NAMBUCCA SHIRE COUNCIL

 

ORDINARY COUNCIL MEETING - 15 JANUARY 2009

 

Acknowledgement of Country     (Mayor)

 

I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.  I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginals present.

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 18 December 2008

5        Notices of Motion

5.1     Notice of Motion - Operational Efficiency of Major Plant and Equipment

5.2     Notice of Motion - North Coast Area Health Service - Job Cuts

5.3     Notice of Motion - Maintenance of Public Toilets

5.4     Notice of Motion - Pacific Highway Upgrade - Land Acquisition - Possible Delays

5.5     Notice of Motion - Leave of Absence - 23 to 27 January 2009 - Cr Paula Flack

5.6     Notice of Motion - Leave of Absence 14 to 21 January 2009 - Cr Martin Ballangarry OAM

5.7     Notice of Motion - Insurance Coverage - Land in Nambucca Shire

5.8     Notice of Motion - Investment Reports  

6        DELEGATIONS—Motion to hear Delegations

9.6     Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

                   (i)   Joy Sheather—Concerned resident

10.1   Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville

                   (i)   Debra Neal & her Legal Adviser

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 January 2009

9.2     Grant Application Status Report - 15 January 2009

9.3     Taylors Arm Hall Committee of Management - Annual General Meeting - 6 December 2008

9.4     Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

9.5     Request by Greenpeace for a Motion Opposing the Construction of New Coal Fired Electricity Plants

9.6     Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council—DELEGATION

9.7     Tender for the Operation and Management of the  Macksville Memorial Aquatic Centre  

10      Director Environment and Planning Report

10.1   Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville—DELEGATION

10.2   Development Application Statistics Report

10.3   Recovery of Costs - Class 4 Proceedings - Mirage Property Group Pty Ltd

10.4   Report on Nambucca Shire Council Application for Funding to NSW Attorney General's Department

10.5   Outstanding Development applications more than 12 months old and applications where submissions have been received and not determined to 6 January 2009

10.6   Report on Modification Application DA 2005/291 - Concrete Batching Plant

10.7   Report on State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and the NSW Housing Code (December 2008)

10.8   Contract Regulatory Officer's Report - December 2008

10.9   Report on Access Committee Minutes of meeting held 9 December 2008

10.10  Accreditation Scheme for Local Government Building Surveyors

10.11  Report on proposed funding applications 2009-2010 State Floodplain Management Program

11      Director Engineering Services Report

11.1   Road Naming - O'Grady Lane, Macksville

11.2   Vehicles on Beaches - Breaches of Permit Conditions

11.3   Mid North Weight of Loads - Memberships  

12      General Purpose Committee 14 January 2009 - REPORT

13      MEETING CLOSED TO THE PUBLIC

          13.1   TO50/2008 – Congarinni North Road Bridge – Tenders to Strengthen the Existing Structure

          13.2   Expressions of Interest to Operate the Macksville Memorial Aquatic Centre

 

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

 



Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.1      SF1269            150109         Notice of Motion - Operational Efficiency of Major Plant and Equipment

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

There is evidence that Council’s major plant and equipment may be underutilised and this needs to be investigated prior to finalising the Plant Replacement Schedule for 2009/2010.

 

 

Recommendation:

 

That a report be brought to Council detailing the operational efficiency of all major plant items so that Council may conduct an informed review of the Plant Replacement Schedule prior to the adoption of the 2009/2010 budget.

 

 

 

DISCUSSION:

 

A recent report to Council recommended the sale and non-replacement of one of Council’s excavators on the basis that it was underutilised.  This indicates inefficient use of Council resources as the excavator was sitting in the depot depreciating and the operator was presumably performing other duties whilst being paid at a plant operator’s rate.

 

Of further concern, the position was advertised when the operator retired, despite the fact that the machine was already underutilised.

 

Unfortunately, this begs the question as to how many other items of plant are not worked to maximum efficiency.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.2      SF1269            150109         Notice of Motion - North Coast Area Health Service - Job Cuts

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

It was recently announced that 400 jobs would be cut from the North Coast Area Health Service.

 

 

Recommendation:

 

That Council advises the NSW Minister for Health and Mr Chris Crawford of the North Coast Area Health Service that Council opposes any reduction in the availability of services a the Macksville Health Campus.

 

 

 

DISCUSSION:

 

It was recently announced that 400 jobs would be cut from the North Coast Area Health Service. Despite assurances that the cuts would not reduce the number of front line staff, there is community concern that these job losses will have an overall impact on the availability of health services.

 

There is particular suspicion that the cuts will be in the administrative area and they will be compensated by centralizing services. This would mean that services currently provided in Macksville and Bellingen would be centralized to Coffs Harbour.

 

Such a move would have dire impacts in our Shire given our aged population, low socio-economic base and lack of public transport.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.3      SF1269            150109         Notice of Motion - Maintenance of Public Toilets

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

Public dissatisfaction over the maintenance of public toilets is exacerbated by the overall condition of the infrastructure.

 

 

Recommendation:

 

That Council consider internal refurbishment of the public toilet block in the Macksville Co-op car park, and any other public toilet block the Director of Engineering Services considers worthy, in its 2009/10 budget deliberations.

 

 

 

 

DISCUSSION:

 

The community satisfaction survey identified maintenance of public toilets as being of high importance and low satisfaction.

 

Council has resolved to increase the Town Services crew by one employee, in an effort to improve this situation. Whilst I fully support this move, I believe a great deal of the public dissatisfaction is not necessarily a result of the quality of cleaning but the actual state of the infrastructure.

 

A good example of this is the public toilet in the Co-op car park in Macksville. A crew of ten could spend a week in there with scrubbing brushes and it would still look dirty.

 

This is certainly the case with the female toilets. I have not inspected the gents.

 

When conducting the customer satisfaction survey Council advised ratepayers that its findings would be used to inform the Management Plan.

 

 

 

MANEX COMMENT:

 

Council’s Technical Officer/Assets will undertake an inspection of all Council’s public toilets (both gents and ladies) and provide a report on priorities for upgrading based on condition and usage.   The report will be included in the Draft Management Plan report.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.4      SF1269            150109         Notice of Motion - Pacific Highway Upgrade - Land Acquisition - Possible Delays

 

AUTHOR/ENQUIRIES:     Rhonda Hoban, Councillor         

 

Summary:

 

The State Government’s mini budget has raised concern that finalisation of the Highway route and that compensation for land acquisition will be further delayed.

 

 

 

Recommendation:

 

That Council seek a time frame from the Minister for Roads for land acquisition for those Nambucca Shire residents affected by the Pacific Highway upgrade; and seek an assurance that recent changes to the State Budget will not cause any delay in this process.

 

 

 

 

DISCUSSION:

 

The State Government’s November mini budget has raised concern in the community that funding cuts will cause further delays in the finalisation of the route for the Pacific Highway upgrade through the Nambucca Shire.

 

For those residents in its proposed path, the ongoing saga of finalising the route has caused enormous stress, financial uncertainty and the inability to move on with their lives. Further delays are an unacceptable cruelty.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.5      SF1269            150109         Notice of Motion - Leave of Absence - 23 to 27 January 2009 - Cr Paula Flack

 

AUTHOR/ENQUIRIES:     Paula Flack, Councillor         

 

Summary:

 

Cr Flack has requested leave from 23 to 27 January 2009 inclusive.

 

 

Recommendation:

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 23 to 27 January 2009, inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.6      SF1269            150109         Notice of Motion - Leave of Absence 14 to 21 January 2009 - Cr Martin Ballangarry OAM

 

AUTHOR/ENQUIRIES:     Martin Ballangarry OAM, Councillor         

 

Summary:

 

Cr Ballangarry OAM has requested leave from 14 to 21 January 2009 inclusive.

 

 

 

Recommendation:

 

That Cr Martin Ballangarry OAM be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 14 to 21 January 2009, inclusive.

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.7      SF1269            150109         Notice of Motion - Insurance Coverage - Land in Nambucca Shire

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

Not provided

 

 

Recommendation:

 

That Council be provided with a report to address the following insurance issues:

 

1        What policies does Council have with the Lands Department on the lease area of the Nambucca Shire Council?

 

2        In regard to the area of land on Adin Street, Scotts Head, which is not on the leased area but camp sites are leased out by the Lands Department—what insurances?

 

3        The Religious CSSM Group is renting land on the fringes of Adin street oval along drain—are they paying fees to the Management Committee—what insurance cover to Nambucca Shire Council and the Management Committee?

 

 

 

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

Notice of Motion

ITEM 5.8      SF1269            150109         Notice of Motion - Investment Reports

 

AUTHOR/ENQUIRIES:     Michael Moran OAM, Councillor         

 

Summary:

 

Not provided.

 

 

Recommendation:

 

That future reports to Council on its investments include the following information:

 

1        The original amount of dollars next to investment of each portfolio

2        What was invested?

3        How much each fund has left?

4        What percentage of interest gained?

5        The balance?

 

 

 

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.1        SF959              150109         Outstanding Actions and Reports January 2009

 

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.

 

 

 

 

No

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 Jan 09. 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.

 

Met with DoP on Tuesday 11/11/08 where agreement has been reached on the exclusion of 4 pockets and part of the other 2 pockets. A map and letter from the DoP should be received by the end of November 2008.

 

D of P to respond in next few weeks.

 

No response as at 7/1/09

 

APRIL 2008

3

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.

Further follow up letter sent 18/11 seeking a response by 12/12/08.

 

Further correspondence received from applicant.  Onsite meeting arranged with DWE, applicant and Council staff, scheduled for 4/2/09.

 

MAY 2008

4

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.

 

JUNE 2008

5

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.

6

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 with DPI.

 


JULY 2008

7

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.

Follow up letter sent 14/11/2008

8

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 made to hold meeting on 18 December at 2.00 pm

 

Meeting deferred to 26 February 09 to avoid Christmas/New year holiday period.

 

 

9

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.

 

Outcome of grant expected early December but not yet received.

 

10

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.  Adjoining Council’s requested to share Conduct Panel.

 

11

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.

AUGUST 2008

12

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

Deferred to December 2008

 

Old Masterplan sent to M Lenthall for preliminary comments to enable directions to be given to landscape designer for a quote.

Report to Council GPC 14/01/09.

 

13

QWN 194

21/08/08

Cleanup roadsides at Bowraville – request from Lions Club

 

DES

Draft agreement & risk Assessment prepared. Forwarded to the Lions Club

 

14

DA2006/056

27/08/08

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

 

DES

&

DEP

November 2008

 

Deferred to February 2009

SEPTEMBER 2008

15

QWN 197

04/09/08

Burn off maps to Council’s website

DEP

 

Maps being finalised and will be uploaded by end of February 2009.

 

Maps being finalised and will be uploaded by end of Feb 2009

 

OCTOBER 2008

16

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.

Commenced.  Drilling completed. Assessment expected early Feb 2009-01-07

17

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.

Public meeting held by Committee.

Response received from Police.  Report to Council on 15 January 2009.

 

NOVEMBER 2008

18

 

SF429

6/11/08

Council review its current bridge program

DES

January 2009.  Rescheduled to February 2009.

 

19

SF544

6/11/08

Council receive a report on options for the provision of matching general fund contributions for the S94 works schedule for community facilities and open space. Including the possibility of establishing a reserve.

 

GM

To be considered with management plan for 2009/10. Report May 2009

20

SF544

6/11/08

Council review its Policy on Deferment of Section 94 payments.

 

GM

Report January 2009 Government has changed its policy on Deferred Contributions.  Awaiting clarification. Report in March 2009.

 

21

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

 

GM

Report November 2009

22

SF844

20/11/08

Council invite Phillip Costa to inspect off-stream water storage site @ Bowraville

 

GM

Invitation issued 26/11/08

23

135

20/11/08

That Council receive a report of the allocation of resources for preparing the next comprehensive SOE report and that this be considered as part of the 2009/2010 budget.

DEP

Report to be presented with budget considerations. Feb/March 2009

24

SF285

20/11/08

Council consider what resources might be needed to prepare a new Social and Community Plan as part of the 2009/2010 budget.

DEP

March 2009

25

SF42

20/11/08

That Council receive a report back on the Dept. of Local Government Circular 08-61 – Plumbing Inspections by Council.

 

DEP

April 2009

26

SF382

20/11/08

That the exhibition for the Scotts Head draft Master Plan be extended to end of February 2009 and be a minimum of 2 months and Councillors receive the draft Master Plan a minimum of 5 days before it is placed on public display.

 

GM

Resolution conveyed to consultants and Department of Lands.

27

SF820

20/11/08

The 3 Councils get together to review the operation of the Coffs Coast Waste Service.

DES

Information conveyed to Coffs Harbour.

 

28

SF1163

20/11/08

Council investigate refinancing of its loans and the matter be reported to a meeting of the Finance Committee.

GM

Meeting of Finance Committee to be arranged in December 2008.  Rescheduled to 4.00 pm 29 January 2009.

 

29

SF1163

20/11/08

That a report be prepared for the Plant Committee on utilisation rates for all of Council’s heavy plant.

 

DES

Late January 2009.

30

SF529

20/11/08

Request meeting with Planning Minister Keneally regarding Rural Residential  zoning

 

DEP

Letter sent 1/12/08

DECEMBER 2008

31

SF793

4/12/08

C’tees of Management – report on cost/staffing to improve communication

 

GM

Report to 15 January 2009.

Rescheduled to February 2009.

 

32

SF923

4/12/08

Thank Albanese MP for funding

Inspection of Coronation Park @ CPC 17/12

Get Plans to DA standard

 

GM

Underway.  DES is preparing concept plans to be discussed with users in near future.

 

33

SF377

4/12/08

Submit application for grant funding for Nambucca Heads Sewerage Scheme

 

GM

Application submitted.

34

SF785

4/12/08

Submit application for grant funding for Crime Prevention Grants

 

Invite NSW Police + NSW Attorney General’s department to discuss Crime Prevention Plan

 

DEP

Application submitted 10 December 2008. See item in business paper.

Invitation to be issued during week of 12-16 Jan.

 

35

SF15

4/12/08

That Council reconvene the Saleyard Advisory Committee to determine mid to long term operational strategies for the Macksville saleyards.

 

GM

Meeting to be arranged in January 2009.  representatives sought at sale on 7 January 2009.

Rescheduled to February 2009. 

36

SF688

4/12/08

That during the first half of the 2009/10 year Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

 

DEP

Programmed for September 2009.

37

 

18/12/08

That Council seek to amend the existing plan of management for the Vernon Street playing fields (Buz Brazel Park) by updating the commentary, removing reference to a Master Plan and replacing the map with the plan supported by the General Purpose Committee (being the coloured circularised document) and then placing the amendments on exhibition in accordance with the requirements of the Local Government Act 1993.

 

DES

Draft being prepared for exhibition in February 2009.

38

 

18/12/08

1          That Council amend its policy on Payment of Expenses and Provision of Facilities for Councillors by adding a claimable expense for Councillors being internet access up to a maximum of $40.00 per month; the provision of a computer for use by the Mayor and the provision of a computer for use by Councillors.

 

2          Within 28 days, Council forward details of the amended policy to the Director General of the Department of Local Government.

 

GM

Council’s expenses form has been amended.

Copies to be circulated with memo.

 

 

 

 

 

Letter sent 23/12/2008

 

39

 

18/12/08

1    Argents Hill Hall - The Committee of Management be invited to apply for grant funding to undertake repairs to the Hall under the Public Reserves Management Fund.

 

2      Council as Manager of the Trust formally concur to the addition of Lot 5 DP 879153 to the Reserve.

 

GM

Letter sent 9 January 09

40

 

18/12/08

Alliance Tender for the Provision of a Corporate Software System

 

That Council seek the agreement of the tenderers to an extended evaluation period which will conclude on 30 June 2009.

 

GM

MIT consulting with tenderers.  Tender evaluation to occur April/May 2009.

41

 

18/12/08

1        That Council make representations to the Minister for Transport, the Hon. David Campbell in relation to the unacceptable cost shifting proposed by the Australian Rail Track Corporation in requiring that Council accept financial responsibility for providing increased clearance for the Upper Warrell Creek Road railway overbridge.

 

2          That the Australian Rail Track Corporation be advised that Council will seek damages for the costs incurred to date in the construction of the bridge if the stop work directive is not immediately lifted.

 

GM

Letter sent 23/12/08

ARTC and RIC have now agreed to vary Deed so that Council will not have financial responsibility for providing increased clearance.  Bridge will be transferred to Council’s ownership at the completion of construction.

 

Letter sent 23/12/08

42

 

18/12/08

Casey Drive – creation of a public road

 

That Council advise Mr T D Erskine-Smith that Council is prepared to meet $10,000 of the associated legal and survey costs subject to the $135,000 land purchase cost being met by the development.

 

DES

Letter sent.

43

 

18/12/08

That Council seek membership of the Working Party on 4WD Beach Access Management to ensure a common approach across the three Local Government areas of Nambucca, Kempsey, Port Macquarie-Hastings, the Department of Lands and the Department of Environment and Climate Change.

 

DES

Letter sent.

44

 

18/12/08

IWCM Strategy

 

That a presentation to provide an overview of the draft document and clarify any queries regarding proposed outcomes be undertaken at the General Purpose Committee meeting on 14 January 2008.

 

DES

GPC 14 January 2009

45

 

18/12/08

Draft Animal Management Plan (now referred to Draft Local Approvals Policy—Animal Management)

That all Councillors provide their written comments and proposed amendments to the Director Environment and Planning by 4.00 pm Monday 5 January 2009 for consideration at the 14 January 2009 General Purpose Meeting

 

DEP

GPC 14 January 2009

46

 

18/12/08

Bellevue Drive Macksville

1          That Council prune the roadside branches of the Fig trees in Bellevue Drive, Macksville.

 

2          That Council remove the small Fig tree in Bellevue Drive, Macksville.

 

3          That a Management Plan be drawn up for the riverbank from the Macksville Bridge to Bellevue Drive.

 

DES

Programmed March – June 2009.

47

SF871

18/12/08

Council advertise the Pioneer Community Centre for sale by tender.  Occupants of the building to be notified of Council’s action.  Nothing be done until after April 2009 having considered submissions from user groups and that Council make a decision at that time.

 

GM

Underway

48

SF871

18/12/08

Council inspect the Pioneer Community Centre and Grants Hall at the April GPC

 

GM

To be listed for April GPC

49

PRF11

18/12/08

That Council amend the existing Plan of Management for Buz Brazel Park by updating the commentary, replacing the map with the plan supported by the GPC and placing amendments on exhibition.

 

DES

Underway.

50

SF639

 

Council proceed with the appointment of a 3 pw position in Finance and an Aboriginal skill based trainee.

 

GM

Underway.

51

SF639

18/12/08

Council make the position of Excavator Operator redundant and increase Town Services crew from 3 staff to 4 staff.

 

GM

External recruitment to be undertaken.

52

SF639

18/12/08

Council consider the appointment of an Asset Manager in its budget for 2009/10.

 

GM

Report May 2009

53

SF639

18/12/08

Council review the Planning Department upon completion of current work program.

 

GM

Report July 2009.

54

SF1046

18/12/08

That the Wellington Dr component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

 

DEP

 

55

SF30

18/12/08

Council consider an increase of 10% per capita in their contribution to Clarence Regional Library for 2009/10 ($14,000).

 

DEP

 

56

SF30

18/12/08

Council investigate becoming registered as a deductible gift recipient in regard to library services

 

DEP

 

57

SF757

18/12/08

Council work towards establishing an alcohol free zone in Bowraville and allocate $1,000 to implementation.

 

DEP

 

58

SF843

18/12/08

Council seek membership of the working party of the 4X4 beach access management.

 

DES

Application been made.

59

SF844

18/12/08

Council assess the terms of the Ussher lease at the proposed dam site with regard to land use and Council access.

 

DES

MWS to undertake in advance of requiring land.  December 2009.

59

SF740

18/12/08

That a management plan be drawn up for the riverbank from the Macksville Bridge to Bellevue Drive

 

DES

June 2009.

 

 

 

 

 

 

Attachments:

 

 


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.2        SF706         150109         Grant Application Status Report - 15 January 2009

 

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 to 15 January 2009 be received.

 

 

 

Grant Program

Action

 

Status

1

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

 

Unsuccessful with application.

2

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.

3

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

 

Council successful with three of the above being

·     Implementation of Nambucca River Estuary Management Plan

·     Updated Flood study Lower Nambucca

·     Stage 2 Coastal Hazard management Plan

Total funding being $250,000 matched $ for $ from Council’s Environmental Levy

 


 

4

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.

Formal advice received that application successful.  Total grant funds over three years between 3 Councils is $1,998,820.

5

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.

6

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.

The announcement of successful projects has been delayed until January 2009.

 

7

Caring for our Country

National Reserve System

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.

Advice received that applications will be determined in early December 2008.  Formal announcements January 2009.


 

8

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.

Funding application was unsuccessful.

9

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.

 

Council has been informed that since the Blackspot funding panel meeting the Australian Government has made an announcement (12th December) that the Federal Black Spot Program will receive an additional $60 million in 2008-09 as part of the Australian Government’s $4.7 billion Nation Building Package,  it is anticipated that NSW will gain an additional $19.199 million on top of  next Financial Years Federal Blackspot Allocation of $19.199million.

 

The extra $19.199million is provided on a condition that the projects will be completed by 31 December 2009 and provided the Federal Blackspot Criteria is met.

 

The announcement of successful projects are expected early in 2009.

 

10

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.

 

Council successful with a $25,500 grant for water monitoring and testing of the river and its estuaries within the oyster zone as well as Gumma, Tilly Willy and Newee Creek. There is no matching contribution required of Council.

11

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.

12

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.  Applications were submitted and successful projects are likely to be announced in the second quarter of 2009.

 

13

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.

 

Successful applications due to be announced towards the end of the first quarter of 2009.  Council assisted with four applications from community sporting and recreation groups.

 

14

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.

 

15

Caring for Our Country

GO

In its first five years (from July 2008 to June 2013), the Australian Government will invest $2.25 billion through Caring for our Country to secure improved strategic outcomes across six national priority areas:

·        the National Reserve System

·        biodiversity and natural icons

·        coastal environments and critical aquatic habitats

·        sustainable farm practices

·        natural resource management in northern and remote Australia, and

·        community skills, knowledge and engagement.

Caring for our Country will be delivered in partnership with regional natural resource management groups, local, state and territory governments, Indigenous groups, industry bodies, land managers, landcare groups and other community groups, and non-government organisations.

This document seeks investment proposals that contribute to the delivery of Caring for our Country targets.

The Australian Government is now calling for investment proposals for projects that will achieve the targets outlined in the Caring for our Country business plan 2009-10.

Further information about the business plan and details of how to submit a proposal will be available soon.

 

 

          Applications successful                   None at this stage

          Applications unsuccessful               $1.38m

          Applications yet to be determined    $1,644,786

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.3      SF336              150109         Taylors Arm Hall Committee of Management - Annual General Meeting - 6 December 2008

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledges the Annual General Meeting of the Committee of Management for the Taylors Arm Hall.

 

The Committee of Management has requested Council consider funding assistance for replacement of old wooden windows in the Hall. 

 

 

Recommendation:

 

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

 

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

 

3        That the request for funding assistance to replace old wooden windows, including exterior architraves in the Taylors Arm Hall be considered in Council’s budget (Management Plan) for 2009/2010 and that the Committee of Management be advised of this.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Taylors Arm Hall Committee of Management was held on Saturday 6 December 2008.

 

The Committee of Management for 2008/2009 is:

 

          President                        Syd Scott

          Secretary                        Dawn Smyth

          Treasurer                         Toby Wright

          Committee Members        Julie Gooch and Phillip Peterkin

 

The Committee advises that windows in the main hall have been replaced with aluminium but the dressing rooms, supper room and kitchen still have the old wooden sash windows.  These have become very dangerous as the cords in the sash have rotted and the windows are unable to be open. 

 

Also exterior architraves around aluminium windows have rotted and need replacing. 

 

The Hall is well used with Judo classes being held twice a week for the past eight years.  The Hall Committee is a not-for-profit group with all money raised being used for transport and accommodation for players to attend competitions and training with other clubs.  The Hall is also hired for parties, weddings, balls etc throughout the year.

 

 

The Hall Committee has sought two quotations for the work required for the windows—one being $6,193 and another for $5,200.

 

The Hall Committee has also asked if funds were available they would also like to rebuild stairs onto the stage.  The stairs are very narrow and steep.  Whilst the Committee has placed a rail on the stairs, it feels that they are not satisfactory particularly for elderly people accessing the kitchen or toilets.

 

 

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 may be a risk of injury to people trying to open windows where the cords in the sash have rotted and the windows are unable to be open.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of maintenance/replacement work to the windows will need to be considered in Council’s budget (Management Plan) for 2009/2010.

 

A provision will be listed in the Draft Management Plan for $6,000 for this work.

 

 

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

15 January 2009

General Manager's Report

ITEM 9.4      SF1222            150109         Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council has received a proposal from the Nambucca Valley Nudist Group to establish a designated clothes optional beach for the purpose of nude swimming and other related social activities.  The Nambucca Valley Nudist Group is a group of approximately 20 local residents who meet regularly under the auspices of the Australian Nudist Federation’s (ANF) Supporter Club.  The proposal is to designate a 300m long section of South Valla Beach as “clothes optional”.

 

The proposal has been referred to key stakeholders, the Valla Beach Urban and Hall Management Committee, the Valla Tourist Resort and the NSW Police Force for comment.  None of these groups support the proposal put forward by the Nambucca Valley Nudist Group.

 

Because community opinion, as expressed by key stakeholders, is largely opposed to the proposal it is recommended that it be declined.

 

 

Recommendation:

 

1        That Council not establish a designated clothes optional section of beach as proposed by the Nambucca Valley Nudist Group.

 

2        That correspondents be advised of the outcome of the proposal.

 

3        That Council not apply staff resources or funding to the investigation of possible alternative locations for “clothes optional” bathing in the Nambucca local government area.

 

 

OPTIONS:

 

Council can establish “clothes optional” bathing areas by way of signage under Section 633 of the Local Government Act.  The Act does not set out any criteria for the determination of such bathing areas.  However a key consideration must be avoiding conflict with children, family or other groups which may be offended by nude bathing.  Hence most designated nude beaches tend to be reasonably isolated.

 

Due to the fact that community opinion, as expressed by key stakeholders, is largely opposed to the proposal it is recommended that it be declined.

 

Because of Council’s limited staff resources, it is not recommended that it have any involvement in the investigation of possible alternative locations for “clothes optional” bathing.

 

 

DISCUSSION:

 

On 16 September 2008 the attached request was received from the Nambucca Valley Nudist Group.

 

This request was considered by Council at its meeting on 16 October 2008 and it was resolved:

 

1.   “That Council refer the request by the Nambucca Valley Nudist Group to the Valla Beach Urban and Hall Management Committee and the Valla Tourist Resort for their comment.

2.   That Council seek the views of the NSW Police Force in relation to the request and in particular the relationship, if any, between declared nudist beaches and crime”.

 

The responses from the Valla Beach Urban and Hall Management Committee, the Valla Tourist Resort and the NSW Police Force are attached.

 

A summary of the responses is as follows:

 

 

Valla Beach Urban and Hall Management Committee

 

The Committee considered the proposal at its meeting on 17 November 2008 and heard from both proponents and objectors.  A motion was put to the meeting as follows:

 

“That the meeting supports the proposal to have a clothes optional beach at Valla Beach.”

 

The result of the voting was 2 votes for Yes; 38 votes for No; with 6 abstaining.  The motion was therefore lost by an overwhelming majority.

 

Valla Beach Resort

 

The resort surveyed its residents, storage van owners and guests/clients and received a total of 160 responses.  After analysing all responses the following outcome was determined;

 

·      “3% of individual respondents were in favour of the proposal

·      7% did not care one way or the other, and

·      90% were firmly against the proposal”.

 

NSW Police Force

 

The NSW Police Force reviewed relationships between crime incidents and declared nudist beaches.  They advise as follows:

 

“The review has revealed a number of incidents involving “sexual deviant” behaviour at a declared nudist beach in the Port Macquarie area.  This does not confirm that this behaviour is more prevalent at this beach to other non nudist beaches.

 

Of more concern is the proximity of the proposed “clothes optional” beach to the Valla Beach Resort and Caravan Park which is advertised as “the complete family holiday” and has some 70 units and 120 powered sites.  The Beach is accessible from this Resort by a pedestrian access bridge over Deep Creek with the proposed area (300 metres wide) between this bridge access and the Deep Creek outlet to the ocean.

 

It is my view this section of beach would be extensively used by visitors to the area including children and families, and as such would not be appropriate for this type of use.  This may create some conflict between these groups.

 

I suggest the “clothes optional” section of the beach would be better placed further south of the pedestrian access bridge which would lessen the impact on other beach users.”

 

Signed Paul Fehon

Superintendent, Local Area Commander

 

In addition to these responses Council has also received objections to the proposal from:

 

Ron McGuire & Kay McDermott, Valla Beach Resort

Kerrieanne Brincklow, Bellingen

Ted Simpson, Valla Beach Resort

Mike and Lee Bourdon, Valla Beach

Barry and June Butler, Jewells

 

The individual responses reflect the comments made in the attached submissions and in particular the usage of the beach by children and families and the likely conflict which would be created by a clothes optional beach.

 

Therefore community opinion would seem to be largely opposed to the proposal and for this reason it should be declined.

 

 

CONSULTATION:

 

There has been consultation with key stakeholders.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications will depend upon how the proposal is received by the community.

 

Economic

 

There are no significant economic implications.

 

Risk

 

Advice has been received from the NSW Police Force in relation to possible crime risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

If the proposal proceeded there would be minor costs in relation to the proposal of signage.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

23358/2008 - Request for Clothes Optional Beach

 

2View

30384/2008 - Valla Beach Urban & Hall COM

 

3View

30960/2008 - Valla Beach Resort

 

4View

30474/2008 - NSW Police Force

 

 

 


Ordinary Council Meeting - 15 January 2009

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

Attachment 1

H:\ATTACHMENT_23358_2008\REQUEST TO MAKE PART OF VALLA BEACH A NUDIST BEACH.TIF - Request for Clothes Optional Beach

 












 


Ordinary Council Meeting - 15 January 2009

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

Attachment 2

30384/2008 - Valla Beach Urban & Hall COM

 

VALLA BEACH URBAN & HALL MANAGEMENT COMMITTEE

Text Box: Secretary:  Karen Selbie
59 Valla Beach Rd 
Valla Beach  NSW  2448
Tel:  6569 5956/0419218800
Text Box: President:  Graham Jones 
21 Henderson  Street
Valla Beach  NSW  2448
Tel:  6569 5380

                                                                                                                             

 

 

 

 

 

Nambucca Shire Council

PO Box 177

Macksville NSW  2447                                                                24th November 2008

 

Attention: Michael Coulter

                General Manager

 

 

Dear Michael

 

RE: CLOTHES OPTIONAL BEACH

 

The above was raised at our general meeting on the 17th November 2008.

 

Speakers who were for and against the proposal had ample opportunity to state their case.  Michael Joyce the Coordinator of Nambucca Valley Nudist Group and Lindsay Parkyns the President of The Australian Nudist Federation spoke in favour of this proposal.  John Brinklo a Valla Beach resident and Chris Johnson on behalf of the Valla Beach Resort spoke against the proposal along with a large contingent of residents.

 

Our Chairperson put forward the Executive’s proposal of the members voting firstly in relation to having a clothes optional beach at Valla Beach in the first instance, if yes, where?  If no, the proposal is lost.

 

The following motion was put to the meeting and carried:

“That the meeting supports the proposal to have a clothes optional beach at Valla Beach”.

Voting = Yes = 2    No = 38    6 abstained.  The motion was lost.

 

We trust that Council will note and act accordingly in relation to the overwhelming result to not have a clothes optional beach at Valla Beach.

 

Yours sincerely

 

 

 

 

 

Karen Selbie

Secretary

Valla Beach Urban & Hall Management Committee

 

 

 

 

 

 

 

 


Ordinary Council Meeting - 15 January 2009

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

Attachment 3

30960/2008 - Valla Beach Resort

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

 

 

 

30960/2008 - Valla Beach Resort

 

  Pages

 

 


Ordinary Council Meeting - 15 January 2009

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

Attachment 4

30474/2008 - NSW Police Force

 

 

 

 

 

Placeholder for Attachment 4

 

 

 

Request for a Designated "Clothes Optional" Beach for the Purpose of Nude Swimming and Related Social Activities

 

 

 

30474/2008 - NSW Police Force

 

  Pages

 

 


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.5      SF733              150109         Request by Greenpeace for a Motion Opposing the Construction of New Coal Fired Electricity Plants

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Greenpeace ask that Council pass a motion declaring that the district is opposed to the construction of new coal fired electricity plants and that this be communicated to the relevant State and Federal Members.

 

They also seek advice as to the time frame that Council would place on the closure of coal fire power stations that provide electricity to this area and Council’s preferred method of replacing this energy requirement.  And in relation to this whether the Council would support the institution of a national feed in tariff policy framework to favour renewable energy.

 

Council is also encouraged to express its support and endorsement of other climate change recommendations, such as establishing targets for reducing greenhouse pollution and increasing the share of renewable energy used in the district.

 

The Australian Government’s policy does not ban particular sources of fossil fuel energy, although it is difficult to conceive of a new coal fire power station being approved by either the Australian or State Governments.  The opposition of Greenpeace pre-empts any initiatives in carbon capture and storage where the Australian Government is currently spending over $500m in research.  Rather carbon pricing and the market are established as the preferred means of delivering a reduction in greenhouse gas emissions in preference to more simplistic moratoriums or bans directed to particular emitters.  For this reason it is not recommended that Council support the request from Greenpeace.

 

However it is agreed that Council should formally acknowledge climate change; the need for action on climate change; and endorse the need to establish targets for reducing greenhouse pollution and increasing the share of renewable energy.

 

 

Recommendation:

 

That Council advise Greenpeace Australia Pacific that it acknowledges that carbon pollution is contributing to climate change; that there is a need for global action to reduce carbon emissions and that Council endorses the establishment of targets for reducing greenhouse pollution and increasing the use of renewable energy.

 

 

OPTIONS:

 

Council can support the requests from Greenpeace Australia; not support them; or propose an alternative response either as recommended or otherwise.  Alternatively Council may simply note the correspondence from Greenpeace.

 

DISCUSSION:

 

The attached submission has been received from Greenpeace Australia Pacific.

 

Greenpeace ask that Council pass a motion declaring that the district is opposed to the construction of new coal fired electricity plants and that this be communicated to the relevant State and Federal Members.

 

They also seek advice as to the time frame that Council would place on the closure of coal fire power stations that provide electricity to this area and Council’s preferred method of replacing this energy requirement.  And in relation to this whether the Council would support the institution of a national feed in tariff policy framework to favour renewable energy.

 

Council is also encouraged to express its support and endorsement of other climate change recommendations, such as establishing targets for reducing greenhouse pollution and increasing the share of renewable energy used in the district.

 

The Australian Government has been active in its response to climate change.  The Government’s action plan on climate change includes:

 

·      Establishing a national emissions trading market by 2010 – to enable the market to set a price for carbon, unleash innovation and create strong market incentives to reduce carbon emission levels.

·      Implementing the Kyoto Protocol and strong support for a new global climate change agreement to take us beyond 2012.

·      Establishing a national emissions trading scheme by 2010.

·      Investing in low carbon technologies such as clean coal and renewables.

·      Setting a 20 percent target for renewable energy by 2020 to dramatically expand the use of renewable energy sources such as solar and wind.

·      Implementing a $200m Great Barrier Reef Rescue Plan to help secure the Reef from the serious threat posed by climate change and declining water quality.

 

(from media statements by the Prime Minister)

 

The Australian Government released its White Paper on a Carbon Reduction Scheme on 15 December 2008.  It commits to a medium term national target to reduce Australia’s greenhouse gas emissions by between 5 percent and 15 percent below 2000 levels by the end of 2020.  The 5 percent level represents a minimum (unconditional) commitment to reduce emissions by 2020, irrespective of the actions of other nations.  The 15 percent level represents a commitment to reduce emissions in the context of global agreement where all major economies commit to substantially restrain emissions and all developed countries take on comparable reductions to that of Australia.

 

It is agreed that the Government’s commitment of a 5-15 percent reduction of greenhouse gas emissions by 2020 is a serious and credible commitment to the global action required and is realistically attainable in the current circumstances.  Indeed with Australia’s population growth, travel distances and traditional reliance on fossil fuels it represents a relatively greater structural adjustment than many other developed countries.

 

The Australian Government’s policy does not ban particular sources of fossil fuel energy, although it is difficult to conceive of a new coal fire power station being approved by either the Federal or State Governments.  The opposition of Greenpeace pre-empts any initiatives in carbon capture and storage where the Australian Government is currently spending over $500m in research.  Rather carbon pricing and the market are established as the preferred means of delivering a reduction in greenhouse gas emissions in preference to more simplistic moratoriums or bans directed to particular emitters.  For this reason it is not recommended that Council support the request from Greenpeace.

 

However it is agreed that Council should formally acknowledge climate change; the need for action on climate change; and endorse the need to establish targets for reducing greenhouse pollution and increase the use of renewable energy.

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The consensus amongst the scientific community and the view of both the Australian and NSW Governments is that carbon pollution is causing the world’s climate to change, resulting in extreme weather, higher temperatures, more droughts and rising sea levels.

 

Social

 

Climate change is a global problem requiring a global solution – one where all major carbon polluting nations need to take comprehensive action to stabilise and reduce global levels of carbon pollution.

 

Economic

 

The economic implications of Australia’s response to reducing carbon pollution is set out in the Federal Government’s White Paper released on 15 December 2008.  Electricity prices are estimated to increase by around 18 percent and gas prices by 12 percent.

 

Risk

 

There are risks associated with both action and inaction.  The risks are evaluated in the Government’s White Paper.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications in Council’s response to Greenpeace.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

Mayor - Copy of report - Energy (R)evolution, A Sustainable Australia Energy Outlook

 

 

 


Ordinary Council Meeting - 15 January 2009

Request by Greenpeace for a Motion Opposing the Construction of New Coal Fired Electricity Plants

Attachment 1

Mayor - Copy of report - Energy (R)evolution, A Sustainable Australia Energy Outlook

 


 


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.6      SF841              150109         Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Parliamentary Secretary for Roads has provided a response to representations in relation to concerns regarding the Warrell Creek to Urunga upgrade of the Pacific Highway.

 

The Parliamentary Secretary has commented as follows:

 

“The RTA generally acquires property required for a road project after a project has been approved and when funds are available for acquisition.  In certain circumstances, the RTA may acquire property earlier under the “hardship” provisions of the Land Acquisition (Just Terms Compensation) Act 1991 or under the RTA’s Preferred Option Hardship Acquisition Policy.”

 

In effect, the period which property owners will be required to wait to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) is indeterminate which is clearly unsatisfactory.  There is not even any guarantee that their property may be acquired under “hardship” provisions.

 

A fair approach would be to at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

 

Recommendation:

 

1.   That Council advise the Parliamentary Secretary for Roads, that it is unsatisfactory that property owners affected by the Warrell Creek to Urunga upgrade of the Pacific Highway will have to wait an indeterminate period to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) Act 1991.  Further that as a matter of fairness the RTA should at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

2.   That the Member for Oxley, the Hon. Andrew Stoner MP be asked to support Council’s submission to the Parliamentary Secretary for Roads.

 

 

OPTIONS:

 

The only options available to Council are to continue to make representations to the State Government on behalf of its residents or make no representations.

 

DISCUSSION:

 

The attached letter has been received from Sonia Hornery MP, Parliamentary Secretary for Roads.  It is presumably in response to a letter from myself dated 13 June 2008 which is also attached.  However the Mayor also wrote to the Minister on the same issue on 2 July 2008.  That letter is also attached.

 

The response from the Parliamentary Secretary does not provide a definite and final timeframe for the purchase of affected properties nor does it respond to the Mayor’s concerns about the unfairness of the “hardship” provisions under the Land Acquisition (Just Terms Compensation) Act 1991.

 

Instead it is commented that;

 

“The RTA generally acquires property required for a road project after a project has been approved and when funds are available for acquisition.  In certain circumstances, the RTA may acquire property earlier under the “hardship” provisions of the Land Acquisition (Just Terms Compensation) Act 1991 or under the RTA’s Preferred Option Hardship Acquisition Policy.”

 

In effect, the period which property owners will be required to wait to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) is indeterminate which is clearly unsatisfactory.  There is not even any guarantee that their property may be acquired under “hardship” provisions.

 

Under the so called “hardship” provisions an owner must be able to demonstrate there has been a genuine attempt to sell the property on the market.  It is difficult to appreciate that for a property affected by a “preferred route” declaration, how there can be any sense that a normal market would exist so as to enable the sale of the property.

 

The owner must also demonstrate they cannot sell the land at market value because the land has been designated for acquisition.  The owner must also demonstrate that they need to sell the land for pressing personal, domestic or social reasons or to avoid a loss in the owner’s income (RTA website).

 

And even if an owner can demonstrate all of the above to the satisfaction of the RTA, under the hardship provisions the owner is not entitled to the following costs and compensation which are available under a programmed acquisition:

 

·      Legal costs including conveyancing

·      Valuation fees

·      Relocation expenses including stamp duty costs in connection with the purchase of another property of equal value

·      Mortgage costs and other payments

·      Solatium – which is an amount of money to compensate the owner for the inconvenience of having to move residence.

 

A fair approach would be to at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

CONSULTATION:

 

There has been consultation with Mrs Joy Sheather who is a representative of an action group which has been lobbying for fair treatment for property owners affected by the Pacific Highway upgrade.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The issue is about compensation and has no implications for the environment.

 

Social

 

There are significant social issues for residents whose properties are affected by the upgrading of the Pacific Highway.  As time drags on the impact on the personal lives of people and families will increase.

 

Economic

 

There are no significant economic implications for the Nambucca Valley in relation to the compensation provisions.

 

Risk

 

There are no significant risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

Response from Parliamentary Secretary for Roads

 

2View

Letter to Minister

 

3View

Mayor to Minister

 

4

2nd letter from Mayor to Minister

 

 

 


Ordinary Council Meeting - 15 January 2009

Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

Attachment 1

Response from Parliamentary Secretary for Roads

 

General Manager's Report

ITEM 0.0      SF841              150109         Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 


 

Summary:

 

The Parliamentary Secretary for Roads has provided a response to representations in relation to concerns regarding the Warrell Creek to Urunga upgrade of the Pacific Highway.

 

The Parliamentary Secretary has commented as follows:

 

“The RTA generally acquires property required for a road project after a project has been approved and when funds are available for acquisition.  In certain circumstances, the RTA may acquire property earlier under the “hardship” provisions of the Land Acquisition (Just Terms Compensation) Act 1991 or under the RTA’s Preferred Option Hardship Acquisition Policy.”

 

In effect, the period which property owners will be required to wait to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) is indeterminate which is clearly unsatisfactory.  There is not even any guarantee that their property may be acquired under “hardship” provisions.

 

A fair approach would be to at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

 


 

Recommendation:

 

1.   That Council advise the Parliamentary Secretary for Roads, that it is unsatisfactory that property owners affected by the Warrell Creek to Urunga upgrade of the Pacific Highway will have to wait an indeterminate period to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) Act 1991.  Further that as a matter of fairness the RTA should at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

2.   That the Member for Oxley, the Hon. Andrew Stoner MP be asked to support Council’s submission to the Parliamentary Secretary for Roads.

 

 


OPTIONS:

 

The only options available to Council are to continue to make representations to the State Government on behalf of its residents or make no representations.

 

DISCUSSION:

 

The attached letter has been received from Sonia Hornery MP, Parliamentary Secretary for Roads.  It is presumably in response to a letter from myself dated 13 June 2008 which is also attached.  However the Mayor also wrote to the Minister on the same issue on 2 July 2008.  That letter is also attached.

 

The response from the Parliamentary Secretary does not provide a definite and final timeframe for the purchase of affected properties nor does it respond to the Mayor’s concerns about the unfairness of the “hardship” provisions under the Land Acquisition (Just Terms Compensation) Act 1991.

 

Instead it is commented that;

 

“The RTA generally acquires property required for a road project after a project has been approved and when funds are available for acquisition.  In certain circumstances, the RTA may acquire property earlier under the “hardship” provisions of the Land Acquisition (Just Terms Compensation) Act 1991 or under the RTA’s Preferred Option Hardship Acquisition Policy.”

 

In effect, the period which property owners will be required to wait to receive the full benefit of the compensation arrangements under the Land Acquisition (Just Terms Compensation) is indeterminate which is clearly unsatisfactory.  There is not even any guarantee that their property may be acquired under “hardship” provisions.

 

Under the so called “hardship” provisions an owner must be able to demonstrate there has been a genuine attempt to sell the property on the market.  It is difficult to appreciate that for a property affected by a “preferred route” declaration, how there can be any sense that a normal market would exist so as to enable the sale of the property.

 

The owner must also demonstrate they cannot sell the land at market value because the land has been designated for acquisition.  The owner must also demonstrate that they need to sell the land for pressing personal, domestic or social reasons or to avoid a loss in the owner’s income (RTA website).

 

And even if an owner can demonstrate all of the above to the satisfaction of the RTA, under the hardship provisions the owner is not entitled to the following costs and compensation which are available under a programmed acquisition:

 

·      Legal costs including conveyancing

·      Valuation fees

·      Relocation expenses including stamp duty costs in connection with the purchase of another property of equal value

·      Mortgage costs and other payments

·      Solatium – which is an amount of money to compensate the owner for the inconvenience of having to move residence.

 

A fair approach would be to at least include the costs and compensation available in a programmed acquisition to those properties acquired under “hardship” provisions.

 

CONSULTATION:

 

There has been consultation with Mrs Joy Sheather who is a representative of an action group which has been lobbying for fair treatment for property owners affected by the Pacific Highway upgrade.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The issue is about compensation and has no implications for the environment.

 

Social

 

There are significant social issues for residents whose properties are affected by the upgrading of the Pacific Highway.  As time drags on the impact on the personal lives of people and families will increase.

 

Economic

 

There are no significant economic implications for the Nambucca Valley in relation to the compensation provisions.

 

Risk

 

There are no significant risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 


Ordinary Council Meeting - 15 January 2009

Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

Attachment 1

Response from Parliamentary Secretary for Roads

 

Attachments:

1

Response from Parliamentary Secretary for Roads

 

2

Letter to Minister

 

3

Mayor to Minister

 

4

2nd letter from Mayor to Minister

 

 

 

 


Ordinary Council Meeting - 15 January 2009

Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

Attachment 2

Letter to Minister

 

Enquiries to:       Mr Michael Coulter

Phone:              (02) 6568 0200

Mobile:              0409 153 788

Our Ref:            SF943

 

 

 

13 June 2008

 

 

 

The Hon Eric Roozendaal

Minister for Roads & Minister for Commerce

Parliament House

Macquarie Street

SYDNEY   NSW   2000

 

 

Dear Minister

 

PACIFIC HIGHWAY—WARRELL CREEK TO URUNGA UPGRADE

 

Council is increasingly concerned about the delays in finalising a preferred route for the Warrell Creek to Urunga section of the Pacific Highway and the lack of a timetable for the acquisition of affected properties.

 

In particular, for Warrell Creek residents a preferred route for the Warrell Creek section of the Highway was selected in the 1990’s.  Many property owners in the area have based their investment decisions on this preferred route which is now the subject of further review.

 

By letter dated 13 May 2008, Bob Higgins, General Manager of this Pacific Highway section, advised Council that: 

 

“Shortly, the RTA will announce the preferred route for the Warrell Creek section of the upgrade, as well as confirm any design refinements to the concept design for the Highway upgrade between Warrell Creek and Urunga.

 

Another month has now elapsed with no announcement being made.

 

On behalf of its residents, Council seeks a definite and final timeframe as to when the preferred route will be announced and ,secondly, for the purchase of affected properties.

 

Yours faithfully

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

 


Ordinary Council Meeting - 15 January 2009

Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

Attachment 3

Mayor to Minister

 

OFFICE OF THE MAYOR

 

Enquiries to: Cr George Hicks

Phone No:     6568 2555

Our Ref:        SF943

 

 

2 July 2008

 

 

The Hon Eric Roozendaal MLC

Minister for Roads & Minister for Commerce

Level 36 Governor Macquarie Towers

1 Farrer Place

SYDNEY   NSW   2000

 

 

Dear Minister

 

PACIFIC HIGHWAY—WARRELL CREEK TO URUNGA UPGRADE

 

I write to you again in regard to the planned Pacific Highway bypass alignment for the Warrell Creek to Urunga section of the Pacific Highway.

 

I would like to express my deep concern for the situation that has arisen for the residents of O’Dells Road and Old Coast Road.

 

As the new route has been selected and advertised the residents within this new alignment face relocation with unmitigated stress and substantial costs involved.

 

I realize that the Roads and Traffic Authority (RTA) can purchase properties under Hardship payments.

 

I put it to you, Minister, that all of the residents (possibly 30) will be in hardship as not one of the families will have at least $400,000 to purchase new homes or property in order to relocate in this district.

 

I believe that purchase under the Hardship Act, if accepted, residents will miss out on additional payments that would be included in Just Compensation Payment (such as legal costs, moving costs, planning and development applications fees).

 

These families’ lives could be on hold for some five to eight years.  This situation that has been caused by the RTA—not by the families—and it is not satisfactory.

 

I urge you and your Government to give fair and urgent consideration to recognize the totally unfair situation that these people have been placed in by the RTA decisions.

 

The upgrade of the Pacific Highway is tremendous, a great accomplishment by the Government.

 

I believe that better communication between the residents and Government could have allayed most of their concerns and fears so they can get on with their lives as quickly as possible.

 

Yours faithfully

 

 

 

GEORGE HICKS

MAYOR

 

GH:ms

 


Ordinary Council Meeting - 15 January 2009

Pacific Highway - Warrell Creek to Urunga Upgrade - Response from Parliamentary Secretary for Roads in Relation to Concerns Raised by Council

Attachment 4

2nd letter from Mayor to Minister

 

 

 

 

 

OFFICE OF THE MAYOR

 

Enquiries to: George Hicks

Phone No:     65642133

Mobile:          0408661412

Our Ref:        SF943

 

 

7 July 2008

 

 

The Hon Eric Roozendaal MLC

Minister for Roads & Minister for Commerce

Level 36 Governor Macquarie Tower

1 Farrer Place

SYDNEY NSW 2000

 

 

Dear Minister

 

PACIFIC HIGHWAY – WARRELL CREEK TO URUNGA UPGRADE

 

I refer to my letter of 2 July 2008 and Council’s on-going concerns about the Road and Traffic Authority’s avoidance of additional payments that are included in the Land Acquisition (Just Terms Compensation) Act 1991 for properties identified for acquisition in the recently announced preferred alignment for this section of the Highway.

 

We have many local residents (approximately 30) whose lives will be in upheaval as the slow process of refining the preferred route and undertaking an environmental assessment proceeds.

 

I have written that better communication between the residents and the Government in relation to plans and compensation arrangements could greatly improve the delivery of this very important and needed infrastructure.

 

A series of meetings and briefings have been hosted by the RTA’s Pacific Highway staff and their consultants however these have not responded to the fundamental equity issues referred to in my letter of 2 July 2008.  The staff and consultants who attend simply do not have authority to question, in public, existing practices.

 

Minister, having thought about the best approach to the problem I believe that your availability to address Council and affected residents in relation to these matters would be in the best interests of the RTA and your Government.

 

Therefore I cordially invite you to visit Nambucca Shire Council at a time of your choosing to firstly promote your Government’s accomplishments with the Pacific Highway upgrading and secondly to respond to the valuation issues I have put.

 

Yours faithfully

 

 

 

 

GEORGE HICKS

MAYOR

 


Ordinary Council Meeting

15 January 2009

General Manager's Report

ITEM 9.7      SF62                150109         Tender for the Operation and Management of the  Macksville Memorial Aquatic Centre

 

AUTHOR/ENQUIRIES:     Steven Williams, Property Officer         

 

Summary:

 

In August 2008 Council deferred consideration of a status report on the Aquatic Centre in light of the care taker status at the time.

 

The report has been updated and is now submitted for Council’s consideration and direction.

 

Council has previously resolved to seek to conclude agreements to end the numerous management entities currently overseeing the complex’s operation in favour of a single management structure.

 

Based on the respective lease provisions, termination dates and negotiated agreements it is expected that all current agreements will have lapsed or be surrendered on or before 1 July 2009.  This paves the way for Council to install the single management structure of their choice.

 

There are numerous leasing models available depending on the degree to which Council seeks to be involved in the day to day operation of the facility and the control sought over operational cost and plant maintenance.

 

Accurate comparisons of the different management models have not been possible as Council does not hold any income figures to validate modelling assumptions.  Assumptions on income potential based on information sought from other Councils, pool operators and the current operator have been made to compare the different management options however it quickly became apparent that basing long term operational decisions on such assumptions was highly speculative.

 

Accordingly it is recommended that Council tender for an entity to manage and operate the complex for a relatively short term (2 years) with a conditional option to renew the agreement for a further term.  A fundamental term of the agreement should be for the operator to collect, collate and report operational information to council to enable an informed decision at the conclusion of the initial term.

 

 

 

Recommendation:

 

1        That Council advertise by open tender the management and operation of the Macksville Aquatic Centre for an initial contract period of two years.

 

2        That in the event the preferred tender requires the refitting of the Gym Room at the Hydrotherapy Pool as a condition of their tender Council obtains quotes pursuant to Council’s Procurement Policy for the fit out and/or lease of suitable equipment for the Gym.

 

3        That a report be brought back to Council for further determination regarding the evaluation of tenders for the management and operation of the Macksville Memorial Aquatic Centre.

 

 

 

OPTIONS:

 

There are numerous management options detailed in the discussion section of this report.

 

Council can choose to manage the complex using day labour.  In so doing Council would need to recruit a qualified pool manager with substantial experience in managing and promoting an aquatic centre.

 

 

DISCUSSION:

 

Warranty & Repair Issues

 

Staff have identified numerous building and equipment defects in the new Hydrotherapy pool facility. Remedy of these defects is being sought under warranty.  Staff continue to liaise with the respective installers/contractors/suppliers for their attention to the defects and progress is being made.

 

The most significant repair issue is that of the solar heating system.  The system is not operational and has never operated to design standard.  Country Energy (the contracted supplier) has been contacted to remedy the matter.  Country Energy has advised that an independent audit of the system has been arranged to determine what action will be taken to remedy the faults. 

 

Williams River Steel have attended the gym complex and effected repairs to the leaking roof under warranty.  Minor works remain outstanding.  Further Williams River Steel will attend the complex at a later date to replace the ceiling panels damaged as a result of the roof leak.

 

 

Chemical Storage Shed

 

A less costly alternative to extending and upgrading the existing chemical storage facility has been identified and arrangements are being made to obtain quotes pursuant to Council Procurement Policy 2008.

 

 

Operating Costs

 

Ongoing efforts are being made to reduce the cost and usage of gas and electricity.  Current gas and electricity usage can be improved.  Staff have identified that current (relatively excessive) gas usage is due to the solar system not operating to design standards.

 

On preliminary investigations of the Macksville Aquatic Centres operation Country Energy advised Council that energy savings of up to 60% per year could be achieved with the installation of the Aquaheat Solar System.  The expectation is that these savings will be realised when the solar system issues have been rectified.

 

Council staff have successfully negotiated a 30% reduction in gas charges.  It is expected that the full benefit of this new rate will be realised when the solar system is operational.

 

A pool blanket has been purchased and is being used on the Hydro Therapy Pool.  Industry estimates suggest that a pool blanket will prevent approximately 70% of heat loss (when the pool is covered) resulting in up to a 30% saving in energy costs.  Data to validate this saving is not yet to hand.

 

 


Current Operating Costs

 

Council currently meets the bulk of operating costs for the aquatic centre, save and except the stocking and operation of the kiosk and the wages associated with pool programs such as learn to swim and aqua aerobics.  Total operating expenses for 2008/09 is budgeted at approximately $411,800.

 

Council collects revenue from outdoor gate takings.  2008/09 expected revenue for gate takings is $42,000.  Council expects to collect additional revenue in the amount $8,600.

 

All other revenue raised at the Aquatic Centre is collected and retained by the Lessees.

 

The budgeted net position for 2008/09 allowing for non operating expenses and overheads is as follows:

 

Operating expenses                                                          $411800.00

Operating revenue                                                              $-50600.00

Non operating expenses                                                    $163000.00

Non operating revenue                                                                $0.00

Overheads                                                                        $111400.00

 

Total expenditure                                                              $686200.00

Total Income                                                                     $-50600.00

 

Loss                                                                             $(635,600.00)

 

 

Leasing

 

The Aquatic Centre currently operates under four management levels:

 

1        Overall Management by Council of all fixed costs and operational expenditure

 

2        Employed staff by Council to manage the outdoor pool

 

3        Leased contract of canteen and water slide (as well as right to learn to swim programs) to a private contractor

 

4        Leased gymnasium and hydro pool to a private contractor.

 

For the public health, safety, financial and administration purposes identified in previous reports Council has indicated a preference to seek a single lease for the entire Aquatic Centre.

 

Based on the respective lease provisions, termination dates and negotiated agreements it is expected that all current agreements will have lapsed or be surrendered on or before 1 July 2009. 

 


Tendering Options

 

Recruitment and induction of a new lessee will need to be made on a strict time frame to ensure that the new lessee is operational from 1 July 2009.

 

It is recommended that an open tendering process be utilised to invite tenders for the Management and Operation of the Macksville Aquatic Centre.

 

Corporate Services staff have approached the future management of the pool with four main objectives:

 

1        Reduce and manage operating costs

 

2        Record and measure operating performances including revenue, patronage and program uptake

 

3        Maximise the promotion of the complex to increase patronage across all section of the community; and,

 

4        Protect the integrity of the plant and equipment to ensure use over the maximum life expectancy of the plant

 

Staff will formulate evaluation criteria against the above objectives but remain open to the business model ultimately employed (ie leasing, management etc).

 

 

Strategic Objectives for the Macksville Memorial Aquatic Centre

 

To date a strategic plan for the direction and management of the aquatic centre has not been compiled.  In the absence of such a plan Corporate Service staff have presumed the following as core objectives of the swimming complex:

 

1        Reduce Councils pool operating costs

 

2        Maximise the utility of operating costs

 

3        Measure, Track and Record patronage, income and expenditure

 

4        Increase Programming available at the Aquatic Centre

 

5        Increase Revenue

 

6        Maintain high standard of water safety and at least to the standards set down in GSPO

 

7        Maintain High Water Quality (at least to Department of Health and GSPO guidelines)

 

8        Increase promotion of Aquatic Centre

 

9        Protect Pool Plant & Equipment integrity to ensure maximum life expectancy

 

10      Annual improvement review to schedule capital improvement required to keep abreast of water safety standards, risk management obligation s and to capitalize on future income generating potential


Management Agreement Models

 

Management options include:

 

1        Council operating the facility as a separate business entity and using day labour

 

2        Council appointing an operator to manage the complex under a management agreement

 

3        Council appointing a lessee to manage the complex under a lease agreement

 

Each model is determined by the degree to which council seeks to be involved in the day to day operation of the facility and the control sought over operational cost and plant maintenance.  Further, within each model a specific balance can be negotiated to reflect the control and involvement Council seeks over the centres operation.

 

Conducting a full and accurate financial comparison of the three models has not been possible as historically Council has not collected and collated revenue data for the complex.

 

In view of this it is the author’s opinion that a long term contract cannot be contemplated at this stage.  As a minimum itemised records of patronage and revenue are required.

 

Notwithstanding the above opinion it is clear that the convoluted management system currently in place is not productive nor feasible.  Council should continue to seek a single management entity on a short term contract, say two years, with an option to extend that contract for a further period (say 4 years) if key performance indicators are realized in the initial term.

 

Tracking, Measuring, and Recording patronage, income and expenditure should be the priority performance indicator for the initial term. Collating of this type of data will at the very least enable Council to more fully consider the management of the complex in the long term.

 

 

Day Labour Model

 

The day labour model involves council appointing a Facility Manager to operate the complex as a separate business unit.

 

Adopting this model will allow council to retain full control of the facility, most particularly promotion, programming and general operational expenses.

 

The most significant expense will be the cost of staffing which is conservatively estimated at $270,000.00. (by way of comparison Council currently has a wage bill of in the order of $85,000.00).  Should Council elect to use day labour to operate the facility a promotion budget should also be allocated.

 

Further Council would need also to commit to the continued operation of the gym and, if so, meet the cost of purchasing or leasing gym equipment. Preliminary estimates for the purchase of similar equipment to the existing setup are approximately $166,000 or approx $3,200 - 5000 per month on a lease basis over 4-5 years.

 

The above costs would be offset by income generated from the facility.  The potential income for the whole facility is not known.  It is expected that tender submission will provide an indication of feasible income potential having regard to the location, population base and the size of the complex.

 

By way of example Taree Council operates the Manning Aquatic and Leisure Centre using day labour.  The Taree complex comprises an indoor swimming facility, crèche, gym and aerobics room as well as a seasonal outdoor pool.

 

The Taree swimming pool manager advised that previous Lessees did not adequately maintain plant and equipment which was part of the reason why Taree sought to self manage the centre.  Taree Council is satisfied with the operation of the facility evidenced by ongoing budget allocations for promotion, improvement and expansion of the facility despite operating deficits.

 

The manager reported that the gym and aerobics arm of the complex are the primary revenue streams.

 

The kiosk is opened only for significant carnival events as it was otherwise unprofitable.

 

 

Management Model

 

The Management model involves appointing an external management entity to oversee the staffing, daily operation, programming and promotion of the facility.  Operational costs such as electricity, gas, chemical and cleaning supplies as well as maintenance and repairs are directly or indirectly met by Council.  Council receives all revenue.

 

As an example, Forster-Tuncurry Council has appointed YMCA as the facility manager at the Great Lakes Aquatic Centre in Forster (a complex comprising 2 indoor pools, a crèche, an aerobics room, gym room and sports centre).  The Property Officer has inspected the facility and found it to be a vibrant and busy complex with not less than 5 different programmes running as well as a coffee shop at the time of inspection.

 

Adopting the management model will provide a strong opportunity to achieve the objective of maximising the promotion of the complex to increase patronage across all section of the community.  Performance criteria and budget constraint can be used to manage business reporting and on going operating costs.

 

Enquiries of YMCA and Belgravia Leisure (two aquatic centre management companies) have confirmed that a key feature of such services is regular financial, expenditure and programming reporting.

 

 

Lease Model

 

The Lease Model involves appointing a Lessee to take full control of the facility.  Under this model the Lessee meets all operating expenses and collects all revenue.  Based on submission received when Council sought expression of interest in 2004 Council will, more than likely, be required to provide an annual subsidy to the operator.

 

Corporate Services staff have contacted numerous councils to discuss the management operation of their respective swimming pools.  Without exception every council which leases the operation of their pool pays the Lessee a subsidy commensurate with the scope of the operation.

 

 

Scope of Operation

 

Council has indicated in previous resolutions that they seek for the Aquatic centre to operate under a single management entity.  Accordingly it is proposed that the invitation to tender for the management and operation for the facility include:

 

Seasonal Swimming pool operation and associated programming

Kiosk operation

Waterslide operation

Learn to Swim programs

Coaching rights

Hydro Therapy pool operation (including aqua-aerobics, physio etc)

Gym/Program room operation

 

In other words tenders will be received for the management and operation of the Aquatic Centre in its entirety.  Staff do not anticipate the consideration of tenders submitted for part management of the Centre.

 

Staff have compiled operational specifications establishing minimum operational standards and requirements for the operation of the aquatic centre.  Tenders will need to detail how they intend to meet the specifications.  Further, key performance indicators based on the specifications will be incorporated into the management agreement.

 

 

Gym Room/Equipment

 

Special mention should be made to the gym/program room.  The gym has been outfitted by the current Lessee and on termination of the lease the gym equipment will devolve to him.

 

Enquires on other gym/pool facilities indicate that the gym component of such facilities have the greatest potential to generate surplus revenue.  Other possible uses for the room are as a general program room for activities such as yoga, aerobics, self defence etc.  The author has no information to suggest that this alternative has similar or superior incoming earning potential to that of a gym.  Further it appears that a business plan for the viability of the gym operation at the complex has never been undertaken.  The presumption is that the current operator made diligent enquiry prior to leasing the gym and pool and was satisfied as to its potential profitability.

 

Given the apparent earning potential at the Gym should Council choose to lease the operation of the Aquatic Centre it is the authors view that the fit out of the gym should be at the Lessee’s expense.  An alternative would be for Council to lease the gym equipment and offset the pool operation subsidy by a like amount (the end result being the same).

 

Should Council choose to appoint a management company the ultimate cost of outfitting of the gym would fall to Council.  Recent quote enquiries indicate that outfitting the gym with equipment similar to the existing fit out would be approximately $166,000.  Leasing options for the same package would range in price from $3,200 to $5,000.00 per month depending on the length of the lease period (3-5 years)(not including freight).  Upon expiry of the lease the equipment can be purchased for one dollar or traded in.

 

The author understands that there was significant community support for the inclusion of a Gym at the Aquatic Centre.

 

 

Calling for Tenders

 

As previously stated Council should seek to formally invite tenders for the operation and management of the Aquatic Centre for an initial two year term with a conditional option to renew.  The invitation should be by way of an open tender process.

 

Tender specifications should require the following as a minimum:

 

1        A business plan for the operation of the Aquatic Centre which specifically addresses the strategic objectives previously listed

 

2        Comprehensive reporting regime on all financial, marketing, OH & S and risk management and patronage of the Aquatic Centre

 

3        Comprehensive plan on how the tenderer will achieve Council’s strategic, administrative and operational specifications

 

4        Details of proposed staffing levels and staff qualifications.

 

 

Conclusion

 

Council has previously resolved to bring the management of the complex under a single management entity.

 

There is insufficient data, particularly revenue data, to enable an informed business decision committing to the long term management of the Aquatic Centre.

 

Accordingly it is recommended that Council seek to appoint an entity to manage and operate the complex for a relatively short term (2 years).  A fundamental term of the agreement should be for the operator to collect, collate and report operational information to Council to enable an informed decision at the conclusion of the initial term. An option to renew the agreement can be made available to the operator if Council is agreeable.

 

In any event it expected that Council will pay a subsidy to the operator to meet all or part of the difference between operating revenue and costs.

 

A tendering process is required to appoint an operator.  This process needs to commence immediately to best ensure an operator is appointed and ready to commence management on 1 July 2009.

 

Should Council seek to ensure that the gym facility remain at the complex there may be a necessity, depending on the management model, to raise further funds to purchase or lease the required equipment.

 

 

CONSULTATION:

 

Manager Finance

Manager Business Development

Pool Manager - Taree Aquatic Centre

Centre Manager – Great Lakes Aquatic Centre

Pool Manager – Coffs Harbour Memorial Pool

Pool Lessee – Port Macquarie Outdoor Pool Complex

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues arsing from this report.

 

Social

 

Council has invested considerable resources in the construction of this facility on the basis that substantial social benefit can arise from it use.  On this basis every effort should be made to maximise community uptake of this facility which necessarily involves comprehensive programming at, and promotion of the facility to the local community and Shire generally.

 

Economic

 

The cost to the community for the ongoing operation of the facility is and will remain substantial.  Efforts to minimise operating costs should continue and should form a fundamental basis of any lease or management agreement.  Furthermore maximising the utility of the money spent in operating the facility can be achieved through increasing patronage and usage of the complex.

 

 

Risk

 

There are no foreseeable risks arsing from the recommendations in this report.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Current and future budgets will be impacted upon in varying degrees depending on the management structure adopted by Council.  Employing the day labour option will have the most significant impact on future budgets.

 

Staff are confident that current operating cost are under control and will decrease as and when warranty repairs are completed.

 

Source of fund and any variance to working funds

 

General working funds.

 

 

Attachments:

 

  


Ordinary Council Meeting

15 January 2009

Director Environment & Planning's Report

ITEM 10.1      DA2008/269      150109         Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville

 

AUTHOR/ENQUIRIES:        Rhys Edwards, Health & Building Surveyor         

 

Summary:

 

Applicant:                      Dex Consulting Pty Ltd

 

Proposal:                       Deck, Garage & Internal Alterations; Change of use to residential/commercial

 

Property:                        Lot D Section 9 DP 5611; 48 High Street, Bowraville

 

Zoning:                           Zone 2(v) – Residential (Village)

 

MANEX ADVICE:

 

This application is resubmitted to Council for final determination. Whilst Council resolved not to accept the recommendation from the 17 December 2008, General Purpose Committee Meeting, it did not formally determine the application as required under the Environmental Planning and Assessment Act.

 

The reason for not accepting the recommendation from the General Purpose Committee was due to conflicting landuse issues.

 

As such the option in the report has been altered to reflect the intention of Council based on this reason. Notwithstanding the recommendation for approval remains due to the permissible landuses within the 2(v) Village Zone.

 

ORIGINAL REPORT

 

The original development application (DA 2008/269), lodged on 23 June 2008, was for the construction of a deck and garage, and internal alterations to a building in High Street, Bowraville (Old Scout Hall). Routine assessment of the application revealed that no approval had been previously granted for residential occupation of this building. The approved use of the building was for a Scout Hall. The applicant was then asked to lodge a modification to the original development application, to seek a change of use for the building to allow residential occupation.

 

Since notification of primary development application on 22 July 2008, several submissions have been received relating to conflicting landuse if the commercial premises are converted to residential use. The submissions raised concerns about potential loss of commercial premises in Bowraville’s main street, parking and noise issues, and concerns about the condition of building and adequacy of natural light.

 

After consideration of this application under the relevant legislation and Council requirements, there appears to be no impediment to Council approving this application, provided relevant development requirements are considered and placed as conditions on the Development Consent.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 


 

Recommendation:

 

1          That development application 2008/269 for minor building works and change of use be approved subject to conditions included in this report.

 

2          That those persons who made submissions to the application be advised of Council’s decision.

 

 

 

 

OPTIONS:

 

MANEX PROVIDED OPTION

 

Council resolved not to accept the recommendation from the 17 December 2008, General Purpose Committee Meeting, due to conflicting landuse issues.

 

In line with the above resolution and as an alternative to the recommendation, Council may chose to refuse the application with the reasons being:

 

1          Pursuant to Section 79C(1)(b) of the EP&A Act, the proposed development is likely to have a detrimental impact on the adjoining landuse.

 

2          Pursuant to Section 79C(1)(d) of the EP&A Act, the matters raised in the submission are considered warranted relating to amenity and economic impact on the locality.

 

 

PROPOSAL:

 

The DA proposal is for the construction of an attached deck on an existing timber building, minor alterations to the interior layout of the building, and the construction of a detached garage. Additionally, the DA has been modified to include approval for a change of use to the commercial building, to allow for residential use. The proposed 10x8m metal garage to the rear of the property will provide off-street parking with access from rear lane (Adams Lane).

 

DISCUSSION:

 

The proposed use of this building as a combined dwelling/commercial premises under it’s current zoning (2(v) - Residential (Village)) is supported by Council’s LEP. In addition, a subsequent survey of nearby buildings in High Street, conducted by Council Health & Building Officers on 1 October 2008, determined that many of the commercial premises in High Street have a residential component attached.

 

With respect to conflicting land use, it appears that the butcher’s shop adjoining the proposed development site is the only commercial operation in this part of High Street. The applicant has stated that they intend to retain the commercial component of the building, to ensure the potential for commercial use of this building is preserved.

 

Submissions raised by notification of this application are discussed further in this report and include:

 

·              conflicting landuse if the commercial premises are converted to residential use

·              potential loss of commercial premises in Bowraville’s main street

·              parking issues

·              condition of building and adequacy of natural light

·              sound transmitted between adjoining residential and commercial properties

 

One issue, which has not been raised in submissions, is the proposal to erect a timber picket fence along the boundary adjoining Nos 48 and 50 High Street. This is an area of concern, as the means of access to refrigeration equipment and hot water heater for 50 High Street. has been through the yard of the subject property. Although not formally recognised, this arrangement between neighbours appears to have existed for many years.

 

 

CONSULTATION:

 

This application has been considered by Council’s Engineering Services and Environment & Planning Departments.

 

Engineering services required the proposed garage to be set back  one (1) metre from the boundary to allow continuing access to sewer line.

 

Council’s Planning Department has expressed reservations about the building line setback for the proposed garage, stating that the setback does not comply with DCP 11 (Building line setbacks). However, a circular from the Director of Environment & Planning states that a policy will be prepared in regards to the regulation of this matter. However, during the interim period, for “…all lanes not designated as a road/ street, the minimum setback will apply.”

 

The application was notified to surrounding premises and four (4) submissions were received. The issues raised in submissions have been considered by Council’s Health & Building Staff during the assessment of this application, as discussed in the following sections.

 

 

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

 

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

 

(a)        the provisions of

 

(i)         any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

The land is zoned Zone 2(v) – Residential (Village) the objectives of which encourage the variety of urban

land uses required within small urban communities.

 

North Coast Regional Environmental Plan

 

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

 

(ii)        any draft environmental planning instrument

 

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

 

(iii)       any development control plan (DCP)

 

DCP 9 – Bowraville Heritage Guidelines applies to the site. The proposal complies with the Aims of this DCP, as described in Section 1 Part (e) (i), (ii), (iii), and (v).

 

 


Comment

 

The proposal is compliant with DCP 9 as there is no intention to alter the frontage of the building, hence no impact on the character or streetscape of High Street is anticipated. 

 

DCP 11 – Building Line setbacks for residential buildings do not apply to this development.

 

Comment

 

The proposal is for a building already constructed, the setback of which is consistent with the setback lines of adjacent buildings, and is in keeping with the character of the streetscape in this location. The proposed garage will be set back one (1) metre from the rear boundary.

 

(b)        the likely impacts of the development

 

The main concern with the proposal is the perceived land use conflict issues and amenity. Impacts, if any, are anticipated to be of a minor nature.

 

Assessment of this application suggests that conflicting land-use concerns, as raised in the submissions, have little basis as this area has traditionally been subject to mixed landuse, in the form of commercial premises with attached or ancillary residential components. In the past, these types of uses have co-existed with little conflict arising as a result.

 

Issues relating to the amenity of the site are likely to have little impact on occupants or neighbouring residents or business operators. Issues such as privacy for residents of the proposed development can be managed through conditions placed on the development consent. Noise issues arising from the operation of commercial premises can be addressed by insulating the residential component of the development in accordance with the BCA.

 

Director’s Note:

 

This application and concerns raised by the adjoining premise operator, highlights potential future issues leading with competing landuses within the 2(v) Village zone. As identified in this proposal, the potential impacts between the residential expectations and those expectations of the commercial operator (Butcher), to continue operating as has been the case for many years, where there is a need to start early and refrigeration equipment and motors are required to run 24 hours a day, 7 days a week.

 

The proposal presented to Council is likely to occur more regularly as some of the smaller village areas experience a reduced commercial activity and an increase in residential living, which are both permissible landuses within the 2(v) Village zone.

 

The potential conflicts associated with noise will need to be monitored and dealt with, hopefully in a sympathetic and understanding way to ensure both competing landuses may continue to co-exist without one landuse being considered “superior” to the other.

 

Parking issues raised in submissions are not considered to be valid as:

 

·              precedent exists for on-street parking at this location;

·              the building is some distance from pedestrian crossing and will have no adverse impacts; and

·              there is access to the property via a rear lane (Adams Lane).

 

(c)        the suitability of the site for the development

 

The site is serviced and reasonably flat and level and is therefore considered to be unconstrained. There are no constraints which would preclude developing the land for the purpose of a mixed classification building with combined residential and commercial components. 

 

Given that the buildings already exist, fire separation between adjoining buildings will need to be carefully considered to provide the highest possible level of fire protection to prevent the spread of fire between buildings.

 

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

 

The application has been notified to adjoining landowners for a period of 14 days. Four submissions were received regarding the proposed development. These submissions have been attached to this report.

 

Of these, one submission registered no objections to the proposal, with the remaining submissions being initiated from one adjacent property, and included such concerns as:

 

·              conflicting landuse

·              potential loss of commercial premises in Bowraville’s main street

·              parking and noise issues

·              condition of building and adequacy of natural light

 

In response to the issues raised, the following points are noted:

 

3          Pursuant to Section 79C(1)(a)(i) of the EP&A Act, the proposed use of the building is consistent with the standards for zoning in this area in accordance with Part 3 of Council’s Local Environmental Plan (LEP).

 

4          Pursuant to Section 79C(1)(b) of the EP&A Act, the proposed development complies with land uses and activity in the locality; precedent exists for mixed commercial and residential classification for buildings in this area.

 

5          Pursuant to Section 79C(1)(b), off-street parking access is possible from lane at rear of property, the use of rear-lane access for parking purposes is common in this area. A garage for parking of vehicles is part of this proposal.

 

6          No records of noise complaints against neighbouring dwelling(s) by current occupant are registered on Council’s Customer Request System. Any such complaints would be dealt with under the Protection of the Environment Operations (Noise Control) Regulation 2000.

 

7          Pursuant to Section 79C(1)(b) of the EP&A Act, amenity issues can be addressed through normal DA approval process.

 

8          Residential component of building will be required to comply with appropriate BCA obligations for fire safety, facilities, light and ventilation and for protection from the spread of fire between residential and commercial components of building. Acknowledging that the development involves an existing building, it is not proposed for Council to require complete compliance with the BCA, but more to achieve an acceptable level of occupant safety.

 

9          No intention exists to serve a demolition order on the existing building, which has been used as a residence since 1997. Council encourages the recycling of existing buildings under the principles of environmental sustainability.

 

(e)        the public interest

 

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

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed development will have no adverse impacts on the natural environment. The recycling of existing buildings is encouraged under the principles of environmental sustainability.

 

Social

 

No adverse impacts anticipated from this application.

 

Economic

 

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

 

Risk

 

The adoption of a consistent approach to development control, combined with a proper assessment under Section 79C of the EP&A Act 1979, will mitigate any risks to Council that may arise following determination of an application.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Not applicable.

 

 

DETAILS OF CONDITIONS OF CONSENT

 

PARAMETERS OF THIS CONSENT

 

1        Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Plan No 486 1-10

1

Dex Consulting

March 2008

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

 


2        Consent Granted For Works within the Road Reserve

 

This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Work

Standard to be provided

Driveway

10 metres wide. Paving to be 100mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

 

3        Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

a        All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

b        In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

This condition does not apply:

 

a        to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188 (4), or

b        to the erection of a temporary building.

 

4        Notification of Home Building Act 1989 requirements

 

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

 

a        in the case of work for which a principal contractor is required to be appointed:

i         the name and licence number of the principal contractor, and

ii        the name of the insurer by which the work is insured under Part 6 of that Act,

b        in the case of work to be done by an owner-builder:

i         the name of the owner-builder, and

ii        if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

 

5        Existing buildings to be bought into compliance with fire safety provisions

 

In accordance with Clause 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s), subject to a development application, be bought into total compliance with the fire safety provisions of the Building Code of Australia Part C1 and Table C1.1 of BCA Vol 1.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

6        Sewer main to be relocated or protected

 

The application for a Construction Certificate is to include Structural Engineer's details and a certificate certifying that the design for the footings has taken into account the effect on the garage, should excavation of the sewer line be necessary, see special conditions re position of garage & sewer main.

 

7        Plans and Specifications for Fire Protection

 

          Plans and specifications to be submitted to Council showing:

 

          a        methods of attaining compliance with:

                   i         Part C1, C2 and C3 of BCA 2008 (Vol. 1) for separating wall between residential (Class 4) and commercial (Class 6) with regards to protection from spread of fire between buildings, and,

                   ii        Part F5 of BCA 2008 (Vol 1) for sound insulation of separating wall between residential and commercial components;

 

          b        Finished edge of external wall of proposed garage to be located no less than 1 metre from Council sewer main; and

 

          c        Double glazing of bedroom windows to assist in sound attenuation.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

 

8        Plumbing Standards and requirements

 

All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

The plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work in accordance with the Local Government Act and the NSW Code of Practice for Plumbing and Drainage. The proponent must ensure the plumber has obtained a Plumbing Permit prior to commencing work on the site.

 

9        Residential building work

 

Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

 

a        in the case of work to be done by a licensee under that Act:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

b        in the case of work to be done by any other person:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        has been informed in writing of the person’s name and owner-builder permit number, or

iii       has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

 

Note:  The amount referred to in paragraph (b) (iii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted that amount was $5,000. As those regulations are amended from time to time, so that amount may vary.

 

A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

 

10      Erosion & sediment measures

 

Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol. 1, 4th Edition prepared by Landcom.

 

11   Toilet facilities

 

Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a toilet connected to an accredited sewage management system approved by the Council.

 

12   Site construction sign required

 

A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a        showing the name, address and telephone number of the principal certifying authority for the work, and

b        showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c          stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of 1m2.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

13   Construction times

 

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

14   Builders rubbish to be contained on site

 

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

15  
Maintenance of sediment and erosion control measures

 

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

16   Measures to control stormwater runoff

 

Measures must be put in place to control stormwater runoff. These control measures must be in place prior to the commencement of works so as to prevent soil erosion and the transport of sediment from the site into either:

 

a        adjoining land

b        natural drainage courses

c        constructed drainage systems, or

d        waterways.

 

All disturbed areas must be stabilised and revegetated. Turfing or another approved seeding method must be undertaken in each part of the development within 7 days of completion of earthworks. Topsoil must be preserved for site revegetation. Details of sediment control measures and revegetation works must be submitted to the Principal Certifying Authority for approval prior to release of the Construction Certificate.

 

17      Survey of building location required

 

This condition relates specifically to the proposed garage. A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the floor slab formwork, before concrete is poured, to ensure the siting of the building in relation to adjacent boundaries is in accordance with the development consent.

 

18      Stormwater drainage work

 

Stormwater must be collected and disposed of to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

 

19      Works to be completed

 

All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate. The bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Council’s road/footpath reserve.

 

20      Sewer and water to be connected

 

Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

 

21      Smoke Alarms

 

          Interconnected and automatic hard wired smoke alarms to be fitted to Class 4 and Class 6 buildings in accordance with Part 3.7.2 of BCA 2008 (Vol. 1)


THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

 

22      Premises not to be converted to dual occupancy

 

The premises are not to be converted for use for dual occupancy purposes without the prior consent of Council.

 

 

REASONS

 

1        To comply with the provisions of Nambucca Local Environmental Plan 1995.

 

2        To ensure that the movement of traffic along the public road is not interfered with by activities relating to the development, and/or to comply with traffic regulations.

 

3        To preserve the environment and existing or likely future amenity of the neighbourhood.

 

4        To provide and/or maintain an adequate drainage network that will not cause damage to existing or future development.

 

5        To ensure adequate access to and from the development.

 

6        To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff of stormwater from any buildings and paved areas that may be constructed on the land.

 

7        To protect the environment.