NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 05 March 2009 COMMENCING AT 5.30 PM

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Lorraine Hemsworth (Minute Secretary)

 

 

PRAYER

 

Reverend David Hanger, Nambucca Heads Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

Ordinary Council Meeting

 

SUBJECT:   DISCLOSURE OF INTEREST

 

Councillor J Court declared a pecuniary interest in Item 10.2 (Report on Draft Consultants Brief - Place Based Study - Matthew Street Scotts Head) under the Local Government Act as she is a property owner overlooking this section of Matthew Street.

 

Councillor R Hoban declared a pecuniary interest in Item 10.9 (DA2009/049      Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc) under the Local Government Act as she has an immediate family member (daughter) who works for a rival supermarket, and left the meeting for this item.

 

Councillor PF Flack declared a pecuniary interest interest in Item 10.9 (DA2009/049 Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc) as she has family member employed in Macksville which may be affected and left the meeting for this item.

 

Councillor A Smyth declared a Non-Pecuniary interest in Item 10.9  (DA2009/049       Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc) under the Local Government Act as:

 

i         She is a voluntary member of the Nambucca Valley Conservation Association who have made a submission in this matter;

ii        She is negotiating a private Real Estate transaction which involves consultation with the Nambucca Local Aboriginal Land Council.

 


 

SUBJECT:   CONFIRMATION OF MINUTES – ORDINARY MEETING OF Council 19 February 2009

1037/09 RESOLVED:       (Moran/Flack)

 

That the minutes of the Ordinary Meeting of Council of 19 February 2009 be confirmed subject to the following:

 

·                Page 2        Cr Smyth advised that at the end of her declaration for Item 9.6 it should read that she left the meeting for this item.

·                Page 2        Correction of previous mintutes Page 14 QWN226/09 was a question from Cr South and not Cr Smyth.

·                Page 7        Item 8.4 – add and be considered at next General Purpose Meeting.

·                Page 8        Item 8.6 – add at the next General Purpose Meeting.

·                Page 2         Correction of previous minutes Page 15 heading to read “Riverbank erosion on bank near Kings Point”.

·                Page 10       Item 9.3 - Cr South did not leave the Chambers

·               Page 3         ii) Mr Macknezie addressed Council with additions to the following:

                             Dot point 4 - add at end of expenditure are incorrect

                            Dot point 7 – add at end of report of Pitney Bowes dated May 08

                             Dot point 9 - add at end of environment in Bowra Street, Nambucca Heads

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.1      SF1269              050309      Notice of Motion - That Nambucca Shire Council Money Managers be terminated

Motion:     (Moran/)

 

That Nambucca Shire Council money managers be terminated.

Lapsed for want of a seconder

 

 

 

 

 


NOTICE OF MOTION – CR Moran OAM

ITEM 5.2      SF1297              050309      Notice of Motion - Bushfire Asset Protection Zones

1038/09 RESOLVED:       (Moran/Ainsworth)

 

That Council make representations to the Department of Environment and Climate Change and the NSW Rural Fire Service to reassess the requirements for bushfire asset protection zones around houses.

 

 

 

 

 

 

 


NOTICE OF MOTION – CR Court

ITEM 5.3      SF1269              050309      Notice of Motion - Request for Report on State Environmental Planning Policy

1039/09 RESOLVED:       (Court/Flack)

 

That the Director of Environment &Planning report to Council on the Shire’s 5.0 metre height areas as shown in the Shirewide Structure Plan, other than Matthew Street Scotts Head, and whether or not there are sufficient reasons for further requests for variation.

 

 

 

 

 


 DELEGATIONS

1040/09 Resolved:       (Ainsworth/Finlayson)

 

That the following delegations be heard:

 

ITEM 10.9    DA2009/049 050309         Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc

 

i)        Luke Mackenzie Objector

ii)       Adrian Hack of Restifa and Partners

ii)       Sam Restifa of Restifa and Partners

 

 

Mayor Hoban and Cr Flack left the meeting for this item the time being 5.45 pm and returned at 6.53 pm following the conclusion of this item.

Deputy Mayor Cr Ainsworth took the Chair

 

i)        Luke Mackenzie Objector

          Mr Mackenzie spoke to a prepared paper.

 

ii)       Adrian Hack

          Mr Hack spoke to a prepared paper.

 

iii)      Sam Restifa

          Mr Restifa spoke to a prepared paper.

 

1041/09 Resolved:       (Finlayson/Smyth)

 

That Mr Restifa be granted an extension of time in which to address Council.

 

 


 

ITEM 10.9    DA2009/049        050309      Further Report - Retail Shopping Centre - Supermarket, Discount Department Store & 31 Speciality Shops, etc

1042/09 RESOLVED:       (Ballangarry/Finlayson)

 

1          That Council grant conditional approval to DA 2009/049 for a Retail Shopping Centre including Supermarket, Discount Department Store and Thirty One (31) Speciality Shops, Advertising Pole Sign and associated Car Parking, subject to conditions of development consent attached to this report.

 

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

 

FOR the Motion were: Councillors Ballangary, Finlayson, South and Ainsworth. Total (4).

AGAINST the Motion were: Councillors Court, Moran and Smyth. Total (3).

Note:  Cr Smyth advised that she is against because she has inadequate independent information to make a decision and Cr Moran advised that he is against because of the inadequate intersection with Bellwood Road and Pacific Highway.

 

Motion:     (Court/South)

 

That the Section 94 Plan for Bellwood area be reviewed as a matter of urgency.

The Motion was LOST.

 

1043/09 Resolved:       (Ainsworth/Court)

 

That the Roads and Traffic Authority be requested to revise the speed limit along Pacific Highway at Bellwood to 50 km/hr.

 

 

 

 


6.53 pm Mayor Deputy Mayor Cr Ainsworth vacated the Chair and Mayor Hoban resumed the Chair.

 

General Manager Report

ITEM 9.1      SF959                050309      Outstanding Actions and Reports March 2009

1044/09 RESOLVED:       (Moran/Ballangarry)

 

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

 

 

 

 

 

 

 

 


ITEM 9.2      SF706                050309      Grant Application Status Report - 5 March 2009

1045/09 RESOLVED:       (Flack/Moran)

 

That the list of grant programs and their status to 5 March 2009 be received.

 

 

 

 


ITEM 9.3      SF1293              050309      Finance Committee Meeting - 29 January 2009

1046/09 RESOLVED:       (Flack/Ainsworth)

 

That Council adopt the Minutes of the Committee Meeting held on 29 January 2009.

 

 

 

 


ITEM 9.4      SF342                050309      Valla Beach Tennis Club Inc Committee of Management - Annual General Meeting - 15 February 2009

1047/09 RESOLVED:       (Moran/Ainsworth)

 

1        That Council endorse the Committee of Management for the Valla Beach Tennis Club Inc and thank the outgoing Committee for their work in 2007/2008.

 

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

 

 

 

 


ITEM 9.5      SF35                  050309      Delegation of Authority - General Manager

Motion:     (Moran/Ainsworth)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment.

 

Amendment:       (Flack/Smyth)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment be deferred to the General Purpose Meeting for further discussion.

 

The Amendment became the Motion and was:

 

1048/09 Resolved:       (Flack/Smyth)

 

That Council delegate authority to the General Manager to perform functions in accordance with the list in the attachment be deferred to the General Purpose Meeting for further discussion.

 

 

 

 

 


Director Environment and Planning Report

ITEM 10.1    SF135                050309      State of the Environment Program for 2008/2009

1049/09 RESOLVED:       (Moran/Flack)

 

1          That Council note and endorse the proposed program for the preparation of the Comprehensive 2008/2009 State of the Environment Report.

 

2                     That Council note that a draft budget request of $5,100 has been included in the draft 2009/2010 budget for Council consideration.

 

1050/09 Resolved:       (Flack/Smyth)

 

That Council receive a breakdown and explanation of the $9,000 so that it maybe considered in the 2009/2010 draft budget.

 

 

 

 


Cr Court left the meeting for this item the time being 7.10 pm and returned at 7.25 pm following the conclusion of this item.

 

ITEM 10.2    SF669                050309      Report on Draft Consultants Brief - Place Based Study - Matthew Street Scotts Head

Motion:     (South/Finlayson)

 

That Council endorse the Consultants Brief for the preparation of a Place Based Management Plan for the north eastern side of Matthews Street and subject to any identified amendments, and quotations be sought in accordance with Council’s Procurement Policy.

 

With amendments by Director Environment and Planning which include:

 

2        BACKGROUND

 

Additional 2 paragraphs

 

Council has had in place for many years a Development Control Plan which has identified height controls through the shire and specifically Matthew Street Scotts Head, which are to be read in conjunction with Council’s principal planning instrument currently Nambucca Local Environmental Plan 1995.

 

Whilst the DCP has generally been applied consistently over the years its interpretation as to whether it is a strict 5m height limit or whether a building may extend to 8m in height in some instances.

Council has had in place for many years a Development Control Plan which has identified height controls through the shire and specifically Matthew Street Scotts Head, which are to be read in conjunction with Council’s principal planning instrument currently Nambucca Local Environmental Plan 1995.

 

Whilst the DCP has generally been applied consistently over the years its interpretation as to whether it is a strict 5m height limit or whether a building may extend to 8m in height in some instances.

 

Paragraph 3 and 4 amended to read as:

A report was presented to Council when it resolved “That the application be refused as it does not comply with the DCP.”

 

The applicant subsequently appealed, and the appeal was upheld by the Land & Environment Court. Council at its meeting on the 6 November 2008 which permitted the proposed building to exceed the 5m height limit.

 

 

3        PROJECT

 

The following to be added to the end of Dot Point 2:

 

Review of DCP 3 (Sutherland Koshy report), and the relevant Development Application reports and the Land and Environment Court hearing in regard to 18A Matthew Street.

 

 

4        OUTCOME

 

First paragraph to read as:

The strategy should focus on a place-based planning approach. It is expected that the strategy will identify building envelopes to ensure a practical development pattern and a desirable built character that can be achieved in the locality providing for view corridors and view sharing. The strategy will need to ensure that use of the foreshore public open space areas are not compromised.

 

 

Amendment:       (Flack/Smyth)

 

To add

1        An amendment to the background information to include reference to strong community desire to keep the 5 metre limit.

 

The Amendment was LOST.

 

 

Amendment:       (Flack/Smyth)

 

That the Brief be amended to include in the Project Tasks section the following:

 

·                A Community workshop is to be conducted whilst draft is on exhibition.

 

The Amendment was LOST.

 

 

1051/09 Resolved:       (South/Finlayson)

 

That Council endorse the Consultants Brief for the preparation of a Place Based Management Plan for the north eastern side of Matthews Street and subject to any identified amendments, and quotations be sought in accordance with Council’s Procurement Policy.

 

With amendments by Director Environment and Planning which include:

 

2        BACKGROUND

 

Additional 2 paragraphs

 

Council has had in place for many years a Development Control Plan which has identified height controls through the shire and specifically Matthew Street Scotts Head, which are to be read in conjunction with Council’s principal planning instrument currently Nambucca Local Environmental Plan 1995.

 

Whilst the DCP has generally been applied consistently over the years its interpretation as to whether it is a strict 5m height limit or whether a building may extend to 8m in height in some instances.

 

Council has had in place for many years a Development Control Plan which has identified height controls through the shire and specifically Matthew Street Scotts Head, which are to be read in conjunction with Council’s principal planning instrument currently Nambucca Local Environmental Plan 1995.

 

Whilst the DCP has generally been applied consistently over the years its interpretation as to whether it is a strict 5m height limit or whether a building may extend to 8m in height in some instances.

 

Paragraph 3 and 4 amended to read as:

A report was presented to Council when it resolved “That the application be refused as it does not comply with the DCP.”

 

The applicant subsequently appealed, and the appeal was upheld by the Land & Environment Court. Council at its meeting on the 6 November 2008 which permitted the proposed building to exceed the 5m height limit.

 

 

3        PROJECT

 

The following to be added to the end of Dot Point 2:

Review of DCP 3 (Sutherland Koshy report), and the relevant Development Application reports and the Land and Environment Court hearing in regard to 18A Matthew Street.

 

 

4        OUTCOME

 

First paragraph to read as:

 

The strategy should focus on a place-based planning approach. It is expected that the strategy will identify building envelopes to ensure a practical development pattern and a desirable built character that can be achieved in the locality providing for view corridors and view sharing. The strategy will need to ensure that use of the foreshore public open space areas are not compromised.

 

 

 

 


ITEM 10.3    DA2009/061        050309      Report on Change of Use to Medical Centre - 42 Bowra Street, Nambucca Heads

1052/09 RESOLVED:       (Moran/South)

 

1        That Council relax its requirements for Off Street Parking as outlined in Development Control Plan No 1 – Off-street Parking for this redevelopment as sufficient car park spaces are available in the immediate location and unlikely to cause traffic/parking congestion.

 

2          That development consent for development application DA 2009/061 be granted subject to the conditions of consent attached to this report.

 

1053/09 Resolved:       (Hoban/Flack)

 

That Council review the Carparking Section 94 plan for Nambucca Heads.

 

 

 


ITEM 10.4    SF30                  050309      Report on Minutes of the Clarence Regional Library Committee of Management Meeting Held 6 February 2009

1054/09 RESOLVED:       (Flack/Smyth)

 

That minutes of the Clarence Regional Library Committee of Management meeting which was held on Friday 6 February 2009, be noted and that a copy of the Financal Statement made available at the meeting be provided to the Councillors.

 

 

 


The meeting adjourned at 7.30 pm and recommenced at 7.57 pm.

 

 

 


ITEM 10.5    SF1261              050309      Outstanding DA's >12 months old & applications where submissions received & not determined - 24 Feb 2009

1055/09 RESOLVED:       (Court/Ballangarry)

 

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

 

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

 

 

 

 


ITEM 10.6    DA2005/236        050309      Report re Modification of Consent for Industrial Building Additions and Demountable Office (Kara Kar)

1056/09 RESOLVED:       (Moran/Ainsworth)

 

1          Council resolve to delete Conditions No 2 and 3 of Development Consent 2005/236.

 

2          Council resolve to impose an additional condition to Development Consent 2005/236 stipulating that the Industrial Building Additions are approved for use as storage only and that the use of the building for production or any purpose other than storage will require the approval of Council and the likely requirement for upgrading of the Fox’s Road – Pacific Highway intersection.

 

 

 

 

 

 


 


ITEM 10.7    SF982                050309      Report on  Ranger Activites November 2008 - February 2009

Motion:     (Moran/Court)

 

That Council consider the provision of additional funding for one extra day and a 4 wheel drive utility for the Ranger position in the Draft 2009/2010 budget.  The utility would not have any private use agreement and would be based at the Depot.

 

Amendment:       (Moran/Ainsworth)

 

That a report come forward on the Income and Expenditure in regards to the Ranger when the draft budget for 2009/2010 is considered.

The Amendment became the Motion and was:

 

1057/09 Resolved:       (Moran/Ainsworth)

 

That a report come forward on the Income and Expenditure in regards to the Ranger when the draft budget for 2009/2010 is considered.

 

 

 


ITEM 10.8    SF1173              050309      Report on Changes to Section 149 Certificates due to the SEPP (Exempt and Complying Development Codes) 2008

1058/09 RESOLVED:       (Court/Flack)

 

That Council note the new administrative requirements due to the new SEPP (Exempt and Complying Development Codes) 2008 and the fees to be charged for adjoining landowner notification and planning certificates seeking confirmation whether Complying Development is permissible on a parcel of land.

 

 

 


10.9 was dealth with under Delegations.

 

 

 



Director Engineering Services Report

ITEM 11.1    SF263                050309      Review of DCP17 South Macksville Release Area - Bicycle and Pedestrian Paths

Motion:     (Court/Flack)

 

1        That DCP17 be amended as follows:

 

            1.1   Clause 2.4 to show a reduced paved pedestrian link of 1.2 metres rather than 2.5 metres.

 

            1.2   Map 4 be replaced with Map 4a with the defined bicycle routes the same as the Collection Road network and all other paths reverting to 1.2 metres wide pedestrian link.

 

2          That the proposed amendments be exhibited as required and a report be prepared and presented to Council following the exhibition period.

 

Amendment:       (Court/Flack)

 

1        That DCP17 be amended as follows:

 

            1.1   Clause 2.4 to show a reduced paved pedestrian link of 1.2 metres rather than 2.5 metres.

 

            1.2   Map 4 be replaced with Map 4a with the defined bicycle routes the same as the Collection Road network and all other paths reverting to 1.2 metres wide pedestrian link.

 

2       That the proposed amendments be exhibited as required and a report be prepared and presented to Council following the exhibition period.

 

3        Amendment to Map 4a to provide a cycleway parallel to Upper Warrell Creek Road and whilst on exhibition that Councillors submit comments to the Director Engineering Services.

The Amendment became the Motion and was:

 

1059/09 Resolved:       (Court/Flack)

 

1        That DCP17 be amended as follows:

 

            1.1   Clause 2.4 to show a reduced paved pedestrian link of 1.2 metres rather than 2.5 metres.

 

            1.2   Map 4 be replaced with Map 4a with the defined bicycle routes the same as the Collection Road network and all other paths reverting to 1.2 metres wide pedestrian link.

 

2       That the proposed amendments be exhibited as required and a report be prepared and presented to Council following the exhibition period.

 

3        Amendment to Map 4a to provide a cycleway parallel to Upper Warrell Creek Road and whilst on exhibition that Councillors submit comments to the Director Engineering Services.

 

 

 

 

 

 

 


Director Engineering Services Report - LATE

ITEM 11.2    SF722                050309      Natural Disaster - Floods

14 to 20 February 2009

1060/09 RESOLVED:       (Flack/Smyth)

 

That Council note the report, impact and cost of the Flood Damage of the 14 to 20 February 2009.

 

 

 


     

ASKING OF QUESTIONS WITHOUT NOTICE

 

QWN238/09 - Cr. Janet Court - Waratah Street Stormwater Drainage (Ref SF1297)

Cr Court enquired if the stormwater damage is considered under general flooding coming off public land onto private land namely in Warathah Street, Nambucca Heads.

 

The Director Engineering Services advised that Disaster funding is only to restore what was there before the disaster.

 

 

 

QWN239/09 - Cr. Michael Moran - Scotts Head Master Plan (Ref SF1297)

Cr Moran enquired as to what is happening with the Scotts Head Master Plan.

 

The Director Engineering Services advised that the closing date for submission was last Friday 27 February 2009 and that the Department of Lands in Taree will process these submissions.

 

 

 

QWN240/09 - Cr. Michael Moran - Import of Phillipine Bananas (Ref SF1297)

Cr Moran enquired as to what is happening in regards to the bananas being imported from the Phillipines.

 

1061/09 Resolved:       (Moran/Ainsworth)

 

That a letter of protest as a matter of urgency be forwarded to the Minister for Agriculture regarding the concerns in relation to the potential for diseases of bananas to be imported from the Phillipines and request that AQUIS do testing at point of entry.

 

 

 

QWN241/09 - Cr. Michael Moran - 1 Metre Strip Mowing on Road Verges (Ref SF1297)

Cr Moran stated that he has received critisim in relation to the 1 metre stip mowing on road verges.

 

The Director Engineering Services advised that he has received several complaints and that a petition came in and that further information will be provided in relation to this mater.

 

 


 

QWN242/09 - Cr. Michael Moran - Flood damage on Proctors Road (Ref SF1297)

Cr Moran advised that he received a letter from Peter Whittingham regarding flood damage on Proctors Road and will forward a copy to the Director Engineering Services.

 

 

 

QWN243/09 - Cr. Michael Moran – Water Reform (Ref SF1297)

Cr Moran enquired about the Water Reform as a letter has been received from the Kempsey Shire Council.

 

Mayor Hoban advised that at a MIDGOC Meeting hosted by Nambucca Shire Council last Friday 27 February 2009 that there was general support from MIDGOC members in regards to a resolution regarding the inquiry into Secure and Sustainable Urban Water Supply and Sewerage Services for non Metropolitan NSW.

 

 

QWN244/09 - Cr. Rhonda Hoban – Rural Residential and Draft LEP hearing in Sydney – 4 March 2009 (Ref SF1297)

Mayor Hoban advised that she and the Director Environment and Planning met with the Minister for Planning Kristina Keneally in Sydney 4 March 2009 regarding Council’s request to include an R5 Zone over all the Rural Residential area in the new LEP.  The Minister advised that she will give the request due consideration.

 

 

 

QWN245/09 - Cr. Michael Moran – Development Applications following the draw of the Rural Residential Ballots (Ref SF1297)

Cr Moran enquired as to how many Development Applications were received following the drawing of the 40 Rural Residential Lots.

 

Director Environmental Planning advised that all applications for the 40 Lots were received with two addditonal applications being permitted as 3 Lots were returned to Council due to site constraints.

 

 

 

 


COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

1062/09 RESOLVED:       (Ainsworth/Ballangarry)

 

1       That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2       That Council move into Closed Meeting to discuss the matters for the reason(s) listed above.

 

Reason reports are in Closed Meeting:

 

 

 

 

 



Notices of Motion

For Confidential Business Paper in Closed Meeting

ITEM 12.1    4861/2009           050309      Notice of Motion - Purchase of Land

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

 


 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 9.00 pm.

 

Cr Moran declared a pecuniary interest left the meeting for this item the being being 9.05 pm.

 

RESUME IN OPEN MEETING

1063/09 RESOLVED:       (Ballangarry/Court)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.25 pm

 

 

FROM COUNCIL IN CLOSED MEETING

 

Notices of Motion

For Confidential Business Paper in Closed Meeting

ITEM 12.1    4861/2009           050309      Notice of Motion - Purchase of Land

1064/09 RESOLVED:       (Court/Ainsworth)

 

That Council investigate the purchase/acquisition solely or as a joint venture/partnership of the existing privately owned industrial land adjoining the established industrial estate in Macksville.

 

 

 

 

 

 

 

 


CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.26 pm.

 

Confirmed and signed by the Mayor on .

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)