NAMBUCCA SHIRE COUNCIL

 

GENERAL PURPOSE COMMITTEE - 14 JANUARY 2009

 

AGENDA                                                                                                   Page

 

1        DISCLOSURE OF INTEREST

2        DELEGATIONS (if any)—Motion to hear Delegations

3        General Manager Report

12.1   2009/10 Management Plan - Vision/Mission & Values

4        Director Environment and Planning Report

12.2   DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

12.3   Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

5        Director Engineering Services Report

12.4   Policy Review - Waste Collection Service - Availability Conditions

12.5   Policy Review - Public Gates and Motor Bypass (Grids)

12.6   River Street, Macksville - Landscaping Riverbank

12.7   Integrated Water Management Cycle (IWCM)

 

 

 

TIME

ITEM

PAGE

8.30 am      

12.4 and 12.5

55

9.00 am

12.6

72

9.30 am

12.3

31

10.00 am

Morning Tea

 

10.20 am

12.1

2

11.10 am

12.2

4

12.00 noon

Lunch

 

12.45

12.7

78

 

 

 



General Purpose Committee

14 January 2009

General Manager's Report

ITEM 8.1      SF939              140109         2009/10 Management Plan - Vision/Mission & Values

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

Council reviews its Vision, Mission and Values as part of the development of its Management Plan.

 

The Vision, Mission and Values have been reviewed and it is queried whether the “Vision” statement, which should be a branding slogan, sufficiently distinguishes what really drives the Council.

 

It is proposed that alternative vision statements be reported to Council’s meeting to consider the draft management plan so that a preferred vision statement may be adopted.

 

 

Recommendation:

 

That alternative Vision Statements be reported to Council’s meeting to consider the draft management plan so that a preferred Vision Statement may be adopted.

 

 

OPTIONS:

 

Council can retain or amend its Vision, Mission Statement and Values as it sees fit.

 

DISCUSSION:

 

Council reviews its Vision, Mission and Values as part of the development of its Management Plan.

 

The Vision, Mission and Values of Council were the subject of extensive review as part of the preparation of the 2008/2009 Management Plan.  With assistance from Ms Kerry Grace, the previous elected Council undertook a review of the Management Plan and agreed on the following Vision, Mission and Values:

 

Our Vision

 

Nambucca Valley – living at its best”

 

Our Mission Statement

 

“The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people”.

 

Our Values in Delivery

 

·      “Effective leadership

·      Strategic direction

·      Sustainability of infrastructure and assets

·      Community involvement and enhancement through partnership with Council

·      Enhancement and protection of the environment

·      Maximising business and employment opportunities through promotion of economic development

·      Addressing social and cultural needs of the community through partnerships and provision of facilities and services

·      Actively pursuing resource sharing opportunities”

 

The Vision, Mission and Values have been reviewed and it is queried whether the “Vision” statement, which should be a branding slogan, sufficiently distinguishes what really drives the Council.

 

The Mission Statement and Values are considered to aptly describe our reason for being.

Other suggestions which have been put forward are:

 

Industry, Lifestyle & Tourism – this is already used in marketing by the Manager Business Development

Industry, Environment & Tourism

Environment & Enterprise or

Enterprise & Environment

Opportunity & Environment

 

Whilst there has been considerable improvement in the Management Plan there continues to be concern that many of the key performance indicators in the Management Plan do not accord with the SMART acronym being:

·      Specific

·      Measurable

·      Achievable

·      Realistic

·      Time based

 

Further, without specialist software there is no way of relating the management plan strategies and actions with the budget or with the any performance requirements for individual staff.

 

There will be a further report on appropriate software to make the management plan more relevant to Council’s day to day operations.

 

CONSULTATION:

 

The matter has been considered by MANEX.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The implications for the environment depend upon the extent to which Council “lives” its Vision, Mission and Values.

 

Social

The social implications depend upon the extent to which Council “lives” its Vision, Mission and Values.

 

Economic

 

Again the economic implications depend upon the extent to which Council “lives its Vision, Mission and Values.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

  


General Purpose Committee

14 January 2009

Director Environment & Planning's Report

ITEM 9.1      DA2009/004      140109         DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Applicant:                      Hadlow Design Services

 

Proposal:                       Consolidation of 31 lots and create two lots each with a dwelling entitlement

 

Property:                        Lots 6-9 Sec B, Lots 1-7 Sec C & Lots 1-5 & 12-24 Sec D DP 8624 Jellico and Short Streets Macksville

 

Zoning:                           Zone 1(a2) – Rural (Prime/Flooding)

 

This application is for the consolidation of 31 lots and creation of 2 lots each with a dwelling entitlement on land predominantly fronting Jellico Street and bounded by the North Coast Railway Line.

 

This application required a SEPP No 1 Objection to the minimum lot size of 40 ha and was submitted to the Department of Planning on 31 July 2008. The Department advised on 24 September that it did not support the variation to create 2 lots but indicated that they would likely support one lot and dwelling entitlement instead of two.

 

The matter is now presented to Council as the applicant has gained some encouragement from the Department of Planning where they have indicated that if the applicant is able to address a number of issues and gain the support of Council they would reconsider the proposal and waive the application fee.

 

Should the Department of Planning formally support the SEPP 1 Variation for the two (2) additional lots, or for just one (1) additional lot, the application is proposed to be dealt with under Delegated Authority at which time appropriate conditions would be applied to the proposal.

 

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 Council advise the Department of Planning that it supports the SEPP 1 Variation for the consolidation of 31 lots and the creation of two lots each with a dwelling entitlement as outlined in Development application 2009/004.

 

2          That the matter be dealt with under Delegated Authority subject to the Department of Planning support for the SEPP 1 Variation.

 

 

OPTIONS:

 

As an alternative to the recommendation, Council has the following options:

 

·              Support the “1 lot only” determination of the SEPP 1 variation issued by the Department of Planning on 24 September 2008

·              Not support the SEPP 1 variation due to the High Hazard Floodway classification provided for this land under the Nambucca Floodplain Risk Management Plan.

 

 

DISCUSSION:

 

This application is for the consolidation of 31 lots and creation of 2 lots each with a dwelling entitlement on land predominantly fronting Jellico Street and bounded by the North Coast Railway Line. A third lot over the railway line and bounded by the Nambucca River already has an old dwelling on it and is a lot by itself.

 

This application required a SEPP No 1 Objection to the minimum lot size of 40 ha and was submitted to the Department of Planning on 31 July 2008. The Department advised on 24 September that it did not support the variation to create 2 lots but indicated that they would likely support one lot and dwelling entitlement instead of two as outlined below:

 

The Department of Planning in their letter of advice provided an opportunity for the applicant to reconsider their proposal:

 

 

The applicant was advised of the Departments response on 29 September 2008. The landowners then made their own representations to the Department of Planning in Grafton which provided them with further encouragement.

 

A meeting was held with the landowners on 3 November 2008 when they advised that the DoP indicated that they needed to address the flooding, and seek the support of Council for the proposed 2 lots.

 

A letter from the owners has been received and is attached for Councillors information.

 

The normal process for SEPP No 1 applications with Nambucca Shire Council is that where a SEPP 1 application is received it is referred to the Department of Planning seeking their concurrence or refusal before the application is processed. If concurrence is received the application is assessed accordingly. Where concurrence is not received Council is unable to process the application and the applicant is requested to withdraw the application.

 

In this instance the normal process was followed and whilst the DoP has not concurred with the SEPP 1 application, they have indicated their support for a single lot only rather than the two lots proposed. Notwithstanding, the owners sought a meeting with the Regional Manager of the DoP to clarify why they do not support the two lots put forward.

 

The owners subsequently met with Council staff and it was agreed that the process would be that they would gather the additional information and a report be presented to Council for consideration and if supported referred off to the DoP again with a new SEPP 1.

 

Should the Department of Planning formally support the SEPP 1 Variation for the two (2) additional lots, or for just one (1) additional lot, the application is proposed to be dealt with under Delegated Authority at which time appropriate conditions would be applied to the proposal.

 

There are a number of positive reasons why Council should support this SEPP 1 Application:-

·      Each of the existing 31 lots have individual title that could be sold off. Although each lot does not have a dwelling entitlement, the mere fact that the lots can be legally sold off may lead to ongoing requests and pressure on Council to support individual SEPP 1 Applications for a dwelling entitlement on each lot.

·      The status of the unformed roads (nth end of Jellicoe Street, Short Street an French Street) are in dispute and may very well be under the ownership of the original settler/landowner. This consolidation would finally clarify this matter.

·      The two proposed dwelling sites would be situated on the highest part of the flood affected area of Kings Point and treated as infill development thereby complying with Council’s Floodplain Risk Management Strategy.

 

CONSULTATION:

 

The original SEPP No 1 application was forwarded to the DoP who did not support the application.

Adjoining neighbour notification has been completed with no submissions being received.

The owners have discussed the proposal with both Council staff and the DoP.

 

 

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 1(a2) – Rural (Prime/Flooding) the objectives of the zone relevant to this proposal are:

 

d       to ensure that development of land in that part of the zone which is liable to flooding is carried out in a manner appropriate to the flood hazard;

 

f        to control development that could:

 

iii       be subjected to physical limitations such as erosion hazard, bushfire risk, flooding and the like.

 

Clause 49. 1, 3, 3a-3g, 4, 5, 6, 7, 7a & 7b of the NLEP 1995 applies – What Restrictions Apply to Development of Flood Prone Land?

 

The proposal is for the consolidation of lots and the creation of two lots, both with Dwelling entitlements. As such, Council must take into consideration its Floodplain Risk Management Plan adopted on 17 February 2005.

 

Under the Nambucca Floodplain Risk Management Plan, the subject land is identified as High Hazard Floodway with a 1:100 flood level of approximately 3.65m AHD.

 

A determination as to whether this proposal is In-Fill Development or New Residential development is required to be made due to its location and the current and former zoning of the land. After applying the definitions (below) within the Plan it has been determined that the “best fit” is that of “In-Fill Development”.

 

DEVELOPMENT

Infill development - refers to the development of vacant blocks of land that is generally surrounded by developed properties and development is permissible under the current zoning of the land.  Conditions such as minimum floor levels may be imposed on infill development.

New development - refers to development of a different nature to that associated with the former land use or at another location that is not on the same footprint or immediately adjacent.  Examples of new development include the urban subdivision of any area previously used for rural purposes, the conversion of a dwelling to a Bed and Breakfast establishment or rebuilding at a different location.

Redevelopment - refers to rebuilding on the same footprint as previously or immediately adjacent to the previous development site.   For example, as urban areas age it may become necessary to demolish and reconstruct buildings on a relatively large scale. Redevelopment generally does not require either rezoning or major extensions to urban services. It refers to the replacement of a structure with something similar without a change of usage.

 

With this determination the proposal for a dwelling entitlement must be considered against Appendix A – Planning Matrix of the Floodplain Risk Management Plan as outlined below

 

Building Element

In-Fill Development

A - Floor level

1, 2

B - Building materials

1

C - Structural Soundness

1

D - Flood affection

1

E - Evacuation/Access

3

F - Flood Awareness

1, 2

G - Management and Design

1, 2, 3

 

CONTROLS:

A – Floor Level

1

All habitable floor levels to be equal to or greater than the 1% AEP flood plus 0.5m (freeboard).

2

Floor levels equal to or greater than 1% AEP (if practical). Alternatively storage areas to be provided at the 1% AEP level.

B – Building Materials

1

All structures to have flood compatible building materials below or at the 1% AEP flood level – see Nambucca Shire Council Flood Proofing Code

C – Structural Soundness

1

Engineer’s Report to provide any structure subject to a flood up to & incl the 1% AEP flood level can withstand the force of floodwater, debris & buoyancy.

D – Flood Affectation

1

Engineer’s Report required to prove that the development will not increase flood affectation elsewhere.

E – Evacuation / Access

3

Consideration required regarding an appropriate flood evacuation strategy and pedestrian / vehicular access route for both before and during a flood.


 

F – Flood Awareness

1

S149 (2) Certificates to notify affectation by the 1% AEP flood.

2

S149 (2) Certificates to notify affectation by the extreme flood.

G – Management & Design

1

Flood plan required where flood floor levels are below the design flood level.

2

Applicant to demonstrate that there is an area where goods may be stored above the 1% AEP flood level plus 0.5m (freeboard) during floods.

3

No external storage of materials below the 1% AEP flood level plus 0.5m (freeboard) which may be potentially hazardous during floods.

 

North Coast Regional Environmental Plan

 

There are no relevant provisions of the Regional Environmental Plan that specifically apply to the proposed development. However, the North Coast REP outlines the process and requirements for Council’s when preparing new LEP’s over flood liable land.

In this instance the adjoining land is appropriately zoned pursuant to NLEP 1995 and in accordance with the NCREP as Zone 2(c) Residential (Flood Liable) which permits In-Fill Development subject to compliance with the Nambucca Floodplain Risk Management Plan.

 

(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 4 – Subdivision (2006) applies to the land.

 

Comment

 

The SEPP 1 application seeks a variation from the minimum 40ha lot size for a dwelling entitlement identified in the DCP.

 

DCP 11 – Building Line setbacks for residential buildings applies to this development.

 

Comment

 

The proposal is for a dwelling entitlement at this stage with the setbacks to be considered at DA stage for a dwelling should the SEPP 1 be approved.

 

(b)        the likely impacts of the development

 

The main concern with the proposal is the risk of flooding and the classification applied to the land as being High Hazard Floodway. Not withstanding, the Nambucca Floodplain Risk Management Plan provides opportunity for In-Fill Development subject to flood proofing measures as outlined in the Plan.

 

The applicant has provided site survey details which suggests that the land at the locations of where the dwellings would be sited are at or about 3.0m – 3.2m AHD. The Nambucca Floodplain Risk Management Plan identifies that the 1:100 year flood level at this location is at or about 3.5m AHD. It being noted that whilst the NSW State Government have determined that the 1:100 year level provides for a 0.5m freeboard, Council’s Floodplain Risk Management Plan requires the floors of all infill residential development requires a further 0.5m freeboard.

 

If approval if gained for the SEPP 1 the finished floor level for the proposed dwellings would be 4.0m AHD or approximately 1m above the existing ground level on the site.

 

The Nambucca Flood Proofing Code does not permit clay fill/pads under a slab on ground. Therefore, it would be expected that the building would need to be elevated via, solid brickwork subfloor or placed on reinforced concrete piers or braced steel poles all to Engineers design.

 

(c)        the suitability of the site for the development

 

The site can be serviced by Water, Sewer, Telecommunications and Power  to meet the demands by the two proposed dwellings. Some road upgrade works would be required to ensure that Jellico Street, kerb and gutter and site access meet Council’s requirements for urban development.

 

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

 

The application has been notified to adjoining landowners (22 properties) for a period of 14 days. One submission was received supporting the proposal.

 

Rail Infrastructure and Unkya Local Aboriginal Lands Council were also notified of the proposal with no comment received.

 

(e)        the public interest

 

Council has the responsibility of ensuring that it manages the risk to the public relating to development in areas that are subject to flooding. The High Hazard Floodway classification must be carefully considered in this instance.

 

The subject land contains some of the higher elevated land in this area.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed development will have limited impacts on the natural environment. The effects of the natural environment and matters such as Climate Change and Sea Level Rise needs to be considered and it would be recommended that the applicant if successful with their SEPP 1 be encouraged to build an elevated house with garaging underneath and all habitable areas at least 2- 2.5m above the existing ground level.

 

Social

 

No adverse impacts anticipated from this application. However, Council needs to consider the possible social impact of buildings in flood prone areas.

 

Economic

 

There are no economic implications arising from the proposed development. However, there may be costs associated for the occupants of the dwelling if approved in a Floodway during a flood event.

 


Risk

 

The Floodplain Risk Management Plan adopted by Council in February 2005 outlines the steps that need to be considered and applied for this proposal. Council needs to ensure that it can demonstrate that it has acted in accordance with the Plan.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications to Council arising from the determination of the development application.

 

Source of fund and any variance to working funds

 

Not applicable.

 

 

Attachments:

1View

17538/2008 - State Environmental Planning Policy No 1 Application

 

2View

19006/2008 - Council's letter to DoP

 

3View

24364/2008 - Application for consolidation 2 Lot Resubdivision and 2 Dwelling Entitlements

 

4View

28388/2008 - Letter of request for further consideration and Flood Plan

 

5View

32432/2008 - Plan of subdivision

 

 

 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 1

17538/2008 - State Environmental Planning Policy No 1 Application

 





 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 2

19006/2008 - Council's letter to DoP

 

Enquiries to:        Mr Oliver

Telephone no:      6568 0225

Our Ref:              DA 2009/004

 

 

 

31 July 2008

 

 

 

Regional Director

NSW Department of Planning

North Coast Region

Locked Bag 10

GRAFTON   NSW   2460

 

 

CONCURRENCE PURSUANT TO SECTION 79B

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

 

Dear Mr Murray

 

DEVELOPMENT APPLICATION 2009/004

CONSOLIDATE 31 LOTS AND CREATE 2 LOTS COMPRISING AREAS OF 1.33 HA AND 0.82 HA AND ALLOW A DWELLING ENTITLEMENT ON EACH NEW LOT

LOTS 6-9 SEC B, LOTS 1-7 SEC C & LOTS 1-5 & 12-24 SEC D, DP 8624, JELLICO & SHORT STREETS, MACKSVILLE

 

A development application and an objection under SEPP 1 has been received by Council on 14 July 2008. The application was incomplete as it did not include the concurrence fee of $250, required in accordance with the provisions of Clause 252A of the EP&A Regulations.

 

Council seeks your Department’s concurrence, pursuant to Section 79B of the Environmental Planning and Assessment Act, 1979.

 

Concurrence is required on the basis that:

 

¨         The proposed lots comprising areas of 1.33 ha and 0.82 ha do not comply with the minimum area of 40ha for the erection of a dwelling-house on land zoned 1(a2) Rural (Prime/Flooding) in accordance with Clause 14 of the Nambucca Local Environmental Plan 1995.

 

The application will be notified for a period of 21 days from Monday 4 August 2008 until Monday 25 August 2008. Copies of any submissions received within this period will be referred to you at the end of the exhibition period.

 

Please find attached the following items:

§  Development Application form

§  Applicant’s Statement of Environmental Effects

§  Submitted Plan of Proposal

§  SEPP 1 Objection

§  GIS map – current lot layout

§  LEP zone extract map

§  Cheque for $250. Please forward the receipt to Hadlow Design Services, PO Box 86, South West Rocks, NSW, 2431  § 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 2

19006/2008 - Council's letter to DoP

 

2

 

NSW Department of Planning

31 July 2008

DA 2009/004

 

 

 

 

§  Copy of DP No. 8624

 

Also enclosed for your information is a copy of Council’s letter dated 30 April 2008, and undated letter from the applicants regarding the unmade roads within the boundaries of the subject property.

 

Should you require further information concerning the above, please contact Mr Ben Oliver, Senior Town Planner of Council’s Environment and Planning Department on 6568 0225.

 

Yours faithfully

 

 

 

ARTHUR TSEMBIS

MANAGER PLANNING & ASSESSMENT

AT:lh

enc

 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 3

24364/2008 - Application for consolidation 2 Lot Resubdivision and 2 Dwelling Entitlements

 



 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 4

28388/2008 - Letter of request for further consideration and Flood Plan

 








 


General Purpose Committee - 14 January 2009

DA 2009/004 - Report for SEPP 1 Consideration of Consolidation of 31 Lots and create 2 lots with a dwelling entitlement on each - Jellico and Short Streets, Macksville

Attachment 5

32432/2008 - Plan of subdivision

 

 


General Purpose Committee

14 January 2009

Director Environment & Planning's Report

ITEM 9.2        SF226              140109         Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

 

AUTHOR/ENQUIRIES:        Rhys Edwards, Health & Building Surveyor; Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council considered this report at its General Purpose Committee Meeting of 17 December 2008 when it was resolved to defer the matter to the January 2009 General Purpose Committee Meeting to enable Councillors the opportunity to make written submissions to staff in regard to the Draft Local Approvals Policy - Keeping of Animals.

 

Two submissions were received and are outlined in the Discussion section of the report and included as considered appropriate.

 

The Draft Local Approvals Policy - Keeping of Animals (previously referred top as Draft Animal Management Plan) is resubmitted for Council’s endorsement for exhibition.

 

A considerable amount of time and effort on the part of Council officers is expended through dealing with nuisance complaints involving the keeping of certain types of animals in specific zones, particularly Urban and rural-residential areas.

 

A Draft Local Approvals Policy has been prepared to assist Council staff when dealing with such matters. This document also proposes to assist Shire residents in making informed choices as to the appropriateness of certain types of animals in urban and rural-residential areas. 

 

 

Recommendation:

 

1          That the Draft Nambucca Shire Council Local Approvals Policy – Keeping of Animals be advertised for community consultation from 29 January 2009 to 27 February 2009.

 

2          That following the exhibition period, a further report be presented to Council for consideration and adoption of the Local Approvals Policy – Keeping of Animals.

 

 

OPTIONS:

 

Council has the following options available to it:

 

1          Advertise the Draft Local Approvals Policy - Keeping of Animals seeking comment as recommended;

2          Amend the Draft Policy before public exhibition;

3          Resolve not to proceed with the Draft Policy

 

 

DISCUSSION:

 

Council staff often become involved in neighbourhood disputes relating to animal nuisances. Staff are then required to take a regulatory and reactive approach to try and resolve the conflict, often resulting in continuous and ongoing issues.

 

The relevant legislation does not specify the number of animals that may be kept on a property as this provision was removed with the new Local Government Act, Companion Animals Act and changes to the Local Government Regulations.

 


Council may however, prepare a Local Approvals Policy to guide the community on acceptable numbers and their location of animals that may be kept in and upon urban/residential and rural-residential properties.

 

This Draft Policy has been prepared using actual cases of conflict as the guide for the establishment of numbers and setbacks. The intent of now placing the Draft Policy on public exhibition will give the community the opportunity to support, oppose or offer suggestions towards the identified controls.

 

Once adopted it is envisaged that the Policy will give Council staff the ability to deal with animal-associated complaints more rapidly and consistently, thus saving valuable time.

 

Two formal submissions have been received from Councillors and are addressed below:

 

Issue

Comment

·    Limit number of dogs in urban and rural-residential areas to 2 only

Submission included in amended Draft Policy

·    Limit number of cats in urban and rural-residential areas to 2 only

Submission included in amended Draft Policy

·    Age of kittens and pups should be reduced as they are almost adult at 6 months of age

Submission not included in amended Draft Policy. The Companion Animals Act 1998 requires all pups and kittens to be microchipped by 6 months of age. Nambucca Shire Council’s Policy should aim for consistency with this legislation. As registration of juvenile animals is required under this Act, current records held by Council should indicate the number of animals already at a particular residence, allowing for easier policing of the Policy.

·    Age of chicks in urban areas should be reduced from 6 months as chickens are almost adult at this stage. Difficult to determine age of chicks by Council’s field officers

Submission included in amended Draft Policy.

Reworded from “(and checks to 6 months of age)” to “(and chicks until fully fledged)”.

·    Greyhounds should not be allowed in urban areas

Submission included in amended Draft Policy. Perceived conflict with greyhound owners and trainers with this exclusion however.

·    Horses and cattle in rural-residential areas – what is meant by 1m from any property boundary?

Submission included in amended Draft Policy.

Removal of the words “and 1m from property boundary” to reduce confusion.
NB:  A second internal fence may be required to achieve setback.

·    Keeping of bees in urban areas

Inclusion of bees in table and attachment of DPI’s “Code of Practice for Beekeeping” to allow residents to keep bees in manner promoting current best practice management principles

 

 

CONSULTATION:

 

Director Environment & Planning

Council’s General Purpose Committee (17 December 2008)

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Perceived improvement in environmental health through better control of animals kept in unsanitary conditions or in inappropriate numbers.

 

Social

 

Social benefits for those living in target land-use areas through a more efficient and consistent approvals.

 

Economic

 

Reduced amount of time for Council staff to address and resolve animal-based disputes will result in more efficient use of Council resources.

 

Risk

 

Certain degree of discontent from some affected residents is likely to arise, however, the overall benefits of this proposed Policy will most likely outweigh these predicted issues

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Direct impact will be small if at all measurable, and would not result in a budgetary impact.

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

31182/2008 - Draft Local Approvals Policy - Keeping of Animals - January 2009

 

 

 


General Purpose Committee - 14 January 2009

Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

Attachment 1

31182/2008 - Draft Local Approvals Policy - Keeping of Animals - January 2009

 

 
 

 

 

 

 


Nambucca Shire Council

 

 

D R A F T

 

 

 

Local Approvals Policy

 

Keeping of Animals

 

 

 

2009

 

 

 

Prepared by:

Environment and Planning Department

Date:   January 2009

 


General Purpose Committee - 14 January 2009

Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

Attachment 1

31182/2008 - Draft Local Approvals Policy - Keeping of Animals - January 2009

 

Table of Contents

 

Introduction. 1

Aims of this Policy. 1

Purpose of this Policy. 1

Scope of this Policy. 1

Definitions. 2

Prescriptive Requirements. 2

Council’s Powers to Control and Regulate the Keeping of Animals. 3

Giving of Orders by Council 3

Table 1: Requirements for Animal Keeping in Urban Areas. 4

Table 2: Requirements for Animal Keeping in Rural-Residential Areas. 7

Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government (General) Regulation 2005) 10

Appendix 2 – Code of Practice for keeping of birds. 12

Appendix 3 – Code of Practice for the Keeping of Bees. 15

Appendix 4 – Dictionary of Important Terms. 17

 

 


General Purpose Committee - 14 January 2009

Report on Draft Local Approvals Policy - Keeping of Animals within Nambucca Shire

Attachment 1

31182/2008 - Draft Local Approvals Policy - Keeping of Animals - January 2009

 

Introduction

 

The Nambucca Shire Council encourages the responsible keeping of animals, including, but not limited to, companion animals, therapeutic animals, pets, hobby farm animals, sustenance and food production animals. Most people who keep animals, as pets, or for the companionship they offer, will attest to the many benefits arising from such interactions. However, there are also negative situations that can occur when animals are kept in unhealthy or inappropriate conditions, or are kept in locations or circumstances which cause a nuisance to others.

 

This Policy serves to inform members of the communities within the Nambucca Shire as to their rights and responsibilities when keeping animals. This Policy outlines the legal requirements and responsibilities of animal owners, and also offers advice and guidance to ensure that the keeping of animals is conducted in the most healthy and harmonious manner possible.

 

 

Aims of this Policy

 

The aims of this Policy are to:

 

a          Clarify Council’s position on the keeping of animals in different land-use areas within the Nambucca Shire;

b          Outline Council’s responsibilities and expectations in regard to keeping animals in these areas; and,

c          Educate the owners and carers of animals as to their responsibilities, and to encourage them to act in the community interest.

 

 

Purpose of this Policy

 

The purpose of this Policy is to supplement provisions of the Local Government Act 1993 and Regulations by specifying matters that Council must take into account when determining whether or not to issue an Order under Section 124 of that Act.

 

This Policy will allow Council Regulatory Officers and members of the public to ensure that the objectives of Schedule 2 Part 5 of the Local Government (General) Regulation 2005 – Standards for Keeping Birds or Animals, are observed when taking these matters into consideration. This Schedule is attached to the end of this Plan as Appendix 1.

 

 

Scope of this Policy

 

This Policy applies to the keeping of animals for domestic purposes as companion pets or for hobby interests. However, the principles contained in the prescriptive requirements also apply to the keeping of animals for commercial purposes including breeding, boarding, grooming, caring, treatment, racing, exhibiting, trading or selling.

 

Where it is intended to keep animals for commercial purposes, advice should be sought from Council’s Planning Department as to whether a Development Application is required by Council in order to obtain planning consent. Consent to the operation of animal establishments may not be granted where Council considers that the proposal would be detrimental to the amenity of the locality.

 

This Policy addresses statutory and community-based obligations for animal management practices in different land use areas. The land-use areas referred to in this Policy are described in the Nambucca Shire Council’s Local Environment Plan (LEP) and shall include Urban or Residential/Village zones and Rural-Residential zones/areas as well as Rural land abutting any of these previously mentioned zones/areas.

 

Guidelines or obligations for the keeping of animals in rural zones are not prescribed or controlled by this Local Approvals Policy.

 

 

Definitions

 

The definitions used in this Policy shall be read and incorporated in conjunction with:

 

·          Protection of the Environment Operations Act 1997;

·          NSW Local Government Act 1993;

·          Local Government (General) Regulation 2005;

·          Environmental Planning and Assessment Act 1979; and

·          Nambucca Local Environmental Plan 1995;

 

Unless specified otherwise, the Act referred to in this Policy is the Local Government Act 1993. A dictionary defining the most important terms used in this Policy is taken from the dictionary for that Act, listed as Appendix 3 of this document.

 

 

Prescriptive Requirements

 

The number of animals that may be kept at a premises is not to exceed the number shown as listed in the Table of Requirements included with this Policy.

 

In circumstances where an approval may be required, Council may not grant approval for increased animal numbers or changes to the identified minimum set back distance, however, Council may consider application for increased animal numbers or changes to the minimum setback distance where it can be demonstrated that such variation will have no potential or actual disturbances to health, environment, or neighbourhood amenity.

 

The type of animal that is suitable to be kept at any premises will be determined having regard to the size of the available yard area, the distance to the nearest dwelling or other prescribed building, and any animal management plan for collection and storage of waste, control of noise, pests and vermin. Certain statutory requirements apply as noted in the table.

 

It should not be assumed that animals of all types may be kept on premises which are part of a multiple dwelling allotment. Where a dwelling is owned within a Strata Plan or Community Title, it will be necessary for the rules of the Body Corporate to be examined for requirements relevant to the keeping of animals. In many cases private covenants may apply to land, whilst in some cases, restrictions may have been placed on the title of properties through development consent conditions restricting the type of animals which may be kept. A check of the land title will indicate the existence of such covenants.

 

All animals must be kept in a manner which does not:

 

·           Create unclean or unhealthy conditions for people or for the animals

·           Attract or provide a harbourage for vermin

·           Create offensive noise or odour

·           Cause a drainage nuisance or dust nuisance

·           Create waste disposal problems or pollution problems

·           Create an unreasonable annoyance to neighbouring residents or fear for safety

·           Cause nuisance due to proliferation of flies, lice, fleas or other insects

 

Suitable shelter should be provided for all animals. Certain types of animals are required to be kept in cages to prevent their escape or attack by predators. Generally, other animals are to be securely enclosed with adequate fencing to prevent escape. Animal shelters should not be erected or located at premises without first determining whether the prior approval of Council is required. To determine whether a proposed animal shelter complies with Council’s requirements, or requires approval, please refer to Development Control Plan Number 10 – Exempt and Complying Development, located on Council’s website at http://www.nambucca.nsw.gov.au.

 

 

Council’s Powers to Control and Regulate the Keeping of Animals

 

Generally, Council’s powers to control and regulate the keeping of animals are provided under Section 124 of the Local Government Act 1993 and the Local Government (General) Regulation  2005, Schedule 2 Part 5.

 

Under Chapter 7, Part 2, Division 1, Section 124, Order 18 of the above Act, the Council may, in the appropriate circumstances, issue an Order to:

 

·           Prohibit the keeping of various kinds of animals;

·           Restrict the number of various kinds of animals to be kept at a premises; or

·           Require that animals be kept in a specified manner

 

The Council may also issue Orders requiring:

 

·           Demolition of animal shelters built without prior approval of the Council; or

·           The occupier to do or refrain from doing such things as are specified so as to ensure that land or premises are placed or kept in safe or healthy conditions

 

It is advised that Council can exercise further controls under the following Acts:

 

·           The Noise Control Act, 1975;

·           The Impounding Act, 1993;

·           The Food Act, 2003 (prohibits animals to be kept where food is handled for sale);

·           Companion Animals Act 1998;

·           Environmental Planning & Assessment Act 1979; and,

·           Protection of the Environment Operations Act 1997;

 

 

Giving of Orders by Council

 

Firstly, it must be established that the keeping of a particular animal within the zone or area is permitted under Nambucca Shire Council’s Local Environmental Plan. Secondly, where a problem is identified with keeping of animals and it can not be resolved through consultation and mediation, the Council may proceed to issue notice of its intention to serve an Order. Normally a person will be given opportunity to make representation to Council prior to a formal Order being issued. In situations which Council believes constitute a serious risk to health or safety, an emergency Order to address or remove the risk may be issued without prior notice.

 


Table 1: Requirements for Animal Keeping in Urban Areas

 

URBAN AREAS (Including Villages)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Bees

-

-

Requirements for the keeping of bees in residential, urban or village areas are provided by the NSW DPI – attached Appendix 4 of this Policy

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any property boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)

Cats

2

(and kittens to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act, 1998

 

This Act requires cats to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Nambucca Shire Council

Dogs (excluding greyhounds)

2

(and pups to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act, 1998

 

This Act requires dogs to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Nambucca Shire Council

Ferrets

2

Cages to be 9m from dwellings

and

900mm from any property boundary

The keeping of ferrets is not recommended in urban areas. However, where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.

Greyhounds

 

Prohibited in urban areas

 

 

Horses and cattle

0

_

The keeping of horses and cattle on properties of less than 5,000m2 in a residential, urban or village area, is not considered appropriate.

Pigs

0

_

 

The keeping of pigs is prohibited in residential, urban or village areas

Pigeons

50 (members of recognised aviculture society)

 

15 (non-members)

Coops to be 9m from dwellings

and

900mm from any property boundary

Free lofting* is prohibited in residential, urban or village areas.

 

Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise.

 

Training of young birds to be conducted in a manner to avoid nuisance.


 

URBAN AREAS (Including Villages)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Poultry (domestic), guinea fowl and bantams

 

 

 

 

 

Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10

(and chicks until fully fledged)

 

 

 

 

 

5

(and chicks until fully fledged)

 

4.5m

from dwellings

and

1 metre from any property boundary

 

 

30m from dwellings

and

1 metre from any property boundary

 

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case.

 

The keeping of roosters in residential, urban or village areas is prohibited

 

Poultry yards must be enclosed to prevent escape of poultry.

 

The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

Rabbits

2

(same gender)

Cages to be 900mm from any property boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s).

 

Do not release into environment.

 

The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989.  However, two domestic breed same gender pet rabbits, securely housed, are permitted per residential allotment.

 

NOTE:

Restriction on numbers is imposed by the NSW Dept of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

Other rodents (rats, mice and guinea pigs)

Appropriate to location, species and breed

Appropriate distance to avoid nuisance and/or health hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment


 

URBAN AREAS (Including Villages)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Reptiles and amphibians

As appropriate to circumstances

As appropriate to circumstances.

All species must be adequately housed to prevent escape.

The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats

1 of either

9m from dwellings

Billy goats or rams should not be kept on a residential property in a residential, urban or village area.

 

 

 


Table 2: Requirements for Animal Keeping in Rural-Residential Areas

 

 

Rural-Residential AREAS

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Bees

-

-

Requirements for the keeping of bees in rural-residential areas are provided by the NSW DPI – attached Appendix 4 of this Policy

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any property boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)

Cats

2

(and kittens to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act 1998

 

This Act requires cats to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Nambucca Shire Council

Dogs (excluding greyhounds)

2

(and pups to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act 1998

 

This Act requires dogs to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Nambucca Shire Council

Ferrets

5

Cages to be 9m from dwellings

and

900mm from any property boundary

Where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.

Greyhounds

(See Note at foot of table)

2

Kennels to be 15m from adjoining dwellings

and

900mm from any property boundary

Individual greyhounds to be housed in separate kennels. Kennels to be secure and lockable

 

Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)*

 

Muzzles must be fitted to each greyhound when in public and no more than 2 greyhounds to be walked by one individual


 

Rural-Residential AREAS

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Horses and cattle

1 per 0.5 ha

9m from dwellings

and

1m from any property boundary

Must be securely fenced

Pigs

1

60 m from any dwelling or property boundary

DPI guidelines suggest that  rural-residential properties under 1.5 ha in area are not suitable for the keeping of pigs

Pigeons

150 (members of recognised aviculture society)

 

50 (non-members)

Coops to be 9m from dwellings

and

1m from any property boundary

Free lofting* is prohibited in rural-residential areas.

 

Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise.

 

 

Training of young birds to be conducted in a manner to avoid nuisance.

Poultry (domestic), guinea fowl and bantams

 

 

 

 

 

 

Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10

(and chicks until fully fledged)

 

 

 

 

 

5

(and chicks until fully fledged)

 

 

4.5m

from dwellings

and

1m from any property boundary

 

 

 

30m from dwellings

and

1m from any property boundary

 

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case.

 

The keeping of roosters in rural-residential areas is not recommended. Noise issues relating to roosters will result in the removal of offending bird

 

Poultry yards must be enclosed to prevent escape of poultry.

 

The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.


 

Rural-Residential AREAS

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Rabbits

2

(same gender)

Cages to be 900mm from any property boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s).

 

Do not release into environment.

 

The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989.  However, two domestic breed same gender pet rabbits, securely housed, are permitted per rural-residential allotment.

 

NOTE:

Restriction on numbers is imposed by the NSW Dept. of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

Other rodents (rats, mice and guinea pigs)

Appropriate to location, species and breed

Appropriate distance to avoid nuisance and/or health hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment

Reptiles and amphibians

As appropriate to circumstances

As appropriate to circumstances.

All species must be adequately housed to prevent escape.

The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats

1 of either per 0.5 ha of land

9m from dwellings

 

Enclosure must be securely fenced to avoid escape


Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government (General) Regulation 2005)

 

Schedule 2

 

Part 5    Standards for keeping birds or animals

 

 

Division 1  Keeping of swine

 

17     Swine not to pollute

1        Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used, or likely to be used):

         a        by a person for drinking or domestic purposes, or

         b        in a dairy.

2        Swine’s dung must not be deposited in such a place or manner as to pollute any water referred to in subclause (1).

 

18     Swine not to be kept near certain premises

1        Without limiting clause 1, swine must not be kept (and swine’s dung must not be deposited) within 60m (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

2        A greater distance determined under this clause applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

 

 

Division 2  Keeping of poultry

 

19     Poultry not to be nuisance or health risk:

1        Poultry must not be kept under such conditions as to create a nuisance or to be dangerous or injurious to health.

2        Poultry yards must at all times be kept clean and free from offensive odours.

 

20     Poultry not to be kept near certain premises

1        Fowls (that is, birds of the species Gallus gallus) or guinea fowls must not be kept within 4.5m (or such greater distance as the council may determine in a particular case) of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

2        Poultry (other than fowls referred to in subclause (1)) must not be kept within 30m of any building referred to in subclause (1).

3        The floors of poultry houses must be paved with concrete or mineral asphalt underneath the roosts or perches. However, this subclause does not apply to poultry houses:

         a        that are not within 15.2m of a dwelling, public hall or school, or

         b        that are situated on clean sand.

4        Poultry yards must be so enclosed as to prevent the escape of poultry.

5        The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

 

 


Division 3  Keeping of horses and cattle

 

21     Horses and cattle not to be kept near certain premises:

1        Horses and cattle must not be kept within 9m (or such greater distance as the council may determine in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

2        The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

3        Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.

4        The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.


Appendix 2 – Code of Practice for keeping of birds

 

 

This Code is designed for everyone involved in keeping, breeding, showing and trading birds (other than domestic poultry).

 

By adhering to the code, people involved in this industry demonstrate to the general community their concern for birds in their care. The code is neither a complete manual of aviculture husbandry nor a static document. It may be revised to take account of advances in the understanding of bird physiology and behaviour, technological changes, changing industry standards, and the community’s attitudes and expectations about the welfare of birds.

 

Compliance with the code does not remove the need to abide by the requirements of any other laws and regulations, such as local government or National Parks and Wildlife Service legislation. The code has been prepared by the Associated Birdkeepers of Australia (ABA), representing a large proportion of those in aviculture. It is not intended to apply to those premises licensed or approved under the Exhibited Animals Protection Act or by the Zoological Parks Board.

 

 

1.0        INTRODUCTION

 

1.1        This code recognises the following principles:

 

a        a primary concern for the welfare of birds.

b        a realisation of the need for conservation.

c        a concern for others in aviculture.

d        compliance with legislative requirement.

 

1.2        The importance of care and competence in the handing and keeping of birds cannot be over-emphasised. Appropriate expert advice and guidance should be sought whenever needed.

 

1.3        This code cannot replace the need for common sense and experience.

 

 

2.0        GENERAL REQUIREMENTS

 

2.1        The basic needs of aviary birds are:

 

            a        ready access to proper and sufficient food and water adequate to maintain health and vigour.

            b        freedom of movement and ability to exercise or fly appropriate to the species.

            c        accommodation which provides protection and which neither harms nor causes distress.

            d        fresh air and exposure to suitable light.

            e        protection from predators, toxic substances and diseases.

            f         rapid identification and competent treatment of any injury, vice or disease.

 

3.0        FOOD & WATER

 

3.1        Adequate food suitable for the needs of the particular species of birds should be readily available. Most species of birds should have access to food at all times.

 

3.2        Clean, cool water should be available at all times.

 

It is totally unacceptable for birds to die from lack of food or water.

 

4.0        ACCOMMODATION

 

4.1        Each species should be accommodated according to its need, including:

 

            a        protection from extremes of climate.

            b        safety from predators.

            c        ability to escape from, or to avoid distress caused by other birds animals, and humans.

            d        protection of food and water containers from contamination or firm rain or direct sunlight.

            e        sufficient space, perches, nesting areas and/or feed and water station to meet the needs of all the birds in the cage or aviary.

            f         nesting sites and materials appropriate for the species for breeding purposes where intended.

 

5.0        HEALTH & HYGIENE

 

5.1        Good animal husbandry, as for any animal species, is essential for the welfare of birds.

 

5.2        Newly acquired birds should be quarantined for a suitable time for treatment / observation before release into aviaries or cages.

 

5.3        Birds show ill health or stress in a great variety of ways, but careful observation may be needed as sick birds are able to suppress some signs when stimulated.

 

5.4        Sick or injured birds should be isolated to facilitate observation and treatment and to prevent further damage and / or to restrict the spread of infection.

 

5.5        Cages and aviaries should be cleaned regularly; the floor and food and water containers in holding cages should be kept clean.

 

5.6        Birds should be inspected regularly, preferably daily, to ensure that adequate feed and water is available, to check on their state of health, and to identify and promptly remedy any problem that may develop. New, sick or young birds should be inspected more frequently.

 

5.7        Where treatment to restore health or to repair injury is not possible or is not successful, euthanasia should be performed by a competent person and in an appropriate and humane manner. Veterinary advice should be sought.

 

6.0        PROCEDURES

 

6.1        Catching

 

aviary birds usually causes them distress and some species are particularly susceptible. Birds should be caught by the least stressful method available and subjected to minimal handling.

 

6.2        Restraint

 

Special care and knowledge is necessary in holding or restraining birds, and the most appropriate method should be used for each species.

 

6.3        Wings

 

Pinioning of wings is an unacceptable practice and is defined as an act of cruelty. The clipping of wing feathers of small birds or nervous species is also unacceptable.

 

6.4        Rings

 

The application of rings for identification purposes requires careful selection of the appropriate ring and its application. Some species, especially adult birds, should not be ringed because of the risk of self-mutilation. Special care is needed should a ring require removal. for example, to attend to a leg injury.

 

6.5        Beak Trimming

 

Overgrown beaks should be carefully trimmed. Unless due to curable disease or a nutritional problem, birds with overgrown beaks should not be used for breeding.

 


6.6        Toe Trimming

 

Excessively long nails should be trimmed without drawing blood, but toes should not be cut with the intent of preventing nail growth. Overgrown nails may be indicative of inadequate conditions, particularly in small cages.

 

 

7.0        PARASITE CONTROL

 

7.1        Worm control is necessary with most aviary birds.

 

7.2        Water or feed medication may be indicated in some circumstances, but is least efficient.

 

7.3        Individual dosing should be performed by competent operators.

 

7.4        Chemicals, eg insecticides, should be selected and used carefully and in accordance with pesticide laws. For example, pest strips are ineffective except in enclosed areas.

 

 

8.0        BIRDS ON DISPLAY

 

8.1        Show and Exhibitions

 

Show and Exhibitions should be conducted over as short a period as possible and not more than 72 hours. Public access should be controlled. Birds exhibiting signs of distress, injury or disease must be removed from the display area for appropriate attention or treatment. Birds on display must be under competent supervision at all times. Food and water must be available and birds accommodated in accordance with this code. Cage sizes must be not less than the show standards for the particular species.

 

8.2        Markets and Auctions

 

These are stressful to birds and must be conducted over as short a period as possible and not more than 12 hours. Otherwise conditions as in 9.1 apply.

 

 

This code has been endorsed by:

 

·             The NSW Animal Welfare Advisory Council

·             The NSW National Parks and Wildlife Service

·             NSW Agriculture

·             Pet Industry Joint Advisory Council Canary & Cage Bird Federation of Australia Inc


Appendix 3 – Code of Practice for the Keeping of Bees

 

         


Appendix 4 – Dictionary of Important Terms

 

 

Excerpt of Dictionary taken from Local Government Act 1993

 

adjoining, in relation to an area, means abutting or separated only by a public reserve, road, river, watercourse, or tidal or non-tidal water, or other like division.

 

approval means an approval that is in force under this Act.

 

area means an area as constituted under Division 1 of Part 1 of Chapter 9.

 

building includes part of a building and any structure or part of a structure, but does not include a moveable dwelling or associated structure or part of a moveable dwelling or associated structure.

 

catchment district means a district proclaimed to be a catchment district under section 128.

 

council:

a    means the council of an area, and includes an administrator, and

b    in Part 11 of Chapter 15, includes the Lord Howe Island Board constituted under the Lord Howe Island Act 1953.

 

dwelling in Division 1 of Part 8 of Chapter 15, means a building or part of a building used as a place of dwelling.

 

local environmental plan has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

 

notice includes notification, order, direction and demand.

 

occupier includes:

a    a person having the charge, management or control of premises, and

b    in the case of a building which is let out in separate occupancies or a lodging house which is let out to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his or her own account or as the agent of another person,

and, in the case of a vessel, means the master or other person in charge of the vessel.

 

owner:

a    in relation to Crown land, means the Crown and includes:

i     a lessee of land from the Crown, and

ii    a person to whom the Crown has lawfully contracted to sell the land but in respect of which the purchase price or other consideration for the sale has not been received by the Crown, and

b    in relation to land other than Crown land, includes:

i     every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and

ii    every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and

iii    in the case of land that is the subject of a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, the owners corporation for that scheme constituted under the Strata Schemes Management Act 1996, and

iv    in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 1989, the association for the parcel, and

v     every person who by this Act is taken to be the owner, and

c    in relation to land subject to a mining lease under the Mining Act 1992, includes the holder of the lease, and

d    in Part 2 of Chapter 7, in relation to a building, means the owner of the building or the owner of the land on which the building is erected.

 

premises means any of the following:

a    a building of any description or any part of it and the appurtenances to it,

b    land, whether built on or not,

c    a shed or other structure,

d    a tent,

e    a swimming pool,

f     a ship or vessel of any description (including a houseboat),

g    a van.

 

private land means land the fee-simple of which is not vested in the Crown, and land that the Crown has lawfully contracted to sell.

 

public authority means a public authority constituted by or under an Act, a government department or a statutory body representing the Crown, and includes a person exercising any function on behalf of the authority, department or body and any person prescribed by the regulations to be a public authority.

 

public land means any land (including a public reserve) vested in or under the control of the council, but does not include:

a    a public road, or

b    land to which the Crown Lands Act 1989 applies, or

c    a common, or

d    land subject to the Trustees of Schools of Arts Enabling Act 1902, or

e    a regional park under the National Parks and Wildlife Act 1974.

 

public officer of a council means the public officer appointed under Chapter 11 for that council.

 

public place means:

a    a public reserve, public bathing reserve, public baths or public swimming pool, or

b    a public road, public bridge, public wharf or public road-ferry, or

c    a Crown reserve comprising land reserved for future public requirements, or

d    public land or Crown land that is not:

i     a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or

ii    a common, or

iii    land subject to the Trustees of Schools of Arts Enabling Act 1902, or

iv    land that has been sold or leased or lawfully contracted to be sold or leased, or

 

      e  land that is declared by the regulations to be a public place for the purposes of this definition.

 

public reserve means:

a    a public park, or

b    any land conveyed or transferred to the council under section 340A of the Local Government Act 1919, or

c    any land dedicated or taken to be dedicated as a public reserve under section 340C or 340D of the Local Government Act 1919, or

d    any land dedicated or taken to be dedicated under section 49 or 50, or

e    any land vested in the council, and declared to be a public reserve, under section 37AAA of the Crown Lands Consolidation Act 1913, or

f     any land vested in the council, and declared to be a public reserve, under section 76 of the Crown Lands Act 1989, or

g    a Crown reserve that is dedicated or reserved:

i     for public recreation or for a public cemetery, or

ii    for a purpose that is declared to be a purpose that falls within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Lands Act 1989,

      being a Crown reserve in respect of which a council has been appointed as manager of a reserve trust for the reserve or for which no reserve trust has been established, or

h    land declared to be a public reserve and placed under the control of a council under section 52 of the State Roads Act 1986, or

i     land dedicated as a public reserve and placed under the control of a council under section 159 of the Roads Act 1993,

and includes a public reserve of which a council has the control under section 344 of the Local Government Act 1919 or section 48, but does not include a common.

 

 

rural land, in Division 2 of Part 8 of Chapter 15, means:

a    a parcel of rateable land which is valued as one assessment and exceeds 8,000 squarem in area and which is wholly or mainly used for the time being by the occupier for carrying on one or more of the businesses or industries of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind or forestry, or

b    an area which is wholly or mainly used for aquaculture within the meaning of the Fisheries Management Act 1994.

 

rural-residential land means land that:

a    is the site of a dwelling, and

b    is not less than 2 hectares and not more than 40 hectares in area, and

c    is either:

i     not zoned or otherwise designated for use under an environmental planning instrument, or

ii    zoned or otherwise designated for use under such an instrument for non-urban purposes, and

d    does not have a significant and substantial commercial purpose or character.

 

waste means:

a    effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or

b    trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or

c    garbage, being all refuse other than trade waste and effluent,

and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997, and a substance is not precluded from being waste merely because it is capable of being refined or recycled.

 

 

  


General Purpose Committee

14 January 2009

Director of Engineering Services Report

ITEM 10.1    SF1031            140109         Policy Review - Waste Collection Service - Availability Conditions

 

AUTHOR/ENQUIRIES:     Simon Chapman, Waste Management Officer         

 

Summary:

 

The existing policy adopted in 2005 has been modified as follows:

 

·           A new clause 3.4 which allows properties on the collection route that are deemed unsafe (traffic issues) to be charged the lower rate of “tip” provision

 

·           The addition of three new routes to the collection run

 

·           Allowing the General Manager to authorise future extensions to the waste collection routes

 

 

Recommendation:

 

That Council adopt the amended Policy for Waste Collection Services – Availability Conditions.

 

 

OPTIONS:

 

·           Adopt as recommended

·           Do not change fully or partly

 

 

DISCUSSION:

 

The 2005 policy was put in place as part of change to the Regional Waste Service and to define the compulsory service areas.

 

Since then it has been identified that an extra exemption clause (No 3.4) is necessary to allow a lower charge to be raised where a property is on the route but cannot be serviced because the collection area is too dangerous for traffic reasons.  The clause is renumbered as 4.3.4 in the new policy.

 

The current policy also requires the consent of Council to expand or add new collection routes.  This is an operational decision based on economics and customer requests and should rest with the General Manager not Council.

 

Three new locations have been added to the collection routes to bring it up to date before the adoption of the revised policy.

 

 

CONSULTATION:

 

Director Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The extension of the waste collection route ensures greater re-use of waste rather than on-farm disposal.


 

Social

 

Meets customer requirements.

 

Economic

 

The slight loss of income from properties with un-safe collection points is offset by customer satisfaction because of the lower charge.

 

Risk

 

No significant change.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No changes sought.

 

Source of fund and any variance to working funds

 

No funds sought.

 

Attachments:

1View

32471/2008 - AMENDED POLICY - Waste Collection Service Availability Conditions

 

2View

11463/2007 - POLICY - Waste Collection Service - Availability Conditions - ORIGINAL

 

 

 


General Purpose Committee - 14 January 2009

Policy Review - Waste Collection Service - Availability Conditions

Attachment 1

32471/2008 - AMENDED POLICY - Waste Collection Service Availability Conditions

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

WASTE COLLECTION SERVICE

AVAILABILITY CONDITIONS

 

 

 

Responsibility:  ENGINEERING SERVICES

 

 

Adopted: 18 August 2005 (067,068,069)     

Last reviewed by Council:

Last reviewed by General Manager: 

 

 

 

1.0     Policy objective

          To define the compulsory waste collection area, the means of exemption, and modifications to the routes.

 

2.0     Related legislation

            Local Government Act.

 

3.0       Definitions

 

4.0     Policy statement

 

4.1     COMPULSORY SERVICE

 

A kerbside collection service is provided as a compulsory service to properties on defined routes as follows:

 

4.1.1  All Residential—Urban allotments

4.1.2  All Residential or Rural and Residential-Village/Estate allotments on the collection route

4.1.3  Access includes a right of carriageway as well as abutting the road reserve

 

4.2     OPTIONAL SERVICE

 

A kerbside collection service is provided as an optional service to Farmland as follows:

 

4.2.1  The Farmland is on the collection route and elects to receive a waste collection service.

4.2.2    The Farmland property is not on the route but is prepared to deliver the bins to a satisfactory collection point on the route.

4.2.3    Only the owner of the land can request Council to provide a waste collection services as the charge is included on the waste notice.

4.2.4    The minimum period of receiving an optional waste service is a pro rata date to 30 June of the year of the request, plus a full twelve (12) months. 

For example:  A request in April requires minimum period of 2 months to June then the next 12 months to June.

 

4.3     SPECIAL CIRCUMSTANCES

 

4.3.1    Properties under Clause 1.2 above can seek exemption from the General Manager.  The request will be assessed against a set of criteria.  Properties less than 10 hectares and houses less than 200 metres from the road will not be considered.

4.3.2    A building that has been destroyed by an accidental fire can be recategorised as Vacant Land and the lower charge applies within a budget year provided the owner advises Council and returns the mobile bins (whole or damaged).

2

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

4.3.3    A building that has been demolished for redevelopment is not eligible for recategorisation during a budget year.  A long term vacancy can be converted to the Vacant Land rate provided the owner provides details to Council.

4.3.4    Due to the location of some properties on blind corners, narrow widths and the traffic flow on the Pacific Highway, the collection contractor is unable to render the service in a safe manner due to the truck not being completely off the road therefore creating a potential dangerous situation for all road users.  Since the service cannot be rendered it would be unfair to charge the property owners the full domestic waste charge or a vacant rate as the service is not available.  The property will have the tip provision charge applied rather than the full rate.

 

4.5     OTHER

 

4.5.1    Designated routes may be extended or new ones added by the General Manager.

 

The current routes are:

 

4.5.2    All urban streets in Valla Beach, Bowraville, Nambucca Heads, Hyland Park, Macksville and Scotts Head

 

4.5.3  Pacific Highway—Nambucca Heads to Macksville

          Nambucca Heads to Valla Beach

            Macksville to Eungai Rail

 

4.5.4                        Valla

Auld Close

Bale Close

Broughams Road

Burkes Lane

Eastwest Road

Foxs Road

Fuertue Close

Logans Road

Mitchells Road to intersection Valla Road

Morning Side Drive

Priory Parade

Sharwill Drive

Sullivans Road

Valla Road to intersection Mitchells Road

Zuanto Close

 

4.5.6                        Bowraville

Bellingen Road approx 1 km passed intersection Paulowina place

Gumbayngirr Road

Hillview Drive

Kingfisher Lane

Paulowina Place

Smiths Lane

Wilson Road

 

4.5.7                        Wirrimbi

Iron Bark Road

Rodeo Drive

Wirrimbi Road

 

3

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

4.5.8                        Newee Creek

Hopewood Crescent

Irvines Road

Newee Creek Road to intersection Richards Road

Pade Crescent

Soldiers Settlers Road to intersection Birds Road

Wirrimbi Road

 

4.5.9                        Nambucca Heads

Alfred Close

Charles Place

Florence Wilmont Drive

Kimberley Grove

Old Coast Road

 

4.5.10                      Macksville

Nursery Road

Wedgewood Drive

Bald Hill Road

Preston Drive

Axels Road

Letitia Road

Mattick Road

Harrimans Lane

 

4.5.11                      Gumma

Acacia Road

Barnetts Road

Boulton Close

Boultons Crossing Road

Fig Tree Road

Gumma Road

Lilly Pilly Lane

Waterford Drive

 

4.5.12                      Scotts Head

Cookies Lane

Grassy Head Road

Hakea Road

 

4.1.13                      Donnellyville

Albert Drive

O'Dells Road

 

4.5.14                      Warrell Creek

Rosewood Road

Upper Warrell Creek Road

 

4.5.15                      Allgomera

Allgomera Road approx 1 km passed intersection Currawong Road

Currawong Road

Eleanora Place

Pademelon Place

 

4

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

4.5.16                      Eungai Creek

Aldertons Road

Cemetery Road

Eungai Creek Road

Hall Road

Little Tamban Road

Moores Lane

Tamban Road approx 2 km passed intersection Moores Lane

 

4.5.17                      Eungai Rail

Kesbys Road

South Bank Road to intersection Jones Road

South Bank Road approx 3 km passed intersection Kesbys Road

 

 

4.5.18                      Congarinni

Congarinni Road South approx 2 km to end of seal

Congarinni Road North (from the intersection of Taylors Arm Road to Congarinni Road)

 

4.5.19                      Talarm

Talarm Road approx 6 km to end of seal

Taylors Arm Road

Peppertree Grove

Coronation Drive

 

4.5.20                      Utungun

Boat Harbour Road

Taylors Arm Road to intersection Boat Harbour Road

 

4.5.21                      Yarranbella

Boat Harbour Road

Taylors Arm Road to intersection Boat Harbour Road

 

4.5.21                      Taylors Arm

Taylors Arm Road

 

4.5.22                      Upper Taylors Arm

Taylors Arm Road up to the school

 

5.0     History

 

5.1     The following resolutions were passed by Council on 18 August 2005 in support of this policy:

 

RECOMMENDATION:  On the motion of Cr Flack seconded Cr Moran that Council make and levy full annual waste management charges for each parcel of rateable land categorised Residential—Rural; and Residential Village/Estate;  where domestic waste collection service is available to each individual property; such availability to be subject to the General Manager's determination in terms of accessibility with reference to adjoining the collection route by direct access or by a right of carriageway.

 

RECOMMENDATIONA On the motion of Cr Hoban seconded Cr Ainsworth that Council permit a full annual waste management charge for each parcel of rateable land categorised Farmland when that property participates voluntarily in the domestic waste collection service with a minimum time up to 30 June charged pro rata in the year of commencement plus the next 12 months of the following budget year ie twelve months notice will be required where it is desired to cease participation in the service.

 

5

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

 

RECOMMENDATIONB On the motion of Cr Hoban seconded Cr Ainsworth that Council permit rateable land that is n to on the domestic collection route but in close proximity and is prepared to deliver bins to a satisfactory collection point on the route to receive a full waste service for minimum time up to 30 June charged pro rata in the year of commencement plus the next 121 months of the following budget year ie twelve months notice will be required where it is desire to cease participation in the service.

 

RECOMMENDATIONA On the motion of Cr Hoban seconded Cr Nash that properties where the building has been destroyed by fire can be considered as vacant and the lower charge applied on a pro rata basis once the mobile garbage bins (MGB's) are returned to Council.

 

RECOMMENDATIONB On the motion of Cr Hoban seconded Cr Nash that the properties where the building has been demolished for redevelopment will remain at the full waste management service for the remainder of the budget year;  the vacant land rate can be applied in the new budget if the circumstances remain relevant.

 

The inclusion of clause 3.4 and authorising the General Manager to extend the routes was added on the 5 February 2008.

 

 

 

 

 

 


General Purpose Committee - 14 January 2009

Policy Review - Waste Collection Service - Availability Conditions

Attachment 2

11463/2007 - POLICY - Waste Collection Service - Availability Conditions - ORIGINAL

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

WASTE COLLECTION SERVICE

AVAILABILITY CONDITIONS

 

 

 

Responsibility:  ENGINEERING SERVICES

 

 

Adopted: 18 August 2005 (067,068,069)     

Last reviewed by Council:

Last reviewed by General Manager: 

 

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

4.1     COMPULSORY SERVICE

 

A kerbside collection service is provided as a compulsory service to properties on defined routes as follows:

 

4.1.1  All Residential—Urban allotments

4.1.2  All Residential or Rural and Residential-Village/Estate allotments on the collection route

4.1.3  Access includes a right of carriageway as well as abutting the road reserve

 

4.2     OPTIONAL SERVICE

 

A kerbside collection service is provided as an optional service to Farmland as follows:

 

4.2.1  The Farmland is on the collection route and elects to receive a waste collection service.

4.2.2    The Farmland property is not on the route but is prepared to deliver the bins to a satisfactory collection point on the route.

4.2.3    Only the owner of the land can request Council to provide a waste collection services as the charge is included on the waste notice.

4.2.4    The minimum period of receiving an optional waste service is a pro rata date to 30 June of the year of the request, plus a full twelve (12) months. 

For example:  A request in April requires minimum period of 2 months to June then the next 12 months to June.

 

4.3     SPECIAL CIRCUMSTANCES

 

4.3.1    Properties under Clause 1.2 above can seek exemption from the General Manager.  The request will be assessed against a set of criteria.  Properties less than 10 hectares and houses less than 200 metres from the road will not be considered.

4.3.2    A building that has been destroyed by an accidental fire can be recategorised as Vacant Land and the lower charge applies within a budget year provided the owner advises Council and returns the mobile bins (whole or damaged).

4.3.3    A building that has been demolished for redevelopment is not eligible for recategorisation during a budget year.  A long term vacancy can be converted to the Vacant Land rate provided the owner provides details to Council. 

2

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

4.5     OTHER

 

4.5.1  Designated routes may be extended or new ones added by resolution of Council.

 

The current routes are:

 

4.5.2    All urban streets in Valla Beach, Bowraville, Nambucca Heads, Hyland Park, Macksville and Scotts Head

 

4.5.3         Pacific Highway—Nambucca Heads to Macksville

                                Nambucca Heads to Valla Beach

                                Macksville to Eungai Rail

4.5.4         Valla

Auld Close

Bale Close

Broughams Road

Burkes Lane

Eastwest Road

Foxs Road

Fuertue Close

Logans Road

Mitchells Road to intersection Valla Road

Morning Side Drive

Priory Parade

Sharwill Drive

Sullivans Road

Valla Road to intersection Mitchells Road

Zuanto Close

 

4.5.6         Bowraville

Bellingen Road approx 1 km passed intersection Paulowina place

Gumbayngirr Road

Hillview Drive

Kingfisher Lane

Paulowina Place

Smiths Lane

Wilson Road

 

4.5.7         Wirrimbi

Iron Bark Road

Rodeo Drive

Wirrimbi Road

 

4.5.8         Newee Creek

Hopewood Crescent

Irvines Road

Newee Creek Road to intersection Richards Road

Pade Crescent

Soldiers Settlers Road to intersection Birds Road

Wirrimbi Road

 

4.5.9         Nambucca Heads

Alfred Close

Charles Place

Florence Wilmont Drive

Kimberley Grove

Old Coast Road

3

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

 

4.5.10       Macksville

Nursery Road

Wedgewood Drive

Bald Hill Road

Preston Drive

Axels Road

Letitia Road

Mattick Road

Harrimans Lane

 

4.5.11       Gumma

Acacia Road

Barnetts Road

Boulton Close

Boultons Crossing Road

Fig Tree Road

Gumma Road

Lilly Pilly Lane

Waterford Drive

 

4.5.12       Scotts Head

Cookies Lane

Grassy Head Road

Hakea Road

 

4.1.13       Donnellyville

Albert Drive

O'Dells Road

 

4.5.14       Warrell Creek

Rosewood Road

Upper Warrell Creek Road

 

4.5.15       Allgomera

Allgomera Road approx 1 km passed intersection Currawong Road

Currawong Road

Eleanora Place

Pademelon Place

 

4.5.16       Eungai Creek

Aldertons Road

Cemetery Road

Eungai Creek Road

Hall Road

Little Tamban Road

Moores Lane

Tamban Road approx 2 km passed intersection Moores Lane

 

4.5.17       Eungai Rail

Kesbys Road

South Bank Road to intersection Jones Road

South Bank Road approx 3 km passed intersection Kesbys Road

 

4

WASTE COLLECTION SERVICE—AVAILABILITY CONDITIONS

 

 

4.5.18       Congarinni

Congarinni Road South approx 2 km to end of seal

 

4.5.19       Talarm

Talarm Road approx 6 km to end of seal

Taylors Arm Road

 

4.5.20       Utungun

Boat Harbour Road

Taylors Arm Road to intersection Boat Harbour Road

 

4.5.21       Yarranbella

Boat Harbour Road

Taylors Arm Road to intersection Boat Harbour Road

 

4.5.21       Taylors Arm

Taylors Arm Road

 

          4.5.22         Upper Taylors Arm

Taylors Arm Road up to the school

 

5.0     History

 

The following resolutions were passed by Council on 18 August 2005 in support of this policy:

 

RECOMMENDATION:  On the motion of Cr Flack seconded Cr Moran that Council make and levy full annual waste management charges for each parcel of rateable land categorised Residential—Rural; and Residential Village/Estate;  where domestic waste collection service is available to each individual property; such availability to be subject to the General Manager's determination in terms of accessibility with reference to adjoining the collection route by direct access or by a right of carriageway.

 

RECOMMENDATIONA On the motion of Cr Hoban seconded Cr Ainsworth that Council permit a full annual waste management charge for each parcel of rateable land categorised Farmland when that property participates voluntarily in the domestic waste collection service with a minimum time up to 30 June charged pro rata in the year of commencement plus the next 12 months of the following budget year ie twelve months notice will be required where it is desired to cease participation in the service.

 

RECOMMENDATIONB On the motion of Cr Hoban seconded Cr Ainsworth that Council permit rateable land that is n to on the domestic collection route but in close proximity and is prepared to deliver bins to a satisfactory collection point on the route to receive a full waste service for minimum time up to 30 June charged pro rata in the year of commencement plus the next 121 months of the following budget year ie twelve months notice will be required where it is desire to cease participation in the service.

 

RECOMMENDATIONA On the motion of Cr Hoban seconded Cr Nash that properties where the building has been destroyed by fire can be considered as vacant and the lower charge applied on a pro rata basis once the mobile garbage bins (MGB's) are returned to Council.

 

RECOMMENDATIONB On the motion of Cr Hoban seconded Cr Nash that the properties where the building has been demolished for redevelopment will remain at the full waste management service for the remainder of the budget year;  the vacant land rate can be applied in the new budget if the circumstances remain relevant.

 

 

 


General Purpose Committee

14 January 2009

Director of Engineering Services Report

ITEM 10.2      SF1031            140109         Policy Review - Public Gates and Motor Bypass (Grids)

 

AUTHOR/ENQUIRIES:        Bruce Redman, Director Engineering Services         

 

Summary:

 

The draft policy has been prepared reflecting the resolutions adopted by Council on the 17 July 2008.  A copy of the old and new policies are attached.

 

This policy was placed before Council on the 27 August 2008 and deferred until after the Local Government Elections.

 

 

Recommendation:

 

That Council adopt the revised Public Grates and Motor Bypass (Grids) Policy.

 

 

OPTIONS:

 

·           Adopt draft

·           Modify

 

 

DISCUSSION:

 

On the 17 July 2008, Council resolved as follows:

 

1        That Council not approve the installation of new cattle ramps on public roads.

 

2        That the current owners of all cattle grids be contacted and be given six months to upgrade the cattle grids to a safe standard – if not they will be instructed to remove them and fence their property.

 

3        That Council review the policy on Cattle Grids and fencing.

 

It has been necessary to review the policy first to define what is meant by “a safe standard” so that this message is contained within the letter to land owners with ramps.

 

The new policy refects the statement that no new public gates or grids will be permitted (4.2) and define the requirements for the gates and grids to remain in place after the six months notification.

 

On the 27 August 2008 Council considered this report but due to the imminent Local Government elections resolved to defer it until after September 2008.

 

 

CONSULTATION:

 

Council on 17 July 2008.

Delegation at that meeting by Mr John Moore.

Council on 27 August 2008.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The lack of roadside fencing associated with ramps allows cattle access to the road corridor as well as the private property with an impact on vegetation and ground damage.

 

Social

 

Neighbouring properties or regular road users must slow down for the cattle grids and the cattle.  The use of the roadside is seen as a negative by some.

 

Economic

 

The removal of the cattle grids will require landowners to pay for roadside fencing.  In many cases grids were installed because they were the cheaper option.  This may no longer be the case with the increasing cost of steel.

 

Risk

 

There is a greater risk of a vehicle accident with cattle on the road.  There is an increased risk of vehicle damage from the grid and from cattle manure.

 

The landholder may not be in a financial position to have the fencing carried out.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council costs will be associated with the notification and the responses initially.

 

If Council has to remove the ramps and seek reimbursement there will be costs.

 

Source of fund and any variance to working funds

 

Funds may be required after 31 March 2009 to remove unsafe ramps.

 

Attachments:

1View

18220/2008 - Draft - Policy - Roads - General Erection of Public Gates and Motor Bypass (Grids)

2 Pages

2View

25338/2007 - POLICY - Roads - General - Erection of Public Gates and Motor Bypass (Grids)

1 Page

 

 


General Purpose Committee - 14 January 2009

Policy Review - Public Gates and Motor Bypass (Grids)

Attachment 1

18220/2008 - Draft - Policy - Roads - General Erection of Public Gates and Motor Bypass (Grids)

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

ROADS – GENERAL

ERECTION OF PUBLIC GATES

AND MOTOR BYPASS (GRIDS)

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted:  20 FEBRUARY 1997 (028)

Last reviewed:  17 NOVEMBER 2005 (075)

15 JANUARY 2009

 

 

 

1.0       Policy objective

 

1.1       The safe and unimpeded access along a road is reduced by the presence of public gates and motor bypass.  To improve the situation Council will not allow new ones to be constructed and installed and requires that existing ones are upgraded and thereafter remain maintained and insured by the landowner.

 

 

2.0       Related legislation

 

Roads Act 1993, Division 2 Public Gates, Clauses 128 to 137

 

 

3.0       Definitions

 

Motor Bypass – A combination of a gate and a grid in lieu of roadside fencing.

 

 

4.0       Policy statement

 

4.1       No new public gates or grids will be permitted to be erected on public roads controlled by Council.

 

4.2       Existing ramps as identified in the register (August 2008) may only remain in place if they are maintained to an acceptable level by the landowner.  The acceptable standard being:

 

a)   Ramp strengthened to carry a T44 traffic loading

b)   Erection and maintenance of sign posting in accordance with Australian Standards

c)   Clear width of 3.6 metres

d)   Steel construction (Timber will not carry the heavy traffic loads

e)   No damage evident to grid rails

f)    Regularly cleared and free of silt

g)   Ramp must comply with the Roads Act 1993 – Public Gates

– Notice on gate 75 mm high saying “PUBLIC GATE” and the allocated registration number.

 

4.3       Clause 130 of the Roads Act 1993 allows the Road Authority to revoke a public gate permit and the occupier of the land has one month from the date of the notice to comply.


2

ROADS – GENERAL

ERECTION OF PUBLIC GATES

AND MOTOR BYPASS (GRIDS)

 

 

5.0       History

 

5.1       Council permitted the erection of public gates up to the 17 July 2008.  From that time no new public gates will be permitted.

 

5.2       Existing ramps can only remain in place if maintained to a safe standard.  Failure to comply with this requirement will result in an instruction to remove the gate/ramp, restore the road and to install roadside fencing.

 

5.3       Council expects that existing ramps will have been upgraded by the 30 June 2009.

 

---oo0oo---

 


General Purpose Committee - 14 January 2009

Policy Review - Public Gates and Motor Bypass (Grids)

Attachment 2

25338/2007 - POLICY - Roads - General - Erection of Public Gates and Motor Bypass (Grids)

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

ROADS – GENERAL

ERECTION OF PUBLIC GATES

AND MOTOR BYPASS (GRIDS)

 

 

 

Function:  ENGINEERING SERVICES

 

 

Adopted: 20 FEBRUARY 1997 (028)

Last reviewed: 17 NOVEMBER 2005 (075)

 

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

That applications to install a public gate and motor bypass are to be advertised for public comment prior to presenting a report to Council.

 

Approved public gates and motor bypasses will be subject to common conditions of consent.

 

Note:

 

The installation of a public gate and motor bypass is subject to the following conditions:

 

1        Payment of the fee listed in the Management Plan

 

2        Submission of engineering plans and their acceptance.

 

3        Written undertaking by the applicant to be responsible for all future maintenance of the gate/bypass, immediate road and drainage.  This responsibility passes onto the successor of the title.

 

4        Care taken for pedestrian and vehicular safety both during and after construction

 

5        Clear width of 3.61 metres.

 

6        Public liability insurance to be a level nominated by Council.

 

7        Applicant is responsible for damage to power lines, water mains, road surfaces, etc.

 

8        Erection and maintenance of sign posting to be in accordance with Australian Standards

 

 


General Purpose Committee

14 January 2009

Director of Engineering Services Report

ITEM 10.3    PRF53              140109         River Street, Macksville - Landscaping Riverbank

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

As a result of a Council resolution to seek quotations from landscape designers to upgrade the riverbank there has been consultation with “Joan’s Army”.

 

Their list of suggestions will be viewed onsite.

 

 

Recommendation:

 

That a Masterplan for the landscape design for the riverbank at River Street, Macksville be prepared based on:

 

a)       Removal of the trees near “Big Jims” garden

 

b)       The construction of a top level footpath

 

c)       The extension of the cycleway along the lower level

 

d)       The addition of shade shelters to some of the picnic tables

 

e)       Construction of the viewing wharf.

 

 

OPTIONS:

 

·           Prepare Masterplan as recommended

·           Add or delete items to the Masterplan

·           Not proceed

 

 

DISCUSSION:

 

Council resolved on the 7 August 2008 to seek quotations from landscape designers to prepare in consultation with Joan’s Army, a landscaping Masterplan for the riverfront area from Macksville Traffic Bridge to the public toilets on the corner of the Princess and River Streets.

 

Before seeking quotations it has been necessary to obtain feedback from Joan’s Army on what improvements they saw as desirable.  As a result they were requested to submit written ideas.

 

The “Joan’s Army” volunteers have provided suggestion for the future upgrading of the riverbank area west of the Macksville Bridge.

 

1        Remove all the trees along River Street and replace.  Current trees are messy and cause damage.

 

          DES comment

          The top area is dominated by tree roots making it impossible to construct a concrete path.  The fig trees in “Big Jims” garden are damaging the retaining wall.  You can see that the wall has moved because of the tree roots.

 


2        Concrete a path the full length on the top level from the bridge to the toilets.

 

          DES comment

          If the tree roots remain then the path will be quickly cracked.  It is a dusty area because of these circumstances.  The sections of concrete have table and seats on them which partially blocks pedestrian access.  The whole arrangement will need changing to accommodate a path free of obstructions.

 

3        Construct a cycleway on the lower level that connects up to the ridge underpass and the new work.

 

          DES comment

          It would be necessary to re-rock the riverbank as this has slumped.  The concrete cycleway could also help secure the riverbank.

 

4        A Children Playground on the lower level.

 

          DES comment

          Not recommended, high risk on the waters edge.

 

5        Three or Four shade trees on the bottom levels with tables and chairs.

 

          DES comments

          All have been provided in the past.  Time to revisit and replant.

 

6        Add the other wharf.

 

          DES comments

          The original plan included a viewing wharf on the rivers edge.

 

Not all the suggestions may be acceptable to Council so it is proposed to undertake an inspection of the area.

 

It may also be the opportune time to look broader than the riverbank and consider how River Street and the footpath areas on both sides of the street are developed.

 

 

CONSULTATION:

 

Joan’s Army

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The removal of some of the trees will reduce the vegetation community.

 

Social

 

Improvements are aimed at promoting greater use of the area for recreational use.

 

Economic

 

Extra facilities are likely to generate greater visitor numbers and may increase tourist spending.

 

Risk

 

There will be differences of opinion within the community on changes.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs will be significant but will not be calculated until the components of the Masterplan have been agreed upon.

 

Source of fund and any variance to working funds

 

The project if not funded from Revenue could potentially be part of the next Section 94 Contribution Plan for Recreation and Community Facilities.

 

Attachments:

1View

31527/2008 - Response to make over of Macksville River Bank plans - Joans Army

 

2View

182/2009 - 1992 Masterplan Circularised

 

 

 


General Purpose Committee - 14 January 2009

River Street, Macksville - Landscaping Riverbank

Attachment 1

31527/2008 - Response to make over of Macksville River Bank plans - Joans Army

 


 


General Purpose Committee - 14 January 2009

River Street, Macksville - Landscaping Riverbank

Attachment 2

182/2009 - 1992 Masterplan Circularised

 

 


General Purpose Committee

14 January 2009

Director of Engineering Services Report

ITEM 10.4    SF614              140109         Integrated Water Management Cycle (IWCM)

 

AUTHOR/ENQUIRIES:     Richard Spain, Manager Water and Sewerage         

 

Summary:

 

NSW Water Solutions are preparing in consultation with Council the Integrated Water Cycle Management (IWCM) Plan.

 

It has been some time since the last meeting plus there are new Councillors to brief so a presentation has been arranged to provide an update.  This will be undertaken by Roshan Iyadurai of NSW Water Solutions.

 

Recommendation:

 

That the information provided at the presentation on the Integrated Water Cycle Management (IWCM) Plan be noted.

 

OPTIONS:

Note information.

 

DISCUSSION:

See summary above.

 

CONSULTATION:

 

Roshan Iyadurai

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

IWCM has the aim of minimising new water use and maximising re-use.

 

Social

 

IWCM has the aim of minimising new water use and maximising re-use. 

 

Economic

 

Potential to reduce the Off Stream Storage size or extend the life of the storage.

 

Risk

 

Program links to the provision of the Off Stream Water Storage.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Provided in Budget.

 

Source of fund and any variance to working funds

No additional funds required.

 

Attachments:

There are no attachments for this report.

   

 



* Free lofting is defined as the uncontrolled release of pigeons

* See Greyhound and Harness Racing Regulatory Authority Guidelines for the Greyhound Industry

* Free lofting is defined as the uncontrolled release of pigeons