NAMBUCCA SHIRE COUNCIL

 

ORDINARY COUNCIL MEETING - 18 JUNE 2009

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 4 June 2009

5        Notices of Motion

5.1     Notice of Motion - Professional Development Program - 29 to 30 June 2009 - Sydney  

6        DELEGATIONS (if any)—Motion to hear Delegations

9.4     Maintenance of Funding for Headspace Mid North Coast

          i)    Mr Chris Hewgill—Chairperson Nambucca Valley Youth Services Centre—

                                              Headspace

          ii)   Mr Bruce Mercer—Headspace

 

10.7   Development Application DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Lane Macksville

          i)   Ms Sandra Sutton—Objector

          ii)  Ms Toni Freeman—Objector

 

7        ASKING OF QUESTIONS WITH NOTICE

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports March 2009

9.2     General Meeting - Valla Beach Urban & Hall  Committee of Management - Change to Office Bearers

9.3     Nambucca Shire Land Development Committee Meeting Minutes - 04 June  2009

9.4     Maintenance of Funding for Headspace Mid North CoastDELEGATION

10      Director Environment and Planning Report

10.1   Minutes of Access Committee Meeting 26 May 2006

10.2   Report on Legal Advice for noting Sea Level Rise impact Section 149 Certificates and Appropriate Disclaimer.

10.3   Inquiry into the NSW Planning Framework

10.4   DEP Applications and Statistical Reports July 2008-May 2009, 2002-2009 and Certificates Received 2004-2009

10.5   Outstanding DA's >12 months, applications where submissions received & not determined 5 June 2009

10.6   Contract Regulatory Officer's Report - May 2009

10.7   Development Application DA 2008/267 - Proposed Industrial Complex for Manufacturing Buses, Plus ancillary Facilities - Lot 1046 DP 826440, 14 Harrimans Lane Macksville—DELEGATION

11      Director Engineering Services Report

11.1   Transfer of Authority - Crown Public Road at Valla

11.2   Nambucca Shire Traffic Committee Meeting - 2 June 2009

11.3   Report on Nambucca Emergency Operations Centre Committee Minutes - 27 May 2009

11.4   Landslip - Jason Cottages, Riverside Drive, Nambucca Heads

11.5   Professional Lifeguard Services 2008/2009 Contract Report  

12      General Purpose Committee 17 June 2009 - REPORT

13      General Manager's Summary of Items to be Discussed in Closed Meeting

12.1   Renewal of Loans 422 and 423

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.


 

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv        DEAL WITH MOTION TO CLOSE THE MEETING

 

14      MEETING CLOSED TO THE PUBLIC

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

 



Ordinary Council Meeting

18 June 2009

Notice of Motion

ITEM 5.1      SF1269            180609         Notice of Motion - Professional Development Program - 29 to 30 June 2009 - Sydney

 

AUTHOR/ENQUIRIES:     Anne Smyth, Councillor         

 

Summary:

 

As part of Councillors’ Professional Development Program both Cr Anne Smyth and Cr Paula Flack have requested approval to attend Module 1 of a Certificate Program in Public Participation—Planning for Effective Public Participation being conducted in Sydney on 29-30 June 2009.

 

 

Recommendation:

 

That Council endorse Cr Smyth’s and Cr Flack’s attendance at the Certificate Module: Planning for Effective Public Participation being conducted in Sydney on 29-30 June 2009.

 

 

OPTIONS:

 

1        That leave to attend the professional development is not granted.

2        That other Councillors also attend this development opportunity if places are available.

 

 

DISCUSSION:

 

Module 1 is a two day workshop which is part of a five day program consisting of three modules which can be done individually or as a certificate program.   The Program is aimed at a diverse group including elected representatives in local, regional and national levels of government.

 

At the conclusion of the Planning for Effective Public Participation module, students will have learned:

 

a)         The full scope of planning needed for effective public participation

b)         A variety of ways to identify publics and understand potential impacts of actions

c)         How to select the appropriate level of participation

d)         How to set clear, shared objectives for effective public participation

e)         How to develop a public participation plan

f)          How to identify appropriate evaluation tools to measure the effectiveness of public participation programs.

 

The Certificate Modules are being conducted by Prof. Robert Nurick from the University of NSW.

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic impacts.

 

Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

In accordance with Council’s Policy Payment of Expenses and Provision of Facilities Council has set a budget allocation for individual Councillors’ attendance at conferences, workshops and seminars.

 

The cost of this Module is $1,000 per participant (GST incl).

 

Source of fund and any variance to working funds

 

There is no variance to the working funds.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

18 June 2009

General Manager's Report

ITEM 9.1        SF959              180609         Outstanding Actions and Reports March 2009

 

AUTHOR/ENQUIRIES:        Michael Coulter, General Manager         

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

 

 

 

No

FILE NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

SEPTEMBER 2007

JUNE 2008

1

SF793

05/06/08

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

                    

The meeting with Dave Mitchell was held on the 25 March 2009 and as a result Council determined a number of actions:

 

1  That a letter be written to the Minister for Primary Industries seeking legislation that enables enforcement of the Code of Conduct for Ocean Haul Fishermen.

 

2  That information be sought on the success or otherwise of having a Professional Fishermen's Motor Vehicle Beach Access Permit.

 

3  That the Department of Primary Industries Representative raise the concerns of Nambucca Shire Council at the next meeting of the Ocean Haul Operators Management Advisory Committee.

 

4  That the Department of Primary Industries be asked to provide temporary signage on the beach that advises the public that Beach Haul fishing is underway with reference to the Department of Primary Industries Website.

 

DES

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

DPI recommended a local meeting with the representative of the commercial fishermen, DPI and Council.

Dave Mitchell (Commercial Fishermen Representative of the Ocean Haul Operators) has agreed to discuss this years operations with Council before the end of March.

 

David Mitchell has spoken to local commercial operators re Council concern.

 

Request for feedback sought from Kempsey Shire Council on the Professional Fishermen’s Permit Scheme.

 

Minister’s representative considering Council’s comment on a legislated Code of Conduct.

 

Season is late this year, expected late May.  The Department of Primary Industries will respond to any issues.  The Department of Primary Industries will be issuing guidelines that include the beach signs.

 

Floods have impacted on this year’s season.  Mullet prices are low.  Likely to be little impact this year.


JULY 2008

2

Item 9.9

03/07/08

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

 

GM

Letter sent 15/07/08.

Follow up letter sent 14/11/2008.

Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim.

Follow up letter sent 9 April.

 

3

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

Outcome of grant expected early December but not yet received.

Funding declined.  Work on preparing plan to be scheduled.

 

Interested parties will need to identify potential uses for inclusion in revised plan of management.

 

Local cricket and soccer associations to be contacted regarding use of the fields.

OCTOBER 2008

 

4

RF256

 

16/10/08

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

 

 

DES

 

Subject to GHD undertaking evaluation.

Separate assessments underway for:

 

1  Riverside Drive Bank Stability:

      Jason Cottages.

      Report received.

 

2  Ellis Ave & Doyle Lane Landslips:

      Awaiting further survey.

 

3  Riverside Drive Road Stability(West):

       GHD doing final review of report.

Letter sent requiring report by 12 June 09

 

4  Catchment Assessment:

       Report being prepared by GHD.

 

 

NOVEMBER 2008

 

5

SF544

6/11/08

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

 

GM

Report November 2009

 

6

SF42

20/11/08

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

 

DEP

16 April 2009

Matter deferred as AIBS and DEPA are currently investigating the consequences of this circular.

 

DECEMBER 2008

 

7

SF688

4/12/08

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

 

DEP

Programmed for September 2009.

 

8

 

18/12/08

Alliance Tender for the Provision of a Corporate Software System

 

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

 

GM

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

 

9

SF1046

18/12/08

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

 

DEP

Report March 2009.

 

Deferred in Draft Budget.

 

16 April 2009 meeting.

Deferred until draft Nambucca River Master Plan prepared.

 

 

JANUARY 2009

 

10

PRF53

15/01/09

Preparation of landscape design for River Street, Macksville in consultation with Joan’s Army and Council staff.

 

DES

Quotations being sought.

Late March.

Deferred to May 2009.

Deferred to June 2009.

Deferred to July 2009.

 

 

11

PRF53

15/01/09

DES to enquire with Department of Public Works about opportunities to remove or refurbish the river gauging station in River Street, Macksville.

DES

Letter sent to the Manly Hydraulics Laboratory.

 

The Dept of Commerce have advised that Council in 1981 raised no objection to the Department of Public Works proposal to install an automatic recorder after consideration of the approximate location and type of structure, The site is important because of the consistency with historical data. An alternative building or structure must still use the same site.

 

Letter sent re standard of building required.

 

 

FEBRUARY 2009

 

12

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES.  To include pedestrian and vehicular access arrangements and management of environmental values.

 

DES

October 2009

 

13

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

 

DES

DES to meet Country Energy to discuss further.

 

Meeting 15 June 2009

 

 

14

SF1031

19/02/09

That a report be brought to Council on its capacity to keep electronic information long term and in a fail safe condition.

GM

MIT to report in July 2009.

 

MARCH 2009

 

15

SF1297

5/03/09

That Council make representations to the DECC and RFS re requirements for bushfire asset protection zones around houses.

 

DEP

Letters to be prepared and sent.

 

Letters sent 16 March 2009.

Response from DECC received

 

 

16

DA09/049

5/03/09

The RTA be requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

 

DES

Letter sent.

 

No response as at 24 March 2009.

 

RTA advised 6 April 2009 that they will review and advise Council of outcome.

Follow up letter sent to RTA.

 

 

17

DA09/061

5/03/09

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

 

GM

Target report to Council in July 2009.

 

 

18

SF1269

5/03/09

That Council investigate the purchase of privately owned industrial land adjoining the Macksville industrial estate.

 

GM

Cost of feasibility study being investigated.  Report by April 2009.

Quotes being obtained from consultants.  Report May 2009.  Chasing up quotes.

See item in confidential business paper 4/6/09

 

 

19

SF791

19/03/09

That a report go back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

 

GM

Report to come back following advertising.

 

DES to investigate potential for closure of part of the road to add to the industrial land.

 

20

SF1301

19/03/09

Council hold 1 workshop for Section 355 Committees to explain information package and to discuss any issues or concerns the Committees may have in relation to their operations.

 

GM

Workshop being organised for 5.00pm Wednesday 3 June 2009.

 

Letters sent to Committees 6 May 2009.

 

APRIL 2009

 

21

SF939

2/04/09

Views of Chambers of Commerce, Nambucca Valley Tourism and High Schools be sought as to proposed marketing slogan and billboards and alternative suggestions

 

GM

To be reported back in August 2009

 

22

SF871

16/04/09

That the future of the Pioneer Community Centre be subject to a further report to Council in 3 months time following receipt of any proposal from the CoM to retain the building.

Also Council seek the flat be vacated and obtain insurance details.

GM

Report in August 2009.  Letter sent 20/4/09 to CoM requesting that the flat be vacated and requesting insurance details.

 

Committee of Management wish to be provided with reasons as to why the flat should be vacated (verbal advice to GM on 22/5/09).

 

 

23

SF959

16/04/09

Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.

GM

A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan.  Report to be completed by June 2009.  Subcommittee to report by March 2010.

 

 

24

SF1305

16/04/09

Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009.  Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.

 

GM

Letters sent 21 April 2009.

 

Follow-up letter sent 28 May 2009.

 

25

SF1075

16/04/09

That Council seek a legal opinion on how it should advise the effect of the NSW Government Policy Statement on sea level rise under question 7 on a planning certificate and also specific advice as to a disclaimer.

 

DEP

Letter sent to Deacons on 20 April 2009.

 

Response expected by 22 May 2009.

 

Report in business paper for meeting on 18 June 2009.

 

26

RF477

16/04/09

That Council write to Coffs Harbour and Bellingen Councils seeking a joint inspection of the Coffs Coast Waste Facility.

 

DES

Letter of request forwarded on 1 May 2009.

 

Date set for 2.00 pm on 28 June 2009.

 

27

SF444

16/04/09

That the revised road hierarchy plan, incorporating a grading program be deferred to the next GPC meeting with Councillors to provide any comments to Acting DES within 7 days.

 

DES

Report to GPC 17 June 2009.

 

Deferred to GPC July 2009.

 

MAY 2009

 

28

SF959

07/05/09

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

 

DEP

To be reported 21 May 2009.

Deferred to June 2009 to enable all options to be considered.

See item in business paper 4/6/2009.

 

Council again write to Dept Water & Energy

Letter sent 10 June 2009.

 

 

29

SF639

07/05/09

That the staffing of the Department of Environment and Planning be reviewed in 6 months or upon resignation of any professional staff member, whichever occurs first.

 

GM

Report November 2009

 

30

SF639

07/05/09

Council receive a report relating to the need for administrative support across the organisation.

 

GM

July 2009

 

31

SF21

07/05/09

Council investigate the implementation and costs of an effluent management system at the saleyards

 

GM

August 2009

 

32

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

November 2009

 

37

SF1213

07/05/09

Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.

 

GM

November 2009

 

33

SF1213

07/05/09

Council review the cycleway plan so as to ensure its funding requirements are realistic.

 

DES

December 2009

 

34

SF1213

07/05/09

Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

 

GM

September 2009

 

35

SF1343

07/05/09

Council staff to undertake preliminary investigations in regard to bidding for the land (Thistle Park).

 

GM

21 May 2009 (in closed)

Letter of offer sent to Minister for Education on 25 May 2009.

 

36

SF1269

21/05/09

Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.

 

DES

Letter sent 28 May 2009.

 

37

SF1261

21/05/09

That Council undertake an onsite inspection of DA2009/127 (McDonalds) once the plans have been finalised.

 

DEP

Scheduled for GPC 17 June 2009.

 

38

SF820

21/05/09

That the draft tree planting program for 2009/10 be referred to Council for its consideration.

 

DES

Report July 2009

 

39

DA

2007/244            

21/05/09

That there be a report to the GPC on Section 138 Roads Act issues including damage to footpaths and other matters.

 

DEP

Report to June 2009 GPC

 

40

SF1231

21/05/09

Use of Road Reserves and public land for commercial, community and charitable activities – that there be a further report to consider items 1-6 in the letter from the Chamber of Commerce.

 

DEP

Report in August 2009.

Meeting scheduled for 5.00 pm 16 June 2009 with Chambers of Commerce.

 

41

SF452

21/05/09

Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.

 

DES

Local DECC office advised by letter of Council’s intention.

Formal proposal for Minister being prepared.

 

 

 

42

SF452

21/05/09

Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.

 

DES

Report to July 2009.

 

43

QWN256

21/05/09

Thank you to Ray Hadley re Thistle Park when matter with Dept of Education has been finalised

 

 

GM

Letter of offer sent to Minister of Education sent 25 May 2009.

 

JUNE 2009

 

44

SF1269

4/6/2009

Report on options for pedestrian safety for Wallace Street in consultation with M&D Chamber of Commerce

 

DES

Report September GPC.

 

45

SF639

4/6/2009

Review of Tourism Function

 

GM

Deferred to 16 September GPC

 

46

SF959

Previously no 32

4/6/2009

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

 

DEP

To be reported 21 May 2009.

Deferred to June 2009 to enable all options to be considered.

See item in business paper 4/6/2009.

 

Council again write to Dept Water & Energy

Letter sent  10 June 2009.

 

 

47

QWN 259

4/6/2009

Cr Flack – Harriman’s Lane – Report to Council

DEP

Report to Council 2009.

 

 

48

SF1333

4/6/2009

Council request DECC & other depts to agree on a protocol for emergency clean up work.

 

Council formally thank staff involved in the flood events for their work and initiative.

 

DES

DES to issue thank you letter to all involved.

 

49

SF42

4/6/2009

Submission to Dept. of Local Government regarding integrated planning and reporting – draft legislation

GM

Letter sent 10 June 2009.

 

50

SF278

4/6/2009

That Council seek more information regarding 4 yr funding agreement from Mid North Coast Headspace.

 

GM

Request for additional information sent to Headspace Mid North Coast on 7 June 2009.

Chairman of Headspace advised of Council Resolution on 6 June 2009.

 

 

51

SF669

4/6/2009

Joint Regional Planning Panels – request extension of time

 

DEP

Letter sent 10 June 2009.

 

 

 

 

 

Attachments:

 

 


Ordinary Council Meeting

18 June 2009

General Manager's Report

ITEM 9.2      SF341              180609         General Meeting - Valla Beach Urban & Hall  Committee of Management - Change to Office Bearers

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The report acknowledges the general meeting of the Valla Beach Urban and Hall Committee of Management held on 18 May 2009 and the new Office Bearers for Treasurer and Secretary

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Valla Beach Urban and Hall Committee of Management noting the names of the new Treasurer and Secretary and noting the Committee’s new mailing address.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION:

 

The general meeting of the Valla Beach Urban and Hall Committee of Management met on Monday 18 May 2009.  At this meeting a new Treasurer was appointed, allowing Mr Veryard to take on responsibilities as Secretary.

 

The Committee of Management for 2009/2010 now comprises:

 

President:                                 Graham Jones

Vice President:                         Martin Mountford

Treasurer:                                 Peter Rundle

Secretary:                                 Peter Veryard

Other Committee members:       Aldo Schepis;  Cath Niezgoda;  John Windmill.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

18 June 2009

General Manager's Report

ITEM 9.3        SF791              180609         Nambucca Shire Land Development Committee Meeting Minutes - 04 June  2009

 

AUTHOR/ENQUIRIES:        Wayne Lowe, Manager Business Development         

 

Summary:

 

The minutes of the Nambucca Shire Land Development Committee Meeting held on 04 June 2009 are attached for Council information and adoption.

 

 

RECOMMENDATION:

 

That Council adopt the minutes of the Nambucca Shire Land Development Committee Meeting held on 04 June 2009.

 

 

 

OPTIONS:

No other options are required.

 

 

DISCUSSION:

 

The Nambucca Shire Land Development Committee, comprising all Councillors, met on the 04 June 2009.

 

The members of the Committee discussed a number of matters as per the attached minutes.

 

 

CONSULTATION:

 

Nambucca Shire Councillors

General Manager

Manager Business Development

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental issues arise as a consequence of this report.

 

Social

 

No social issues arise as a consequence of this report.

 

Economic

 

No economic issues arise as a consequence of this report.

 

Risk

 

No risk issues arise as a consequence of this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No budgetary implications arise as a consequence of this report.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

14020/2009 - Minutes - Land Development Committee Meeting - 4 June 2009

 

 

 


Ordinary Council Meeting - 18 June 2009

Nambucca Shire Land Development Committee Meeting Minutes - 04 June  2009

Attachment 1

14020/2009 - Minutes - Land Development Committee Meeting - 4 June 2009

 

Present:

Cr Rhonda Hoban (Mayor), Cr Brian Finlayson, Cr John Ainsworth, Cr Michael Moran OAM, Cr Janet Court, Cr Paula Flack, Cr Anne Smyth, Cr Martin Ballangarry OAM arrived at 3.37pm.

 

In attendance:

 

Michael Coulter (General Manager)

Wayne Lowe (Manager Business Development)

 

Apologies:

 

Cr Ballangarry OAM apologised for being late.

 

 

SF791                    ADOPTION OF THE MINUTES OF THE PREVIOUS MEETING 5 MARCH 2009

 

The Minutes from 5 March 2009 were adopted by Council at its Ordinary meeting on 19 March 2009.

 

 

SF791                    ITEM 1 – PROPOSED USE OF COMMUNITY LAND ON CORNER OF LINK ROAD AND PACIFIC HIGHWAY, NAMBUCCA HEADS

 

RECOMMENDATION:          (Finlayson/Ainsworth)

 

That Council note the consensus of submissions for the use of the community land at Lot 3 DP 1028461 is for utilising the land as a gateway to Nambucca Heads and to preserve the natural bushland setting.

 

 

SF791                   ITEM 2 – OLD GUMMA ROAD Sanitary DEPOT       

 

RECOMMENDATION:          (Flack/Finlayson)

 

That investigation into and the preparations for the sale of Lot 1 DP 510707 be discontinued.

 

 

SF791                   ITEM 3 – general business          

 

RECOMMENDATION:          (Ainsworth/Court)

 

That Council staff continue negotiations with the interested party for the purchase and development of the proposed lot 11 on Railway Road, Nambucca Heads, being Council owned and industrial zoned land.

 

 

SF791                   ITEM 4 – next meeting          

 

The next meeting will be held on 3 September 2009 at 3.30pm in the Council Chambers, Princess Street, Macksville.

 

 

SF791                   ITEM 5 – summary of items to be discussed in closed meeting

 

RECOMMENDATION:          (Finlayson/Ainsworth)

 

That Land Development Committee Meeting move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

SF791                           ITEM 5.1 – Sale of land at jellico street, macksville

 

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.  

 

SF791                           ITEM 5.2 –  Englobo Valuation of Lot 22 DP 1036142 Hyland     Park

 

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

SF791                   ITEM 5 – revert to open meeting for decisions in relation to items discussed in closed meeting

 

Resolutions from closed Meeting

 

SF791                    ITEM 5.1 – Sale of land at jellico street, macksville

 

RECOMMENDATION:          (Court/Ballangarry)

 

1          That Council revise the reserve price for the sale of the consolidation of Lots 2D & 3D in Deposited Plan 8264 as per the price recommended in the report.

 

2          That Council authorise the General Manager and Mayor to finalise the negation for the sale of the consolidation of lots 2D & 3D in DP 8264 for a price not less than the set reserve.

 

3          That Council authorise the General Manager and Mayor to sign all necessary documents and to affix the Council Seal on all necessary documents to give effect to the sale of Lot 2 D & 3D in DP 8264 including the Contract for Sale and Transfer documents.

 

4          That Council take action to improve the presentation of the land for sale by grass seeding and if required by planting other vegetation.

 

 

SF791                  ITEM 5.2 –  Englobo Valuation of Lot 22 DP 1036142 Hyland Park

 

Motion:             (Ainsworth/Finlayson)

 

1          That Council rescind the resolutions made at the Ordinary Meeting of Council on 19 March 2009 and numbered 5b and 5d of the adoption of Minutes of the Land Development Committee meeting of 5 March 2009.

 

2          That Council postpone capital works on the development of Lot 22 in DP 1036142 pursuant to Development consent 2006/143/01 for a period of 12–18 months or pending more favourable market conditions.

 

3          That Council receive a report detailing a business plan for the development of Lot 22 in DP 1036142 pursuant to modified Development Consent 2006/143/01 on or before 30 June 2010.

 

 

AMENDMENT:     (Ainsworth/Finlayson)

 

1          That Council rescind the resolutions made at the Ordinary Meeting of Council on 19 March 2009 and numbered 5b and 5d of the adoption of Minutes of the Land Development Committee meeting of 5 March 2009.

 

2          That Council continue with clearing the land so that it is ready for sale at a future time but not undertake capital works at this stage.

 

3          That Council receive a report detailing a business plan for the development of Lot 22 in DP 1036142 pursuant to modified Development Consent 2006/143/01 on or before 30 June 2010.

 

The amendment was lost.

 

 

AMENDMENT:     (Ainsworth/Court)

 

1          That Council rescind the resolutions made at the Ordinary Meeting of Council on 19 March 2009 and numbered 5b and 5d of the adoption of Minutes of the Land Development Committee meeting of 5 March 2009.

 

2          That Council postpone capital works on the development of Lot 22 in DP 1036142 pursuant to development consent 2006/143/01 pending more favourable market conditions.

 

3          That Council receive a report detailing a business plan for the development of Lot 22 in DP 1036142 pursuant to modified Development Consent 2006/143/01 on or before 30 June 2010.

 

The amendment was carried with the Mayor using a casting vote.

 

 

AMENDMENT:     (Flack/Smyth)

 

That the clearing of the land be postponed until such time as the capital works are undertaken.

 

The amendment was lost.

 

 

RECOMMENDATION:          (Ainsworth/Court)

 

1          That Council rescind the resolutions made at the Ordinary Meeting of Council on 19 March 2009 and numbered 5b and 5d of the adoption of Minutes of the Land Development Committee meeting of 5 March 2009.

 

2          That Council postpone capital works on the development of Lot 22 in DP 1036142 pursuant to development consent 2006/143/01 pending more favourable market conditions.

 

3          That Council receive a report detailing a business plan for the development of Lot 22 in DP 1036142 pursuant to modified Development Consent 2006/143/01 on or before 30 June 2010.

 

The motion was carried with the Mayor using a casting vote.

 

 

Meeting Closure

 

There being no further business, the meeting was declared closed at 4.50 pm.

 


Ordinary Council Meeting

18 June 2009

General Manager's Report

ITEM 9.4      SF278              180609         Maintenance of Funding for Headspace Mid North Coast

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

In November 2007, a program targeting the mental health and social wellbeing of 15-25 year olds in Coffs Harbour, Bellingen and Nambucca local government areas was launched.

 

The program, known as, “headspace, Mid North Coast”, is based in Nambucca Heads and employs 5 full time staff and up to 15 other persons such as doctors, youth workers, psychologists and administration staff under youth programs.

 

Headspace Mid North Coast (MNC) has now been advised they will receive a 50% funding cut which equates to $170,000 for 2009/2010.  In the event that the funding is not forthcoming then headspace MNC will be closed by 30 June 2009.

 

Council should support representations by headspace MNC for retention of their funding for the reasons discussed.

 

 

Recommendation:

 

That Council make representations to the Hon. Nicola Roxon MP, Minister for Health and Ageing and also to Luke Hartsuyker MP, Member for Cowper seeking the retention of funding for headspace Mid North Coast.

 

 

OPTIONS:

 

Council has the option of making representations for retention of the funding or not making representations.  The Hon. Nicola Roxon MP is the Minister ultimately responsible for the provision of funding to the headspace program.

 

DISCUSSION:

 

At Council’s meeting on 4 June 2009, it was resolved that Council defer this matter and seek more information regarding the four year funding agreement from (National) Headspace.

 

Council has now received advice from Chris Hewgill, Chairperson of the NVYSC – Headspace advising as follows:

 

“Basically the fact is that we had a two year contract (it has never been 4yrs) with infrastructure costs to set up three Youth Hubs in Nambucca Heads, Bellingen and Coffs Harbour.  We were required by Headspace National to setup the three hubs from scratch with Admin/Reception, Doctor Clinics, Counselling rooms and Youth Worker areas, we also setup a Youth Doctor Outreach Clinic in Dorrigo.  During this time all budgets were approved in advance on a yearly basis with Profit and Loss statements approved on a definite two year contract…

 

Bruce Mercer and the Lead Agency NVYSC has presented constantly to Headspace National … since January 2009 a realistic maintenance budget to run our core services across the three LGA areas of $500,000 which is basically a no growth budget, keeping the youth hubs/clinics open.  We were then finally offered $335,000 in April 2009, this meaning the certain closure of both Bellingen and Nambucca Heads Youth Hubs …

 

Headspace MNC will certainly close on 30th June if we are not supported by such important stakeholders as Council, we are meeting today re our media and political campaign and would welcome the opportunity to talk to Council on 18th June.  Headspace MNC has been the most effective program I have been associated with in over thirty years of youth and community work, its demise will mean a great loss to Youth across the region, it will also mean the loss of an excellent service with its Head Office based in Nambucca …

 

My Hewgill has been invited to address Council on 18 June 2009.

 

The remainder of the report is that considered by Council on 4 June 2009.

 

In November 2007, a program targeting the mental health and social wellbeing of 15-25 year olds in Coffs Harbour, Bellingen and Nambucca local government areas was launched.  The program, known as, “headspace, Mid North Coast”, is based in Nambucca Heads and employs 5 full time staff and up to 15 other persons such as doctors, youth workers, psychologists and administration staff under youth programs.  The program operates three youth hubs (clinics) in Nambucca Heads, Bellingen and Coffs Harbour.  It is funded by the Australian Government under the Promoting Better Mental Health – Youth Mental Health Initiative.

 

Until the commencement of the headspace program there was no specific youth mental health service in this area.  So far in this financial year there have been:

·      1,232 occasions of service (compared to a target of 1,000 per annum);

·      846 clients seen by GPs;

·      316 clients being seen by youth mental health workers;

·      99 clients seen by Psychologists;

·      16 community awareness events;

·      8 education and training events

 

The importance of the program to the Nambucca Valley and Coffs Coast is evident in our demographic statistics.  It is estimated that up to one in four 19-25 year olds is living with a mental health problem.  It’s estimated that only a quarter of these young people receive professional help.

 

Headspace Mid North Coast (MNC) has now been advised they will receive a 50% funding cut which equates to $170,000 for 2009/2010.  In the event that the funding is not forthcoming then headspace MNC will be closed by 30 June 2009.  So far representations have been made to headspace national with access.

 

The Directors of headspace MNC are now seeking the support of Council in making representations directly to the Federal Health Minister, Nicola Roxon and also to our local member Luke Hartsuyker MP.

 

Putting aside the importance of the service to the mental health of young people in the Nambucca, Bellingen and Coffs Harbour LGA’s, it would seem premature to withdraw funding from a service which has only been operating for 18 months.  There has been no opportunity to undertake a proper review of the service.

 

Council should support representations by headspace MNC for retention of their funding for the reasons discussed.

 

CONSULTATION:

 

The Director of headspace has been advised that the matter would be reported to Council with a view to making representations seeking the retention of their funding.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The existing program provides a holistic youth mental health service to 15-25 year olds in the Nambucca, Bellingen and Coffs Harbour local government areas.  With up to one in four young Australians living with a mental health problem, the service is obviously very important to the social wellbeing of our young residents and their families.

 

Economic

 

The headspace MNC service is perhaps the only community service operating across the entire Coffs Coast which is based in the Nambucca Valley.  If the service is closed then there will be the loss of about $1.6m in salaries and other operating costs over three years.  Most of this money would come to the Nambucca Heads office.

 

Risk

 

There are no risks in making representations on behalf of headspace MNC.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications for Council.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.1    SF283              180609         Minutes of Access Committee Meeting 26 May 2006

 

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

 

Summary:

 

The minutes don’t contain any specific recommendations which require the endorsement of Council.

 

 

Recommendation:

 

1          That the minutes of the Access Committee meeting held on 26 May 2009 be noted.

 

 

 

OPTIONS:

 

 

1          Endorse the minutes

2          Not endorse the minutes

 

DISCUSSION:

 

The Scooter Survival Guide provides advice which is consistent with that provided by the NSW Roads and Traffic Authority and National Roads and Motorists’ Association Ltd.  It appeal is its size (A5) and colourful presentation.  The booklet is produced (and printed) by Lake Macquarie City Council and is being offered to all Councils in NSW.  Use of motorised scooters is growing in the Nambucca Shire as are the concerns and issues related to their use.  The Guide will be a useful and cost effective way of raising awareness and promoting improved safety for all.

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no specific environmental sustainability issues. 

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

There no risk related issues identified as resulting from this report.

 

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The Committee’s decision to purchase copies of the Scooter Survival Guide will be met by Council’s small allocation of funding to the Access Committee for access initiatives. 

 

Source of fund and any variance to working funds

 

Nothing required

 

 

 

Attachments:

1View

13114/2009 - Minutes of Access Committee Meeting 26 May 2009 to go with report

 

 

 


Ordinary Council Meeting - 18 June 2009

Minutes of Access Committee Meeting 26 May 2006

Attachment 1

13114/2009 - Minutes of Access Committee Meeting 26 May 2009 to go with report

 

 

Present

 

Peter Shales (Chairperson), Cr Anne Smyth, Margaret Hutchinson, Keith Davis, Coral Hutchinson, Shirley Holmes, Les Small and Alba Sky

 

Apologies

 

Cr Michael Moran, Donna Primmer, Tracey Mills, Mathew Sullivan, Jenny Croaker, Dorothy Secomb

 

Housekeeping and Emergency Procedures

 

Emergency exits, Evacuation Plan and location of facilities were addressed.

 

Declarations of Pecuniary Interest – Non declared.

 

Minutes of Previous Meeting – 28 April 2009

 

Ř  Confirmed – Moved Keith Davis Seconded Shirley Holmes.  Carried.

 

Business Arising

 

1        New Members

 

The Committee welcomed new members Shirley Holmes and Glenise Maher.  Shirley requested raised awareness of the need to provide plain English explanations of some matters, including acronyms; also how different aspects of access and the related committees fit together.

 

2          Review Of Use Of Road Reserves and Public Land For Commercial Activities

 

The Committee noted that a report was presented to Council’s General Purpose Committee on 20 May and then to be considered at Council’s Ordinary meeting 21 May 2009.  The matter was deferred to enable another meeting (after business hours) to address a number of points made by the Macksville Chamber of Commerce.  The meeting is proposed for 16 June at 5.30pm at the Council Administration Centre.  The identified Access Committee representatives will be invited to attend.

 

3        Disability Action Plan

 

Council endorsed the Plan at its meeting on 21 May 2009.  The Plan has been submitted to the Australian Human Rights Commission and will be placed on Council’s website. 

 

4        Access Issues Around Newville

 

The following advice from Council’s Director Engineering Services was noted:  that the land at the end of the cycleway (next to the schools in Nambucca Heads) is owned by the Department of Education.  In response to requests to do something about the poor access, he had discussed the possibility of a community partnership project with the Lions Club, and they have agreed to help. 

 

In the meantime, the State Government’s State Property Authority has been reviewing land in public ownership with a view to identifying surplus land which could be either disposed of or redeveloped.  Council staff have recently met with the SPA and discussed the area.  It appears that they could move quite quickly on the future of this area and therefore the Lion’s project won’t commence just yet. 


 

Business Arising (continued)

 

5        First Aid Courses for people with disabilities

 

Keith reported that Red Cross (Sydney) can provide this type of first aid training – cost is around $160 per head (less if more than 10 are trained).  Would provide a letter of attendance.  There are clients at Phoenix who would be keen.  Peter will follow up with the local St John’s representative.  Issue has been discussed at the MNC Disability Advisory Committee meeting in April – Dorothy and Donna to follow up.

 

Correspondence

 

IN           Coffs Harbour Access Advisory Committee meeting agenda 5 June and minutes 1 May.

              Mid North Coast Area Disability Committee agenda 12 June and minutes 24 April 2009.

              Message from Ray at Paraquad re survey on accessibility of banking services.  At this link http://www.surveygizmo.com/s/131897/banking-accessibility-survey

 

OUT        Nil

 

 

General Business

 

6        Lanes Bridge at Bowraville

 

Access of a general nature - Peter reported that it will be out of action for the next couple of months.

 

7        Meeting of Mid North Coast Access Committees

 

Next meeting will be held Thursday 11 June in Bellingen. 

The minutes of the previous meeting held 24 February were circulated.  Issues for agenda – flood damage and how is this affecting people with disabilities (eg walkways, potholes etc); discussion on A-frames on footpaths (what other Councils are doing?); Scooter Survival Guide.

 

8        Traffic Lights at Macksville

 

Keith reported that the RTA appears to have responded – the pulse tone is working on the eastern side and there is some improvement in level of noise.

 

9        Pedestrian Refuge Bowra St NH, below post office

 

Council agreed with the Committee’s request that the matter be referred to the Traffic Committee.

 

10      Work at the rear of Phoenix

 

Has been identified in a future budget (2010-11?) – members were advised that the budget and forward financial plan are currently on exhibition at Council’s website.  Submissions close 10 June. 


 

Member’s Reports

 

11      Scooter Survival Guide

 

A copy of this booklet was circulated.  Has been prepared and printed by Lake Macquarie City Council.  The Committee discussed getting copies for circulation eg to supermarkets and to places where scooters are sold.

 

Moved Keith Davis, seconded Cr Smyth that number of Scooter Survival Guides be purchased on behalf of the Access Committee and that they be distributed at appropriate locations.  Carried.

 

12      Gordon Park Rainforest Walks

 

Cr Smyth on behalf of the Gordon Park Rainforest Committee - that there are access difficulties to the rainforest walks in this vicinity.  People with a vision impairment would have difficulty finding the access points – as would others too.  Could something be painted on the footpath?  Cr Smyth has raised the issue with Council’s Director Engineering Services.  Appears not to be something which can be addressed by the Committee of Management.

 

13      Phoenix Report

 

Les submitted a pictorial of the access at Newville discussed at Item 4.  Photographs show exposed roots on pathway. 

 

 

Next Meeting

 

The next meeting will be held 23 June 2009.

 

Mid North Coast Meeting

 

In Bellingen on Thursday, 11 June at 10.00 am for 10.30 am start.  People wishing to attend to advise Coral Hutchinson to arrange transport.

 

 

Meeting Closed

 

The meeting was declared closed at 3.15pm.

 

 

 

 

…………………………….

PETER SHALES

CHAIRPERSON

 

 


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.2    SF1075            180609         Report on Legal Advice for noting Sea Level Rise impact Section 149 Certificates and Appropriate Disclaimer.

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council's Legal advisors have responded to Council's request for appropriate wording on Section 149 Certificates issued by Council that refers to the adoption of the Draft Sea Level Rise Policy Statement issued by the NSW State Government and an appropriate disclaimer on Council publications.

 

This report recommends the endorsement of the inclusion of the draft responses from Deacons for Section 149 Certificates and disclaimers on publications.

 

 

Recommendation:

 

1        That Council provide the following response to questions 7 & 7A on any Section 149 Certificates that it issues until more detailed and specific information and guidelines are prepared by the relevant Government Agencies.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted seal level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise".

 

2        That Council include the following disclaimer on any publications including, but not limited to Policies, Development Control Plans, Management Plans etc that may relate to Sea Level Rise.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted seal level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise. While Council has taken all care in forming its view on the Benchmark figure, sea level change is an inexact science, the understanding and calculation of which is constantly changing, and Council therefore disclaims all liability for reliance on such Benchmark figure of predicted Sea Level rise and therefore parties should rely on their own investigations and calculations in this regard".

 

3        That a further report be prepared once the NSW Government finalise their Policy Statement on Sea Level Rise and the Department of Planning issue Guidelines for considering Sea Level Rise in land use planning and development control.

 

4        That Council note the context of the advice provided by Deacons.

 

 

 

 

OPTIONS:

 

Council could choose not to adopt the recommendations or amend the recommendations.

 

DISCUSSION:

 

At its 16 April 2009 meeting when considering a report on the NSW Draft Policy Statement on Sea Level Rise, Council resolved:

 

That Council seek a legal opinion on how it should advise the effect or impact of the NSW State Government Policy Statement on Sea Level Rise under Question 7 on a Planning Certificate (S149) where Council has limited information on land that may be affected by a sea level rise of 40cm to 2050 and 90cm to 2100.  Further, that advice on a specific disclaimer be sought.

 

Council wrote to Deacons on 20 April 2009 who have responded which is circulated to Councillors as a "Privileged Document".

 

The advice provided by Deacons raises a number of issues especially in regard to the "predicted" sea level rise statement and how Council should take the predicted rises into account for development applications.

 

The advice also provides wording to be included as Council's response to questions 7 & 7A on Section 149 Certificates that Council issues and an appropriate disclaimer for Council documents that refer to sea level rise issues.

 

Once the NSW Government finalise their Policy Statement on Sea Level Rise and the Department of Planning issue Guidelines for considering Sea Level Rise in land use planning and development control a further report come to council to further refine, amend or alter its current adopted position.

 

CONSULTATION:

 

Deacons who also consulted Department of Planning and Department of Environment and Climate Change.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Climate Change and its associated natural processes and occurrences including Sea Level Rise is well documented and accepted throughout the world. The release of the NSW Draft Policy Statement and endorsement by Council provides guidance to minimise these environmental impacts on the natural, built and human environments.

 

The advice from Deacons provides further direction for Council when considering the impact of sea level rise in planning decisions.

 

Social

 

A consistent approach to addressing and applying sea level rise will provide guidance, knowledge and protection for the community.

 

Economic

 

The impact of sea level rise on current infrastructure and property (public and private) will have significant economic impact for all levels of government and the community. By identifying Council's endorsement of the NSW Draft Policy Statement on Section 149 Certificates may bring about economic pressures on some coastal lands.

 

 

Risk

 

The advice provided by Deacons assists Council in managing its risk and also public interest risk by including the recommended responses in Section 149 certificates and the disclaimer on Council documents that refer to Climate Change and Sea Level Rise.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be both a direct and indirect impact on Council's budget associated with the implementation of the Policy Statement on Sea Level Rise.

 

The direct impact will be associated with funds required to contribute to any new modelling required to determine the impact sea level rise may have on land and infrastructure in the Shire.

 

The indirect impact will be associated with staff time for consideration of land that may be affected by sea level rise prior to Council obtaining any additional and updated data.

 

Attachments:

1View

Confidential Circularised Document

 

 

 


Ordinary Council Meeting - 18 June 2009

Report on Legal Advice for noting Sea Level Rise impact Section 149 Certificates and Appropriate Disclaimer.

Attachment 1

Confidential Circularised Document

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on Legal Advice for noting Sea Level Rise impact Section 149 Certificates and Appropriate Disclaimer.

 

 

 

Confidential Circularised Document

 

  Pages

 

 


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.3    SF669              180609         Inquiry into the NSW Planning Framework

 

AUTHOR/ENQUIRIES:     Ben Oliver, Senior Town Planner         

 

Summary:

 

Council will be aware of the on-going inquiry into the NSW planning framework, by the Standing Committee on State Development of the NSW Parliaments Legislative Council. The function of the committee is to:

 

“ enquire and report on matters concerned with the policy directions to ensure that opportunities for sound growth and wise development are pursued for the benefit of people in all areas of NSW.”

 

The Committee held a public meeting most recently at Ballina on Tuesday 26 May, and several North Coast Councils, including Nambucca Shire Council were in attendance, as was a representative from the Urban Development Institute of Australia (UDIA).  The inquiry into the NSW planning framework included broad terms of reference, but predictably the main topics of discussion revolved around  recent reforms to the NSW Planning system and how the planning system could be improved.

 

It should be noted that the committee were not charged with answering any questions or making any policy  statements. Their role was simply to investigate the NSW Planning framework by consulting with councils, industry bodies and public organisations, with the expectation of reporting their findings to parliament by 14 December 2009.  

 

 

Recommendation:

 

Council note the progress of the inquiry into the NSW planning framework and await the committees report later in the year.

 

 

OPTIONS:

 

There are no options resulting from this report, which has been prepared for Councils information.

 

DISCUSSION:

 

The inquiry was a welcome opportunity for local councils and peak representative bodies to directly address the Committee on aspects of the NSW planning system. Although the committee has broad terms of reference including seven (7) main topics,  the main focus of discussion centred on recent reforms to the NSW planning system. To their credit, the committee were aware of and particularly interested in hearing about topical planning issues relevant to local government, such as the progress of the Standardised LEP template, natural resource management and the expanding role of the DoP in the approvals process.

 

It was particularly interesting to hear that UDIA and local government shared many concerns with the state governments agenda for centralising planning control and how this process is being implemented throughout NSW. Each of the representative Councils and UDIA argued that the planning system had progressively become more complex and many of the recent reforms had simply added to the overall complexity, rather than simplifying the operation of the EP& A Act.

 

The divergence of opinion is most stark when considering the perceived deficiencies in the Act and how the Act may be improved. No doubt the committee will find themselves in an unenviable position when they begin sifting through the myriad of opinions and suggestions offered by local government and industry bodies for planning reform.

 

In summary, while local councils and peak representative bodies were generally supportive of a rationalisation of planning documents (such as LEP’s) to improve consistency and compatibility between local government areas, the following concerns were raised;

 

a)   The introduction of the standard LEP template was generating significant workloads for Local Government, which were beyond Council’s and the Department of Planning’s original expectations. 

b)   Lines of communication between Council’s and the DoP were often lacking direction and resulting in lengthy delays in processing DRAFT LEP’s.

c)   The move towards a standardised LEP and uniform development controls, did not adequately recognise local contexts and character and failed to engage or represent the communities in which they were implemented.

d)   The standard LEP template did not address core issues for NSW councils such as coastal processes, sea level rise and climate change and housing affordability.

 

With regard to the Part 3A reforms which has centralised decision making away from local government in favour of  the DoP, the following comments were made:

 

a)   The introduction of Part 3A reforms undermined the control vested in local Councils with regard to planning matters.

b)   The DoP lacked the technical expertise to properly assess development applications resulting in Council staff being required to expend considerable time and resources without any adequate means of reimbursement for work undertaken.

c)   The inexperience evident in the DoP, resulted in poor outcomes with regard to consent notices and conditions of approval and turn around times.

d)   Evidence would appear to confirm that Councils are the preferred consent authority because of their availability, efficiency and levels or expertise.

e)   The expanded role of planning panels and planning arbitrators (who are to be appointed by the Minister) may create an opportunity for undue pressure being applied.

f)    The community (and many developers) lacked confidence in the ability of the State Government and the DoP.

 

 

CONSULTATION:

 

The Director of Environment and Planning was consulted in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

When implemented in 1979 the EP& A ACT was seen as a ground breaking document that introduced the objectives of ecologically sustainable development and ensured the proper management, development  and conservation of natural resources. However there is some concern that the various tiers of Government authorities and legislation is hampering a streamlined and efficient environmental  assessment. The findings of the committee may result in recommendations that could conceivably rewrite the objectives and the operation of the Act. 

 

Social

 

Another innovative objective of the Act, was the inclusion of the public interest in the decision making process and the requirement for broad public consultation. However there is some concern that public consultation is either inadequate, or alternatively is excessive, which is impacting on development  approvals. Again, the findings of the committee may result in recommendations that could conceivably rewrite the objectives and the operation of the Act.

 

 

 

 

Economic

 

The operation of the planning system has a significant bearing on the economic activity of the State and flow on effects such as housing affordability and employment opportunities. One of the issues that had some traction with the committee was the perceived inefficiency of the NSW planning system when compared with other states. The committees findings may result in recommendations that focus on streamlining the Act to reduce costs to business and promote economic activity. 

 

Risk

 

The planning system needs to be relevant to contemporary circumstances or it risks being outdated and performance suffers. The need for reform of the planning system is widely recognised, but there are divergent opinions about the scope and pace of change. The consultation process with local government and industry bodies is welcomed and will ensure that the proposed reforms (in whatever direction) are founded on consultation and therefore more likely to be acceptable to key stakeholders.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Impacts on budgets will be dependent on the findings and recommendations of the committee, that may result in local government  having to commit to further structural reform.

 

Source of fund and any variance to working funds

 

Not applicable

 

 

Attachments:

1View

13388/2009 - Inquiry into the NSW Planning Framework - Discussion Paper

 

 

 


Ordinary Council Meeting - 18 June 2009

Inquiry into the NSW Planning Framework

Attachment 1

13388/2009 - Inquiry into the NSW Planning Framework - Discussion Paper

 

 


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.4    SF1261            180609         DEP Applications and Statistical Reports July 2008-May 2009, 2002-2009 and Certificates Received 2004-2009

 

AUTHOR/ENQUIRIES:     Barbara Sadler, Executive Assistant; Emma Shaw, Acting Executive Assistant         

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2008-2009 compared with 2007-2008 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1          That Council note development application statistics and processing times for July 2008-May 2009 compared with July 2007-May 2008.

 

2          That Council note development application statistics and processing times for the years 2002 to 2009.

 

3          That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2008-31 May 2009.

 

4          That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

Development Application Statistics

 

The figures show a 33.49% decrease in the number of DA’s received for July 2008-May 2009 with construction costs decreasing by 11.60% compared to the same period in 2007/2008. The total number of DA’s/CD’s approved for the month of May was 19 plus 1 modification.

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2007-May 2008

$51,999,363

279

277

July 2008-May 2009

$46,593,607

209

197

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

41.75

40

51

83

32

February

90.00

54

165.1

575

17

March

36.27

33

51.70

140

3

April

34.59

21

53.23

153

2

May

62.94

36

72.72

307

12

 

#Average age of DA’s

 

The average age of all DA’s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 

 

 

COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

 

 

 

 

 

 

 

23

2009 Council

1

3

2

2

3

 

 

 

 

 

 

 

11


CONVEYANCING CERTIFICATES ISSUED

 

YTD (April)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

147

374

101

2005

118

339

67

2006

126

309

87

2007

121

374

82

2008

128

305

87

2009

112

353

79

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2002

20

3

7

8

15

7

13

13

16

13

13

14

142

11.80

2003

18

7

7

14

24

19

18

10

17

17

21

19

191

15.90

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

 

 

 

 

 

 

 

15

3.00

Council
2009

21

11

19

14

14

 

 

 

 

 

 

 

79

15.8

 



Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.5      SF1261            180609         Outstanding DA's >12 months, applications where submissions received & not determined 5 June 2009

 

AUTHOR/ENQUIRIES:        Barbara Sadler, Executive Assistant; Emma Shaw, Acting Executive Assistant         

 

Summary:

 

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

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

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

 

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

 

 

OPTIONS:

 

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

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:  0

 

TABLE 2:       DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/267

24/06/08

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

Lot 1046 DP 826440, Harrimans Lane, Macksville

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

§ Flooding issues

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

§ Perceived lowering of values of land

26/08/08 Advice from applicant additional information to be submitted by the end of October.
27/10/08  Extension given until 17/11/08 to provide information to Council


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2008/267 cont’d

 

 

 

Following receipt of information and assessment by Council staff a report will be prepared for Council’s determination of the application
Information is still outstanding -
21/11/08 7 Day letter sent
Applicant requested extension of time to provide the outstanding information. Extension granted until 30 January 2009
A report was presented to Council’s Meeting of 19 February 2009 where Council resolved to allow a period of 3 months to provide further information to Council
27/02/09 Letter sent to applicant advising of 3 month extension to provide further information
21/05/09 Information received
26/05/09 2nd internal referrals sent
Refer to item in Business Paper

2008/269

30/06/08

Deck, Garage & Alterations

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

18/07/08 letter to applicant requesting fees for advertising. 21/07/08 Fees received. 22/07/08 Adjoining owners notified & newspaper advertising, expire 8/08/08 - 7/8/08 Objection received - Grace - Report to Council 20/11/08

Council deferred this matter as its 15/01/09 meeting.
Noise assessment undertaken. Identified issues to be taken up with noise generator.
Matter to be reported back to Council in near future

2009/045

13/10/08

Rural Boundary Adjustment 7 lots to 3 lots

Lots 5,7,& 9 729466, Lots 1 & 2 DP 114790, Port 198 DP 755564 & Lot 1 DP 184908, 181 North Bank Road, Yarranbella

§ Concerns with traffic on Whip Mountain Road

23/10/08 Letter to applicant advising of further information required, preliminary assessment of banana contamination and vehicular access.
24/10/08 Referrals sent to DW&E, RFS, LALC
.
19/11/08 Advice that soil testing is now in progress
Awaiting results of testing
11/12/08 RFS conditions of consent received
20/02/09 30 day letter sent requesting outstanding information.

09/03/09 7 day letter sent requesting outstanding information

24/03/09 Information not received. Application was to be REFUSED, however -

26/03/09 Outstanding information received – referred to the H&B Surveyors for comment. Applicant is also confirming the status of the existing dwelling on the land awaiting Stat Dec from landowner
Application likely to be dealt with by late-June

2009/087

05/01/2009

67 Lot Residential Subdivision

Lot 3 DP 241032, Lots 1 & 5 DP 248870 & Lots 1 & 2 DP 377306, Upper Warrell Creek Road

Request for pedestrian and buggy access to remain
16/01/09 Letter sent to applicant re addition information re noise, bus services, Aboriginal Cultural Heritage, pedestrian and cycleway networks
10/02/09 Applicant requests extension for

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/087
Cont’

 

 

 

submission of noise report
Extension granted until 9 March 2009
9/03/09 7 Day letter sent requesting outstanding information to be submitted

18/03/09 Noise report submitted Application being assessed.

27/04/09 Department of Lands have advised that they don’t support use of the TSR – subdivision layout may need to be amended – discussions ongoing between Department of Lands, Council and the applicant. Council has advised the applicant to submit an amended plan – applicant has agreed & amended plan being prepared.
20/05/09 Amended Plan submitted – awaiting Traffic Report

2009/127

25/02/2009

Restaurant (McDonalds)

Lots 1-3 DP 245995 & Lot 25 DP 758085, 14-16 Pacific Highway, Nambucca Heads

§ No Explanation – Stating No Support Of Mac’s

§ Support for McDonalds

§ Stated hours of operation

§ Noise and odour generation

§ Potential harmful fumes from the highway

§ Potential disturbing behaviour of patrons

§ Impact of signage and headlights

§ Waste packing

§ Loss of privacy and devalue of property

11/03/09 Letter to applicant requesting submission of additional information relating to:
- noise impacts resulting from drive through
- relocation of drainage easement
- RTA’s concerns re access/intersection/parking
- drainage issue is being dealt with.
- Access and intersection issues will be addressed when Local Traffic Management Plan is received from Road Net.

04/05/09 Letter to applicant requesting an amended design & layout to address:

§ Amenity impacts to adjoining residence

§ Compatibility with Local Traffic Management Plan prepared by Road Net

Deficiencies in car parking layout
General Purpose Committee Meeting 17 June 2009

2009/128

25/02/2009

2 Lot Rural-Residential Subdivision plus Residue

Lot 10 DP 1033603, Scotts Head Road, Way Way

§ Issues with the removal of native bushland, placement of building envelope and rainwater run off

§ Access is a high hazard floodway

§ 7B Wetlands vulnerability to be considered

§ Believes has area of threatened species

§ An established WIRES Wallaby rehabilitation and release program area could be jeopardised

§ Concerns re bushfire hazard protection and dwelling envelopes

01/04/09 Application referred to Department of Natural Resources for undertaking of creek crossing

21/04/09 NSW RFS not prepared to issue

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/128 Cont’

 

 

 

S100B approval

27/04/09 Amended plans and Bushfire Report

2009/143

18/3/2009

2 Lot Residential Subdivision

Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head

referred to NSW RFS – awaiting response.

Council Meeting 18 June 2009

§ Concerns with stormwater system, removal of rocky outgrowths for road widening, speed limit, dogs and entry to beach

§ Support application but would like ROW marked on the plans and restriction of fill

Submissions being reviewed

22/04/09 Applicant requested to submit Coastal Hazard Assessment.

05/05/09 Written request from Applicant that Council await preliminary data from SMEC to use in its assessment of Sea Level Rise & Coastal Hazard Impacts. SMEC data due by end of May.

Assessment will recommence on receipt of data.

 

2008/109/01 Modification

24/04/09

62 Bed Aged Care Facility & 9 independent living units

Lots A, B & C DP 441932 & Lot 1 DP 738857, 9-15 Short Street & 4-6 Lee Street, Nambucca Heads

05/05/09 Adjoining owners notified.

Concerns that not enough adequate parking spaces have been allocated for on site parking

2009/168

04/05/09

Rural Residential Dwelling-House

Lot 7 DP 1072289, Henrys Lane, Warrell Creek

§ Adjoining owner concerned about land use conflicts Residential v Agricultural

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting

18 June 2009

Director Environment & Planning's Report

ITEM 10.6    SF1148            180609         Contract Regulatory Officer's Report - May 2009

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

The following is the Contract Regulatory Officer’s Report for May 2009.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for May 2009 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

23

Returned to Owner

6

 

Impounded

17

 

Total Seized

23

23

Breakdown

 

 

Seized

 

23

From Previous Month

 

 3

Stolen Dog Recovered

 

 0

Released to Owner

  1

 

Returned to Owner

  6

 

Euthanized

  7

 

Currently in Pound

12

 

Sold

  0

 

Stolen from Pound

  0

 

Total in Pound

26

26

Dumped

  4

 

Surrendered

  1

 

 

Cats

Total

Total

Seized

 

22

Returned to Owner

  0

 

Impounded

22

 

Total Seized

22

22

Breakdown

 

 

Seized

 

22

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

22

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

22

22

Dumped

0

0

Surrendered

0

0