPlan

9.10   Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

9.11   NSW North Coast Weed Advisory Committee - Nomination of an Elected Member

9.12   Annual General Meeting - Valla Public Hall

9.13   Annual General Meeting - Talarm Hall

9.14   Rental of Bowraville Theatre  DELEGATION

10      Director Environment and Planning Report

10.1   Report on Access Committee Meeting Minutes held 26 August 2008

10.2   Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 24 October 2008

11      Director Engineering Services Report

11.1   Lower North Coast Zone Liaison Committee - Rural Fire Service (RFS)

11.2   Country Energy Street Light Annual Report ending 30 June 2008

11.3   Regional Road Timber Bridge Partnership Program

11.4   Crown Land - Storm Damage

11.5   Storm Damage - 3 June 2008

11.6   Nambucca Heads Sewerage Scheme Upgrade - Expressions of Interest for Tenders    

 



Ordinary Council Meeting

6 November 2008

Notice of Motion

ITEM 5.1      SF352              061108         Notice of Motion - 21st Annual Aboriginal Local Government Network - 25-27 November 2007 - Armidale

 

AUTHOR/ENQUIRIES:     Martin Ballangarry OAM, Councillor         

 

Summary:

 

The NSW Local Government Aboriginal Network (LGAN) has been operating since 1988 to provide an information exchange and forum for discussion on Local Government issues relating to Aboriginal communities, business and the wider community. The Network is made up of Aboriginal Liaison Officers working in Local Government, and Aboriginal people who have been elected as Councillors.

 

 

Recommendation:

 

That Cr Martin Ballangarry OAM be granted leave to attend the 21st Annual Aboriginal Local Government Network in Armidale from 25 to 27 November 2008 inclusive.

 

 

 

OPTIONS:

 

There are no other options.

 

 

DISCUSSION:

 

The main purpose of the Network is to provide all participants, including Aboriginal and non Aboriginal elected Councillors, Aboriginal staff employed by local councils, and representatives from other agencies including members of council advisory and consultative committees, with:

·      An understanding of current issues in Local Government affecting Aboriginal people; and

·      A mechanism for support and a venue for information exchange on existing and new programs and services in local government relevant to Aboriginal communities

The LGAN Conference provides a forum for discussion of issues relating to Aboriginal communities from a local perspective. The annual conference generally attracts up to 200 delegates from a wide range of areas including Aboriginal Liaison Officers, representatives from the public sector in State and Federal Government, companies and industry consultants from the private sector, representatives from community and volunteer groups, elected representatives, General Managers and senior staff from Local Government throughout NSW.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This has no impact on the environment.

 

Social

 

There is no social impact.

 

Economic

 

There is no economic impacts.

 

Risk

 

There is no risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of attendance at the NSW Local Government Aboriginal Network is $750.  There will be an additional cost for 3 to 4 nights accommodation.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

Notice of Motion

ITEM 5.2      SF793              061108         Notice of Motion - Grease Arrestors

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

I have received representations from people in relation to the installation of grease arrestors.

 

 

 

Recommendation:

 

That a report be prepared by staff on grease arrestors. 

How many businesses have been advised to install grease arrestors?

How many have be completed?

How many have been advised what brand to use?

How many used halgan which were faulty?

How many faulty ones had to be replaced?

How many suffering hardship?  It takes a lot of cups of coffee or hamburgers to sell.

Can someone explain (to me) that if you do not use 300 litres of water you do not have to spend funds on arrestor?

Have business people, landlords, been advised of 300 litre requirement?

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

Notice of Motion

ITEM 5.3      SF793              061108         Notice of Motion - NSW Nature Conservation Councils Conference - 12-13 November 2008 - Cr Flack and Cr Smyth

 

AUTHOR/ENQUIRIES:     Paula Flack, Councillor; Anne Smyth, Councillor         

 

Summary:

 

Councillors Smyth and Flack have registered to attend the NSW Nature Conservation Council’s Conference ‘Saving a Sunburnt Country – the challenges of species adaptation in a heating land’, to be held in Sydney on Wednesday 12 & Thursday 13 November 2008. 

 

The conference will provide a wide ranging overview of some of the most important scientific research, policy and programs on assisting adaptation and mitigation for biodiversity and ecosystems facing climate change.

 

Recommendation:

 

1          That Council approve costs of $280 for Cr Flack and $416 for Cr Smyth to attend the NSW Nature Conservation Council’s Conference ‘Saving a Sunburnt Country – The Challenges of Species Adaptation in a Heating Land’.

 

2          That Council grant leave of absence for Councillors Flack and Smyth from 11 to 14 November 2008 inclusive to attend the NSW Nature Conservation Council’s Conference.

 

DISCUSSION:

 

A recent open letter to the Prime Minister from a group of Australia’s leading climate scientists highlights the possible consequences of climate change:

 

The 2007 IPCC report … has unequivocally concluded that our climate is warming rapidly, and that we are now at least 90% certain that this is primarily due to human activities.”


“If this trend is not halted soon, many millions of people from around the world will be at risk from extreme events such as heat waves, drought, fire, floods and storms, our coasts and cities will be threatened by rising sea levels, vector-borne, water - and food- borne diseases will spread rapidly, food yields and water supplies will be impaired in many regions, and many ecosystems, plant and animal species will be in serious anger of extinction.  Some of Australia’s natural assets such as the Great Barrier Reef, Kakadu and the Daintree World Heritage areas, which bring great wealth and recognition to our nation, could be damaged for all time.

 

The conference will be relevant to those working on the conservation of biodiversity and ecosystems at all levels of government, in the private sector and in the community.  Speakers contributing to the conference are from major university research centres on climate change, the CSIRO, federal and state government departments, councils, catchment management authorities, the private sector, non-government organisations and the community.

 

Approval is sought from Council to cover airfare costs ($280) for Cr Flack and airfare and accommodation costs for Cr Smyth ($416).

 

Mr Craig Doolan, Manager of Financial Services has confirmed that adequate funds exist to cover the request.

 

A report on the proceedings at the Conference will be provided to Council.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.1      SF959         061108         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager          

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

 

FILE NO.

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

MARCH 2007

1

QWN19

01/03/07

Floodgates Gumma

DES

Halted by wet weather.

The main floodgate has been installed and has created a freshwater wetland—damaged by storms—probable revote due to weather.  Main floodgate repaired.  Will require a dry winter to complete.

Programmed after riverbank work.

Revised to end of Nov 08.  main gate operating two side gates on minor drains to be installed.

 

SEPTEMBER 2007

2

SF428

20/09/07

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

 

DEP

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

 

Draft RRS now on exhibition, with submissions being considered.

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

 

 

DECEMBER 2007

3

SF639

06/12/07

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

GM

April 2008.  Now deferred until receipt of PBP Review

By December 2008

 

4

SF791

06/12/07

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

GM

Minister and Governor have now approved compulsory acquisition via land swap.  Acquisition to be confirmed in Government Gazette in 90 days on 24 October 2008.

MARCH 2008

5

6298/2008

20/3/08

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

 

*

GATE FEES – MIXED WASTE

Contamination    Penalty %      Gate Fee $

       0-3%                  0                  110.00

       3-10%               10                 127.30

      10-25%              25                 153.25

      25-40%              40                 179.20

        >40%                                    215.00

 

GATE FEES – ORGANICS

       0-3%                  0                  80.00

       3-10%               10                 97.30

      10-25%              25                 123.25

      25-40%              40                 149.20

        >40%                                    200.00

 

DES

Report to Council in May 2008.

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

Working Party is developing an approach whereby the penalty increases with the level of contamination for commercial operation.  The gate frees at Coffs Harbour for commercial waste will be: (*see middle column to the left)

 

APRIL 2008

6

SF744

17/04/08

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

 

DEP

Letter received from DWE and forwarded to Mac’scon.

Met with applicant’s consultant 22/5.  Currently working through DWE issues.  Follow up letter sent to Mac’scon 30/9/08

 

7

SF699

17/4/08

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

DES

Report December 2008.

MAY 2008

8

QWN 103

15/05/08

Enviro Saver Program – further investigations

DEP

Onsite inspection and assessment for the retrofitting and installation arranged for late August/September 2008.  Rescheduled for Oct/Nov.

 

10

QWN 111

15/05/08

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

DES

Design being costed and proposed to revise stormwater program to be included in 2008/09.  Works have commenced, k&g outstanding.  Letter to owner.  Still awaiting k&g contractor.

Speed humps installed.

 

11

QWN 112

15/05/08

Missabotti Rd—spraying of vegetation

DES

Revisit in Spring for lantana & other vegetation growth.

Programmed for October.

Specific herbicide required for lantana in February.

 

12

QWN 113

15/05/08

Stormwater Drainage—Macksville Industrial Estate – easement required?

DES

Design being prepared for easement.  Owners consent received.  Preparation of survey plan completed.

Signed by owners.

Solicitor to finalise.

 

13

SF35

15/5/08

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

 

DEP

Review to occur in December 2008.

JUNE 2008

15

SF357

05/06/08

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

 

GM

Grant application made under Regional Arts Fund.

16

SF793

05/06/08

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

 

DES

Report on commercial fishermen to be prepared for Council after further consulting with the Department of Primary Industries.  Ongoing discussions.

 

18

SF844

19/06/08

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

 

GM

Letter sent 9/07/08.

Letter written to Andrew Stoner MP on 24/09/08 seeking a follow-up.

Further letter sent to new Minister Costa on 27/10/08.

JULY 2008

20

QWN 150

03/07/08

Wash-away near Allan Proctor’s property on Rhones Creek

DES

Will be looked at same time as Brian Gaddes’ property. 

To be assessed.

 

21

QWN 152

03/07/08

Reconstruction of Sturdee Street

DES

Programmed for October/November 2008.

Contractor engaged.

Commenced.

 

23

Item 9.4

03/07/08

Bowraville Theatre – amended budget report

 

GM

Letter sent 10/07/08.

Report to 6 November

24

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

 

GM

Letter sent 15/07/08.

25

Item 9.1

03/07/08

Council form working party to resolve conflicting issues surrounding the use of footpaths

 

DEP

Working party meeting to be arranged August/September.  To be deferred to after elections.

 

Arrangements being made to hold meeting.

26

Item 11.4

03/07/08

That a new plan of management be prepare for Faringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

 

27

QWN 166

17/07/08

Road Base Repairs – Taylors Arm road near Johnston’s farm

 

DES

Listed.

29

RF386

17/07/08

Council seek legal advice regarding withdrawing our interest from the rights of carriageway (Rhones Creek Road).  That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.

DES

Advised from Land Titles referred to Solicitor for comment.

No progress.

Report to meeting 6 Nov

30

SF42

17/07/08

Revised Model Code of Conduct – seek co-operation of adjoining Councils to establish single conduct review committee – invite Mr Terry Perkins to participate – direction attention of staff to new Code – letter to all Committees of Management.

GM

Adjoining Councils notified.  Letter sent to Terry Perkins.  Remainder underway.

31

SF908

17/07/08

Request Minister for Planning for direction on a planning standard for sea level rise.

GM

Letter sent to Minister Sartor on 23/07/08.

 

32

SF283

17/07/08

List of areas in Council administration centre requiring work to ensure compliance with relevant standard for access for people with disabilities be referred to Council’s technical officers for assessment and if necessary a report be prepared for Council or the Access Committee.

DES

Audit to be undertaken by a Building Inspector and Community Manager.

Audit to be undertaken by January 2009.

33

LF3891

17/07/08

Access to timber mill – Nambucca Heads.  Council retrieve any reports and resolutions in relation to the entry to the timber mill and determine who is responsible for the maintenance of the drain at the entrance gate.

DES

Report to November 2008 Council Meeting.

AUGUST 2008

36

QWN 173

07/08/08

How much stone moved from quarry to Valla.

 

(*)

# Hendersons

Nambucca Valley Quarries       $51,845.79

Roktam                                     $18,073.34

#Colemans

Nambucca Valley Quarries       $30,238.58

Roktam                                     $13,750.36

 

DES

 

To be determined for flood damage job at Henderson’s and near Coleman’s Road.

The following purchases of quarry products in $ values occurred for each operator: See (*) at left

 

38

NoM

07/08/08

Council seek quotations from landscape designers to prepare, in consultation with Joan’s Army, a landscaping Masterplan for riverfront from the Bridge to the public toilets.

DES

Report November 2008

39

QWN 169

07/08/08

Donnelly Welsh Playing Fields – Illegal Clearing – Council receive a report on the outcome of the referral to the DECC and NRCMA.

DEP

Letter sent 17/09/08.

Response from NRCMA 29/9/08 advising that DECC are responsible for compliance.  Formal response likely to be received from DECC during week 3-7 Nov.

 

40

SF276

07/08/08

A report come back to Council on an amended Workplace Equity and Diversity Strategy which includes the designation of at least 2 positions for Aboriginal employment subject to the candidate being a suitable candidate.

 

GM

Report to 20 November 2008

43

QWN 188            

21/08/08

Dead trees to be removed at Peter Trisley’s and at the gravel dump on Valla road

 

DES

Listed.

45

QWN 194

21/08/08

Cleanup roadsides at Bowraville – request from Lions Club

 

DES

Draft agreement prepared. Council’s insurers to review.

 

47

QWN 196

 

DA 2006/143

21/08/08

Who authorised deletion of conditions for Hyland Park subdivision.

 

Who authorised deletion of requirement for ecologist to check for koalas

 

DEP

As part of the revised lot layout and with more accurate survey information it was identified that the permit may not be required as the development was further than 40m from the bank of Deep Creek.

 

The MBD sought to remove the requirement of an ecologist to some other qualified person and was advised that this could only be considered through a modification.

 

Modified Application to come to Council for final authorisation.

 

49

SF1031

27/08/08

Defer review of Environment and Planning Department Policies to new Council

DEP

November 2008

50

DA2006/056

27/08/08

Council received a report on the standard width for cycleways and its implications for DCP 17.

 

DES

November 2008

SEPTEMBER 2008

51

QWN 197

04/09/08

Burn off maps to Council’s website

DEP

 

Maps to be available on website during October.  Deferred until Dec 08.

 

 

53

QWN 198

04/09/08

Prevention of cane toad infestation

DEP

 

Letter sent 8/09/08.  DPI advised 22/9/08 that matter has been referred to its Armidale office for reply.

 

54

QWN 199

04/09/08

Legal advice regarding right of carriageway on Gaddes’ property, Rhones Creek

 

DES

Still awaiting legal advice.

Report to 6 Nov

55

SF261

Item 9.1

04/09/08

Council write to the RTA re process they will be adopting in advising persons about the proposed highway upgrade

 

DEP

Letter sent 16/9/08.

Response received 2/10 – copy attached.

OCTOBER 2008

56

QWN 204

02/10/08

Copy of final Structure Plan provided to Councillors

 

DEP

A copy of the Structure Plan is available on Council's website in sections for easier downloading, however a hard copy of the document can be made available to any interested Councillors

 

58

QWN 206

02/10/08

Report to Council for resolution in order to retain development application statistics in business paper

 

DEP

Report to be prepared for 20 November Council meeting.

 

 

QWN 210

16/10/08

Marriott’s Quarry – letter from Rhonda Davies – copy of Director’s response

 

DEP

 

Response done, copies provided to Councillors.

 

QWN 211

16/10/08

Buz Brazzel Park – report to Council of public meeting

 

DES

 

 

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads – report re geotechnical engineers re stability of Riverside Drive

 

DES

Subject  to GHD undertaking evaluation

 

SF382

16/10/08

Notice of Motion - Scotts Head Caravan Park and Reserve - Report on Masterplan – comprehensive report to Council.

Invite consultants to present Masterplan at a GPC

 

 

 

 

GM

MOU Project Facilitation Group comprising Mayor and GM and DoL meeting with Consultant to be briefed on draft strategy on 30 October.  Timing of public exhibition subject to endorsement by DoL.  Copy of status report from consultant circulated to Council and reported to meeting 6/11/08.

 

 

 

SF241

16/10/08

Report on outcome of public hearing facilitated by Bennell & Assoc. re Hearing for Reclassification of Community Land to Operational Land in Draft LEP 2008

 

DEP

Contract let, hearing late November or late January

 

SF360

16/10/08

Argents Hill Hall – on site meeting to be arranged with DoL and request for funding assistance from the DoL.

GM

Letter sent 17/10/08

 

SF1222

16/10/08

Referral of request for clothes optional beach to Valla Beach & Hall Management Committee and Valla Tourist Resort & Police

GM

Letters sent 23/10/08

 

SF15

16/10/08

Council receive a budget on the saleyards to determine whether facilities can be funded and for consideration in 09/10 budget and seek grants & investigate effluent management.

GM

Occ Health and Safety Committee undertaking inspection.  Report December 2008.

 

SF740

16/10/08

Bellevue Drive fig trees – deferred to next GPC for an inspection.

DES

Inspection by GSC in December

 

SF265

16/10/08

12 month trial of Procurement Policies and Procedures.

DES

Report October 2009

 

SF1197

16/10/08

Reports on Stormwater Levy and Environmental Levy

DES

DEP

Report November 2008.  Deferred to late Dec.

 

Attachments:

1View

2472/2008 - Advice of information as to how the RTA responds to Property Information Inquiries relating to the Pacific Highway upgrade from Macksville to Urunga

 

 

 


Ordinary Council Meeting - 6 November 2008

Outstanding Actions and Reports

Attachment 1

2472/2008 - Advice of information as to how the RTA responds to Property Information Inquiries relating to the Pacific Highway upgrade from Macksville to Urunga

 

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.2      SF708         061108         Grant Application Status Report - October 2008

 

AUTHOR/ENQUIRIES:     Jenny Chance, Grants Officer          

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

Grant Program

Action

 

Status

1

FRRR - Small Grants for Small Rural Australian Communities

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

 

 

 

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

 

Advised of new closing dates as follows:

                   1 May 2008

                   6 August 2008

                27 October 2008.

MS

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

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

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

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

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

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

 

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

 

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

 

2

Local Adaptation Pathways Program

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

 

GM

Application lodged.

 

3

Department of Environment and Climate Change

DEP

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

 

Lodged 15 February 2008.

 

Closing date 15 February 2008—announcement expected later 2008

 

4

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

GM

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

 

5

New Federal Environmental Programme - Still to be announced

GM

DES

DEP

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

 

6

Threatened Species Network Community Grants Round 11

 

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

 

Trim document 7374/2008 refers to application

DEP

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

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

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

Grant advertised in local paper.

 

8

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

Funding on a 1:1 basis

Closing date: 28 May 2008

DEP

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

·     Flood study—Deep Creek

·     Implementation of Nambucca River Estuary Management Plan

·     Updated flood study Lower Nambucca

Stage 2 Coastal Hazard management Plan.

 

9

NSW Environmental Trust Round 3 – Urban Sustainability Program

Closing date: 20 June 2008

DEP

Council previously resolved to submit both a joint application with Bellingen and Coffs Harbour Councils and an individual application.  Amended criteria excluded individual applications.  Joint application lodged.

10

Community Heritage Grants

Closing date: 30 June 2008 with National Library of Australia

DEP

Information sent to all Museums—13/5/08

11

Northern Rivers CMA – River Reach Program.

Ongoing funding program

DEP

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

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

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

Council’s $5,000 (max) in-kind contribution from the Environmental Levy.

12

NSW Maritime – Maritime Infrastructure Program

Funding on a 1:1 basis

Closes: 22 August 2008

GO & MTS

The Maritime Infrastructure Program (MIP) provides up to $2M annually to local government and community organisations for waterways infrastructure projects that benefit the recreational boating community across NSW, including the provision of public wharves/jetties, boatramps, public sewage pumpout facilities and public moorings.

Applications submitted for Pontoon and Gangway at Tourist Office Finger Wharf – Nambucca Heads.

Applications submitted with the assistance of the Nambucca River Users Group for pontoon at Macksville with $15,000 from the Environmental Levy and In-kind contributions.

Site meeting with MIP Manager to discuss projects – 24 September 2008.

 

13

Caring for our Country

Caring for our Country Open Grants

Closes: 1 August 2008

Community Coastcare

Closes: 25 July 2008

GO

Caring for our Country is the Federal Government's new natural resource management program.

An application has been submitted to the National Reserve System on behalf of the Nambucca Heads Local Aboriginal Land Council to purchase Faringdon Fields.

14

Natural Disaster Mitigation Program

Attorney General’s Department – Emergency Management Australia

Closes: 29 August 2008

Funding on a 1:1:1 basis

DES

The Natural Disaster Mitigation Program aims to identify and address natural disaster risk priorities across the nation. Funds are available for a range of measures that contribute to safer, sustainable communities better able to withstand the effects of natural disasters.

This program is being jointly funded by Commonwealth, State and local governments to help local communities better prepare for natural disasters such as floods, bushfires, storms or landslides.

15

Regional Arts Fund (NSW)

Australian Government – Regional Arts Fund

 

Closes: 14 August 2008

MBD

Application for Macksville Memorial Aquatic Centre mosaic mural under the Partnerships Program.

16

NSW Blackspot Program

 

Closes: 22 August 2008

 

MTS

RTA is inviting all Councils to identify and nominate new conforming projects for the 2009-2010 programme. Construction costs must be greater than $10,000 for rural Councils.

Application completed to gain funding for pedestrian refuge at Bowra Street (intersection of Wellington Drive, Woods Lane, Back Street, Fraser Street), Nambucca Heads

17

Department of Lands

 

NSW Government’s Waterways Program

 

Closes: 26 September 2008

 

Funding on 1:1 basis

GO

Expression of interest need only identify the area to be dredged, an indicative dredging cost, the relationship with any existing estuary management plan, comment on history / practicality of dredging and an indication of the benefits to be obtained from the dredging (with a focus on recreational boating).

Department of Lands is interested in projects that may fall into next years budget or next 2 to 3 years and ongoing as they understand that Council may not have allocated any funding in current budget to project.

 

For further information please see Trim document 20060/2008.

 

It is suggested that Council do not submit an application for major dredging as Council has not the allocated 50% of funds required under this program.

 

An application maybe considered for minor work downstream of the Gordon Park boat ramp for navigation purposes.  Consideration would need to be given to the costs and practicality of site establishment.

 

18

Northern Rivers CMA

River Health Plan Development (Stage 1)

Closes: 1 December 2008

GO

River Health Plan Development (Stage 1)

A River Reach plan needs to be developed prior to project implementation. In most cases, groups undertake the plan development in one year and then apply to implement the plan the following year.

To develop a river health plan Council can:

Submit an Expression of Interest (EOI) for Plan Development using form provided. This is a competitive process, EOIs for plan development will be assessed (using eligibility criteria) and ranked. Successful applicants will receive assistance from an NRCMA officer to produce a plan, OR Produce a plan independently.

19

Northern Rivers CMA

Development and Implementation of local Government local scale coastline NRM plans

GO

Funding to provide consistent standardised beach access signage across the Shires coastal foreshore accesses utilising current best practice signage systems for aquatic and recreational use.

 

Joint application with DECC.

20

Area Assistance Scheme

Closes: 10 October 2008

GO & MCCS

The Area Assistance Scheme (AAS) is a regional community development program run by the Department of Community Services. It provides grants to local councils and non-government organisations for projects that improve community well being and how communities function. The AAS works within a whole-of-government framework to deliver its outcomes.

 

Council staff in consultation with the committees of management are in the process of  identifying possible projects for submission.

 

21

Arts NSW – Program Funding and Project Funding

 

Closes: 10 October 2008

GO

Program funding is intended to be applied to the costs of delivering the principal annual artistic program and activities. Funding may be used for salaries and professional fees, administration and office-related expenditure, and annual production costs. 

 

Project funding is for one-off or time limited projects. Projects include a wide range of artistic events, products, activities or facilities that are separate from or in addition to the annual program of works. Projects do not include annual salaried positions associated with operating an organisation (these are funded under Program Funding). Funds may be used for artists or arts workers fees or production costs associated with delivery of the project. Appendix 1 provides a list of project categories eligible for funding.

22

NSW Sport and Recreation – Capital Assistance Program

 

Closes: 14 November 2008

 

Funding on 1:1 basis

GO

NSW Sport and Recreation (the Agency) offers the Capital Assistance Program for the development of local level facilities with the maximum grant available being $30,000.

 

This program requires applicants to fund at least 50 per cent of the net project cost. Voluntary labour and donated materials are allowed as part of the applicant’s contribution to the project.

 

Eligible applicants are those from local government authorities and incorporated not-for-profit organisations wishing to develop facilities that will increase participation in sport, recreation and physical activity. Local government authorities must submit applications on behalf of their committees eg Section 355 committees.

23

Department of Planning - NSW Heritage Grants

 

Closes: 28 November 2008

 

GO

Works projects for the conservation, maintenance and adaptive reuse of heritage items listed on the State Heritage Register and state significant heritage items. Minimum project value of $25,000 with maximum funding of $75,000 per project.  On ground interpretation works eg signage etc for major tourism focused state significant heritage items with funding up to $20,000 per project.

 

Community strategic products and services for the delivery of state significant or state-wide heritage products and services with funding up to $30,000 per project.  Special program for major cultural and community heritage buildings for the conservation, maintenance, ongoing and adaptive reuse of public halls, town halls, theatres and cinemas etc that are heritage items listed on the State heritage Register, or state or local heritage items listed in a Local Environmental Plan.  Minimum project value $25,000 with maximum funding of $75,000 per project.

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.3      SF111              061108         Decorporatisation of Local Government

 

AUTHOR/ENQUIRIES:     Joanne Hudson, Manager Human Resources         

 

Summary:

 

The State Government has introduced a Bill which seeks to remove the corporate status of NSW councils and county councils and thereby ensure they remain in the State industrial relations system. However, the Local Government and Shires Associations are concerned that the legislation is being rushed through unnecessarily and without proper consultation. They are seeking further legal advice on the matter and will keep councils informed of further developments.

 

Recommendation:

 

That Council note the introduction of the Local Government Amendment (Legal Status) Bill 2008.

 

OPTIONS:

 

Not applicable

 

DISCUSSION:

 

The State Government has introduced a Bill which seeks to remove the corporate status of NSW councils and county councils. The Hon. Barbara Perry MP, Minister for Local Government, gave notice to the NSW Legislative Assembly of the Local Government Amendment (Legal Status) Bill 2008 (the “Bill”) which seeks to amend the Local Government Act 1993 (NSW) to:

 

(a)  remove the corporate status of councils and county councils, and

(b)  provide that a person who is appointed to a position at a council on a temporary basis while the holder of the position is on parental leave may continue in that position for a period of up to 24 months (instead of the existing upper limit of 12 months applicable to other temporary appointments).

 

However, the Local Government and Shires Associations have expressed concerns that the legislation is being rushed through Parliament unnecessarily and without proper consideration and consultation. Preliminary legal advice indicates that the proposed legislation does not remove uncertainty (about the status of NSW local government employees) and may have a significant impact on councils outside industrial relations. Any moves to exclude local government from federal industrial coverage should be done at the federal level.

The Associations are seeking urgent legal advice and will keep councils informed of further developments.

 

 

CONSULTATION:

 

This report was tabled at the Consultative Committee meeting on Tuesday 28 October 2008.

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

FINANCIAL IMPLICATIONS:

 

Not applicable.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.4      SF306              061108         Annual General Meeting - Burrapine Public Hall

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledges the annual general meeting of the Committee of Management for the Burrapine Public Hall and the new Committee.

 

 

Recommendation:

 

1        That Council endorse the Committee of Management for the Burrapine Public Hall and thank the outgoing Committee for their work in 2007/2008.

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The Annual General Meeting of the Burrapine Public Hall Committee of Management was held on Sunday 19 October 2008.

 

The Committee of Management for 2008/2009 is:

 

Chairperson                              Tracey Armes

Secretary                                  Sue Le Maistre

Treasurer                                  Julie Noble

Social Officer                            Jim Armes

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets. 

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.5      SF42                061108         Annual Reporting, Social/Community Planning & State of the Environment Reporting Requirements of Local Councils

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

In its Circular 08-65 of 17 October 2008, the Department of Local Government reminds local councils of current annual reporting , social/community planning and State of the Environment reporting requirements for the 2007/08 year and provides an update on the Integrated Planning and Reporting project.

 

The Department is planning to introduce a new system in three groups of councils over a three year period and Council will be asked to nominate the group it wishes to be in after the legislative changes have been passed by Parliament.

 

 

Recommendation:

 

That Council note the proposed legislative changes to annual reporting, social/community planning and State of the Environment Reporting requirements of local councils.

 

 

OPTIONS:

 

There are not options as this is part of the Department of Local Government’s planned update to integrated reporting and planning legislation.

 

 

DISCUSSION:

 

The Department of Local Government is currently finalising the Draft Amendment Bill, Regulation and Guidelines.  It is planned to release the proposed planning and reporting system for full public consultation in November 2008, so that the associated Bill may be introduced to Parliament in the 2009 Budget session.

 

It is planned to introduce the new system in three groups of councils over a three year period.  Councils will be asked to nominate the group they would like to be in after the legislative changes have been passed by Parliament, as follows:

 

Group 1        Community Strategic Plan adopted by 31 March 2010 and Delivery Program adopted by 30 June 2010.

 

Group 2        Community Strategic Plan adopted by 31 March 2011 and Delivery Program adopted by 30 June 2011.

 

Group 3        Community Strategic Plan adopted by 31 March 2012 and Delivery Program adopted by 30 June 2012.

 

Councils are encouraged to consider which group they would like to be in.

 

A copy of the Department’s circular is attached.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications to the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds at this time.

 

Attachments:

1View

26096/2008 - DLG Circular 17 October 2008

 

 

 


Ordinary Council Meeting - 6 November 2008

Annual Reporting, Social/Community Planning & State of the Environment Reporting Requirements of Local Councils

Attachment 1

26096/2008 - DLG Circular 17 October 2008

 

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.6      SF976              061108         Funding Agreement Between the Department of State and Regional Development, Australian Precast Solutions Pty Ltd and Nambucca Shire Council for Upper Warrell Creek Road Railway Overbridge.

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Department of State and Regional Development has prepared a Deed of Agreement to give effect to $280,000 to be made available to Council for the replacement of the Upper Warrell Creek railway overbridge.  This is in accordance with previously reported funding arrangements for the project.

 

It is recommended that Council enter into a Deed of Agreement with the Department of State and Regional Development and Australian Precast Solutions Pty Ltd for the provision of funding for the Upper Warrell Creek Road railway overbridge and that Council’s seal be attached to the agreement.

 

 

Recommendation:

 

That Council enter into a Deed of Agreement with the Department of State and Regional Development and Australian Precast Solutions Pty Ltd for the provision of funding for the Upper Warrell Creek Road railway overbridge and that Council’s seal be attached to the agreement.

 

 

OPTIONS:

 

Council can elect not to enter into the Deed of Agreement but there would be shortfall of $280,000 in funding for the bridge replacement which would require a budget review.  Council could seek modification to the provisions of the Deed but these may not be accepted and in the meantime there will likely be a funding shortfall as invoices for bridge work fall due for payment.

 

DISCUSSION:

 

The Department of State and Regional Development has prepared a Deed of Agreement to give effect to the funding which is to be made available to Council via Australian Precast Solutions Pty Ltd (the “Abigroup” factory) for the replacement of the Upper Warrell Creek Road railway overbridge.

 

The Deed of Agreement will provide $280,000 (ex GST) in financial assistance to Council based on the following milestones:

 

Milestone 1 = $100,000 (ex GST) to be payable upon the Company commencing works in relation to the pre-cast concrete manufacturing plant in Macksville by 31 July 2008.

 

This milestone has been achieved and the Deed of Agreement provides that Council must lodge a claim for payment on or before 30 November 2008 and provide written evidence that the milestone has been achieved.

 

Milestone 2 = $90,000 (ex GST) to be payable upon the commissioning by the Company of the pre-cast concrete manufacturing plant in Macksville and commencement of production of pre-cast concrete products at the Macksville plant by 31 December 2008.

 

This milestone has been achieved and the Deed of Agreement provides that Council must lodge a claim for payment on or before 30 April 2009 and provide written evidence that the milestone has been achieved.  At this time the Council must also provide written evidence to the satisfaction of the Department that the construction of the new Upper Warrell Creek Road railway overbridge has been completed.

 

Milestone 3 = $90,000 (ex GST) to be payable upon the Company achieving the employment milestones at the pre-cast concrete manufacturing facility in Macksville as set out in the Appendix clause 1.2.3.

 

This milestone requires that the Company meet the employment target of at least 36 full time equivalent positions at the pre-cast concrete manufacturing facility and maintain at least 36 full time equivalent positions for the period to 31 March 2009.  In relation to this milestone Council must lodge a claim for payment on or before 31 December 2009 and provide written evidence of achievement of the milestone.

 

The Deed does provide:

 

Repayment of Assistance

 

7.2     If in the reasonable opinion of the Department the Company and/or the Council fails to meet any of the Performance Criteria in whole or in part, the Company and/or the Council must repay to the Department the whole or any part of the Assistance previously paid to the Council pursuant to this Deed having regard to the nature and extent of the Company’s non-compliance and the extent of the Council’s non-compliance, the extent to which the economic benefits of the Project as contemplated by the Department in entering into this Deed have been achieved, together with interest calculated in accordance with the daily published Commonwealth Bank of Australia corporate overdraft reference rate as demanded by the Department within 28 days of the Department serving notice of demand under this clause upon the Company and/or the Council.

 

Representations have already been made to the Department in relation to a previous draft of the agreement which meant the Company and Council providing an extended guarantee in relation to Milestone 3 extending over 2 years.  This has been reduced in the proposed deed.  Representations have also been made to the Department in relation to Clause 7.2 above, but the Department is not prepared to amend this clause as it is a “standard” in all of their funding agreements.

 

Council has signed a contract for the construction of the Upper Warrell Creek Road railway overbridge and it is anticipated that site works will commence in early November 2008.  In terms of the funding milestones, milestones 1 and 2 have already been achieved, and whilst there is some risk attached to Milestone 3, it is minimal and represents funding which Council would otherwise need to obtain from its own sources.

 

Therefore Council should enter into the Deed of Agreement.

 

The funding arrangements for the project as reported to Council’s meeting on 5 June 2008 remains as:

 

Water supply                                                                                              $  15,000

Section 94 roads                                                                                         $286,000

Section 94 Warrell Creek Road overbridge                                                     $  90,000

Abigroup (Voluntary Planning Agreement)                                                      $100,000

Deed of Agreement with DSRD                                                                     $280,000                                     

Rail Infrastructure Corporation                                                                       $  88,500

Loan (repay via Section 94 contributions)                                                       $  96,500

Total                                                                                                          $956,000

 

It should be noted that all of Council’s Section 94 road funds will be used for the project and this has an opportunity cost.

 

Estimated Expenditure

Bridge structure (11.4m x 21m @$2,500, minor foundations expected)             $600,000

Rock throwing fence                                                                                    $  25,000

Asphaltic concrete deck                                                                               $  10,000

Eastern road approach (140m, k&g, no footpath)                                            $108,000

Western road approach (156m, part k&g)                                                       $140,000

Intersection towards South Macksville                                                           $  28,000

Water main relocation                                                                                  $  15,000

Services relocation (phone, power)                                                                $  30,000

Total                                                                                                          $956,000

 

CONSULTATION:

 

There has been consultation with the Department of State and Regional Development in relation to the provisions of the Deed.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As the deed of agreement relates to financing there are no implications for the environment.

 

Social

 

As the deed of agreement relates to financing there are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There is a risk in relation to the achievement of the third milestone but the Company is confident its order book will allow this employment criterion to be achieved.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The deed concerns the payment to Council of $280,000.  If it is not provided by the Department of State and Regional Development then it will need to be met from Council’s funds via a budget review.

 

Source of fund and any variance to working funds

 

If the Deed of Agreement is endorsed there will be no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.7      RF386              061108         Rights of Carriageway off Rhones Creek Road

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

A subdivision, undertaken in 1984, made Council the sole beneficiary of a right of carriageway over an access road within lot 1211 DP 708607.  This was apparently a mistake as it was intended to provide a right of carriageway in favour of land to the west of lot 1211.

 

Subsequently, the adjoining owners obtained rights over the access road (by transfers granting easement in 1989 and 2001).  In effect all the users of the access road now have a legal right to do so.

 

The right of carriageway now requires considerable expenditure to maintain it in a trafficable condition.  In particular there is a bridge on the right of carriageway which is in poor condition and will require replacement.  As Council has been a beneficiary of the right of carriageway, landowners have argued that Council is responsible for part of its maintenance.

 

It is difficult to identify how Council has a liability, legal or otherwise, for maintenance of the right of carriageway, including the bridge.  Council has no property interest affected by the right of carriageway; Council has not used the right of carriageway in a regular sense in the past and has no reason to use it in the future.  Council’s involvement in assisting with the upgrading of the right of carriageway is being sought at a time when it has fallen into such a state of disrepair that there is a very large capital cost to bring it up to a reasonable standard.

 

Given these circumstances and the difficulties Council has in providing adequate funding for its own road and bridge assets, it is recommended that Council make no financial contribution towards the right of carriageway.

 

However should Council identify that it has a financial responsibility it should be limited to a one fifth share being payable on the presentation of an invoice/invoices for work undertaken.  A provision would need to be made in Council’s budget for 2009/2010 and any payments should be time limited to the period 1 July 2009 to 30 June 2011 which would provide the remaining beneficiaries with 2.5 years to organise and undertake the work.  For liability and cost reasons, Council’s Engineering Services staff should have no involvement in the design or supervision of any work.

 

 

Recommendation:

 

That Council execute an extinguishment of easement to cancel its right of carriageway off Rhones Creek Road and that the common seal of Council be affixed to the document and signed if necessary.

 

 

OPTIONS:

 

For the reasons discussed in the report it is not recommended that Council make any financial contribution towards the maintenance of the right of carriageway.

 

However, if Council believes it has a financial responsibility then an alternative motion would be:

 

1  That Council execute an extinguishment of easement to cancel its right of carriageway off Rhones Creek Road and that the common seal of Council be affixed to the document and signed if necessary.

 

2  That Council make provision in its budget for 2009/2010 for a contribution towards the repair/maintenance of the right of way being limited to a one fifth share to be payable on the presentation of an invoice/invoices for work undertaken.

 

3  That Council’s offer in respect of 1. above be limited to invoices received between 1 July 2009 and 30 June 2011.

 

4  That Council’s Engineering Services Department not be involved in the design or supervision of any work with Council’s contribution being restricted to the monetary payment on receipt of an invoice.

 

5  Should additional beneficiaries arise out of subdivision or other means then Council reserves the right to review its contribution so that it remains proportional to the number of beneficiaries.

 

 

DISCUSSION:

 

A subdivision, undertaken in 1984, made Council the sole beneficiary of a right of carriageway over an access road within lot 1211 DP 708607.  This was apparently a mistake as it was intended to provide a right of carriageway in favour of land to the west of lot 1211.

 

Subsequently, the adjoining owners obtained rights over the access road (by transfers granting easement in 1989 and 2001).  In effect all the users of the access road now have a legal right to do so.

 

The matter came to the attention of the Director Engineering Services following an inquiry by a landowner as to responsibility for maintenance of the right of carriageway.  It has been argued by landowners that because Council is a beneficiary it is responsible for part of the cost of maintenance.  The right of carriageway requires the replacement of a bridge at a large capital cost, estimated by Council staff to be in the vicinity of $140,000.  Besides the bridge there is also a maintenance requirement for the access road.

 

In the event of an accident taking place on the road due to lack of maintenance or any other reason it is possible that Council may be partly liable.

 

It was recommended to Council’s meeting on 3 July 2008 that the easement in favour of Council be cancelled by lodging a dealing to that effect with the Department of Lands (Land and Property Information).  This was based on advice provided to Council’s Surveyor from the Land Titles Office. 

 

Council resolved to undertake an inspection of the rights of carriageway at the next Works Inspection Committee meeting and that staff report on concerns with subdivisions regarding the conditions relating to maintenance liability and whether maintenance was considered.  Also that Council receive any information which Mr Gaddes may have to be included.

 

An inspection was undertaken on 16 July and it was resolved on 17 July:

 

1.       That Council seek legal advice regarding withdrawing our interest from the rights of carriageway.

 

2.       That Council seek legal advice as to its responsibilities as a beneficiary of the right of way.

 

Council’s solicitor has now advised that the appropriate course of action is to extinguish the easement.  A copy of his most recent advice is attached.

 

It is difficult to identify how Council has a liability, legal or otherwise, for maintenance of the right of carriageway, including the bridge.  Council has no property interest affected by the right of carriageway; Council has not used the right of carriageway in a regular sense in the past and has no reason to use it in the future.  Council’s involvement in assisting with the upgrading of the right of carriageway is being sought at a time when it has fallen into such a state of disrepair that there is a very large capital cost to bring it up to a reasonable standard.

 

Given these circumstances and the difficulties Council has in providing adequate funding for its own road and bridge assets, it is recommended that Council make no financial contribution towards the right of carriageway.

 

However should Council identify that it has a financial responsibility it should be limited to a one fifth share being payable on the presentation of an invoice/invoices for work undertaken.  A provision would need to be made in Council’s budget for 2009/2010 and any payments should be time limited to the period 1 July 2009 to 30 June 2011 which would provide the remaining beneficiaries with 2.5 years to organise and undertake the work.  For liability and cost reasons, Council’s Engineering Services staff should have no involvement in the design or supervision of any work.

 

 

CONSULTATION:

 

There has been consultation with the Mayor, Council’s Solicitor, and the Director Engineering Services.

 

A copy of this report has been forwarded to Council’s Solicitor for his information and comment.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There is obviously conflict in relation to who is responsible for the maintenance of the right of carriageway, however this is limited to the owner and the beneficiaries.

 

Economic

 

There are no general economic implications.

 

Risk

 

Council needs to reduce its risk by removing itself as a beneficiary of the right of carriageway.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no quote for the cost of repairing/replacing the bridge.  There is no quote for any work to be undertaken on the road way.  The estimate by Council’s Director Engineering Services to replace a bridge 20m long and 4.4m wide is $140,000.

 

Council has no allocated funds to contribute to the cost of repairing the right of carriageway including the bridge.  Any allocated funds would need to be provided in Council’s budget for 2009/2010.  There will obviously be difficulties in making an estimate if there are no quotes or agreement amongst the beneficiaries as to the work to be done.

 

Source of fund and any variance to working funds

 

It is not recommended that Council apply working funds to fund repairs to the right of carriageway.

 

Attachments:

1View

27306/2008 - Legal Advice from Terry Perkins on Rights of Carriageway off Rhones Creek Road

 

 

 


Ordinary Council Meeting - 6 November 2008

Rights of Carriageway off Rhones Creek Road

Attachment 1

Doc no. 27306/2008 Legal Advice from Terry Perkins on Rights of Carriageway off Rhones Creek Road

 

 

 

tp.mh

 

28th October 2008.

 

The General Manager

Nambucca Shire Council

P.O. Box 177

MACKSVILLE.  2447

 

Dear Sir,

 

RE:        RIGHTS OF CARRIAGEWAY OFF RHONES CREEK

              ROAD

 

I refer to your letter of the 27th October 2008.

 

I also refer to my letter to you of 25th September 2001 (Your Ref.) D.A. 2001/051)(Keith Moore).

 

I refer to Council’s letter of 11th September 2008 (RF386)(Phillip Smith) with copy of Email from the Land Titles Office attached.

 

I confirm my telephone advices to Phillip Smith that I had contacted my Sydney Agent about extinguishing the easement and was advised:-

 

(a)      As the Easement was an easement in gross benefiting the Nambucca Shire Council, Council could extinguish the easement without the consent of the owner of Lot 1211.  The Certificate of Title for Lot 1211 would not need to be produced at the Land Titles Office to extinguish the Easement.

(b)     Mr. Smith advised me that it appears that the Nambucca Shire Council was made the beneficiary in error.

 

The land to the west of Lot 1211 i.e. Lot 85 D.P. 755537 and Lot B D.P. 381441 have right of Carriageway over Lot 1211.  These Rights of Carriageway were granted by transfer and grant and Section 88B Instrument separate and apart from the Right of Carriageway benefiting Council.

 

 

 

Nambucca Shire Council                                                        28.10.2008.

 

Lot 85 and Lot B have a Right of Carriageway across Lot 1211 is  exclusive of and not dependant upon any Right of Carriageway which Council may have the benefit of.  Those Rights of Carriageway are separate and exclusive to the Right of Carriageway which benefits Council and the owners of Lot 85 and Lot B do not have to rely on Council’s Right of Carriageway to use the Right of Carriageway across Lot 1211.

 

If Council’s easement in gross (Right of Carriageway) was extinguished it would be of no detriment to the owners of Lot 85 and Lot B.

 

The definition pursuant to the Conveyancing Act as to who may use a Right of Carriageway is as follows:

 

“Full and free right for every person who is at any time entitled  to an estate or interest  in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by him, to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any part thereof”

 

The dominant tenement in respect of the lands to the west are Lot 85 and Lot B.  The Servient Tenement is Lot 1211.

 

Council has no control over the persons who, the owners themselves, invitees or other persons, (whether authorised or not by the owners of Lot 85 and Lot B)  who cross the right of carriageway.

 

The question of maintenance of the Right of Carriageway will hinge upon who is using the Right of Carriageway.

 

Yours faithfully,

…………………………..

TERRY PERKINS

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.8      SF695              061108         Licence for Occupation of Bowraville Race Course

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

The Bowraville Racecourse complex comprises the following properties:

 

1        Lot 75 DP 755549       The racecourse proper - described as Bowraville Racecourse Trust of which Council is the Reserve Trust Manager.

2        Lot 3 DP 593774         Buildings - classified as community land.

3        Lot 4 DP 593774         Strip of land forming the starting chute - classified as community land.

4        Lot 5 DP 593774         Owned by Nambucca River Jockey Club Inc.

 

Nambucca River Jockey Club Limited have a Licence Agreement over Lot 3 and 4, DP 593774 which are freehold Council owned Reserves and Lot 75, DP 755549 which is a Crown Reserve being Reserve R540002 for Public Recreation notified on 13 May 1887.

 

Council resolved at their meeting on 1 November 2007 to grant a Licence to Nambucca River Jockey Club for Lots 3 & 4 DP 593774 at an annual rental of $376.00.  This Licence period has now expired.

 

To formalise the Club’s occupation, a further Licence is required for the period 9 September 2008 onwards.

 

The Nambucca River Jockey Club holds a Licence to Occupy the Bowraville Racecourse Trust Reserve (75/755549).  The Licence is due to expire in 2013.  Rental from the Licence Agreement amounts $396.00 per annum.

 

It is proposed that the rent for Lots 3 and 4 DP 593774 be set at the same minimum statutory rent for Crown Reserve Lands currently being $396.00 per annum.

 

Crown Land Leases and Licences are created in house using the Crown Land template.

 

Recommendation:

 

1        That Council grant a Licence to the Nambucca River Jockey Club for the occupation of Lots 3 and 4 in DP 593774 at a base rental of $396.00 per annum and on like terms to the Licence Agreement between the Bowraville Racecourse Trust and the Nambucca River Jockey Club Inc.

 

2        That Council advertise for public submissions details of the proposed Licence for Occupation of Lots 3 & 4 in DP 593774 to the Nambucca River Jockey Club.

 

3        That Council authorise the General Manager or Mayor to finalise negotiation to the Licence Agreement and execute all necessary documents, under seal where required, to give effect to the Agreement.

 

 

OPTIONS:

 

Licences are required to formalise occupation.

 

 

DISCUSSION:

 

The Nambucca River Jockey Club seeks to formalise its occupation of Lots 3 & 4 in DP 593774 to enable the continuance of horseracing events and training conducted by the Club.

 

For some time past Council has licensed the land on an annual basis in conjunction with a Licence to the Club by the Bowraville Racecourse Trust (of which Council is the appointed manager).

 

The most recent Licence for the Bowraville Racecourse Trust is for a period terminating in September 2013.

 

It is proposed to grant a Licence for Lots 3 & 4 for an equivalent duration to the Crown Licence and on like terms.

 

Classification and Licensing of Council Freehold Land at the Racecourse.

 

Lots 3 & 4 are classified as community land.  The author understands from the General Managers report submitted to Council in November 2000 that the land is categorised as a sportsground within the meaning of division 2 of chapter 6 , Part 2 of the Local Government Act 1993.

 

LGA 1993 enables Council to lease or licence community land on the proviso it is leased or licensed in accordance with core objectives of the categorised land.  The core objectives for management of community land categorised as a sports ground are:

 

(a)      To encourage, promote and facilitate recreational pursuits in the community involving organised and informal sporting activities and games, and

(b)      To ensure that such activities are managed having regard to any adverse impact on nearby residences.

Council is required to publish a public notice of the proposed lease and invite submissions concerning the proposal over a period of not less than 28 days. (Section 47 LGA)

In light of the existing lease over the Crown Reserve to the Nambucca River Jockey Club it would be most efficient and cost effective to ensure that the balance of the racecourse complex is licensed to the same organisation.  Furthermore the Licence of Lots 3 & 4 should be drafted in like terms and tenure to that of the Crown Licence to ensure the efficient management and administration of the Licence Agreement and rent collections.

 

 

CONSULTATION:

 

The Nambucca River Jockey Club.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issue arising from the recommendations.

 

Social

 

Race meetings are significant calendar events on the Nambucca Shire social calendar.

 

Economic

 

Race meetings attract visitors to the Shire.

 

Risk

 

On the proviso the Club holds the requisite insurance policy (which is a condition of the licence agreement) the risk to Council should be negligible.

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Rent will be collected for the Licence on an annual basis.

 

Source of fund and any variance to working funds

 

Funds not required from working funds.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.9      SF382              061108         Scotts Head Caravan Park and Reserve - Report on Progress of MasterPlan

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The report provides a summary of progress to date with the Scotts Head Caravan Park and Reserve Masterplan and Business Development Strategy.

 

 

Recommendation:

 

That the information concerning the progress of the draft Masterplan and Business Development Strategy for the Scotts Head Caravan Park and Reserve be received.

 

 

OPTIONS:

 

There are no real options.  The project is nearing completion and a draft should be available for the briefing of Councillors and the general public in the near future.

 

DISCUSSION:

 

At Council’s meeting on 16 October 2008 it was resolved:

 

1.   That Council receives a comprehensive report regarding the preparation of the Masterplan – at the very least, the report should cover the project timeline, progress to date and budget details.

2.   That Council invite the Masterplan consultants to present the draft Masterplan to a General Purpose Committee meeting before it is placed on public exhibition.

 

Council endorsed a revised Memorandum of Understanding (MoU) for the Masterplan project at its meeting on 2 November 2006 and resolved to commit $20,000 to the project to be funded from the Property Development Reserve.

 

The MoU provides for the management of the project via a Project Facilitation Team.  Clause 7.4 of the MoU provides that the parties (the Department of Lands and Council), through the Project Facilitation Team, will work with the consultant to prepare a mutually agreed Draft Master Plan, which will then be put on public exhibition for comment prior to adoption.  Council’s representatives on the Project Facilitation Team are the Mayor and General Manager.

 

There was considerable delay in starting the project with the first draft of a brief being provided to Council from the Department of Lands in October 2007.  Tenders were then sought and the evaluation of those occurred in February 2008.  The consultants who were selected to prepare the Masterplan, Integrated Site Design (ISD), were formally engaged in late April 2008.

 

The contract for the services of ISD provided for a period of 16 weeks to complete a draft Masterplan and Business Development Strategy.  Therefore the project is running late.

 

The Project Facilitation Team will be meeting at the office of the Department of Lands at Taree on Thursday 30 October 2008 to be briefed on a draft Masterplan and Business Development Strategy.  From discussions with the consultants it is understood that they wish to have the draft Plan released for comment in early December and be on exhibition at Scotts Head and at other locations over the Christmas/New Year period so that both locals and regular visitors alike have the opportunity to make comment.

 

At the meeting on Thursday 30 October arrangements for the briefing of Councillors and the general public will be discussed.  The release of information will be subject to the endorsement of the Department of Lands.

 

ISD have provided the attached information in response to Council’s resolution of 16 October 2008.

 

CONSULTATION:

 

There has been consultation with ISD.  There will be further consultation with ISD and the Department of Lands on 30 October 2008.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As a progress report there are no implications for the environment.

 

Social

 

As a progress report there are no social implications.

 

Economic

 

As a progress report there are no economic implications.

 

Risk

 

At this stage there are no identifiable risks.  The Department of Local Government is seeking a response to previous enquiries about the occupation of community land by the “semi-permanent” section of the caravan park.  They have been provided with an undertaking that Council is working to resolve the legal issues regarding this occupation.  Upon release of the draft Masterplan for comment the Department should be advised of Council’s progress.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.10    DA2007/224      061108         Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has lost the appeal concerning its refusal of consent to a dwelling extension at 18A Matthew Street.  The Court is yet to indicate its reasons in a written judgement.  The outcome may create a perception that other dwellings or dwelling extensions will be approved up to a height of 8m along this eastern section of Matthew Street regardless of the impact they may have on views.  Should Council wish to have a better legal standing to defend any similar decisions in the future then it needs to consider incorporating the height standard in its local environmental plan rather than a development control plan.  This will be done via the proposed template draft local environmental plan but given the potential for delay it is recommended that Council proceed with a “spot” rezoning to improve its legal standing pending the gazettal of the template LEP.

 

 

Recommendation:

 

1        That pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979, Council resolves to prepare a draft Amendment to amend the Nambucca Local Environmental Plan 1995 by restricting building height to 5m above natural ground level on the land shown on the attached map.

 

2        That Council inform the Director-General of the Department of Planning of its decision to prepare the draft LEP amendment and in Council’s opinion a Local Environmental Study is not required.

 

3        That Council request the Department of Planning to issue a “Written Authorisation to Exercise Delegation” to enable Council to exercise the Director-General’s functions under Section 65 and 69 of the Environmental Planning and Assessment Act 1979.

 

 

OPTIONS:

 

Council can adopt the recommendation or maintain the status quo where the existing DCP 3 is the height control.  Alternatively Council could expand the area shown on the attached map to all of the nominated 5m height areas in Scotts Head.  As the immediate issue is any perception created by the Court’s approval of the dwelling extension at 18A Matthew Street, it is recommended that the draft LEP be limited to this section of street.

 

 

DISCUSSION:

 

The hearing of the appeal concerning Council’s refusal of consent for extensions to the dwelling at 18A Matthew Street commenced on site and at the Macksville Court on Friday 22 August 2008.  At the luncheon adjournment of the hearing on 22 August, the applicant to the appeal made the following offer:

 

a)       Set the balcony back 2m increasing the setback from the rear boundary

b)       Set the rear wall of the upper room back 1m increasing the balcony

c)       Agree to screen on north of balcony

d)       Maintain overall height of 6m (as per previous council decision) from the end of the stairs (on the living room)

 

Subsequently amended plans were submitted but following checking by Council’s planning consultants, King and Campbell, it was not accepted that the amended plans maintained an overall height of 6m, ie the plans showed heights in excess of 6m notwithstanding the offer made at the court.

 

The General Manager was provided with delegated authority to enter into consent orders following consultation with the Mayor.  After consultation with the Mayor and the second respondent it was agreed not to accept the amended plans.

 

The hearing then resumed at the Land and Environment Court in Sydney on Monday 13 October 2008.  The Council was represented by the General Manager with planning evidence being provided by Mr Anthony Thorne from King and Campbell.  Also in attendance in the event of being called to give evidence was Mr Craig Teasdale, architect also from King and Campbell.

 

As there was no agreement in relation to the amended plans, the applicant withdrew them and relied on the original plans.

 

The hearing was not completed on Monday but as Council’s submissions had been completed, Council and its planning experts were excused.

 

The hearing then resumed for summing up by the second respondent and the applicant on Tuesday 14 October 2008.

 

Council has been verbally advised by those in attendance on Tuesday that the Commissioner approved the development subject to an increase in the rear setback of 1 metre.  He is yet to hand down a written judgement, but in essence he rejected the arguments of Council and the second respondent in relation to the significance of the view loss, particularly to Mr Leevers and also the potential precedent.  Whilst Council is yet to receive the judgement, the principle would seem to be that incremental view loss can occur, but that Council should reject applications which take the incremental loss beyond an “acceptable” level.  In arriving at this outcome it would seem that the Commissioner did not attach overwhelming weight to the provisions of the DCP notwithstanding the consistency of its application by Council.

 

Council commissioned a major review of DCP 3 by Sutherland Koshy Planning and Urban Design which was completed in July 2007 and which specifically considered this location.

 

During this process, the issue of the 5 metre height limit in Matthew Street and Ocean Street was discussed at four of the meetings of the Shirewide Structure Plan Reference Group.

 

On 31 July 2006, the minutes indicate that, “a consensus was reached that the current 5m and 8m height limits be retained in Scotts Head with a 10m height limit for mixed use apartments in the 3(a) zone area being Lot 1 DP 802413 and Lot 100 DP 846582.”

 

On 9 May 2007 the minutes of the Reference report that the following motions were carried:

 

“The Group support the height limits in the current DCP which is 5m height limit with sloping land on the lower side of the building being able to be approved to 8m with the status quo remaining regarding height limits on Matthew Street”.

 

“To delete reference to mixed use apartments in Ocean Street from Vernon Street to (but not including), the Post Office/Real Estate and this area be retained at 5m in height.”

 

“To retain the mixed use apartments form and including the Post Office/Real Estate to the 3(a) commercial zone in Short Street and permit a 10m height limit over these sites.”

 

On 31 August 2007 the Reference Group endorsed the Draft DCP 3 recommendation that for, “Scotts Head the status quo remains for height limits in Matthew Street.  Diagrams in the new DCP will clarify and show clearly the requirements in Scotts Head for 5m height limits and the 8m limit allowed.”

 

There was considerable public interest in the review of DCP 3 including 44 submissions making direct reference to the 5m height limits in Matthew Street and Ocean Street, Scotts Head.  Of these, 39 submissions were in favour of retention of the existing height limits relating to the 5m area.  Of the 5 submissions opposing the 5m height limit three related to existing commercial premises in Ocean Street.

 

Council has yet to finally deal with Draft DCP 3 but both the Draft DCP 3 as well as the draft template Local Environmental Plan provide for a 5m height limit in this eastern section of Matthew Street.  It is impossible to replicate the provisions of DCP 3 which provides for a height of up to 8m as long as it does not adversely affect views.  The LEP requires a height standard and cannot provide for a differential height as expressed in the existing DCP 3.

 

Given the outcome of this planning appeal, it is apparent that Council will be best placed to maintain a 5 metre height limit by incorporating it in a local environmental plan.  Whilst Council has its “template” LEP substantially underway it is likely there will be delays and in the interim it is possible that development applications may be received from property owners who perceive the judgement for 18A Matthew Street may provide them with an opportunity for approval of an 8 metre high building regardless of its impact on views.

 

Given what has occurred to date it is proposed to bring forward a height limit of 5m for this section of Matthew Street by way of a local environmental plan.  It is proposed to apply the 5m height limit to the land shown in the attachment.  The Department of Planning have advised that notwithstanding the general rejection of “spot” rezonings pending the draft template local environmental plan, in the circumstances they would be prepared to consider a draft local environmental plan for this height standard to enhance Council’s authority in event of similar applications being received.

 

 

CONSULTATION:

 

There has been consultation with the Director Environment and Planning.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The maintenance of public views and to a lesser extent the sharing of private views is an important and valued quality of the village of Scotts Head.  The draft LEP will provide stronger controls for the maintenance of those views than the provisions of the Development Control Plan.

 

Social

 

There is considerable interest in the Scotts Head community in the sharing of views and on the basis of the submissions made to the review of DCP 3 there would seem to be general community acceptance of maintaining height controls to maximise view sharing.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There is a risk to Council that the perception created by the Court’s decision in relation to 18A Matthew Street may prompt similar applications for buildings with heights of up to 8m and with consequent loss of views from adjoining and nearby houses.


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no impacts on Council’s budget.  The draft local environmental plan will prepared utilising Council’s existing staff.

 

For Council’s information, the cost of the appeal for Matthew Street even using the General Manager to submit Council’s case was $26,296.  The costs arose through the preparation of planning and survey evidence by King and Campbell; the attendance of the 2 consultants who prepared the planning and survey evidence at Court in Macksville on 22 August; the time spent assessing the amended plans and attempting to negotiate a settlement based on amended plans which were subsequently withdrawn; and the attendance at Court in Sydney on 13 October by the General Manager and 2 consultants from King and Campbell.

 

Source of fund and any variance to working funds

 

There will likely be an overrun in town planning legal expenses which will need to be considered in the budget review process.

 

Attachments:

1View

27139/2008 - 18A Matthew St Scotts Head

 

2View

27162/2008 - Attachment (2) to Report to Council 6 November 2008Outcome of Planning Appeal 18A Matthew Street Scotts Head

 

 

 


Ordinary Council Meeting - 6 November 2008

Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

Attachment 1

27139/2008 - 18A Matthew St Scotts Head

 

 


Ordinary Council Meeting - 6 November 2008

Outcome of Planning Appeal - 18A Matthew Street - Executive Products -v- Nambucca Shire Council and Others - Preparation of a Draft Local Environmental Plan to Limit Building Height to 5m.

Attachment 2

27162/2008 - Attachment (2) to Report to Council 6 November 2008Outcome of Planning Appeal 18A Matthew Street Scotts Head

 


 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.11    SF962              061108         NSW North Coast Weed Advisory Committee - Nomination of an Elected Member

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The NSW North Coast Weed Advisory Committee has written inviting Council to provide an elected member to their Committee.   Council’s previous representative was Cr Barry Duffus.

 

 

Recommendation:

 

That one Councillor be appointed to the NSW North Coast Weed Advisory Committee with that Councillor being……

 

 

OPTIONS:

 

That Council nominate one Councillor to be Council’s representative on the NSW North Coast Weed Advisory Committee.

 

That Council write to the NSW North Coast Weed Advisory Committee and decline their invitation.

 

 

DISCUSSION:

 

Following the Local Government elections in September 2008 the NSW North Coast Weed Advisory Committee had a number of Council elected members step down and accordingly the Committee is requesting Nambucca Shire Council to nominate a member to serve on the Committee.

 

The Councillor will be required to attend quarterly meetings in February, May, August and November.  Contact is generally made by electronic communication, with agenda papers sent two weeks prior to meetings and minutes of meetings made available as soon as practicable after the meetings.

 

The NSW North Coast Weed Advisory Committee is widely regarded as the leading organisation for weed management in the area.  A broad range of stakeholders are involved, such as Local government Weed Officers, NSW DPI, NSW DECC NPWS, Forests NSW, Northern Rivers CMA, ARTC, Country Energy, NSW Farmers Association, local RLPB, Northern Coast Environment Council and Northern Rivers Landcare Network.

 

The objectives of the Committee are:

 

·              To promote awareness of noxious and environmental weeds within the community

·              To advise the members of the NSW North Coast Weed Advisory Committee on weed matters relating to declaration, control and promotion for the Region

·              To recommend weed policy, declaration, control and promotion to member organisations

·              To promote a positive approach to those people and organisations that are interested in noxious and environmental weeds

·              To educate, train and encourage persons and organisations in all matters relating to noxious and environmental weeds and their control.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Weed control and eradication in our region is a costly exercise.  The most common noxious weeds in Council’s area include: Groundsel Bush, Noogoora Burr, Johnson Grass, Salvinia, Giant Parramatta Grass and Fireweed.

 

Whilst Council has a policy addressing (noxious) weeds, in order to stay abreast of best practice, Council should be represented on the NSW North Coast Weed Advisory Committee.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.12    SF343              061108         Annual General Meeting - Valla Public Hall

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledged the annual general meeting of the Committee of Management for the Valla Public Hall and the new Committee.

 

 

Recommendation:

 

1        That Council endorse the Committee of Management for the Valla Public Hall and thank the outgoing Committee for their work in 2007/2008,

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The annual general meeting of the Valla Public Hall Committee of Management was held on Wednesday 24 September 2008.

 

The Committee of Management for 2008/2009 is:

 

President                        Ron Henderson

Vice President                 Brian Pade

Secretary                        Sarah Pade

Treasurer                         Hilary Panitz

Booking Officer                Anne Pade

Committee Members        Peter Brougham;  Kay Brougham;  Michael Brougham;  Liz Henderson; 

                                      Peter Shales;  Bill Stewart;  Peter Trisley;  Betty Trisley;  Ray Schreiber; 

                                      June Thompson;  Jim Knight.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications  for the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.13    SF335              061108         Annual General Meeting - Talarm Hall

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledges the annual general meeting of the Committee of Management for the Talarm Hall and the new Committee.

 

 

Recommendation:

 

1        That Council endorse the Committee of Management for the Talarm Hall and thank the outgoing Committee for their work in 2007/2008,

 

2        That the Community Services Directory and Committees of Management data source be updated to reflect the new Committee.

 

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The annual general meeting of the Valla Public Hall Committee of Management was held on Wednesday 24 September 2008.

 

The Committee of Management for 2008/2009 is:

 

President                        Jan Reibel

Vice Presidents               Bernice Welsh;  John Nebauer

Secretary                        Sue Nebauer

Treasurer                         Anne Tatnell

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications  for the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

6 November 2008

General Manager's Report

ITEM 9.14    SF380              061108         Rental of Bowraville Theatre

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council resolved on 3 July 2008 that the Bowraville Theatre Group bring back to Council an amended budget report for consideration.  The amended budget report was sought as they had requested Council’s approval to lease the coffee shop in the Theatre and apply that revenue to their activities rather than the loan balance.  The response from the Bowraville Arts Council Inc. is attached.

 

It is recommended that the status quo continue with Council receiving the rent from the chemist shop to offset the interest free loan to the Bowraville Arts Council Inc.  The very slowly reducing loan balance will remain as a reminder of the contribution which Council has made to the project.

 

 

Recommendation:

 

1        That the information provided by Bowraville Arts Council Inc. in relation to their forward estimates for the operation of the Bowraville Theatre be received.

 

2        That Council retain the status quo whereby the monthly rental income from the Chemist shop is applied to the loan balance.

 

3        That Council approve the sub-letting of the Theatre Café by the Bowraville Arts Council Inc. and that the Bowraville Arts Council Inc. be allowed to retain all income from the sub-lease.

 

 

OPTIONS:

 

Council can retain the status quo, ie apply the $532 per month rental income from the Chemist shop towards the recorded loan balance of $173,252.  Alternatively Council can also apply the rental proceeds from the coffee shop towards the recorded loan balance.  Council can waive the loan, although with the on-going income provided by the Chemist shop this is not recommended.

 

DISCUSSION:

 

Council considered a report at its meeting on 3 July 2008 concerning the rental of the Bowraville Theatre.

 

In essence the Bowraville Arts Council Inc. sought approval from Council to sublease the coffee shop at the Theatre with the proceeds of the sublease to be applied to their activities and to free volunteers to concentrate on management and theatre productions.

 

Council resolved on 17 April 2003 to advance an amount of $75,000 to the Bowraville Arts Council to be repaid in November 2003 from grant funds due from the Minister for Arts.  This grant funding was subsequently unsuccessful.  Council also resolved to provide a loan of $69,000 repayable over 10 years.

 

At Council’s meeting on 15 January 2004, it considered a request from the Arts Council for interest only repayments for the full amount as adjusted to $217,875 for an initial period of 2 years.

 

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

 

The recorded loan balance as at 30 June 2008 was $173,252 with the loan being offset by the rent from the chemist shop which is currently $532 per month.

 

Given the loan balance it was recommended that the rental from the Coffee shop be applied to the outstanding loan balance rather than being applied to the activities of the Bowraville Arts Council Inc.  Council resolved at its meeting on 3 July 2008:

 

“That the Bowraville Theatre Group provides Council with an amended budget report for consideration.

That for the interim period of three months the funds go directly to the Bowraville Theatre Group and when the budget comes in Council consider the whole issue.”

 

A response has now been received from the Bowraville Arts Council Inc which is attached.

 

The very good work of the Bowraville Arts Council Inc. in maintaining and operating the theatre is acknowledged.  However Council needs to be wary of making substantial loans to community based organisations on commercial terms, where the prospects of repayment are not commercially assessed.

 

If Council continues the interest free arrangements with the chemist shop rental of $532 per month offsetting the loan balance of $173,252, Council in effect is continuing to make a substantial contribution towards the restoration of the Bowraville Theatre.  Such a contribution towards the restoration of the Theatre can certainly be justified but the arrangements which have been entered into are not really a loan in the sense that there will not be repayment within a reasonable period, with or without interest.

 

It is recommended that the status quo continue with Council receiving the rent from the chemist shop to offset the interest free loan to the Bowraville Arts Council Inc.  The very slowly reducing loan balance will remain as a reminder of the contribution which Council has made to the project.

 

Council has inadequate funds to maintain its existing building assets let alone extend buildings, even though the social benefits of improving the Theatre are not disputed.

 

CONSULTATION:

 

The Manager Financial Services has provided the loan balance as at 30 June 2008.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

The Bowraville Theatre and its restoration is one of the most important projects which Council has undertaken to support the arts in the Nambucca valley and the Bowraville community in particular.

 

Economic

There are no significant economic implications.

 

Risk

There are no implications in relation to risk.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The retention of the status quo has no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

24127/2008 - Estimates for the year 2008/9 for the income from the lease of the Theatre Cafe

 

 


Ordinary Council Meeting - 6 November 2008

Rental of Bowraville Theatre

Attachment 1

24127/2008 - Estimates for the year 2008/9 for the income from the lease of the Theatre Cafe

 



  


Ordinary Council Meeting

6 November 2008

Director Environment & Planning's Report

ITEM 10.1    SF283              061108         Report on Access Committee Meeting Minutes held 26 August 2008

 

AUTHOR/ENQUIRIES:     Coral Hutchinson, Manager Community and Cultural Services         

 

Summary:

 

Attached for Council’s endorsement is a copy of the minutes of the Nambucca Shire Council Access Committee meeting held on Tuesday, 26 August 2008.

 

The minutes of the meeting contain 3 recommendations for Council’s attention which are reproduced as follows:

 

General Business

 

That on the motion of Tracey Mills and seconded Cr Martin Ballangarry, the Access Committee write to the Traffic Committee proposing that Adam Lane become one way to traffic.

 

Manager’s Note:

See comments below from Engineering staff who do not support this recommendation.

 

That on the motion of Tracey Mills and seconded Peter Shales, the Access Committee requests that funding be included in the next budget for the fixing of the footpath area at the front of Nambucca Valley Phoenix Ltd, and the resealing of Adam Lane at the rear.

 

That on the motion of Cr Chris Waller and seconded Tracey Mills, that Peter Shales be elected the new Access Committee Secretary, carried unanimously.

 

 

Recommendation:

 

1          That Council note but not support, the recommendation in regard to one way traffic in Adam Lane, Bowraville.

 

2          That Council consider funding for fixing the footpath area at the front of Nambucca Valley Phoenix Ltd High Street and the resealing of Adam Lane Bowraville, in the 2009-10 budget.

 

3          That Council note that Mr Shales has agreed to undertake the role of Secretary to the Access Committee following the resignation of Ms Michelle Donges.

 

4          That the remaining minutes of the Access Committee meeting held on 26 August 2008 be noted.

 

 

OPTIONS:

 

1        Endorse the minutes and their recommendations

2        Not endorse the minutes

3        Endorse the minutes with amendments

 

 

DISCUSSION:

 

Appointment of Secretary

 

Mr Shales is already an endorsed member of the Committee.

 


Adam Lane Bowraville – Engineering services comments

 

Council’s Manager Technical Services advises that in October 2007 Council received a request from Bowraville Chamber of Commerce requesting that both Adam Lane and Aston Lane be made into one way lanes to improve safety. As this would have a large impact on many residents a letter was sent out to all properties abutting the lane for comments. 109 letters were sent out, 31 replies in total received, for Adam Lane 16 responses were received - 13 x yes to one way and 3 x no to one way, of those favouring the one way operation, 6/13 favoured the North to South direction and 7/13 favoured the South to North direction with the preference depending where they lived along the lane.

 

In February 2008 the Nambucca Shire Traffic Committee meeting reviewed the abovementioned results and its recommendation was that Adam Lane should remain as a two way operation. Council endorsed this recommendation. Therefore Council’s Engineering staff do not support a revisit of this issue only 8 months since this determination.

 

Council’s Director Engineering Services advises that work in Adam Lane Bowraville from Phoenix to Belmore Street has been completed. It involved sealing the road and large scale drainage work, including additional work in Belmore Street itself. The Phoenix to Bowra Street section engineering design work has been completed ready for the time that funding becomes available.

 

Also, footpath redevelopment work has been completed for Nambucca Heads and the focus will now move to Bowraville and Macksville.

 

 

CONSULTATION:

 

Director Engineering Services

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no specific environmental sustainability issues.

 

Social

 

There are no specific social issues identified.

 

Economic

 

There are no specific economic implications from this report.

 

Risk

 

There are no risks identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Specific funding may be required if construction work is required to improve Adam Lane. Funding for this and any redevelopment of the footpath in High Street Bowraville outside Nambucca Valley Phoenix will be considered in the development of future Council budgets.

 


Source of fund and any variance to working funds

 

Nothing required at this point.

 

Attachments:

1View

26569/2008 - Minutes of the Access Committee held 26 August 2008

 

 

 


Ordinary Council Meeting - 6 November 2008

Report on Access Committee Meeting Minutes held 26 August 2008

Attachment 1

26569/2008 - Minutes of the Access Committee held 26 August 2008

 

Present

 

Cr Chris Waller (Chairperson), Cr Martin Ballangarry, Peter Shales, Jennifer Croaker (Guide Dog NSW/ACT), Leanne Howarth (Action Support), Tracey Mills, Les Small, Matt Sullivan (Nambucca Valley Phoenix Ltd), Michelle Donges.

 

 

Apologies

 

Coral Hutchinson (NSC Manager of Community & Cultural Services), Dot Secomb (Blind Citizens Australia), Keith Davis, Margaret Hutchinson, Frank Probert, Lyn Foster, Alba Skye (Nambucca Valley Phoenix Ltd).    

 

 

Housekeeping and Emergency Procedures

 

The meeting was briefed on emergency evacuation exits and meeting points, the location of facilities, and pecuniary interests.

 

 

Declarations of Pecuniary Interest

 

Cr Waller declared an interest in Item 7 General Business and left the meeting for discussion on this item.

 

 

Minutes of Previous Meeting — 22 July 2008

 

RECOMMENDATION: That on the motion of Peter Shales and seconded Cr Chris Waller, the minutes of the previous meeting be accepted.

 

 

Business Arising

 

1        Cnr Winifred & Princess Sts, Macksville

The trial line marking at this intersection outside the supermarket loading bay has not yet been done. An inquiry will be made to NSC Technical Services Dept on a possible timeframe.

 

2        Mid North Coast Access Committee meeting 7/8/08

Adaptable housing was discussed, as was a ‘fit outs’ audit.  It is proposed that money from fines for misuse of disabled parking spaces be given back to the relevant local government council. Disability action plans were discussed. A letter is being drafted to be sent to the RTA to requesting that the timing at traffic lights be extended at the Pacific Highway Macksville and at Coffs Harbour. Also suggest moving the column to a more appropriate position for people in wheelchairs or on scooters, and note that the audio beeping is often not working at lights. Work is still being undertaken on the Mental Health Kit.

 


3        Disability Action Plan

Other disability action plans and associated policies from other organisations have been viewed since the last meeting.

 

 

Correspondence

 

IN            Mid North Coast Area Disability Committee – minutes 13/6/08 & agenda 8/8/08.

               Community & Disability Services Ministers’ Conference – communiqué 23/7/08.

               DADHC Connections magazine (18)2008.

OUT         Nil

 

 

General Business

 

4        Council Election

Reminder that September 13 is the Nambucca Shire Council election.

 

5        Partridge St footpath and street lighting

Enquiries need to be made on the progress of this item brought up at a previous meeting.

 

6        Disabled Parking Permits

Note that photo ID is now on Disabled Parking Permits to help thwart their misuse mainly in the cities to access parking. Organisations have a sticker that they can use when conveying people with disabilities and use parking. People with Disability Parking Permits may legally park in standard parking places for double the stated time.

 

Cr Chris Waller declared an interest in the following item and left the meeting at 2.25 pm.

 

7        Reduced Hydrotherapy Pool hours

The hydrotherapy pool is now closed between the hours of 11.00 am to 2.30 pm. Pool management have stated that this is because there is no lifesaver on duty. Several disability services and rehabilitating individuals can no longer use the hydrotherapy pool in these hours. Aerobic classes are held in the morning in the pool. Action Respite

has staff with Bronze Medallions whom could act as lifesavers when they use the pool, and their own floatation equipment for clients. As there is only one pool wheelchair, this also needs to be timetabled for use between services and individual people whom wish to use it. Action Support has 24 people of high needs that have previously

 

benefited from use of the hydrotherapy pool. Some people are not picked up until 10am and need more time than other people to prepare and be ready for using the pool. Nambucca Pool is not suitable as the change room and pool air temperature is too cool and this change to the warm pool water increases the risk of people with epilepsy having a fit. It is noted that some community members cannot use the hydrotherapy pool as it has only one hand rail. Cr Martin Ballangarry will speak to the Director of Environment and Community to see what can be resolved.

 

2.30 pm Cr Chris Waller returned to the meeting.

 


8        Adam Lane Bowraville

An area has now been tarred and this is a real improvement where Nambucca Valley Phoenix Ltd service users board and alight from buses in Adams Lane. This is the result of a report to Council that people were slipping on the uneven ground, and someone had fallen badly. With a more long term view of making safer access from Adams Lane and also the front footpath of Nambucca Valley Phoenix Ltd, the following motions were passed;

 

RECOMMENDATION: That on the motion of Tracey Mills and seconded Cr Martin Ballangarry, the Access Committee write to the Traffic Committee proposing that Adam Lane become one way to traffic.

 

RECOMMENDATION: That on the motion of Tracey Mills and seconded Peter Shales, the Access Committee request that funding be included in the next budget for the fixing of the footpath area at the front of Nambucca Valley Phoenix Ltd, and the resealing of Adam Lane at the rear.

 

9        Access Committee membership changes

Michelle Donges resigned from the Access Committee due to new work commitments. This left the position of Secretary vacant.

 

RECOMMENDATION: That on the motion of Cr Chris Waller and seconded Tracey Mills, that Peter Shales be elected the new Access Committee Secretary, carried unanimously.

 

Cr Chris Waller resigned as a Councillor representing on the committee. Cr Waller is also not standing again for the next Council elections. The Access Committee thanks Cr Waller for his unwavering support and hard work for Council, ratepayers and the Access Committee.  

 

 

Members Reports

 

·          Action Support, a member of Bellingen Shire Support Network summarised some of their current services, many catering for high support clients. Included is respite for all ages, carer packages for elderly parent carers, & day care for 24 high support clients.

 

·          Nambucca Valley Phoenix Ltd now has a physical trainer that is proving very beneficial for service users.

 

·          Guide Dogs NSW/ACT is very busy, now has a new staff member. Jenny attended a low vision conference in Canada & found Australia is progressive in many areas of accessibility. It was discussed that TGSI’s should not be used on sloping ramps or pavement as this provides a hazard for people in wheelchairs. Standard 1428.4 is being revised for TGSI’s.

 

·          Next Regional Access Meeting is planned to be held on 2 October 2008 at Nambucca Shire Council Administration Centre.

 

 


Next Meeting

 

A reminder that the Disability Action Forum has been scheduled for 9.30 to 12.00 pm on 23 September with a NSC Health & Building Surveyor and Engineer to attend. This will be followed at 2.00 pm by a short Access Committee meeting and Judy Bartholomew from Alzheimers Australia will be giving a presentation on Alzheimers and dementia. This information will be invaluable for the social inclusion and community engagement agendas of the committee.

 

 

Meeting Closure

 

There being no further business, the meeting was declared closed at 3.15 pm.

 

 

 

.......................................... 

Cr Chris Waller

CHAIRPERSON

 

 


Ordinary Council Meeting

6 November 2008

Director Environment & Planning's Report

ITEM 10.2    SF691              061108         Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 24 October 2008

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant         

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. These DA’s are presented should any Councillor wish to “call in” the application to a future meeting. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

3          That Council determine if any of the applications where submissions have been received, are to be “called in” and presented to a future meeting of Council.

 

 

OPTIONS:

 

TABLE 1:   UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

FILE NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2005/310

19/4/05

Change of Use to Furniture Manufacturing Business

Lot 2 in DP 550795, 25 Cooper Street, Macksville.

DA approval relies upon rezoning under draft LEP 66.

2008/013

12/07/07

Dwelling-House

Lot 223 DP 828243, 35 Raleigh Street, Scotts Head

31/07/07 – Letter requesting Bush Fire assessment.
20/08/07 – Letter requesting additional information sent as bush fire assessment incorrect.
23/08/07 – Letter to Local RFS with amended plan & file note.
23/08/07 – Notification to adjoining owners issued.
Letter issued to owner advising of current position with DA.
30/08/07 – Response from Local RFS office requiring Bush Fire Assessment Report.
14/03/08 - Letter to owner requesting the submission of the further information within 14 days.


 

2008/013 continued

 

 

 

18/03/08 – Telephone contact with owner, owner has not made contact with Bush Fire Consultant requested to lodge letter seeking extension of time to have report prepared
25/03/08 – Letter received from owner requesting 8 weeks to finalise Bush Fire Report
Extension granted until 02/06/08
19/6/08 - Additional information received
21/05/08 - Re-referred to Rural Fire Service.
3/06/08 Phone call from the local RFS advising that the application has been referred to the Head Office of NSW Rural Fire Service due to the level of variation sought with this proposed development.
12/08/08 Letter to applicant advising the Head Office of RFS has been contacted in relation to the delays and a response is expected within 2-3 weeks
26/08/08 RFS contacted Council re clearing of land by Council to the rear of the property. Discussions held with DES – there are environmental issues to be considered prior to clearing and a decision is not yet made as to whether it will be a ‘one-off’ clearing or ongoing.
RFS Sydney has been informed of this. Comments received 30/09/08
Applicant is preparing and amended Bushfire Assessment Report to address RFS concerns – report to be submitted by 31 October 2008
To be determined by 14/11/08 if further referral to RFS not required
This application has been “called in” and will be reported to Council once the application is ready to be determined

2008/043

24/08/07

Supermarket, three specialty shops and car park

Lot 2 DP 544563, Lot 13 DP 654087 & Lot 14 DP 654086, 37 Cooper Street, Macksville

DA relies on Department of Planning’s determination of draft LEP 66. Council resolution 19/6/08 to approve the application subject to draft LEP 66 being made by the Minister.

 

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:  3

 

 


TABLE 2:   Development Applications where submissions have been received and are not yet determined.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/193

11/3/08

6 Lot Rural Subdivision

Lot 15 DP 114372, Lot 1 DP 386702, Lot 71 DP 654563, Lot 120 DP 755538, Lot 23 DP 755548 & Lots 44,45,49 & 98 in DP 755546, 207-208 Upper Buckrabendinni Road Buckrabendinni

§ Access from proposed lots

§ Location of dwelling envelopes

§ Aboriginal and archaeological issues

“Stop the clock” in place as it is an Integrated application.

Outstanding matters yet to be finalised and discussed with applicant. Unlikely to be determined in the immediate future
Awaiting from applicant an Aboriginal Registered Sites search and list of sites if applicable, for the development site
Upon completion of this search the Local Aboriginal Land Council Elders are to be consulted
18/06/08 response from DWE confirming general terms of approval for Controlled Activity Approval.
8/8/08 Additional information received confirming no Aboriginal sites recorded on the subject land. Information forwarded to Bowraville Local Aboriginal Land Council giving them 30 days to respond.
This application has been “called in” and will be reported to Council once the application is ready to be determined
5/9/08 30 day letter sent to applicant advising that SEPP1 not supported by Council's  Planning Department and the proposal should be amended to comply with minimum lot sizes. 07/09/08 Applicant advised Council that amended plan will be prepared and submitted by end of October.

2008/244

26/05/08

New dwelling & demolition of existing dwelling

Lot 5 DP 247073, 21 Jones Street, Valla Beach

§ Submission received stating the design does not address the objectives of DCP 3.

§ Proposal fails to address amenity impacts on objector’s property

29/05/08 Further information requested from applicant
24/06/08 Referred to NSW Rural Fire Service.
24/06/07 Additional information submitted by applicant
31/07/08 Letter sent to applicant regarding submissions received
18/08/08 Response from applicant to concerns of adjoining owners
Assessing amended details
RFS to be consulted by Council in relation to recommended conditions
26/09/08 Letter to applicant advising of RFS requirements
6/10/08 Applicant requested information how to reduce APZ classification


 

2008/244 continued

 

 

 

§ 14/10/08 On-site meeting held with owners
Council contacting Department of Lands re possible easement over Reserve for bushfire asset protection zone (APZ)
16/10/08 Enquiries made to Department of Lands
Awaiting response from Department of Lands

2008/267

24/06/08

Proposed Industrial complex for manufacturing buses and ancillary facilities, including manager’s residence and workers cottages.

Lot 1046 DP 826440, Harrimans Lane, Macksville

§ Several submissions have been received objecting to the development as not being suitable for this location as it is not zoned for industrial use and there is residential land surround the proposed area (which is zoned rural)

§ Flooding issues

§ Residential amenity will be affected by light industrial use of the land including visual impact

§ Perceived lowering of values of land

26/08/08 Advice from applicant additional information to be submitted by the end of October.
27/10/08  Extension given until 17/11/08 to provide information to Council
Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application

2008/269

30/06/08

Deck, Garage & Alterations – Change of use to Residential

Lot D Section 9 DP 5611, 48 High Street, Bowraville

§ Submission received in relation to conflicting landuse if converted from Commercial to Residential use and any noise issues from current practices

§ Loss of commercial premises

Application modified to included continued use as a dwelling which has been notified to adjoining owners
Village
zoning – use is permitted
Applicant given until 29/09/08 to submit additional information
Report being prepared for Council determination for meeting of 20 November 2008.

2009/022

26/08/08

Erect Industrial Shed and Commence Industry to manufacture granular products

Lot 75 DP 800111, 37 Yarrawonga Street, Macksville

§ Submissions received in relation to emissions from new development as current business causing airborne dust and odour

Concerns with site distances for semi-trailers turning and going over the centre line – referred to Traffic Committee.
Applicant has been notified concerns and requested to engage a suitably qualified engineer to demonstrate that there is sufficient sight distance, along both approaches to the development, for proposed manoeuvres onto and off the site
16/09/08 Letter sent to applicant requesting further information on traffic issues and pollution issues as raised in the submissions
Response received from the applicant by letter dated 2 October 2008.

Issues being considered by Senior Development Planner.


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2004/014/01

01/09/08

Residential Flat Building

Lot 7  DP 758749 61 Charlton Street, Nambucca Heads

§ Proposal may set precedent for undermining current local amenity

§ Not in keeping with DCP

§ Should limit height to 8m

§ Overuse of site coverage

§ Setback requirements not met

§ Aesthetics not suitable for the location

7/10/08 Senior Development Planner assessing and considering concerns raised
This application has been “called in” and will be reported to Council once the application is ready to be determined

2005/291/01

1/08/08

Concrete Batching Plant - Modify Saturday trading hours

Lot 12 in DP 1046434 and Lot 13 in DP 241033, Scotts Head Road, Way Way

§ Concerns with noise, dust and vibration

§ No benefits to community to extend hours – may set precedent

§ Reduces opportunities to move cattle

§ Lack of consistency with other quarries’ operating hours

§ Confers commercial advantage on one quarry only

§ Difficulties in calculating tonnage of material moved

§ Increase in truck movements bad for Scotts Head Road – already in poor condition

§ Increase in volume would make development “designated” and it should be treated as such

§ Uncertain as to whether operators have fulfilled current DA conditions.

7/10/08 Senior Development Planner assessing and considering concerns raised
This application has been “called in” and will be reported to Council once the application is ready to be determined