NAMBUCCA SHIRE COUNCIL

ORDINARY COUNCIL MEETING - 06 AUGUST 2009

 

Acknowledgement of Country????????? ? (Mayor)

 

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

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 16 July 2009

5??????? Notices of Motion

5.1???? Notice of Motion - Funding for Cleanup of Nambucca River

5.2???? Notice of Motion - Shirewide Structure Plan Reference Group

5.3???? Notice of Motion - Congarinni Bridge

5.4???? Notice of Motion - Reporting on Revotes at Budget Reviews

5.5???? Notice of Motion - Policy - Opening Mail Addressed to Councillors ?

6??????? DELEGATIONS?Motion to hear Delegations

10.4?? Report on conditions of consent for DA 2009/113 and DA 2009/119

????????? i)??????? Mr Tony Smith - Landowner

????????? ii)?????? Mr Peter Turnbull

 

7??????? ASKING OF QUESTIONS WITH NOTICE

8??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9??????? General Manager Report

9.1???? Outstanding Actions and Reports

9.2???? Grant Application Status Report - 29 July 2009

9.3???? Delegations of Authority and Operating Arrangements for Community Based Section 355 Committees

9.4???? Request for listing of the Pioneers Historic Well and Horse Trough situated in the Gordon Park Rainforest as Heritage Items

9.5???? Request for Lease of Unused Part of Scotts Head Road Reserve

9.6???? Section 355 Committee of Management - Request for Name Change - Gordon Park Tennis Centre

9.7???? Request that the Nambucca Shire be declared a genetic engineering free zone

9.8???? Scotts Head Masterplan - Deferred Item from 15 July 2009 General Purpose Committee Meeting

9.9???? Berrigan Shire Council - Request for Assistance with Legal Costs

9.10?? Draft Integrated Water Cycle Management (IWCM) Strategy - Assessment of Alternatives

9.11?? Comparative Information on NSW Local Government Councils 2007/2008

9.12?? Review of the Environment and Planning Department

9.13?? Administrative Staffing Requirements and Completion of Cities for Climate Protection Milestones

10????? Director Environment and Planning Report

10.1?? Outstanding DA's >12 months, applications where submissions received & not determined 27 July 2009

10.2?? DA's and CDC's Received and Determined under Delegated Authority to 27 July 2009

10.3?? Report on Minutes Of Community Services Committee Meeting 7 July 2009

10.4?? Report on conditions of consent for DA 2009/113 and DA 2009/119?DELEGATION

10.5?? Report on Amendments to the Environmental Planning & Assessment Act

10.6?? Report on Draft Nambucca Local Environmental Plan 2009

11????? Director Engineering Services Report

11.1?? Road Naming - Little Mary Lane, Centra Park Street and Fairway Cove, Macksville

11.2?? Report on Nambucca Emergency Operations Centre Committee Minutes - 22 July 2009

11.3?? Riverside Drive, Nambucca Heads - Funding for Landslip

11.4?? Report on Plant Operations

11.5?? Tree Planting Plan 2009/2010 ??

 

????????? ASKING OF QUESTIONS WITHOUT NOTICE

 

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

12.1?? Minutes of General Manager's Performance Review Committee Meeting - 16 July 2009

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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

12.2?? Foreshore Development Plan, River 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.

???????????

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

 

13????? MEETING CLOSED TO THE PUBLIC

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

 

 

 

 



Ordinary Council Meeting

6 August 2009

Notice of Motion

ITEM 5.1????? SF1269??????????? 060809???????? Notice of Motion - Funding for Cleanup of Nambucca River

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

Council write to Waterway and ask them what funding are they going to put towards clearing trees, stumps and other debris out of the Nambucca River as the Waterways Government own the River, not Nambucca Shire Ratepayers.

 

The Government gets the income for waterways such as fisherman licenses, boat licenses such as drivers licenses for boat registration, oyster leases.

 

The Nambucca Shire Council gets nothing.? No rates, no lease fees, but has to spend funds on keeping the River clean for private enterprise which local government should not be copping the full cost for.

 

 

Recommendation:

 

That Council write to NSW Waterways asking them for funding to assist with clearing the Nambucca River of stumps, trees and other debris.

 

 

OPTIONS:

 

 

DISCUSSION:

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 

Economic

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

 

Source of fund and any variance to working funds

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Notice of Motion

ITEM 5.2????? SF1269??????????? 060809???????? Notice of Motion - Shirewide Structure Plan Reference Group

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

That Council disband the Reference Committee which was put in place for DCP LEP because changes have taken place against what the Reference Committee voted for and have not been consulted with the changes.? They have been insulted and used.

 

 

Recommendation:

 

That Council disband the Reference Committee.

 

 

OPTIONS:

 

 

DISCUSSION:

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 

Economic

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Source of fund and any variance to working funds

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Notice of Motion

ITEM 5.3????? SF1269??????????? 060809???????? Notice of Motion - Congarinni Bridge

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

Could Councillors be supplied with the report of piers on Congarinni Bridge.? I have heard the strength of the piers are good in one and poor in one.

 

 

Recommendation:

 

That Council receive a report on the tests conducted on the piers of the Congarinni Bridge.

 

 

OPTIONS:

 

 

DISCUSSION:

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

 

Social

 

 

Economic

 

 

Risk

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

 

Source of fund and any variance to working funds

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Notice of Motion

ITEM 5.4????? SF1269??????????? 060809???????? Notice of Motion - Reporting on Revotes at Budget Reviews

 

AUTHOR/ENQUIRIES:???? Rhonda Hoban, Councillor ????????

 

Summary:

 

Council is still not meeting the State benchmark for revotes at the end of each financial year. The current and next financial years are likely to present revote potential because of the impact of flood restoration work on Council?s budgeted Capital Works Schedule. It is particularly important that over the next two years, work that cannot be completed is identified so that Council can consider the options of contracting the work out or reallocating the funds to work that can be completed.

 

 

 

Recommendation:

 

That at each budget review the General Manager and Directors report on the status of the capital works they are responsible for and likely revotes.

 

 

 

OPTIONS:

 

Council can determine that the status quo remains.

 

 

DISCUSSION:

 

Refer to summary.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Nil

 

Economic

 

Early identification of revotes will allow Council to reallocate funds, or defer drawing down of loans.

 

Risk

 

There is a risk that allocated funds will sit unused in the budget, while the cost of the allocated capital works and any alternate opportunities escalate.


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Regular reporting on potential revotes will allow Council greater control and efficiency in terms of the budget and the Capital Works Schedule.

 

Source of fund and any variance to working funds

 

No additional funds or variance to working funds required.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Notice of Motion

ITEM 5.5????? SF1269??????????? 060809???????? Notice of Motion - Policy - Opening Mail Addressed to Councillors

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

Opening of mail for Councillors.

 

 

Recommendation:

 

That the existing policy that requires Council staff to open Councillors' mail be brought to Council for review and that the report include a copy of the legislation which allows this to happen.

 

 

 

GENERAL MANAGER?S COMMENT

 

This Notice of Motion is obviously related to a letter to editor in the Guardian News of 23 July 2009.? The letter from Cr Moran stated:

 

?I wish to advise you and the ratepayers of the Nambucca Shire that any person who has a complaint, or who requires information on the Nambucca Shire Council or any other matter, should post any correspondence direct to me at PO Box 181, Macksville or to 7 Station Street, Macksville 2447.

 

The reason I am notifying residents of this is that any correspondence addressed to me and received by the Shire Council is opened by council employees and not me.

 

I do not know if I get them or not.

 

I refuse to accept any letter sent to me that has been opened by council employees.

 

My own wife does not open my mail at home.?

 

The letter has resulted in 3 formal code of conduct complaints, one in the form of a petition signed by 29 Council staff or about half of Council?s indoor staff.

 

The complaints identify a number of clauses from the code of conduct which they believe have been breached including:

 

4.2???? Leadership

You have a duty to promote and support the key principles of leadership and example and to maintain and strengthen the public?s trust and confidence in the integrity of the council.

 

General Conduct

6.1???? You must not conduct yourself in carrying out your functions in a manner that is likely to bring the council or holders of civic office into disrepute.? Specifically, you must not act in a way that:

a)?????? contravenes the Act, associated regulations, council?s relevant administrative requirements and policies??

 

6.3???? You must treat others with respect at all times.

 

Inappropriate interactions

9.7???? You must not engage in any of the following inappropriate interactions:

f)??????? Councillors and administrators making personal attacks on council staff in a public forum.

 

Putting aside the content of the letter to the editor and whether or not it impugns the trustworthiness of Council?s records staff, it is unfortunate that the issue commenced with a letter to the editor rather than the Notice of Motion.? It has generated 3 formal code of conduct complaints, including one from a large proportion of Council staff.? This level of response should not be surprising as Council staff place a high value on their honesty and integrity.? The issue has potential to escalate into industrial action which will cost Council time, money and reputation.

 

Under Council?s Code of Conduct I am obliged to assess complaints alleging breaches of the Code of Conduct by Councillors in order to determine whether to refer the matter to the Conduct Review Committee or sole reviewer.? I need to have regard to a number of matters being:

 

a)?????? whether there is any prima facie evidence of a breach of the code of conduct

b)?????? whether the subject matter of the complaint relates to conduct that is associated with the carrying out of the functions of civic office

c)?????? whether the complaint is trivial, frivolous, vexatious or not made in good faith

d)?????? whether the conduct the subject of the complaint could reasonably constitute a breach of the code of conduct

e)?????? whether the complaint raises issues that require investigation by another person or body, such as referring the matter to the Department of Local Government, NSW Ombudsman, the ICAC or Police

f)??????? whether there is an alternative and satisfactory means of redress

g)?????? how much time has elapsed since the events the subject of the complaint took place

h)?????? how serious the complaint is and the significance it has for council

i)??????? whether the complaint is one of a series indicating a pattern of conduct.

 

I have determined to provide a response to the letter to the editor and to make these comments in lieu of making a formal reference to a conduct review committee or sole reviewer.

 

In terms of policy, Council has 2 policies concerning correspondence to Councillors.? One is titled, ?Instructions to Staff Opening of Mail other than Contracts? and was last reviewed in 2005.? The other ?Correspondence Addressed to the Mayor? was last reviewed in 2004.? Neither policy acknowledges email as a form of communication, nor Council?s electronic document management system.

 

Section 11 of the State Records Act 1998 places an obligation on Council to ensure the safe custody and proper preservation of the State records it has control of.? A State record means any record made and kept, or received and kept, by any person in the course of exercise of official functions in a public office, or for any purpose of a public office or for the use of a public office.? In summary correspondence concerning Council business is not the ?property? of a Councillor and is no different to correspondence addressed to the General Manager.

 

Given that Council has about 180 policies and does not have either the time or resources to undertake timely reviews, it is queried whether Council needs policies in relation to these matters.? They are operational in nature; with procedures primarily based on the requirements of the State Records Act.? The time I spend in reviewing such matters is time that would otherwise be applied to more substantive issues such as the funding of the IWCM strategy; the management of Council?s budget and following up funding for road and bridge repairs following the 3 natural disaster declarations.? But ultimately this is a matter for Council.

 

Attachments:

There are no attachments for this report.

??


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.1????? SF959????????????? 060809???????? Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

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

 

 

 

Recommendation:

 

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

 

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

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.

 

Response to Council drafted.? Not received as at 6 July 2009.

 

DPI advise that response likely by 3 Aug 09


 

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.

 

No response as at 22 June 2009.

 

Consider no interest.? Prepare draft plan November 2009.

 

 

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:

 

Ellis Ave & Doyle Lane Landslips:

????? Survey complete. GHD site mapping complete. Lab testing completed.? Still need to clarify property boundaries.

 

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

DECEMBER 2008

 

6

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.

 

7

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

 

8

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.

Brief posted ? deadline 31 July 2009.

 

 

9

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.

 

Unit can be housed in a metal case on a pedestal with low impact.? This would allow demolition of brick building.? Manly Hydraulics Laboratory requested to provide indication costing.

 

 

FEBRUARY 2009

 

10

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

 

11

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?Cancelled

Now 13 July 2009

 

Country Energy advises:

??????? Council can nominate a future time to energise the lights rather than with subdivision release

??????? There have been a number of faulty light sensitive cells installed that are allowing lights to turn on during the day

??????? They will shortly be reconsidering energy saving street lamps for new and replacement situations

??????? The annual report from Country Energy will shortly be available.

 

A full report will be prepared on all these matters when the annual report arrives.

 

 


 

MARCH 2009

12

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

No response from RFS as at 23 June 2009.

Further letter sent to RFS 3 July 2009.

Acknowledgement letter from RFS received

9 July 2009 (TRIM16886/2009)

 

13

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.

 

Verbal advise that on-site assessment done.? No written notification 17 July 2009.

 

14

DA09/061

5/03/09

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

 

GM

Target report to Council in July 2009.? Report to consider priorities for contribution plan reviews.

 

Awaiting on Section 94 Coordinator, deferred to August 2009.

 

15

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.

 

Surveyor to identify services and boundaries.

APRIL 2009

16

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.? Listed for GPC on 19 August 2009.

 

17

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).

 

Committee of Management advised that vacancy of flat recommended by the report on the building?s fire safety (by letter on 23/6/09).

 

Further letter issued instructing that the flat be vacated (7 July 2009).

 

GM met with President of CoM and tenant during week ending 17/7/09.? Tenant looking for other accommodation.

 

GM and Grants Officer met with President of CoM on 22/7/09.? Business plan from CoM to be submitted within the next week.? Agreed on report to Council?s meeting on 20/8/09.

 

18

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.

 

Review will now have to be in accordance with new legislation.? Meeting date for Committee is 10 August 2009.

 

19

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.

 

DES to write to RTA requesting a program as to when they will make determinations and when emergency funds will be available.

 

Letter sent.

20

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 August 2009.

MAY 2009

21

SF851

7/05/09

That Council receive a report on progress and a timeline for completion of Stage 1 of the Climate Protection Program and that the report also identifies the staffing resources and funds needed to complete the project.

 

DES

To be considered with report on administrative staff due July 2009.

 

Deferred to August 2009 so that Consultative Committee is advised.

 

Report in business paper 6 August 2009.

22

SF959

07/05/09 & 4/6/09

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.

No response as at 6 July 2009.

Further follow up letter sent 27 July 2009

 

23

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 to Consultative Committee 8 July 2009 and Council 16 July 2009.? Consultative Committee meeting deferred to 21 July.? Report in August 2009.

24????????????

SF639

07/05/09

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

 

GM

Report to Consultative Committee 8 July 2009 and Council 16 July 2009.? Consultative Committee deferred to 21 July 2009.? Report in August 2009.

 

25

SF21

07/05/09

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

 

GM

August 2009

26

SF1213

07/05/09

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

 

DES

November 2009

Follow-up letter sent.

No reply at 17 July 2009

27

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

28

SF1213

07/05/09

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

 

DES

December 2009

29

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

30

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 18 June 2009.

No reply at 17 July 2009

31

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.

Formal responses requested from participants by end July 2009 for presentation to Access Committee before finalising policy.

Final report to Council in September 2009.

Final comments to be referred to Access Committee and final report to Council in September 2009.

 

32

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.

 

Positive progress being made with DECC rep.

 

33

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.

proceeding to provide 3 addition monitoring bores at the Cost of $3,000.

Defer until need determined.

JUNE 2009

34

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.

Preliminary concepts commenced.

35

SF639

4/6/2009

Review of Tourism Function

 

GM

Deferred to 16 September GPC

36

SF1131

18/6/2009

That the RTA be requested to contribute 50% of the funding to undertake repair of the landslip below Jason Cottages and the matter be reviewed at the budget review for the June 2009 quarter.

 

DES

To be considered at September 2009 GPC.

 

Letter sent to RTA.

 

Request refused.

37

SF750

18/6/2009

That the report on S138 applications, bonds and footpath specifications be deferred so as to enable more information to be provided on the standard of concrete

 

DEP

DES

Report to be resubmitted to July GPC meeting.

 

Deferred to August GPC

38

RF256

18/6/2009

That the RTA be requested to contribute 50% of the funding for the works required to stabilise Riverside Drive from landslip in addition to the Regional Road funding.

DES

Letter sent.

 

JULY 2009

39

SF769

2/7/2009

Council make representations in conjunction with Bellingen Shire Council to the RTA and Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road and seek a deputation to meet the Minister

 

GM

Letters drafted 6/7/09

 

Agreement obtained from Bellingen Council.? Agreement being sought from RTA.

40

SF736

2/7/2009

A review of the strategic direction for the Aboriginal Youth Worker project be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.

 

DEP

January 2010

41

SF225

16/07/09

That Council write to the NPWS concerning relocation of dingoes to Yarrahapinni/Way Way area.

 

GM

Letter sent 21/7/09

42

SF283

16/7/09

Option for a rebated access ramp in lieu of removal of podium in Council Chambers be put to the Access Committee.

DEP

Matter presented to Access Committee 28 July 2009.

43

SF544

16/07/09

Proposed road link between Alexandra Drive and Marshall Way ? Section 94 plan be deferred to allow the review of the works schedule to provide for an option which excludes the link road.? Advice to be sought from S94 Coordinator on possibility of obtaining a contribution from subdivision in Palmwoods to be applied to Bellwood Road and intersection (without the link road).

 

GM

Scheduled for Council meeting on 6/08/09

 

Meeting with Section 94 Coordinator on 30 July to be reported to Council 20 August 2009.

44

SF544

16/07/09

Council write to the Minister for Planning drawing her attention to the strong community and Aboriginal cultural objections to the proposed link road.

 

GM

Letter sent 30 July 2009.

45

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

46

SF1272

16/07/09

Council consider the need and cost of a consultant to identify and recommend improvements to existing records management practices in the 2010/11 budget.

 

GM

To be reported on in March 2010.

47

SF1213

16/07/09

Council be provided with a workshop to explain the making of rates and rating categories generally.

 

GM

Scheduled for GPC on 14/10/09

59

SF1185

16/07/09

That the tree planting plan be deferred so that Councillors can make comments to the DES so he may consider them in a further report to Council.

 

DES

 

48

SF923

16/07/09

New community infrastructure program funding ? that it be deferred to next GPC with alternatives to be put to DES by 30/7/09.

 

GM

Report listed for GPC on 19/8/09.

49

SF652

16/07/09

That the relocation of the Men?s Shed be deferred for an inspection and discussion with Showground Committee and to consider other potential sites, including area around Works Depot.

 

DES

 

50

SF741

16/07/09

Plant report be deferred and considered in the next Ordinary meeting in open meeting.

 

DES

Listed for Council on 6/08/09

51

SF741

16/07/09

Council persevere with improving the operator and equipment efficiency of the Paveliner for a further 6 months before receiving a report and assessing other options including pothole patching being undertaken by contractors.

 

DES

Report 6 August 2009.

52

SF741

16/07/09

Council receive a report on Paveliner performance in terms of cost per cubic metre & other relevant parameters and advice on improving performance.? Also options for addressing loose stone.? Comparative data to be provided.

DES

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.2????? SF1120??????????? 060809???????? Grant Application Status Report - 29 July 2009

 

AUTHOR/ENQUIRIES:???? Jenny Chance, Grants Officer ????????

 

Summary:

 

At Council?s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

 

 

Recommendation:

 

That the list of grant programs and their status to 29 July 2009 be received.

 

 

 

APPROVED GRANTS?SECURED BY GRANTS OFFICER

 

Grant

Funding Amount

Description

NSW Maritime ? Maritime Infrastructure Program

 

$? 53,220

Pontoon and Gangway at Lions Park, Ferry Street ? Macksville.

Pontoon and Gangway at Tourist Office Finger Wharf ? Nambucca Heads.

NSW Blackspot Program

$? 34,000

Pedestrian refuge at Bowra Street, Nambucca Heads.

Department of Families, Housing, Community Services and Indigenous Affairs ? Volunteers Grants Program

 

$? 11,179

Nambucca District Little Athletics ? Computer, camera and filing cabinets.

 

Nambucca Heads Junior Rugby League Football Club ? Coffee maker and a step ladder.

 

Nambucca Heads Touch Football ? Computer and a photocopier.

NSW Attorney General?s Department ? NSW Crime Prevention Grant

$? 54,527

Program to assist licensed premises to implement strategies towards a safer environment for women.

Department of Planning - NSW Coastline Cycleway Grants Program

$? 75,000

Funding for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads.

Department of Climate Change ? Local Adaptation Pathways Program

$140,000

Funding to assist councils to integrate climate change risk assessment into their broader decision-making processes. Joint application between Nambucca, Kempsey and Bellingen Shires.

Department of Sport and Recreation ? Capital Assistance Program

$?? 8,600

Nambucca Tennis Club lighting upgrade.

Department of Environment and Climate Change - Regional Regulated Area Council Grant

$? 14,000

To assist with costs associated with weighbridge at Nambucca Waste Management Facility

Department of Local Government ? Playground Upgrades

$? 19,551

 

Install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.

Department of Community Services (NSW) ? Area Assistance Scheme

 

$128,984

Marine Rescue Building ? Funding towards the construction of a new building

Unkya Reserve ? electrical upgrade and general repairs.

TOTAL

$539,061

 

SUBMITTED APPLICATIONS

 

 

Grant Program

Action

Grant Details and Status

1

National Emergency Volunteer Support Fund ? Emergency Management Australia (EMA), the Division within the Attorney-General's Department.

Funding basis: Fully Funded

Opens: Application Submitted

Closing: 6 March 2009

Outcome: Successful applications announcement in July 2009

Grant: $150,000

Council contribution: $0.00

 

GO

The National Emergency Volunteer Support Fund focuses on emergency management volunteers in recognition of their needs and the significant front line role they play in reducing vulnerability and enhancing community safety.

To ensure ongoing protection of communities it is critical that all volunteer agencies maintain their current levels of staffing and training.

The Australian Government is offering funding in 2009/10 through the National Emergency Volunteer Support Fund for projects which specifically address the recruitment, retention and training of volunteers.

Application submitted by Nambucca River Volunteer Marine Rescue Squad.

2

Country Halls Renewal Fund

 

Funding basis: 2:1

Opens: Currently Open

Closing: Always Open

Outcome:

 

Grant 1: $50,000

Council contribution: $0.00

 

Grant 2: $12,754.13

Council contribution: $6,377.07

 

Grant 3:: $17,052.00

Council contribution: $4,556.00

 

Grant 4:: $TBA

Council contribution: $0.00

 

Grant 5: $4,560.80

Council contribution: $0.00

 

Grant 6: $50,000

Council contribution: $0.00

 

Grant 7: 23,246.50

Council contribution: $0.00

 

Grant 8: TBA

Council contribution: $0.00

 

GO

$2.5 million over 5 years towards renewing country halls. The fund will be delivered by the Office of Rural Affairs.

 

Applications are currently being prepared for:

 

 

 

1) Argents Hill Hall ? Repairs

 

 

2) Nambucca Entertainment Centre ? External painting

 

3) Taylors Arm Hall ? Kitchen, flooring and windows

 

4) Burrapine Hall ? Repairs

 

 

5) Bowraville CWA Hall ? Painting and repairs

 

 

6) Nambucca Senior Citizens Hall ? Painting, flooring and repairs

 

7) Talarm Hall ? General repairs

 

8) Macksville Senior Citizens Hall ? General repairs

 

Notice of the program has been distributed to the Committees of Management for the halls

 


 

3

Norman Wettenhall Foundation

Funding basis: Fully Funded up to $10,000

Opens: Application Submitted

Closing: 31 March 2009

Outcome: Unsuccessful

Grant 1: $10,000

Council contribution: $0.00

 

GO

Support is given to projects that enhance or maintain the vitality and diversity of the Australian natural living environment.

 

The objectives of the Foundation are:

 

????? to build capacity in local communities to effect long-term beneficial change in the natural environment

????? to support and encourage research into, and monitoring of, all aspects of Australia's natural environment

????? to support education relating to our natural environment

????? Principles

 

Pre-approval to lodge a submission has been received for funding towards seating and signage for the Crosswinds Wetlands Reserve.? An application has been submitted.

 

4

The Department of Infrastructure, Transport, Regional Development and Local Government ? Indigenous Road Safety Grants

Funding basis: Fully funded up to $30,000

Opens: Application Submitted

Closing: 27 March 2009

Outcome: To be advised in June 2009

Grant: $30,000

Council contribution: $20,000

 

MTS/GO

The Department of Infrastructure, Transport, Regional Development and Local Government is now inviting applications for Indigenous Road Safety Grants for 2009-2010. One or more grants up to a total of $30,000 will be awarded to applicants for projects that will help improve road safety for Indigenous people.

 

Application forms and detailed information about the grants are available from the Department?s website.

 

Objectives

 

The grant is offered as a means to:

 

????? encourage innovative and worthwhile initiatives to help reduce road trauma affecting Indigenous people; and

????? increase the range of initiatives available to address road safety for Indigenous people.

 

An application has been prepared to fund engineering works, informative signage at Bellwood and a children's safety booklet.?


 

5

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

 

Funding basis: Fully funded

Opens: Application prepared

Closing: 30 April 2009

Outcome: TBA

Grant: $463,515

Council contribution: $14,040 (in-kind)

 

GO/

TOA

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.?

 

Eligibility criteria

 

Applications are open to providers of non-profit public or educational facilities for projects which:

 

? publicly demonstrate how water and/or energy savings can work

? stimulate investment in innovative ways to save, harvest and recycle water and/or reduce overall energy consumption (and related greenhouse emissions) and/or peak electricity demand.

 

An application submitted for funding towards lighting and air conditioning system upgrade in Council?s Administration Building and six outdoor solar lights.? This is complimented with funding towards a free community globe promotion and an educational information sheet.

 

6

Australian Government ? Caring for our Country funding

Funding basis: Fully funded

Opens: Application submitted

Closing: 6 March 2009

Outcome: TBA

Grant: $100,000

Council contribution: $14,000

 

GO

Caring for our Country funding

The Australian Government is now calling for investment proposals for projects that will meet the targets outlined in the Caring for our Country business plan 2009-10. Caring for our Country is an Australian Government initiative that seeks to achieve an environment that is healthy, better protected, well managed and resilient, and provides essential ecosystem services in a changing climate.

 

The Australian Government is seeking investment proposals for landscape-scale projects that achieve one or more targets in specific geographic locations or key assets.

Projects can be large, medium or small:

???? large-scale projects in the order of $20 million over four years

???? medium-scale projects of up to $3 million per annum (a value of $2-3 million would be expected for most medium-scale projects)

???? small-scale projects of between $20,000 and $100,000 per annum.

 

Council is working together with Landcare to submit an application that includes weed removal, field days, workshops and other on ground works and will involve a small devolved grant scheme for land owners and community groups.


 

7

Local Infrastructure Support Fund ? Building the Country Package ? Department of State and Regional Development ? Expression of Interest

Funding basis: Fully Funded

Opens: Application submitted

Closing: 20 March 2009

Outcome: Unsuccessful

Grant: $100,000

Council contribution: $0.00

GO/PO

$52 million over 5 years supporting infrastructure projects that are directly linked to economic development opportunities. The fund will be delivered by the Department of State and Regional Development.

 

Application submitted for infrastructure works at Macksville Saleyards.

8

NRMA ? Community Grants Program

Funding basis: Fully funded up to $5,000

Opens: Application submitted

Closing: 25 March 2009

Outcome: TBA

 

Grant 1: $4,998

Council contribution: $0.00

Grant 2: $5,000

Council contribution: $0.00

 

GO

The Community Grants Program provides funding to support community and not for profit organisations that are making our communities safer, particularly in the areas of crime prevention, road safety, emergency readiness and response, and the environment.

 

1) Funding towards solar hot water system at E J Biffin Fields

 

2) Funding towards production of brochure for Crosswinds

9

Jobs Fund

Funding basis: Fully funded

Opens: Application submitted

Closing: 22 May 2009

Outcome: TBA

 

Grant 1: $4,500,000

Council contribution: $TBA

 

Grant 2: $441,350

Council contribution: $75,000

 

GO/MTS/MWS

The Jobs Fund is a $650 million Australian Government initiative to support and create jobs and increase skills through innovative projects that build community infrastructure and increase social capital in local communities across the country. Through the Jobs Fund the Government will invest in one-off capital projects and provide seed funding for social enterprises. The Jobs Fund is a temporary resource. The aim of the Jobs Fund is to produce long-term improvements in communities affected by the global economic downturn. The Jobs Fund projects will focus on directly generating jobs for people in communities with already high unemployment levels, rising jobless rates or which are particularly vulnerable.

 

1) Funding towards Nambucca Sewerage Treatment Plant upgrade

 

2)? Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

 

 


 

10

Environmental Restoration and Rehabilitation Grants

 

Funding basis: Fully Funded up to $100,000

Opens: Currently Open

Closing: 29 May 2009

Outcome: TBA

Grant: $100,000

Council contribution: $0.00

 

 

GO/PO

The aim of the Restoration and Rehabilitation (R&R) program is to facilitate projects to prevent or reduce pollution, the waste stream or environmental degradation of any kind, run by community organisations and State and Local government organisations. Through these projects, we also aim to improve the capacity of communities and organisations to protect, restore and enhance the environment.

The Objectives of the Environmental Restoration and Rehabilitation Program are: 

 ?? to restore degraded environmental resources, including rare and endangered ecosystems 

 ?? to protect important ecosystems and habitats of rare and endangered flora and fauna 

 ?? to prevent or minimize future environmental damage

 ?? to enhance the quality of specific environmental resources

 ?? to improve the capacity of eligible organisations to protect, restore and enhance the environment to undertake resource recovery and waste avoidance projects and to prevent and/or reduce pollution.

 

Application prepared for Macksville Saleyards

13

Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) ? Ministry of Transport

 

Funding basis: Fully Funded

Opens: Currently Open

Closing: 25 June 09

Outcome: TBA

Grant: $173,825

Council contribution: $11,265

 

 

GO/MTS

The Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) is administered by the Ministry of Transport. It provides support funding to improve the amenity of passenger transport infrastructure in rural, regional and remote communities of NSW

 

Local government, incorporated community organisations, transport operators and other interested organisations that have a current Australian Business Number are eligible.

 

Application prepared for upgrade of Cook Street Interchange, Bowraville.

 


 

14

Regional Arts Fund

 

Funding basis: 1:1

Opens: Currently Open

Closing: 14 August 2009

 

Grant: $TBA

Council contribution: $TBA

 

 

GO

The Regional Arts Fund (RAF) is supporting sustainable cultural development in communities across regional, remote and isolated parts of Australia.

 

A key focus is to encourage the formation of productive partnerships to support home-grown arts activities and the creation of networks to reduce isolation, exchange ideas and publicise opportunities. 

 

The program also assists the professional development of, and provides employment opportunities for, artists based in regional areas.

Providing opportunities for community members to learn arts and broader skills is another RAF priority.  With RAF support, professional artists provide workshops and collaborate with community participants on a wide range of creative projects.

 

An application is being prepared to enhance the existing mosaic in Nambucca Heads and the addition of a new artwork.? The project will include a number of community workshops.

15

NSW Community Building Partnerships

 

Funding basis: Fully Funded for community groups, Council requires matching funds

Opens: Currently Open

Closing: 10 August 2009

 

 

 

 

Grant 1: $84,811 

Council contribution: $174,189

 

Grant 2: $TBA

Council contribution: $0.00

 

Grant 3: $TBA

Council contribution: $0.00

 

Grant 4: $TBA

Council contribution: $0.00

 

Grant 5: $TBA

Council contribution: $0.00

 

 

 

GO/

TOA

The NSW Government?s $35 million Community Building Partnership program will support local jobs, stimulate growth and improve community facilities.

 

Community groups and local councils across NSW will be eligible to submit applications for funding that will help support local infrastructure and jobs. Council can submit only one application.

 

The NSW Community Building Partnership will invest $300,000 into building local community projects in every electoral district ? with an additional $100,000 to be invested in electoral districts with higher unemployment.

 

Applications are currently being prepared for the following:

 

1) Amenities upgrade at Macksville Park and Hennessey Tape Oval ? Council application

2) Pioneer Community Centre ? works towards removing health and safety issues

3) Frank Partridge VC Military Museum ? New display facility

4) Macksville Tennis Club ? New courts surfaces

5) Nambucca River Volunteer Marine Rescue Squad


 

16

Department of Planning ? Infrastructure Fund

 

Funding basis: Interest Free Loan

Opens: Currently Open

Closing: 31 August 2009

 

Interest Free Loan: $16,000,000

Council contribution: Loan repayments over 10 years

 

 

 

GO/ MWS

The $200 million NSW Local Infrastructure Fund has been established as an 'interest free' loan scheme to bring forward infrastructure projects that are delayed due to a lack of funding.

 

The funding will provide an immediate local economic boost as water, sewer, drainage and roads infrastructure projects are provided for local communities.

 

The funding will also trigger construction in areas of high population growth and will assist in increasing the supply of serviced land for housing and employment.

 

The NSW Local Infrastructure Fund is a NSW Treasury Fund administered by the NSW Department of Planning.

 

Eligible projects:

 

Funding is provided for local projects that will support urban development ? typically roads and related infrastructure, stormwater, water and wastewater projects. Only projects costing at least $1 million will be funded.

 


FUNDING PROGRAMS RECENTLY OPENED OR SOON TO BE RELEASED ? FOR INFORMATION

 

 

Grant Program

Status

1

Building the Country Package

 

Funding basis: Various

Opens: Currently Open

Closing: Various

 

Building the Country Package announced by the Rees Government. 

 

The funding programs are designed to support people who live and work in country areas. 

 

2

Jobs Fund ? 2nd Round

 

Funding basis: Fully funded ? Council contribution highly regarded

Opens: Opening soon ? however as Nambucca Shire has recently been listed as a prioritised area, applications can be submitted at any time

Closing:

 

 

The $650 million is part of the Government?s Jobs and Training Compact.  The Jobs Fund will support and create jobs and improve skills, by funding projects that build community infrastructure and create social capital in local communities.

The Jobs Fund comprises three streams of funding:

 

$300 million Local Jobs stream to support community infrastructure projects with a focus on the promotion of environment-friendly technology and heritage

 

$200 million Get Communities Working stream for self-sustaining projects which create jobs and provide activities and services to improve community amenity

 

$150 million Infrastructure Employment Projects stream for investment in infrastructure projects which generate jobs in regions affected by the economic downturn.

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.3????? SF1301??????????? 060809???????? Delegations of Authority and Operating Arrangements for Community Based Section 355 Committees

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

On Wednesday 3 June 2009, Council conducted a well attended workshop for its Section 355 Committees covering the recently revised, ?Guide to Operations and Delegations of Authority?, as well as insurance and financial reporting issues.? In discussions a number of matters were raised.? These have now been investigated and as a consequence the following changes are recommended to Council?s, ?Guide to Operations and Delegations of Authority ? Section 355 Committees?.

 

 

Recommendation:

 

1??????? That the amendments to the Section 355 Committees, ?Guide to Operations and Delegations ????????? of Authority be adopted.

 

2??????? That Council advertise an amendment to the fees and charges to delete the insurance ????????? recovery charge for ?Occasional Hire of Council Property? and write to all Section 355 ????????? Committees advising them of this and recommending they increase their hall hire charges ????????? by an equivalent amount.

 

 

 

OPTIONS:

 

There are a range of options.? Council can adopt all of the recommended changes; some of them; or none of them.

 

 

DISCUSSION:

 

On Wednesday 3 June 2009, Council conducted a well attended workshop for its Section 355 Committees covering the recently revised, ?Guide to Operations and Delegations of Authority?, as well as insurance and financial reporting issues.? In discussions a number of matters were raised.? These have now been investigated and as a consequence the following changes are recommended to Council?s, ?Guide to Operations and Delegations of Authority ? Section 355 Committees?.? The proposed changes are summarised as follows.

 

Limitation of Powers

There was discussion concerning the payment of expenses incurred by Committee members in the conduct of the Committee?s duties.? Examples included telephone calls, postage and stationery, travelling to meetings and the like.? Section 2.2 of the Guide prevents the Committee from the payment of or making of any gift, to its members including the payment of allowances or travelling expenses incurred whilst attending Committee meetings.

 

The reimbursement of expenses such as telephone calls, postage and stationery is not prevented by this provision.? There was a question raised about attending to Committee business outside the Nambucca Valley.? It is recommended that the provision be amended slightly to provide as follows:

 

?2.2??? Limitation of Powers

 

d)?????? The payment or making of any gift, to its members.? This includes the payment of allowances or travelling expenses incurred whilst attending Committee meetings in the Nambucca Valley.?

 


Committee Positions

There was discussion that the restriction of a maximum of two (2) relatives in a family as office bearers on the same committee at the same time would be impracticable for some committees.? It is recommended that this provision be deleted but at the same time maintain the provision that 2 family members cannot be signatories to the same cheque.

 

Casual Hirer?s Policy

There was discussion and some confusion about the Casual Hirer?s policy and the coverage of markets and other ?for profit? activities which people want to undertake at hall venues.? As was made clear by Steve Kelly representing Council?s insurance broker Jardine Lloyd Thompson, the casual hirer?s policy does not cover hirers who are a sporting body, association, corporation, incorporated body or anyone who hires a facility for a commercial or profit making purpose.? This should be set out more clearly in the Guide.? The Guide also refers to casual hire to an individual being capped at 10 hirings per financial year whereas the policy provides for a cap of 12 hirings in a calendar year.

 

Council?s $60 charge per annum for casual hirer?s was also discussed.? The $60 charge applies for regardless of whether the hirer uses the premises once or a dozen times in a calendar year with its purpose being to defray the casual hirer?s insurance premium which Council pays.

 

For the 11 month period from July 2008 to the end of May 2009, Council?s income from the casual hirer?s fee was $1,909 compared to the annual premium of $2,948 (including GST).? The casual hirer?s are required to pay the fee at Council?s office in addition to paying the Section 355 Committee their hire charge together with any bond they may require.? There is obviously considerable effort required by the casual hirer to successfully ?navigate? this process and administrative effort by both the Section 355 Committee and Council staff in explaining the process and checking payments.? Given the relatively small quantum of money involved a preferable approach is for Council to waive the $60 fee from its fees and charges and instead suggest to the Committees they increase their hire charges by $60.? The revenue outcome in terms of hall/venue funding should be the same with considerably less administrative effort.

 

Media Statements/Releases

The Guide provides that Committees of Management cannot make statements to the media or make media releases without the approval of either the Mayor or General Manager.? There was discussion that the media are used generally to promote Committee activities and the requirement for approval is not practicable.? This is agreed and the provision has been removed.

 

Taylors Arm Sports Reserve

Representatives of the Committee of Management requested that their delegations extend to regulating primitive camping on the reserve.? The Plan of Management for the Reserve which was adopted in 2006 allows for up to 6 camping sites on the Reserve.? It is recommended that their delegations of authority be amended to provide for the regulation of such camping.

 

 

CONSULTATION:

 

The report has arisen out of consultation with representatives of Council?s community based Section 355 Committees.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

The effective operation of Council?s community based Section 355 Committees is important for the maintenance of many assets, and particularly halls.? The recommendations should improve the operational arrangements for the Committees.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a minor budgetary impact to Council being the loss of approximately $2,000 income from casual hirers.? However, if the Committees of Management increase their hall hire fees by an equivalent amount the funding available for hall and venue maintenance would be unchanged.

 

Provision for the loss of the casual hirer?s income will need to be identified in the quarterly budget review following the advertising and adoption of this change to the fees and charges.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.? The loss of the casual hirer?s income will need to be considered in a quarterly budget review.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.4????? PRF28????????????? 060809???????? Request for listing of the Pioneers Historic Well and Horse Trough situated in the Gordon Park Rainforest as Heritage Items

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council has received a request from the Nambucca District Historical Society and the Gordon Park Rainforest Walks Committee for the historic well and horse trough in Gordon Park to be identified as heritage items in Council?s local environmental plan.

 

The information supporting the request is accepted.

 

If the well and horse trough become heritage items, Council must take into consideration the likely affect of any proposed development on their significance and setting.? As they are located reasonably central to the Gordon Park rainforest with a curtilage defined by the remaining rainforest it is difficult to conceive that their listing as heritage items will have any impact on the development of surrounding, privately owned land.

 

 

Recommendation:

 

That Council identify the ?Pioneers Historic Well? and ?Horse Trough? in Gordon Park rainforest as heritage items in its Draft Shire Wide ?Template? Local Environmental Plan which is scheduled to be placed on public exhibition in 2009.

 

 

OPTIONS:

 

Council can decide whether or not to incorporate the well and horse trough in Gordon Park as heritage items in its local environmental plan.

 

 

DISCUSSION:

 

Council has received a request on behalf of two organisations, the Nambucca and District Historical Society/Headland Museum and the Gordon Park Rainforest Committee, that the Well and Horse Trough situated in the Gordon Park rainforest be identified as heritage items in Council?s Local Environmental Plan.

 

In support of the application, Edna Stride, Vice President of the Committees has submitted historical information as well as an assessment by Jean Philipson, former President of the Nambucca District Historical Society.

 

The following information comes from Evelyn Dorrough.

 

?The first mill in Nambucca was built by Jabez Buckman at Frog Hollow, (later called Log Hollow) this was circa 1876.? When Mr Hoborn came to do his first survey of the Village of Nambucca in 1876, Jabez Buckman had already built a wharf and mill at a cost of one thousand pounds.? He was allowed to lease eight furlongs of river frontage for a specified number of years.

 

Great grandson Augustus (Gus) Buckman of Urunga has told me that no mill owner of those times would even think of starting up without the sure knowledge of a source of good clean water for the mill boiler.? He is almost certain that his forebear would have had the well dug and lined by pit sawn timber before setting up the rest of the mill.? Jabez had been a mill owner for years before arriving at Nambucca Heads.? About the year 1876 when Jabez was setting up his mill, the Royal Tar was building built just around the next hill.

 

The timber from the ship was in the main pit sawn just a few yards up the gully (behind McClung?s house).

 

He also said that the early mills had a horse drawn water cart and man to look after it?

 

Eliza Sullivan said they used to get all their water from a spring and well on Gordon Park as did all the other worker?s families.? Gordon Park was not named as such in early days and the Gordons did not have much to do with it.? It was named after them because they had a hotel and shop and gave land and labour for a Protestant Church?.

 

Betty Bolton nee McMorrine said her family had a Mill on the site of the Foreshore Caravan Park and when their well ran dry they got water from Gordon Park.? She and her sisters, Ivy and Nellie had to row down to Gordon Park with milk or cream cans on board.? They had to carry them up to the well, bale the water into them and then carry them back to the boat?? She remembers the bullock drivers taking the bullocks up the gully to drink at the horse trough?

 

Alma Cox nee Pacey lived for a while in a little cottage near the Tennis Courts.? They had no tanks but had a 44 gallon drum in the kitchen.? It was the children?s job to go to the well and ale out the water into kerosene tins with wire handles.? This was then tipped into the drum, but some was spilt on the walk back home. ?The women from up the hills around would bring washing down and used the horse trough as wash tubs?

 

The first ?Victoria Hotel? later known as the ?Ranch? to the side of Gordon Park built about 1895 had a stable for guest?s horses.? A Swedish man Albert Raahauge was stableman and he used to lead the horse up the gully to the horse trough.? This was after 1915 as Albert had been a sailor on the ?Alma Doepel? before it was sold away from the North Coast in 1915??

 

Jean Philipson has provided the following assessment:

 

?It seems well established from the information gathered by Mrs Evelyn Dorrough, Historian, Nambucca District Historical Society that the spring and well situated in Gordon Park was a focal point of the early settlement of Nambucca Heads?

 

Fresh water was a necessity of life for domestic purposes and for the mills which were the main source of employment at the time.

 

Although the township was not gazetted until 1879, white settlement had been established as early as 1867.

 

As the township grew and developed the people were able to install their own water tanks and relied on these until a town water supply became available in the 1950s.

 

The site of the well gradually became forgotten and overgrown by bush??

 

Section 42 of the Nambucca Local Environmental Plan 1995 provides as its aims;

 

?a?????? to conserve the environmental heritage of the area of Nambucca; and

b??????? to integrate heritage conservation into the planning and development control processes; and

c??????? to provide for public involvement in the conservation of environmental heritage; and

d??????? to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings.

 

The assessment by Jean Philipson is supported.? The well and horse trough are also located in remnant littoral rainforest thereby linking important natural and built heritage.

 

The well and horse trough can be listed in the shire wide (template) local environmental plan which will hopefully be on public exhibition later this calendar year.

 

If the well and horse trough become heritage items, Council must take into consideration the likely affect of any proposed development on their significance and setting.? As they are located reasonably central to the Gordon Park rainforest with a curtilage defined by the remaining rainforest it is difficult to conceive that their listing as heritage items will have any impact on the development of surrounding, privately owned land.

 

 

CONSULTATION:

 

The matter has been discussed with Ms Edna Stride.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

It is important to identify and preserve important aspects of indigenous and non-indigenous history.? The well and horse trough are obviously important aspects of the early European settlement of Nambucca Heads.

 

Economic

 

There are no discernible economic implications.

 

Risk

 

There are no discernible risks.? Risks associated with vandalism exist whether or not the well and horse trough are identified as heritage items.? There may be more onus on Council to control and repair vandalism of heritage items under its control, but there will also be more opportunity for grant funding.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Source of fund and any variance to working funds

 

There will be no impact on working funds.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.5????? SF1321??????????? 060809???????? Request for Lease of Unused Part of Scotts Head Road Reserve

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer ????????

 

Summary:

 

Ms Lyndal Gregory of 15 Cookies Lane Scott?s Head has requested Council consider selling or leasing a portion of Scotts Head Road located between Scotts Head Road and Cookies Lane.? A location diagram is attached as annexure ?A? to this report.? The land is not fenced and is devoid of any structures or improvements.

 

Council is the Roads authority for Scotts Head Road pursuant to the Roads Act 1993.

 

Section 38 of the Roads Act 1993 precludes Council from closing a portion of unformed road with the intention of re-sale.

 

There are no legal impedients to leasing the land as requested.

 

Should council elect to lease the land provision would need to be made in the lease to ensure, amongst other things, that the land is adequately fenced at the cost of the lessee to prevent stock from accessing Scott?s Head Road.

 

Fencing, shelter , legal and administration costs for a Lease over say five? years would exceed the current average market rate for horse agistment.? Ms Lyndal Gregory is aware of this and has indicted that notwithstanding the estimated costs she is prepared to proceed with a Lease.

 

Council?s Engineering Department has advised that the unused portion of road is superfluous to Councils needs at this stage and for the foreseeable future.

 

 

Recommendation:

 

1????????? That Council agree in principal to the proposed lease of an area of approximately 4600m2 being the unused portion of road reserve between Scotts Head Road and Cookies Lane to Ms Lyndal Gregory and to exhibit a public notice inviting submission to the proposed Lease for a period of not less than 28 days.

 

2????????? That Council obtain a non refundable payment from Ms Gregory in the amount $325.00 in consideration for the anticipated administration and advertising cost to be incurred in processing her request for the lease

 

3????????? Subject to there being no objections to the proposed Lease that Council Lease an area of approximately 4600m2 being the unused portion of road reserve between Scotts Head Road and Cookies Lane to Ms Lyndal Gregory on terms to be agreed between the parties but including:

 

i)????????? A requirement for the Lessee, at the Lessees expense, to erect fencing around the perimeter of the identified land of a form and from materials satisfactory to Council.

 

ii)???????? A requirement for the Lessee at the Lessee expense to maintain the fencing around the perimeter of the identified lease area for the duration of the Lease so as to securely contain stock within the demised area.

 

iii)??????? A requirement for the Lessee to effect public liability insurance for the duration of the Lease for an amount not less than $20 Million and noting the interest of Nambucca Shire Council.

 

iv)??????? A requirement for the Lessee to meet all legal expenses associated with the preparation of the Lease.

 

v)???????? The term of the Lease to be 5 years.

 

vi)??????? The annual base rental for the leased area to be not less than $1,000.00 plus GST per annum.

 

vii)?????? The Lessee to advise Council at the commencement of each year of the number of horses to be agisted on the land for the ensuing year and the base rental to increase in an amount $260.00 Plus GST for each horse exceeding two horses.

 

viii)????? The provision of the Roads Act to otherwise apply.

????????????????

4????????? That Council authorise the General Manager and the Mayor to conclude negotiation of the terms of the lease for the area of approximately 4600m2 being the unused portion of road reserve between Scotts Head Road and Cookies Lane to Ms Lyndal Gregory and to execute any and all documents required to give effect to the Lease.

 

5????????? That Council authorise the affixing of Council Seal to the Lease for the area of approximately 4600m2 being the unused portion of road reserve between Scotts Head Road and Cookies Lane to Ms Lyndal Gregory.

 

6????????? That Council obtain a valuation on a hectare basis for leasing land for grazing purposes.

 

 

 

OPTIONS:

 

Refuse the request and leave the land unused.

 

Close the portion of road, whereupon the land would be vested in the Crown and allow Ms Gregory to negotiate with the Crown (Note:? There is no rational economic reason for Council to pursue this option).

 

 

DISCUSSION:

 

Ms Lyndal Gregory is one of the registered proprietors of 15 Cookies Lane. Ms Gregory?s land abounds? Cookies Lane adjacent to a portion of unused road forming part of Scotts Head Road. ? see annexure ?A?.

 

Ms Gregory has requested Council consider either selling or leasing the portion of unused land to enable her to agist her horses. ?Ms Gregory currently owns one horse which is soon to foal. Ultimately she expects to hold up to four horses.

 

The land is devoid of any structures or improvements and is not fenced.

 

Ms Gregory has advised that in the event Council favour the proposal it is her intention to:

?

1??????? Erect stallion proof fencing to the perimeter of the proposed lease area to prevent stock access to Scotts Head Road;

2??????? Erect relocatable shelters and small water tanks to service the agisted animals;

3??????? Obtain public liability insurance.

 

Authority to sell or lease portions of unused road

 

Section 38 of the Roads Act provides that land comprising a former road in the case of a public road that was previously vested in a Council (other than a public road in respect of which no construction has ever taken place), remains vested in the Council, and in any other case, becomes vested in the Crown as Crown land.

 

As this portion of the road is unformed, upon closure title would vest in the Crown and Council therefore would be precluded from dealing with it by way of sale or transfer.

 

The request to purchase the land should be refused.

 

????? Division 2 Section 153 - 157 of the Road Act makes provision for short term leases of unused public road. The term of the Lease may not exceed 5 years and may only be granted after a prescribed public notification period of not less than 28 days.

 

????? There are therefore no legal impediments to Council leasing the unused portion of Scotts Head Road, subject of course to no opposition being presented in the prescribed public notification period.

 

Issues to consider:

 

Council should consider the following in determining a response to Ms Gregory?s request:

 

1????????? This portion of Scotts Head road is on a crest and that the speed limit is un-restricted up to 110 km per hour. ?Being a rural road there is no street lighting.

 

2????????? The land is unfenced.? A Lease Agreement would need to stipulate that the land be fenced, at the lessees expense (at no costs to Council) to a standard deemed sufficient to prevent stock from accessing Scotts Head Road.

 

3????????? Despite the relative simplicity of the proposed lease administrative requirements including lease and insurance reviews, billing and accounting will need to be recouped under the lease. I estimate that an annual rental in the order of $500.00 + GST would not be unreasonable in consideration of the administration requirements ( this equates to approximately 7 hours of work per annum at the charge rate for professional services).

 

4????????? It would not be unreasonable to realise a return on the land.? I am advised that currently agistment for horses can range between $5.00 per head per week to $30.00 per head per week.? Accounting for the lesser amount, agistment for the number of horses that Ms Gregory proposes would equate to between $500.00 and $1,000.00 per annum.

 

5????????? Legal and advertising costs should be met by Ms Gregory.? I would propose that a retainer be paid by Ms Gregory for the anticipated administration and public advertising costs to be incurred in processing her request, such amount to be not less than $325.00 dollars (being approximately 2.5 hours of administration fees and $150.00 of advertising costs).

 

6????????? Ms Gregory to effect Public Liability Insurance in the amount $20 Million noting councils interest in the amount? $20 million.

 

The above cost estimates have been discussed with Ms Gregory who has advised that she is prepared to meet the above expenses and has in fact accounted for these expenses in her budgeting.

 

 

CONSULTATION:

 

Director Engineering Services ? Nambucca Shire Council

Surveyor ? Nambucca Shire Council

Stock & Station Agents A J Gallagher

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Ms Gregory has advised that she intends to request the Rural Fire Service to attend the property to back burn as a means of clearing the undergrowth on the land.

 


Social

 

The recommendations do not give rise to any social issues.

 

Economic

 

Councillors will note an emphasis on the Lessee paying out of pocket expenses and administration costs to be incurred? as a consequence of the Lease.

 

Risk

 

The recommendations do not give rise to any foreseeable risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation provide for a small return on the land and endeavour to recoup all costs from the end user.

 

Source of fund and any variance to working funds

 

There will be no variance to working funds other than the proposed net income stream.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.6????? SF312????????????? 060809???????? Section 355 Committee of Management - Request for Name Change - Gordon Park Tennis Centre

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

There currently exists the Nambucca Heads Tennis Club and the Nambucca Head Tennis Club Committee of Management, the latter being the Committee which looks after the Tennis Courts and amenities.

 

Council has received a request from the Nambucca Heads Tennis Club Committee of Management?a Section 355 Committee?to change the name to the Gordon Park Tennis Centre.

 

 

Recommendation:

 

That Council endorse the request to change the name of the Nambucca Heads Tennis Club Committee of Management to the Gordon Park Tennis Centre Committee of Management.

 

 

OPTIONS:

 

Council has the option of not agreeing to the request.

 

 

DISCUSSION:

 

Council has received a request from the Committee of Management to change the name of the Nambucca Heads Tennis Club Committee of Management to Gordon Park Tennis Centre Committee of Management to distinguish it from the Nambucca Heads Tennis Club as the same name for two Committee was causing confusion, for example, with bookkeeping arrangements, as the Committee members are the same for each Committee.?

 

The Committee of Management is responsible for the care, control and maintenance of the tennis courts and amenities.

 

Since the actual Nambucca Heads Tennis Club has been so called for approximately forty years, it is less complicated to rename the Committee of Management.

 

 

CONSULTATION:

 

The General Manager

Mr John Tait, Secretary Nambucca Heads Tennis Club Committee of Management

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Changing the name of the Committee of Management will have no effect on the environment.

 

Social

 

The Nambucca Heads Tennis Club has been thus named for over forty years and the Club wishes to retain this name.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk associated with the name change.

 

FINANCIAL IMPLICATIONS:

 

There are no financial implications.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.7????? SF1321??????????? 060809???????? Request that the Nambucca Shire be declared a genetic engineering free zone

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

In November 2006, the Nambucca Valley Conservation Association (NVCA) received a grant of $32,708 from the Natural Heritage Trust to produce educational kits for the community and schools of the valley about the controversial and topical issue of Genetic Engineering (GE) in our agriculture and food.

 

Council and Councillors have now received copies of the report and information booklet.

 

The NVCA requests that Council adopt a precautionary approach by rejecting the release of any genetically engineered organisms within its jurisdiction and declare the Nambucca Shire a genetic engineering free zone.? NVCA also asks Council to work with neighbouring councils to have them join the GE Free Shires movement and thus maintain the integrity and financial viability of organic and non GE agricultural enterprises in the Mid North Coast.

 

It is recommended that Council include appropriate question/s in the next community survey to gauge the community?s attitude to a GE free declaration.? In the interim it is recommended that Council simply note Risk Assessment and Risk Management Plans (RARMPs) which may be referred to Council in relation to applications to release of genetically modified organisms (GMO?s.)

 

 

Recommendation:

 

1??????? That Council include appropriate question/s in the next community survey to gauge the ????????? community?s attitude to a GE free declaration.

 

2??????? That pending the outcome of the community survey, Council take no action in relation to ????????? Risk Assessment and Risk Management Plans which may be referred to Council by the ????????? Office of the Gene Technology Regulator in relation to applications to release genetically ????????? modified organisms.

 

 

OPTIONS:

 

It is open to Council to make a declaration that the local area should be a GE free zone.? The declaration would be a statement by the community about its attitude to genetic engineering.? However as local government has no constitutional responsibility for the regulation of genetically modified organisms, the declaration, of itself would have not remove the risk of GMO?s being released in the area.

 

Alternatively Council may support the current regulatory arrangements for the assessment of GMO?s and their release into the environment.

 

Another viewpoint is that the release of GMO?s is not a matter for local government and regardless of the merits or otherwise of genetic engineering, Council should not be involved.

 

The alternative viewpoint to that is that the community through its local Council should be able to express an opinion about controversial and topical issues so that it can be communicated to State and Federal Governments.? Council does make representations to the State and Federal Government in relation to many matters which are outside its constitutional responsibility eg, health, policing, education, and the Pacific Highway to name a few.? Accordingly it is recommended that Council seek the community?s view concerning a GE declaration.


 

DISCUSSION:

 

In November 2006, the Nambucca Valley Conservation Association (NVCA) received a grant of $32,708 from the Natural Heritage Trust to produce educational kits for the community and schools of the valley about the controversial and topical issue of Genetic Engineering in our agriculture and food.

 

According to the NVCA the project, ?specifically looks at how this technology is not sustainable, poses huge risks to the environment and human health and actually threatens the ability of growers to choose and continue using organic methods which are clean, green and sustainable?.

 

Council and Councillors have now received copies of the report and information booklet.? The information was researched and presented by the NVCA?s consultants, Kelly A Tudhope, LLB/BSocSc (NZ) and Associate Professor, Alastair S. Gunn, DPhil and BA (Sussex).? The NVCA advise that the consultants have been publishing internationally on the issue of genetic engineering since 2001.

 

The NVCA encourages Nambucca Shire Council to consider the report and the recommendations contained therein.? In particular, the NVCA requests that Council adopt a precautionary approach by rejecting the release of any genetically engineered organisms within its jurisdiction and declare the Nambucca Shire a genetic engineering free zone.? NVCA also asks Council to work with neighbouring councils to have them join the GE Free Shires movement and thus maintain the integrity and financial viability of organic and non GE agricultural enterprises in the Mid North Coast.? A copy of the NVCA?s letter is attached.

 

Council has received a number of reports over the past 3 years in relation to the release of genetically modified organisms and also in response to lobbying from groups, including Gene Ethics, seeking declarations from Councils that their jurisdictions be GM free zones.? Council has previously sought advice from the Australian Government?s Office of the Gene Technology Regulator into such declarations.

 

The Gene Technology Regulator has advised that the Gene Technology Act 2000, in conjunction with corresponding State and Territory legislation, underpins the national scheme for the regulation of live and viable GMOs (genetically modified organisms) in Australia.? The object of the Act is: ?to protect the health and safety of people, and to protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs?.? The implementation of the scheme is overseen by the Gene Technology Ministerial Council, which comprises representation from all Australian jurisdictions.? The Regulator is an independent statutory office holder who administers the Act and has extensive powers to monitor and enforce the legislation.

 

The Regulator?s assessments of licence applications proposing the release of a GMO involve the preparation of a risk assessment and risk management plan in accordance with the requirements of the Act.? The Regulator advises that they apply a risk analysis framework based on the internationally recognised Australia-New Zealand Standard on Risk Management and include a comprehensive and critical assessment of data supplied by the applicant, together with a thorough review of other relevant national and international scientific literature.

 

The Act requires the Regulator to seek advice on each risk assessment and risk management plan (RARMP) from a wide range of experts, agencies and authorities and to invite submissions from members of the public.? The RARMP is finalised taking into account any issues raised during the consultation process relating to risks to people or the environment, and then forms the basis of the Regulator?s decision on whether or not to issue a licence.

 

Council has been previously advised that its staff have no specific expertise in relation to the issues raised by the NVCA and bodies such as Gene Ethics.

 

It is a matter for Council as to what role, if any, it wishes to have in relation to GMO?s.? The purposes of the Local Government Act 1993 and Council?s Charter under the Act leave open a role for Council in relation to the issue, particularly if the issue of GMO?s is linked to the overall obligation of ensuring ecologically sustainable development.

 

Considering the issue has some profile in the community and given the persistent lobbying from groups opposed to GMO?s and the fact that the legislated regulatory process overseen by the Gene Technology Regulator is not accepted by those groups, it is recommended that Council seek the views of the community as to whether or not Council should declare the area a ?genetic engineering free zone?.

 

The views of the community can be sought in a number of ways but it is recommended that an effort be made to seek a view which is representative of the majority of the community.? This can be achieved by either incorporating a question in Council?s next community survey or conducting a poll (plebiscite) at the next election in 2012.

 

The cost of incorporating a question concerning a GE free declaration in a community survey, which is also being conducted for other purposes, would be minimal.? The last community survey was conducted in November 2007 and it will be recommended that another survey be conducted in late 2010.

 

Section 14 of the Local Government Act 1993 provides that Council may take a poll of electors for its information and guidance on any matter.? For reasons of reducing cost and maximising participation, polls are generally held in conjunction with a local government election.? Voting on a poll issue is not compulsory and the result of the poll is not binding on the council.? The conduct of a poll has been discussed with staff of the NSW Electoral Commission.? The estimated cost of conducting a poll at the 2012 election would be $10,000.

 

Given the costs it is recommended that Council include appropriate question/s in the next community survey to gauge the community?s attitude to a GE free declaration.

 

In the interim it is recommended that Council simply note Risk Assessment and Risk Management Plans (RARMPs) which may be referred to Council in relation to applications to release GMO?s.

 

 

CONSULTATION:

 

There has been consultation with the NSW Electoral Commission in relation to the conduct of a poll at the Council election which is due in 2012.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is considerable debate in relation to the sustainability of genetically modified organisms.? The Nambucca Valley Conservation Association believes that genetic engineering is ecologically unsustainable and unacceptable as it threatens human health, ecological integrity and economic viability.

 

Social

 

The Nambucca Valley Conservation Society and other groups believe that genetic engineering threatens human health.

 

Economic

 

It is argued by the Nambucca Valley Conservation Society that organic agriculture will increase economic opportunities.

 

Risk

 

There is considerable debate concerning the risks associated with genetic engineering and the extent to which they can be controlled by regulatory regimes.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Assuming Council undertakes a community survey in late 2010, the recommendation will have no impact on the budget.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

16808/2009 - Request for a genetic engineering free zone

 

?

?


Ordinary Council Meeting - 6 August 2009

Request that the Nambucca Shire be declared a genetic engineering free zone

Attachment 1

16808/2009 - Request for a genetic engineering free zone

 


?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.8????? SF382????????????? 060809???????? Scotts Head Masterplan - Deferred Item from 15 July 2009 General Purpose Committee Meeting

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Scotts Heads Masterplan report was deferred at Council's General Purpose Committee meeting on 15 July 2009.? A copy of the report is attached.

 

 

Recommendation:

 

That Council now consider the recommendations of the Scotts Head Masterplan report meeting held prior to Council's Ordinary Meeting on 16 July 2009:

 

Recommendation:???????? (Ainsworth/Flack)

 

1??????? That a business plan be prepared to identify the cost/benefit of the Masterplan to Council; the Lands Department and the community.

 

Recommendation:???????? (Flack/Smyth)

 

2??????? That the business plan include the cost/benefit analysis for scenarios that include Council and the Department managing their respective land separately;? Council's land being vacated (ie no long term casuals); and leasing the existing land occupied by the long term casuals to the Department.

 

Recommendation:???????? (Hoban/Ainsworth)

 

3??????? That Council generally support the principles listed in the recommendation.

 

Recommendation:???????? (Hoban/Court)

 

4??????? That any additional comments from Councillors be provided to the Director Engineering Services or to the Mayor within seven days so they may be presented at the Project Facilitation Team meeting.

 

 

 

 

OPTIONS:

 

Delegates to the Project Facilitation Team to determine best options.

 

 

DISCUSSION:

 

Item 10.3 ? Scotts Head Masterplan was deferred at the General Purpose Committee meeting of 15 July 2009 to be discussed by Council the following Thursday 16 July 2009 commencing at 4.15 pm, prior to Council's Ordinary Meeting.

 

All Councillors were present for this meeting with Cr Finlayson arriving at 4.36 pm who apologised for his lateness.

 

The meeting procedures are as follows:

 

Motion:??????? (Ainsworth/Flack)

That a business plan be prepared to identify the cost/benefit of the Masterplan to Council, the Lands Department and the community.

 

Amendment:????????? (Moran/Flack)

That Council has nothing to do with the Lands Department and we do with our land as we see fit and the Lands Department likewise.

 

The amendment was LOST and the motion became the recommendations which was:

 

Recommendation:? (Ainsworth/Flack)

That a business plan be prepared to identify the cost/benefit of the Masterplan to Council; the Lands Department and the community.

 

Recommendation:? (Flack/Smyth)

That the business plan include the cost/benefit analysis for scenarios that include Council and the Department managing their respective land separately;? Council's land being vacated (ie no long term casuals); and leasing the existing land occupied by the long term casuals to the Department.

 

Motion:??????? (Hoban/Ainsworth)'

That Council generally support the principles listed in the recommendation.

 

Amendment:????????? (Flack/South)

That Council generally support the principles listed in the recommendation with an additional principle that there be no loss of trees.

 

The amendment was LOST and the motion became the recommendation which was:

 

Recommendation:? (Hoban/Ainsworth)

That Council generally support the principles listed in the recommendation.

 

Recommendation:? (Hoban/Court)

That any additional comments from Councillors be provided to the Director Engineering Services or to the Mayor within seven days so they may be presented at the Project Facilitation Team meeting.

 

 

CONSULTATION:

 

All Councillors

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Considered in Masterplan.

 

Social

Considered in Masterplan.

 

Economic

Considered in Masterplan.

 

Risk

Joint agreement of the parties is necessary to ensure a workable proposal.


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Source of fund and any variance to working funds

 

Attachments:

1View

16544/2009 - Scotts Head Masterplan

 

?

?


Ordinary Council Meeting - 6 August 2009

Scotts Head Masterplan - Deferred Item from 15 July 2009 General Purpose Committee Meeting

Attachment 1

16544/2009 - Scotts Head Masterplan

 

Director of Engineering Services Report

ITEM 10.3??? SF382????????????? 150709???????? Scotts Head Masterplan

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 


 

Summary:

 

Council comment is required on the due process and the area of agreement and disagreement prior to the meeting of the Project Facilitation Team (PFT).? A workshop session will be conducted with this report.

 

 


 

Recommendation:

 

1????????? That Council agree to move forward with the Scotts Head Masterplan based on the adopted redevelopment meeting the principals:

 

??????????? a)??? retaining ownership of public land other than Crown Land

??????????? b)??? creating a financially viable business

??????????? c)??? that the Scotts Head community benefit from improved public facilities

??????????? d)???????? an opportunity exists to support local business through consistent visitor numbers

??????????? e)??? a high degree of acceptance by the community.

 

2????????? That the results of the Workshop be conveyed to the Project Facilitation Team.

 

 


 

OPTIONS:

 

1??????? Workshop to determine Council?s position.

2??????? Delegates to the Project Facilitation Team (PFT) to determine best options at the meeting.

 

 

DISCUSSION:

 

The next step in the consideration of Scotts Head Draft Masterplan is a meeting of the PFT at Taree (11.00 am Friday 7 August 2009) to work through the issues.? Council?s PFT representatives are the Mayor and Director Engineering Services.

 

This workshop will be used to provide guidance to the representatives prior to the meeting.? A flow chart has been provided that looks at the questions each organisation needs to address to move forward.? This will be worked through at the meeting.? In addition, the list of issues that were raised by those making submissions is attached.

 

Based on the numbers, the following issues are the main ones:

 

a)?????? Support for increasing the day use area (Issues 1, 2)

b)?????? More car parking (Issues 6, 7, 8, 9)

c)?????? Upgrade beach access (Issues 13)

d)?????? Support Village Green (Issues 16, 17, 18)

e)?????? Remove long-term casual occupants (Issues 19, 20, 21, 24)

f)??????? Support new entry into Caravan Park (Issues 31, 32, 35, 36)

g)?????? Keep open space on oval (Issues 40, 43, 44)

h)?????? Prefer keeping camping sites to extra cabins (Issues 47, 48, 49, 50)

i)??????? Considered that losing sites will adversely affect local businesses (Issues 56, 58)

j)??????? Do not change zoning to 6(c) Private Recreation from 6(b) Public Recreation (Issues 63, 64)

k)?????? Council to retain ownership of public land (Issues 65, 66)

l)??????? Stormwater through the reserve needs upgrading (Issue 77)

m)????? Allocate land for extra tennis courts (Issue 78)

n)?????? Retain trees and increase plantings (Issue 84).

 

These are overriding principals that should guide the direction taken which in turn will address the issues.? I have nominated these as:

 

i)??????? Council retains ownership of public land already being managed

ii)?????? Any redevelopment must result in a financially viable business with the opportunity to provide funding into the local community

iii)????? The Scotts Head community should benefit from improved facilities

iv)?????? Local businesses should have the opportunity to benefit from the presence of strong visitor numbers

v)?????? There is a high community acceptance of the adopted Masterplan.

 

The public consultation was conducted by the Department of Lands.? The Department has provided a copy of all submissions received and these are circularised.

 

Council sought further information relating to previous land ownership.? Seven steps of changing ownership and subdivisions have been identified and a summary as Appendix 1 with plans is attached.? ?The land is correctly identified as Crown Land, Public Reserve and Private and has no impact on the decision making.

 

One other matter affecting the land is the existence of Park Street.? This has been formally closed.? Plans dated 1974 show the closed road.

 

Ocean Street and Short Street did not formally join.? The road would have partly been across Crown Land.? A public road was created to rectify this in 1982 (DP 43118).? See Appendix 2.

 

CONSULTATION:

 

1??????? Community consultation completed

2??????? Department of Lands

3??????? Consultants ?Integrated Site Design?

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Considered in Masterplan.

 

Social

Considered in Masterplan.

 

Economic

Considered in Masterplan.

 

Risk

Joint agreement of the parties is necessary to ensure a workable proposal.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Subject to negotiations.? Land use will determine proportion of cost and income.

 

Will become a permanent budget consideration if implemented.

 

 

Source of fund and any variance to working funds

Subject to negotiations.

 


Attachment ? Appendix 1

Survey History of the Adin Street Reserve, Scotts Head

 

1???????????????? Vol 6337 Fol 108

?????????????????? 3 August 1951

?????????????????? New owners are G Wall, C Randle, H Lane, R Carney and F Offner

?????????????????? Cancelled

 

2???????????????? Vol 6367 Fol 108

?????????????????? 19 June 1969

?????????????????? New Owner is Shire of Nambucca

 

3???????????????? Lease

?????????????????? 25 May 1971

?????????????????? Part of Land leased to

?????????????????? Bowling Club

?????????????????? Cancelled

 

4???????????????? DP 567478

?????????????????? 4 March 1973

?????????????????? Two lot subdivision comprising

?????????????????? Lot 1 (Bowling Club) and Lot 2

?????????????????? Remainder

?????????????????? Cancelled

 

5???????????????? DP 607046

?????????????????? 9 January 1980

?????????????????? Minor adjustment of the

?????????????????? Boundary of Lot 1 and 2 now

?????????????????? called Lots 11 and 12.

?????????????????? cancelled

 

6???????????????? DP 622709

?????????????????? 24 February 1981

?????????????????? Lot 12 now subdivided in

?????????????????? Lot 103 Public Reserve, small

?????????????????? Section of road widening near

?????????????????? Short Street and the residence

?????????????????? Lot 104

?????????????????? CANCELLED

 

7???????????????? DP 722566

?????????????????? 14 October 1987

?????????????????? The Public Reserve absorbed

?????????????????? Into the Crown Land

 

The end result is that the land occupied by the Bowing Club, Caravan Park and Adin Street Oval is also the land owned by each Authority.

 


Ordinary Council Meeting - 6 August 2009

Scotts Head Masterplan - Deferred Item from 15 July 2009 General Purpose Committee Meeting

Attachment 1

16544/2009 - Scotts Head Masterplan

 

Attachments:

1View

16541/2009 - Appendix 1

 

2View

16539/2009 - Appendix 2

 

3View

13835/2009 - Scotts Head Masterplan - Table of Issues

 

4

Circularised Document - Submissions as distributed for the General Purpose Meeting of 17 June 2009

 

?

 

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.9????? SF640????????????? 060809???????? Berrigan Shire Council - Request for Assistance with Legal Costs

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

Council has received a request for financial assistance with legal costs on behalf of Berrigan Shire Council.? A joint Committee of the Local Government and Shires? Associations believes that a court determination of a class 1 appeal in the Land and Environment Court is of such significance to warrant Councils in NSW providing financial support.? This Council?s contribution would be $322.47.? It is not recommended that Council make a contribution towards Berrigan Shire Council?s legal costs.

 

 

Recommendation:

 

1??????? That Council not make a contribution towards the legal costs of Berrigan Shire Council.

 

2??????? That the General Manager be provided with delegated authority to refuse but not approve ????????? such requests for contributions towards Councils? legal costs.

 

 

OPTIONS:

 

Council can elect to make a contribution of $322.47 towards the legal costs of Berrigan Shire Council.

 

 

DISCUSSION:

 

From time to time Council receives requests for financial assistance for legal costs incurred by other Councils.? The Local Government and Shires Associations have a practice whereby they consider applications for legal assistance and provide endorsement for a request for contribution from other Councils.? A Joint Committee of the Associations makes a determination as to the significance of the decision to other Councils and then circulates a request for a contribution based on the formulae used to determine Association fees.

 

A copy of a recent request from the Associations on behalf of Berrigan Shire Council is attached.? The requested donation towards that Council?s legal fees of $66,848 is $322.47.

 

It is a matter for Council as to whether they wish to make a donation to Berrigan Shire Council?s legal costs.? However Nambucca Shire Council has no knowledge of the circumstances which gave rise to the planning issue or how the matter was conducted.? Indeed the letter suggests that the policy issues posed by the Class 1 appeal are still not satisfactorily resolved.? For these reasons it is not recommended that Council make a contribution towards Berrigan Shire Council?s legal costs.

 

 

CONSULTATION:

 

There has been consultation with the Mayor as to whether such requests should be dealt with under delegated authority or referred to Council.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no discernible implications for the environment.


 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The most likely risk is that a request by this Council for similar financial assistance may be less likely to be supported by other Councils.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a minor impact on Council?s budget of $322.47.

 

Source of fund and any variance to working funds

 

The requested donation can be met from the current budget.

 

Attachments:

1View

18303/2009 LGSA Request for Assistance with legal costs

 

?

?


Ordinary Council Meeting - 6 August 2009

Berrigan Shire Council - Request for Assistance with Legal Costs

Attachment 1

18303/2009 LGSA Request for Assistance with legal costs

 


?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.10??? SF1102??????????? 060809???????? Draft Integrated Water Cycle Management (IWCM) Strategy - Assessment of Alternatives

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The draft Integrated Water Cycle Management (IWCM) Strategy is on public exhibition until 7 August 2009.? The attendance at the information sessions was disappointing with 8 members of the public attending the 2pm session with none attending the 6pm session.

 

In flagging a possible extension of the community engagement process it is recommended that advice be sought on the possible consequences of not proceeding with draft IWCM strategy, including the proposed Bowraville off river water storage.? It is proposed that the advice be sought from Council?s solicitor and also from the Department of Water and Energy so as to provide both legal and technical perspectives.

 

Given the obvious financing issues for the IWCM at a 1% population growth rate it is also recommended that Council formally seek a $20m grant from the Commonwealth Government and that a meeting be sought with the Minister for Climate Change and Water, the Parliamentary Secretary and/or advisers to put forward Council?s case.? It is recommended that the grant request be set at $20m.

 

 

Recommendation:

 

1??????? Council seek advice from its solicitor as to the possible legal consequences of not ????????? proceeding with draft IWCM strategy, including the proposed Bowraville off river water ????????? storage.

 

2??????? Council seek advice from the Department of Water and Energy as to the consequences of ????????? not proceeding with the draft IWCM strategy and specifically as to whether there are any ????????? feasible alternatives to providing drought security without securing water from another ????????? source, ie water storage, piping from another catchment, desalination etc.

 

3??????? Council formally seek a grant of $20m from the Commonwealth Government for the ????????? implementation of the IWCM and that a meeting is sought with the Minister for Climate ????????? Change and Water, the Parliamentary Secretary and/or advisers to put forward Council?s ????????? case.

 

 

OPTIONS:

 

The following provides some context to the consideration of options.

 

Council will shortly have spent approximately $5m to achieve the draft Integrated Water Cycle Management (IWCM) Strategy as well as the concept design and environmental impact statement for the Bowraville off river water storage.? This design work and the EIS will date with changes in technology, assessment techniques and legislation.? The revised cost estimate which will shortly be released based on an assessment of the concept design by a quantity surveyor will quickly date.

 

The State Government has indicated that funding will be made available under the Country Towns Water and Sewerage Program for the off river water storage.? Based on Council?s current design parameters for this scheme the estimated level of subsidy is 31 percent.? This subsidy will not be available indefinitely as the State Government has announced that the scheme is to be wound up.

 

With the experience of the 2002/2003 drought; the completion of the draft IWCM strategy and the related hydro-geological and engineering investigations into the borefield, there is now a considerable body of expert evidence that the Nambucca Valley does not have a water supply which has adequate drought security.


In general terms Council has the following options:

 

1??? adopt the draft IWCM strategy including the construction of the Bowraville off river water storage

2??? seek some changes to the draft IWCM strategy, for example to make it more affordable

3??? seek additional government subsidies to make the draft IWCM more affordable

4??? a combination of options ? being 1 and 3 or 2 and 3

5??? not adopt the draft IWCM strategy and do nothing.

 

The purpose of this report is to obtain further information in relation to option 5 whilst also moving forward with option 3.? There will be an opportunity to conduct a value management workshop at the conclusion of the concept design which can address option 2.

 

 

DISCUSSION:

 

The draft Integrated Water Cycle Management (IWCM) Strategy is on public exhibition until 7 August 2009.? An information brochure has been circulated with the recent water rates and two community information sessions were conducted in the Council Chambers on 22 July 2009, one at 2pm and a second at 6pm.? The attendance at the information sessions was disappointing with 8 members of the public attending the 2pm session with none attending the 6pm session.? At the date of preparing this report about 30 feedback forms had been returned compared to approximately 8,000 circulated with the water rates notice.

 

With the exhibition period due to be finalised on 7 August 2009 it is a concern that there has been little demonstrable community engagement in what is perhaps the most important project this community has ever considered.? There may be a number of reasons for this including some indifference as a consequence of the Valley experiencing 3 floods in the past 6 months and a level of confidence based on historical experience that our town water supply will never fail.

 

However with the experience of the 2002/2003 drought; the completion of the draft IWCM strategy and the related hydro-geological and engineering investigations into the borefield, there is now a considerable body of expert evidence that the Nambucca Valley does not have a water supply which has adequate drought security.? According to the draft IWCM Strategy:

 

?? it could be considered that the system has a 5% chance of failing in any year with a demand of 2,000 ML (the current unrestricted urban demand) and a 12% chance of triggering the drought emergency response strategy (DERS).? This situation will worsen as the annual demand increases with population growth.? This current level of security is below the best practice standard level of drought security normally adopted for NSW country town water supply schemes.?? (IWCM page 46)

 

In flagging a possible extension of the community engagement process it is recommended that advice be sought on the possible consequences of not proceeding with draft IWCM strategy, including the proposed Bowraville off river water storage.? It is proposed that the advice be sought from Council?s solicitor and also from the Department of Water and Energy so as to provide both legal and technical perspectives.? In other local government areas, where licence limits and/or inadequate infrastructure has meant that water and/or sewerage requirements can?t be met, there have been moratoriums on new development including urban subdivisions.

 

Given the obvious financing issues for the IWCM at a 1% population growth rate it is also recommended that Council formally seek a $20m grant from the Commonwealth Government and that a meeting be sought with the Minister for Climate Change and Water, the Parliamentary Secretary and/or advisers to put forward Council?s case.? It is recommended that the grant request be set at $20m as it will provide approximately one third financing from each level of government for the proposed Bowraville off river water storage.? It is also equivalent to Commonwealth funding which has been made available to Goulburn to provide for that town?s drought security.


If Council is to lobby for a grant from the Commonwealth government to assist in financing the IWCM and particularly the Bowraville off river storage, then it is important that the consequences of not proceeding with the IWCM and off river storage are known and have also been the subject of community consultation.

 

 

CONSULTATION:

 

There has been consultation with the Mayor, Director Engineering Services, Manager Water and Sewerage, representatives of the Department of Water and Energy (DWE) and representatives of the Department of Commerce.

 

The DWE representative advises that there is a very high likelihood that within the next 2 years a water sharing plan will be developed for the Nambucca.? If Council is not in a position to provide for environmental flows then it will possibly be incumbent on Council to demonstrate why it is reasonable to continue with the status quo licensing arrangement.

 

The DWE representative also flags that should Council be successful in obtaining Federal funding then the 31% State Government subsidy from the Country Towns Water and Sewerage Program would be calculated on the balance of the project costs to Council.? This should not be accepted by Council as the subsidy is calculated on the backlog requirement in 1996, however it is potentially another funding risk.?

 

The strong suggestion of the DWE representative is that the IWCM strategy needs to be completed and adopted by Council prior to finalising the environmental impact statement.

 

Council?s Manager Water and Sewerage appreciates the logic of completing the IWCM strategy prior to the off river storage project EIS, however does not see the adoption of the IWCM strategy as critical to the EIS.? The off river storage provides necessary drought security whereas the IWCM strategy is concerned with making the best use of all water resources.? In his view the adopted size for concept design of 5,500ML is the smallest dam Council should consider building.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The IWCM strategy, including the proposed Bowraville off river water storage will have both positive and negative impacts for the environment.? The major positive impact will be the maintenance of environmental flows in the upper estuary of the Nambucca River whilst the negative impacts will relate to mainly the disturbance at the dam site.? The environmental impacts of the off river water storage are currently the subject of an Environmental Impact Statement which is due for completion at the end of October 2009.

 

Social

 

The IWCM strategy, including the off river water storage will have a range of social impacts.? These range from the requirement for easements for an expanded borefield through to the positive impacts on employment during construction.? The social consequences of having no water supply in an extended drought should also be considered as this will also have employment implications.? Consultation is also underway in relation to the identification of any Aboriginal archaeology or cultural sites on the dam site.? The social impacts of the off river water storage are currently the subject of an Environmental Impact Statement which is due for completion at the end of October 2009.

 

Economic

 

As for the environmental and social impacts, the economic impacts of the IWCM strategy, including the off river water storage, are profound.? An adequate and secure supply of potable water is obviously critical to all economic development.

 


Risk

 

The IWCM strategy has many risks which are documented in the strategy.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a relatively minor cost in obtaining legal advice which can be met from Council?s current budget.

 

Source of fund and any variance to working funds

 

The recommendations have no impact on working funds.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.11??? SF42??????????????? 060809???????? Comparative Information on NSW Local Government Councils 2007/2008

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The Department of Local Government recently released its annual comparative data on NSW Councils for the year ended 2007/2008.? In terms of benchmarking performance it is a very useful publication.? The report summarises key data from the report for the information of Council.? The full report can be viewed on the Department?s web site.

 

 

Recommendation:

 

That the information concerning the Department of Local Government?s annual comparative data on NSW Councils for the year ended 2007/2008 be received.

 

 

OPTIONS:

 

There are no options.? The report is provided for information.

 

 

DISCUSSION:

 

The Department of Local Government recently released its annual comparative data on NSW Councils for the year ended 2007/2008.? In terms of benchmarking performance it is a very useful publication.? The publication helps the community and councils assess the performance of their council across a broad range of activities.? The community can see whether a council?s performance has improved over the past 3 years and compare its performance with that of other councils.? This enhanced transparency and public accountability helps to develop performance benchmarks and industry best practice models.? A PDF version of the publication which is 189 pages in length is available on the Department?s website www.dlg.nsw.gov.au.

 

In using comparative data, it is important to remember that the key performance indicators used do not, on their own, give the full picture of a council?s performance.? Although they show the difference between councils across a selection of specific activities, they do not explain why these differences have arisen.? The figures are indicators only and conclusions should not be drawn without qualitative assessments being made.

 

In the comparative date, this Council is placed in category 11 Councils.? The categories allow comparisons of Councils with the most closely matching characteristics.? Group 11 Councils comprise Bellingen, Cabonne, Cooma-Monaro, Corowa, Cowra, Forbes, Greater Hume, Gunnedah, Inverell, Leeton, Moree Plains, Muswellbrook, Nambucca, Narrabri, Palerang, Parkes, Tumut, Upper Hunter, Warrumbungle, Yass Valley and Young.? Kempsey Council is placed in Group 4 along with Coffs Harbour, Port Macquarie-Hastings, Greater Taree, and Great Lakes.

 

The following summaries some key comparisons for Nambucca compared with our adjoining Council?s Bellingen and Kempsey as well as the Group 11 average and NSW State average.

 

Average rate in $ per assessment?residential

 

 

2005/2006

2006/2007

2007/2008

Kempsey

545

574

581

Bellingen

635

671

698

Nambucca

551

591

625

Group 11 average

439

514

551

NSW State average

665

701

732

 

 

Average rate in $ per assessment?farmland

 

 

2005/2006

2006/2007

2007/2008

Kempsey

978

1,011

1,131

Bellingen

1,396

1,470

1,508

Nambucca

1,104

1,231

1,307

Group 11 average

1,703

1,994

1,978

NSW State average

1,495

1,652

1,694

 

Average rate in $ per assessment?business

 

 

2005/2006

2006/2007

2007/2008

Kempsey

1,161

1,201

1,252

Bellingen

816

816

347

Nambucca

1,095

1,194

1,243

Group 11 average

1,365

1,442

1,605

NSW State average

3,619

3,659

3,834

 

Outstanding rates and annual charges

 

This indicator assesses the impact of uncollected rates and annual charges on liquidity and the effectiveness of Council?s debt recovery.? The formula used is:

outstanding rates and annual charges x 100

annual revenue from rates and annual charges collectible.

 

Therefore it is expressed as a %.

 

 

2005/2006

2006/2007

2007/2008

Kempsey

7.94

7.33

5.66

Bellingen

6.82

6.73

7.77

Nambucca

5.76

5.18

6.23

Group 11 average

6.84

7.29

7.41

NSW State average

5.11

5.14

5.20

 

Percentage movement in rates and annual charges revenue from previous year

 

This indicator shows the increase or decrease in revenue from rates and annual charges.? The indicator takes into account special rate variations as well as changes in revenue from water, sewerage and waste.? The formula used is:

2007/08 rates and annual charges ? 2006/07 rates and annual charges x 100

2006/07 rates and annual charges.

 

Therefore it is expressed as a %.

 

 

2005/2006

2006/2007

2007/2008

Kempsey

-1.79

8.13

5.89

Bellingen

8.83

8.52

6.53

Nambucca

8.74

13.08

5.74

Group 11 average

3.35

5.80

6.00

NSW State average

5.08

6.46

5.89

 


Sources of income from continuing operations

 

The main sources of a council?s revenue are rates and annual charges; user charges and fees; interest; grants; contributions; other revenues eg, business activities, fines, external works.? The indicator assesses the degree of dependence on alternative sources of revenue, both continuing operations and capital.? It shows the different sources of revenue as a percentage of total revenue.? The following table is for 2007/2008 expressed as a percentage of total revenue rounded to the nearest whole.

 

 

Rates & charges

User charges/fees

Interest

Grants

Contributions

Other

Kempsey

49

21

4

20

6

0

Bellingen

41

22

7

23

5

2

Nambucca

54

13

2

22

8

1

Group 11 average

38

23

-1

28

9

3

NSW State average

49

17

2

16

10

6

 

Unrestricted current ratio

 

This indicator is a measure of a Council?s ability to meet its financial obligations such as paying for goods and services supplied.? It assesses the level of liquidity and the ability to satisfy obligations as they fall due in the short term.? A ratio of 1.5:1 indicates that for every dollar in unrestricted current liabilities, the council has $1.50 in unrestricted current assets on hand to meet the liability.? If the ratio is less than 1.5:1, the ratio is deemed unsatisfactory and council may be unable to meet its short term commitments.? A ratio of between 1.5:1 and 2:1 is deemed satisfactory.? The formulae used is:

 

Current assets less all current external restrictions

Current liabilities less current specific purpose liabilities

 

 

2005/2006

2006/2007

2007/2008

Kempsey

1.07

1.14

1.80

Bellingen

3.67

4.40

3.27

Nambucca

2.18

2.44

1.73

Group 11 average

4.16

4.42

3.61

NSW State average

2.77

2.83

2.86

 

Debt Service Ratio

 

This indicator assesses the degree to which revenues from continuing operations are committed to the repayment of debt.? It is generally higher for councils in growth areas where loans have been required to fund infrastructure.? The Department?s accepted benchmark for the debt service ratio is <10% satisfactory, 10% to 20% is fair, and >20% is of concern.? High growth coastal councils may have a high debt service ratio.? As an example Coffs Harbour?s debt service ratio in 2007/2008 is reported as 22.70%.? The use of loan funds for infrastructure improvements and other capital purposes is considered to be a prudent financial strategy allowing for contribution to the cost of the asset through its life by the community.? The formula is:

 

Net debt service cost x 100

Income from continuing operations

 

 

2005/2006

2006/2007

2007/2008

Kempsey

14.28

13.39

13.81

Bellingen

1.47

1.32

1.41

Nambucca

7.28

6.36

4.69

Group 11 average

3.47

3.13

3.30

NSW State average

4.15

4.12

4.45

 

 


CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The report is for information.? There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.12??? SF639????????????? 060809???????? Review of the Environment and Planning Department

 

AUTHOR/ENQUIRIES:???? Joanne Hudson, Manager Human Resources ????????

 

Summary:

 

At its meeting on 7 May 2009, Council resolved that the staffing of the Environment and Planning Department be reviewed again in six months or upon the resignation of any professional staff member, whichever occurs first.

 

The position of Town Planner was vacated 11 June 2009 and has not been funded in the 2009/10 budget.

 

The proposal to delete the position from Council?s organisation structure was considered by the Consultative Committee at is meeting on 21 July 2009 and the Committee subsequently recommended that the position be retained as an unfunded position until February 2010 when its deletion or retention will be considered as part of the management plan process.

 

The Committee also expressed frustration with the lack of influence the Committee has in the decision-making process as, in the majority of instances, the decisions have essentially already been made before the Committee becomes involved. It is therefore recommended that determination of Council?s organisation structure be an annual process involving consultation with the Consultative Committee.

 

Recommendation:

 

1????? That the position of Town Planner be retained in Council?s organisation structure as an unfunded position until February 2010 when its deletion or retention will be considered as part of the management plan process.

 

2????? That Council?s organisation structure be determined on an annual basis at the time of preparation of the draft management plan and following consultation with the Consultative Committee.

 

 

OPTIONS:

 

Council can choose to

 

1????? adopt the recommendation;

2????? delete the position from the staff structure altogether; or

3????? retain the position and allocate funding for its replacement in the current budget

 

 

DISCUSSION:

 

At its meeting on 7 May 2009, Council resolved that the staffing of the Environment and Planning Department be reviewed again in six months or upon the resignation of any professional staff member, whichever occurs first.

 

The position of Town Planner was vacated 11 June 2009 and has not been funded in the 2009/10 budget. The reduction in development applications combined with higher priorities for funding such as assets maintenance were both key factors in Council?s decision not to fund the position.

 

At its meeting on 21 July 2009, the Consultative Committee discussed the proposal to delete the position from Council?s organisation structure and recommended that the position of Town Planner be retained in Council?s organisation structure as an unfunded position until February 2010 when its deletion or retention will be considered as part of the management plan process. This will enable a sufficient amount of time for the impact of the position?s non-replacement to be monitored and to assess priorities in the context of the forthcoming budget.

 

 

CONSULTATION:

 

Consultative Committee

 

Whilst it was acknowledged that the Committee?s recommendations were reported to and considered by Council, members expressed frustration with the lack of influence the Committee has in the decision-making process as, in the majority of instances, the decisions have essentially already been made before the Committee becomes involved. It is therefore recommended that Council?s organisation structure be determined on an annual basis at the time of preparation of the draft management plan and following consultation with the Consultative Committee.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

Not applicable.

 

Economic

 

Not applicable.

 

Risk

 

The risk of not replacing the position is that other staff will have to absorb the workload. Whilst there may be opportunities to streamline processes, pressure to maintain current output and levels of service could lead employee dissatisfaction, burnout and stress-related illness.

 

There is also the risk that Council?s current level of service to its customers will not be able to be maintained both in terms of turnaround times and quality.

?

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no financial implications for the current budget.

 

If the position is retained and Council allocates funding for its replacement, the estimated impact is $55000 - $70000 per annum (salary and on-costs).

 

Source of fund and any variance to working funds

 

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

General Manager's Report

ITEM 9.13??? SF639????????????? 060809???????? Administrative Staffing Requirements and Completion of Cities for Climate Protection Milestones

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

At Council?s meeting on 7 May 2009 it was resolved that a report be prepared on the need for administrative support across the organisation.? This was partly in response to the non replacement of a part time administrative support position in the Environment and Planning Department.

 

At Nambucca Shire Council, administrative staffing positions are now increasingly being applied to software development and maintenance.? Council?s website; electronic business paper system; customer request system; and records management system are being both developed and maintained by administrative staff.

 

One task which has been largely completed by administrative support staff is the Cities for Climate Protection Milestone 1.? This first milestone measures this Council?s carbon emissions at a base date and thereby provides a benchmark against which all future improvements or declines in energy efficiency can be measured.? It is a very important task and unfortunately this Council is lagging well behind the local government industry in completing it.

 

It is estimated that there is about 1 week?s work required to finish the Milestone and it is proposed to defer data input on plant use and road maintenance until it?s completed.

 

 

Recommendation:

 

That Council note that the Engineering Support Officer is to complete the Cities for Climate Protection Milestone 1 at the expense of data input on plant use and road maintenance.

 

 

OPTIONS:

 

The report has been prepared on the basis of no change in Council?s organisation structure or expenditure.? In this scenario, there are few options.? If the organisation structure is changed and/or expenditure increased then there are many options.

 

 

DISCUSSION:

 

At Council?s meeting on 7 May 2009 it was resolved that a report be prepared on the need for administrative support across the organisation.? This was partly in response to the non replacement of a part time administrative support position in the Environment and Planning Department.

 

Given that no funding is available for administrative staffing positions until consideration of the next Management Plan, this report is predicated on the maintenance of the existing organisation structure until at least that time.

 

In general terms the roles and responsibilities of local government administrative support positions such as executive assistants and clerical support have been increasing over the past 20 years.? This is probably due to a combination of factors, such as changes in technology, cost pressures and changes in management philosophy relating to delegation and the use of teams.? The images of ?typing pools? and secretaries dedicated to a single manager are long gone.

 

At Nambucca Shire Council, administrative staffing positions are now increasingly being applied to software development and maintenance.? Council?s website; electronic business paper system; customer request system; and records management system are being both developed and maintained by administrative staff.? Administrative staff largely maintain Council?s contract system with the exception of the evaluation of tenders and quotes.? They prepare correspondence, reports, and undertake training of other staff.

 

One task which has been largely completed by administrative support staff is the Cities for Climate Protection Milestone 1.? This first milestone measures this Council?s carbon emissions at a base date and thereby provides a benchmark against which all future improvements or declines in energy efficiency can be measured.? It is a very important task and unfortunately this Council is lagging well behind the local government industry in completing it.

 

The task is approximately 80% complete but has not been finished because of a reduction in the staff members working hours and their other work priorities being principally the collation and input of data on plant use and road maintenance.? It is estimated that there is about 1 week?s work required to finish the Milestone and it is proposed to defer data input on plant use and road maintenance until it?s completed.

 

With technological improvements professional staff and managers need to adjust their work routines to undertake some of those very basic tasks such as records management and data input which, historically were ?clerical? functions.? This provides the opportunity for those administrative positions to continue to evolve into even more productive and satisfying roles.? This will be pushed by MANEX and Council?s records officer.

 

 

CONSULTATION:

 

There has been consultation with administrative staff in the Engineering Services Department.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The completion of the Cities for Climate Protection Milestone 1 is an important priority for Council?s own contribution towards reducing carbon emissions.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

With forthcoming legislation in relation to carbon emissions reduction and the need for local government to demonstrate a leadership role in the community, the risks in relation to lagging well behind the local government industry as a whole will increase.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.

??


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.1????? SF1261??????????? 060809???????? Outstanding DA's >12 months, applications where submissions received & not determined 27 July 2009

 

AUTHOR/ENQUIRIES:??????? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

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

 

Table 2 are development applications which have been received but not yet determined due to submissions received. 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

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

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

2/7/09 Deferred for 4 weeks at the request of the applicant

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:? 1

 


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

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 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
16/06/09 Traffic Report submitted ? referred to DES for comments
24/0709 - Consent drafted ? conditions applied to address issues raised in objections

2009/128

25/02/2009

2 Lot Rural-Re sidential 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 100B approval

27/04/09 Amended plans and Bushfire Report

18/06/09 Council resolution for applicant to be given opportunity to relocate building envelope to reduce clearing impacts ?

23/06/09 - 30 day letter sent

1/07/09 ? Amended subdivision plans received

Currently being assessed


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/143

18/3/2009

2 Lot Residential Subdivision

Lot 1 DP 417248, 3 Banksia Crescent, Scotts Head

? 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.
Information not yet received ? expected by the end of July

Assessment will recommence on receipt of data.

 

2003/028/01 Modification

12/05/09

Dwelling-House

Lot 851 DP 1038800, 359 Rhones Creek Road, Talarm

 

? Construction materials ? roofing (zincalume) & reflection issues

? Siting of water tanks

? Solar panels (not shown on original plans)

? Non-compliance with original consent condition (vegetation buffer)

 

1/7/09 - Site inspection carried out and owner advised of requirement to change the roofing colour and amended plans to be submitted showing solar panels

Application to be dealt with by late July

 

2009/182

3/06/09

Boundary Adjustment resulting in dwelling entitlement

Lots 9 and 10 DP 1033603, Scotts Head Road, Way Way

? Future dwelling can be built on environmentally sensitive land

? Visual impacts on headland

? Because of sensitivity of land should be in public ownership

? No future development to be undertaken in the cross-hatched area

? Sacred Aboriginal sites

? Loss of habitat for wildlife (birds)

? 7(f) Protected Coastal Lands not marked on plans

? Restrict public access to recreational areas

17/6/09 - Application referred to NSW RFS< LALC and DoP for comment

Awaiting responses from LALC and DoP prior to assessment of application

 


 

2009/195

17/06/09

2 Lot Subdivision

Lot 2 DP 1004209, Fred Brain Avenue, Nambucca Heads

? Blocking of views

? Traffic and parking issues

? Use of building for parties, etc

? Allow the Bridge Club to purchase and build in another area or extend the existing buildings

Report being prepared for 20 August 2009 meeting

2009/197

19/06/09

Additions to Museum

Lot 151 DP 801984, 29 High Street, Bowraville

? Drainage Issues

Issues being considered

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.2??? SF1261??????????? 060809???????? DA's and CDC's Received and Determined under Delegated Authority to 27 July 2009

 

AUTHOR/ENQUIRIES:???? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

OPTIONS:

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
13 JULY-27 JULY 2009

 

DA Number

Application Date

Development

Address

2010/006

16/07/2009

Rural-Residential Dwelling-House & Garage Workshop

Lot 102 DP 1107938, Pickett Hill, Valla

2010/007

16/07/2009

Dwelling-House

Lot 41 DP 1099538, Seaforth Drive, Valla Beach

2010/008

16/07/2009

Dwelling-House

Lot 65 DP 1099538, 49 Seaforth Drive, Valla Beach

2010/009

16/07/2009

Dwelling-House

Lot 21 DP 1096192, 24 Nancye Roberts Drive, Macksville

2010/010

16/07/2009

Dwelling-House

Lot 59 DP 1099538, 37 Seaforth Drive, Valla Beach

2010/011

16/07/2009

Carport

Lot 6 DP 5358, 15 Nambucca Street, Macksville

2010/012

17/07/2009

Rural/Residential Dwelling

Lot 35 DP 1049360, Florence Wilmot Drive, Nambucca Heads

2010/013

17/07/2009

Rural-Residential Shed

Lot 252 DP 843060, 5 Cocos Court, Nambucca Heads

2010/014

23/07/2009

Residential Shed

Lot 2 DP 1039034, Preston Drive, Macksville

2010/015

23/07/2009

Convert Garage to Dwelling-House

Lot 2 DP 802240, 26 Adam Street, Bowraville

2010/016

24/07/2009

Residential Deck

Lot 7 DP 804873, 72 Valla Beach Road, Valla Beach

2010/017

27/07/2009

Liquid Chemical Storage Facility

Lot 250 DP 755539, Partridge Street, Macksville

 

Note:? Complying Development Applications have a suffix starting with ?6? ie 2010/601

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 27 JULY 2009

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2009/023/01

Lot 70 DP 755564, 389 South Arm Road, Bowraville

Dwelling Additions & Carport

120,000

2009/165

Lot 16 DP 1099448, Strawberry Road, Congarinni

Dwelling-House & Shed

322,622

2009/168

Lot 7 DP 1072289, Henry?s Lane, Warrell Creek

Dwelling-House & Swimming Pool

540,000

2008/014/01

Lot 102 DP 1110934, 10 Corella Close, Congarinni

Dwelling-House & Shed Modification

-

2009/175

Lot 1 DP 1089435, 183 Coronation Road, Congarinni North

Relocate Dwelling

12,500

2009/118

Lot 682 DP 587357, Wards Road, Utungun

4 Lot Rural-Residential Subdivision

0

2009/631

Site 35, Lot 1 DP 842652, 1 Faringdon Close, Nambucca Heads

Verandah Extension

4,000

2009/172

Lot 9 DP 1056240, 15 Julie Ann Court, Hyland Park

Dwelling-House & Swimming Pool

300,000

2009/179

Lot 16 DP 1076134, 19 Langsford Way, Valla Beach

Dwelling-House

180,000

2009/180

Lot 14 DP 872403, 14 Hopewood Crescent, Newee Creek

Dwelling-House

249,997

2009/023/01

Lot 70 DP 755564, 389 South Arm Road, Bowraville

Dwelling Additions & Carport

$120,000

2008/043/01

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

Demolish existing Motel and construct a Supermarket, five (5) Speciality Shops, associated Car Parking and Advertising Signage Modification

$5,500,000

2009/165/01

Lot 16 DP 1099448, Strawberry Road, Congarinni

Dwelling-House & Shed Modification

$322,622

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.3??? SF285????????????? 060809???????? Report on Minutes Of Community Services Committee Meeting 7 July 2009

 

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

 

Summary:

 

Attached for Council?s endorsement is a copy of the minutes of the Nambucca Shire Council Community Services Committee Meeting held on Tuesday, 7 July 2009.

 

 

Recommendation:

 

That the minutes of the Community Services Committee meeting held on 7 July 2009 be noted.

 

 

OPTIONS:

 

1??????? Endorse the minutes

 

2??????? Not endorse the minutes

 

 

DISCUSSION:

 

The minutes contain the discussion necessary for this report.? Nothing further required.?

 

 

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

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nothing required.

 

 

Attachments:

1View

17152/2009 - Minutes of the Community Services Committee held 7 July 2009

 

?

?


Ordinary Council Meeting - 6 August 2009

Report on Minutes Of Community Services Committee Meeting 7 July 2009

Attachment 1

17152/2009 - Minutes of the Community Services Committee held 7 July 2009

 

Present

 

Cr Paula Flack (Chairperson), Cr Anne Smyth, Ms Kerrie Bowtell, Ms Glenys Munro, Ms Vicki Fernance, Ms Mari Webb, Ms Jenny Zirkler, Mr Glenn Robinson, Mr Ross Chalmers, Ms Patricia Walker, Ms Coral Hutchinson (from 3.45 pm)

 

 

Apologies

 

Ms Coral Hutchinson (until 3.45 pm), Ms Angie Evans, Ms Suzanne Homes, Ms Kelly Edwards, Ms Denise Olsen, Mr Paul Sefky

 

 

Declarations of Pecuniary Interest/Disclosure of Interest

 

Cr Paula Flack noted that she may have a Pecuniary Interest because she is currently employed by the North Coast Area Health Service and advised that she would leave the meeting if this was the case.

 

In regard to Item 9 Scotts Head Masterplan, Ms Mari Webb declared a Non-Pecuniary Insignificant Conflict as a Scotts Head resident. Ms Webb remained in the Chamber but did not participate in the discussion.

 

 

Minutes of Previous Meeting ? 14 October 2008

 

RECOMMENDATION: That on the motion of Mr Glenn Robinson, seconded Mr Ross Chalmers the minutes from the previous meeting held 14 October 2008 be accepted. Carried.

 

 

Business Arising

 

ITEM 1???????????????????? COMMUNITY SERVICES WORKER APPOINTMENTS

 

Aboriginal Community Development Officer ? commenced in November 2008

Department of Sport and Recreation Trainee ? commenced on 29 June 2009

 

ITEM 2 ??????????????????? COMMUNITY FORUM AND SOCIAL PLAN

 

Cr Flack apologised for not including the notes from the forum with minutes (notes from the forum will be available at the next CSC meeting). The main outcome of the forum, that was agreed on, was that the forum would like Community Services Committee to look at the ageing population ? look at the research that has already been done and pull it together, don?t want to reinvent the wheel. Discussion whether this would be the whole committee or have a working group focussing on the research available. It was decided that all committee members will bring, to the next meeting, any research that they can gathered on the ageing population. This will then be worked out how it can be used as a measurable outcome tailored to the Valley and fitting into the Social Plan. See what it means to the Shire and then perhaps make a recommendation to Council on the committee?s findings from the research. This is a topical issue and will be focussed on at the next meeting.

 

Ms Kerrie Bowtell arrived at 2.25 pm

 


Business Arising (continued)

 

Cr Flack talked about the recommendation made by the committee for ?adequate resources to ensure the thorough review of the Social and Community Plan?. Cr Flack advised that no extra funding was put aside due to changes that are currently happening with regards to whether the Social Plan is a stand alone report. Cr Flack explained to the committee that the Social Plan may be incorporated into the Management Plan. Nothing is known as yet.

 

ITEM 3???????????????????? AREA ASSISTANCE SCHEME

 

Ms Fernance tabled the successful Area Assistance Scheme Projects for 2009-10 in the Nambucca Shire:

 

??????????? Launching Safe Communities Together ? Nambucca River Volunteer Marine Rescue Squad - $110,000

??????????? Skate Safe ? Nambucca Shire Council - $11,300

??????????? Uniting Us ? Unkya Reserve Utilities - $18,984

 

ITEM 4???????????????????? COFFS CLARENCE HEALTH PARTICIPATION FORUM

 

Mr Chalmers talked about the Cancer Council working with Community Transport regarding Breast Screening and getting clients into Coffs Harbour for this. Mr Chalmers is not sure what the outcome will be and advised that an announcement will be forthcoming.

 

 

Correspondence

 

There was no correspondence.

 

 

General Business

 

ITEM 5???????????????????? YOUTH SERVICES UPDATE

 

Ms Fernance talked about the successful Youth Fest held at Nambucca Heads Skate Park last

week. There were no incidents, young people were well behaved and had a lot of fun. Approximately 300 young people and community members attended.

 

Ms Bowtell gave a brief outline of what is happening with Headspace. Headspace in Nambucca, Bellingen and Dorrigo closed on 1 July. Nambucca Valley Youth Services Centre declined the funding offered as they would not have been able to maintain Headspace at its current level. Women?s Health in Coffs Harbour have taken over the auspice and the Youth Worker will outreach to Nambucca, Bellingen and Dorrigo. At the moment it will be one day per week until December and this will be reviewed. The committee acknowledged the excellent job that Mr Bruce Mercer, Coordinator of Nambucca Headspace, did in setting the project up from the beginning.

 

Ms Fernance talked about the upcoming events planned: Responsible Educated New Tenants Program (RENT) in September, Resilient Young Peoples Program (RYPP) and Skate Safe. Ms Fernance also advised the committee of changes to the Aboriginal Youth Worker position.

 


General Business (continued)

 

ITEM 6???????????????????? MACKSVILLE HEALTH CAMPUS

 

Ms Jenny Zirkler gave an update of the campus:

 

??????????? Emergency Dept ? 12,500 (approximately the same as last year); Surgical 1,004 (slight increase)

??????????? 3 Career Medical Officers employed

??????????? Locums ? have good regular doctors

??????????? Staff cuts ? things are pretty much the same with a loss of .3 F/T administration, gained .8 in another area ? came out better than some health campuses

??????????? Clinical Support Officers ? 70% clinical, 30% administration

??????????? Patient transport ? can extend hours when necessary

??????????? Maternity ? lots of work

??????????? Ante natal ? now picking up ? births increasing

??????????? Cancer Support Resource Centre ? still working on this

??????????? Transitional Aged Care programs ? keeping elderly at home ? ongoing

??????????? Swine Flu ? 30 confirmed cases on the North Coast ? looking at setting up a flu clinic

??????????? Computerised system from tomorrow 8 July ? Emergency and Theatre ? may take a little longer

??????????? Telehealth ? Emergency Dept only ? cameras and screen direct to Coffs Harbour Health Campus whereby doctors can have a look at a patient via this technology thereby alleviating unnecessary transporting of patients to Coffs Harbour Campus

??????????? X-ray ? digitalised ? can now be sent anywhere at the touch of a button ? cutting out long transport times

??????????? Health Services Planning ? Ms Zirkler has nominated herself to be on the taskforce

??????????? Whooping Cough epidemic ? new mums can get vaccination for whooping cough for free

 

ITEM 7???????????????????? BUDGET & MANAGEMENT PLAN

 

If Ms Hutchinson returns in time, this may be discussed.

 

ITEM 8???????????????????? LOCAL GOVERNMENT INTEGRATED PLANNING

 

Some discussion about the Social Plan already.

 

ITEM 9???????????????????? SCOTTS HEAD MASTER PLAN

 

Cr Flack talked to the committee about the master plan for the Caravan Park and explained about the overlapping of land owned by Council and Dept of Lands. There has been a huge amount of submissions received ? not for public viewing ? Councillors have been given submissions, but Dept of Lands will not release them to the wider community, because of confidentiality issues. There are issues in the Caravan Park such as: vans too close; not meeting fire regulations and other safety issues.? There was a suggestion that perhaps identity of submission writers could be blanked out as it is hard to illustrate the extent of public concern and doesn?t give a clear picture of what the wider community wants. There is not a great deal that Council can do at this time as Dept of Lands are the lead agency, engaged consultants and advertised. Once the item comes out in Council?s Business Paper, then submissions are made public.

 

ITEM 10?????????????????? AREA ASSISTANCE SCHEME

 

Nothing known until Ms Hutchinson returns from meeting in Coffs Harbour.

 


ITEM 11?????????????????? COMMUNITY SAFETY PROJECT

 

Ms Fernance tabled the outline of the Safer Women Around Nambucca Shire (SWANS) project and advised that internal recruitment was currently underway and applications close on 21 July 2009. The position is for 1 year at 21 hours per week.

Cr Flack asked when the next round of Attorney General?s Dept funding is and perhaps committee could look at doing something.

 

Ms Zirkler left the meeting at 3.05 pm

 

 

Updates From Members

 

ITEM 12?????????????????? REGIONAL TRANSPORT ? Mr Ross Chalmers

 

??????????? Emergency Evacuation Plan during the recent floods ? evacuations at Grafton

??????????? Project work - $120,000 worth of projects this year ? wide ranging ? still awaiting approval

??????????? Headspace ? taxis ? discussion about whether young people are still going to access this for transport to Coffs Harbour ? this is under review as the cost of getting a young person, for example, from Eungai Creek to Coffs Harbour would not be viable.

??????????? Pensioner Excursion Ticket ? ticket is being well utilised

??????????? Always open to any ideas for projects

??????????? Informal review ? Parliamentary Secretary visiting on 20 July ? could be very positive ? pushing youth transport (fall through the gap)

 

Question was asked about the rumour of a Motor Rail being built? Nothing was known about this.

 

Mr Chalmers left the meeting at 3.20 pm

 

ITEM 13?????????????????? MARI WEBB ? SCOTTS HEAD

 

BCCU was due to close at the end of July but this has been delayed for a short time while it is looked at further. The Post Office and BCCU in the same office. There is a worry about the Post Office closing and then not reopening. Talks are being held with BCCU, businesses and community members. BCCU has stated that there is not enough turnover to cover the cost of keeping branch open.

 

ITEM 14?????????????????? ABORIGINAL COMMUNITY DEVELOPMENT OFFICER

 

Ms Walker talked about the NAIDOC week celebrations around the Shire.

 

ITEM 15?????????????????? NAMBUCCA VALLEY COMMUNITY SERVICES COUNCIL

 

??????????? Recent flooding has had a huge impact on the service

??????????? Assistance Care and Housing project ? Coffs Harbour, Bellingen, Nambucca

??????????? National Tree Day ? Macksville Community Gardens ? Sausage sizzle on Saturday 2 August, free tree

??????????? Super departments ? DoCS reviewing various projects

 


Updates From Members (continued)

 

ITEM 16?????????????????? TAFE

 

??????????? Creative Design ? continues every Tuesday at Nambucca Valley Youth Services Centre

??????????? Mobile Youth Caf? ? looking at taking to events

 

Ms Coral Hutchinson arrived 3.45 pm

 

 

General Business

 

ITEM 17?????????????????? AREA ASSISTANCE SCHEME UPDATE

 

Ms Hutchinson gave an update of proposed changes to Area Assistance Scheme:

 

??????????? 2009-10 will be a transition year with all changes to be implemented by 2010-11

??????????? Area Assistance Scheme will be changed to Communities NSW Funding Program

??????????? No Local Ranking Committees in future

??????????? Regional Advisory Committee replaced by a Regional Advisory Panel (make up of membership unknown at this stage)

??????????? Timetable shortened to:

o??? August ? the round is ?announced?

o??? September ? holding of information sessions

o??? October ? Expressions of Interest open

o??? December ? Expressions of Interest close

o??? February/March ? hold Regional Advisory Panels

o??? May ? successful projects announced

??????????? Eligibility will remain the same

??????????? Key funding outcomes or funding areas include:

o??? Community Capacity Building

o??? Community Skills Development

o??? Community Partnerships and Networks

??????????? May be longer term projects, possibly up to 5 years

??????????? Apparently will involve less administration by CPO at Council

??????????? Meeting proposed with General Managers for 20 and 21 July 2009

 

Ms Hutchinson also talked about proposed changes to the Social Plan ? differing information being given to different Councils ? not sure what the changes are at the present time. Will follow up with this.

 

 

Next Meeting

 

The next meeting will be on Tuesday 8 September 2009 2.00 pm ? 4.00 pm at the Council Administrative Centre, Princess Street, Macksville.

 

 


Meeting Closure

 

There being no further business, the meeting was declared closed at 4.00 pm.

 

 

 

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

CR PAULA FLACK

CHAIRPERSON

 

?


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.4??? DA2009/113????? 060809???????? Report on conditions of consent for DA 2009/113 and DA 2009/119

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Two separate subdivision applications submitted under the Rural-Residential Ballot were recently approved under Delegated Authority in accordance with the criteria set down by Council for the consideration of applications under the ballot.

 

Both subdivision proposals have vehicular access from Smiths Lane Congarinni North, which is a gravel unsealed Crown Road. In instances were subdivisions are proposed with access from Crown Roads, the Department of Lands require that the road is dedicated to Council as public road. To protect the public interest, Council has a long standing policy as stated in DCP(4) Subdivision, that Crown Roads required for access to a proposed subdivision will need to be upgraded and dedicated to Council as public road, with all costs being met by the applicant. The consents were issued on this basis, with requirements for Smiths Lane to be constructed to public road standard (including bitumen sealing) and dedicated to Council. It was hoped that the issuing of identical subdivision approvals would provide an opportunity for both landowners to share the costs of the road works. However, both landowners have requested that Council not enforce the requirements of the DCP in regard to road works on Smiths Lane.

 

One of the landowners (Mr Turnbull) does not wish to comply, because he feels it places an inequitable and unreasonable financial hardship on his development. The other landowner (Mr Smith) does not wish to comply because he feels that a strict interpretation of clause 16 of the NLEP 1995, allows the subdivision of his land, without requiring any upgrading of Smiths Lane. For reasons of convenience and consistency, both requests are dealt with in this report.??

 

As Council was very specific in establishing the criteria for applications under the ballot and a variation as requested to Council?s DCP(4) could result in Council having to construct a road which services private development from general ratepayers funds, the applications are presented to Council for direction before the applicants are provided with further advice.

 

 

Recommendation:

 

That Council enforce its road upgrading requirements in accordance with DCP(4) and maintain its position as outlined to each applicant who sought to submit an Expression of Interest in the Rural-Residential Ballot.

 

 

OPTIONS:

 

There are numerous option open to Council including the following:

 

1????????? Advise one or both of the applicants that no road upgrading is required in which case general ratepayers funds would be required to be expended on the construction of Smiths Lane to a public road standard.

 

2????????? Advise one or both of the applicants that partial road works or road works to a lesser standard are? required in which case general ratepayers funds would be required to be expended on the remaining or proper construction of Smiths Lane to a public road standard, and/or

 

3????????? Prepare a locality based Section 94 plan which would levy contributions and share the costs of road construction, based on the potential for future development off Smiths Lane. This could only be achieved if both applicants and Council were in agreement as the applications have already been issued.? Noting that ratepayer funds may need to be used to upgrade the road pending further development in the area (if ever).

 

Options 1 & 2 could have the effect of setting an undesirable precedent where developers are not prepared to accept the financial costs of servicing land and there is an unreasonable expectation that Council will subsidise private development.

 

Option 3 could be a costly and time consuming process that may not be justified given the limited development opportunities in the area. Additionally Council would be expected to make an initial upfront financial commitment to the road works in expectation that future developer contributions would fund the works.

 

All options are based on Smiths Lane being transferred to Council and dedicated as public road, as required by the Department of Lands.?

 

 

DISCUSSION:

 

Background

 

Following numerous representations to the Department of Planning (DoP) by Council seeking an additional/increased allocation of the "Quota" for the release of Rural-Residential lots within the shire, the DoP provided Council with a further 40 lots on 6 June 2008.

 

Leading up to this formal advice from the DoP, Council considered a report at its 5 June 2008 meeting when it was resolved:

 

5??????? That in the event that the Department of Planning provides an interim Quota over the entire ?broken black line? area of NLEP 1995, the following steps and criteria be applied for determining acceptance of rural-residential subdivision proposals under the interim Quota:

 

??????????? Call for Expressions of Interest (advertise for a 30 day period in the local paper and on Council?s Web site and include a note with the issue of Rates Notices mid July 2008).

??????????? Maximum number of lots in any one subdivision from any one person over any holding or existing holding would be three plus a residual.

??????????? The land the subject of the proposal must be accessed by a Class 1, 2 or 3 Bitumen sealed road.

??????????? The land not to be affected by the 1% ARI level.

??????????? A building envelope incorporating all necessary Fire Protection Zones must not require the removal/clearing of Native Vegetation.

??????????? The required rural buffers are achievable on the subject site and within the broken black line.

??????????? Must not require referral to DoP, DWE, DECC for separate approvals or permits.

??????????? Must meet all provisions of Council?s subdivision codes and LEP.

??????????? Applications must be able to be completed and lodged within 3 months.

??????????? Following the closing of the EOI process and provided the applications meet the above criteria a ballot system being applied.

 

6??????? That Council hold a public meeting regarding the draft Rural-Residential Land Release Strategy and the Department of Planning be invited to attend.

 

Council considered a further report at its 19 June 2008 meeting when it resolved:

 

That the following criteria be added to the criteria adopted at the 5 June 2008 Council meeting for the allocation of the 40 rural-residential lots:

 

The land being identified as Red on Map 23 of the Draft Rural-Residential Land Release Strategy.

 

A public meeting was subsequently held on 1 July 2008, at the Indoor Stadium at the Macksville High School which was attended by Councillors, Council staff, the Consultants, Department of Planning staff and a wide cross section of affected land owners.

 

Following the public meeting a Notice of Motion in regard to the "Criteria" for the acceptance of EOI's under the ballot was presented to the 3 July 2008 meeting when it was resolved:

 

That Council accept Expressions of Interest over the entire "broken black line" area of NLEP 1995 that is not coloured yellow on the Draft Rural-Residential Land Release Strategy maps.

 

2??????? That the allocation of the 40 lots be awarded by ballot for those proposals that meet the following criteria:

 

????????? Maximum number of lots in any one subdivision from any one person over any holding or existing holding would be three plus a residual.

 

????????? Must meet all provisions of Council's subdivision codes, LEP and DCP's.

 

????????? Applications must be able to be completed and lodged within three months.

 

????????? Following the closing of the EOI process and provided the applications meet the above criteria a ballot system being applied.

 

3?????? That, in consideration of applications submitted by those balloted persons, Council strictly adheres to its Incomplete Development Application policy.

 

That the Subdivision must be registered within three years of the date of consent.

 

The above criteria as set by Council following the public meeting on 1 July 2008 was very specific, with the following extract from Cr Hoban's Notice of Motion being relevant now as it was at the public meeting which led to the Notice of Motion.

 

SUMMARY

 

A number of equity issues were raised at the public meeting held 1 July 2008. In the interest of affording equal opportunity to all affected landholders, ?.

 

This Notice of Motion followed sentiments expressed by landowners at the meeting questioning why they should be excluded if they didn't meet the original road access criteria "The land the subject of the proposal must be accessed by a Class 1, 2 or 3 Bitumen sealed road." They claimed that they should be able to make this decision and if the road required upgrading then they are fully aware of that requirement.

 

 

Main Discussion

 

Both landowners (Mr Turnbull and Mr Smith), submitted Expressions of Interest (EOI) on 12 August 2008 and 1 September 2008 respectively. Both EOI's were acknowledged on the same day of receipt (see attached).

 

Following the ballot on 15 October 2009, the landowners were advised on 17 October 2008 (see attached) of their success in the ballot and advised of the requirements for the lodgement of a complete Development Application.

 

In relation to DA 2009/113 (Mr Turnbull) conditional approval was issued on 27 May 2009, which included the requirement to upgrade Smiths Lane to Council's public road standards in accordance with DCP(4). Being unsatisfied with the conditions, the landowner sought a Review of the Determination under Section 82A of the Environmental Planning and Assessment Act. However the application could not be reviewed under Section 82A as it was an Integrated Development and a review is not available under this section of the Act. The landowner was subsequently advised and has requested that the matter be referred to and considered by Council.

 

It should be noted that in 2003 Mr Turnbull completed a rural residential subdivision and was granted an exemption from bitumen sealing part of Smiths Lane on the provision of a landscape buffer being established along the road frontage in accordance with Council?s Policy.

 

In relation to DA 2009/119 (Mr Smith) conditional approval was issued on 12 June 2009, which included the identical requirement to upgrade Smiths Lane to Council's public road standards. In this case and despite the requirements of DCP(4), the landowner is asserting that a strict interpretation of Schedule 1 - Clause 16 (section d i) of the LEP does not require him to undertake any road works on Smiths Lane. The landowner has also requested the matter be considered by Council.

 

DCP(4) ? Subdivision (2006)

 

6.1.2? Vehicular Access and Road Frontage

 

Crown Roads

 

Crown roads that are required for access to a proposed subdivision will need to be upgraded and dedicated to Council as a public road. All costs associated with dedication are to be met by the applicant. Construction of the road will be to Council?s current standard as specified in its Aus-Spec #1 Design Specification.

 

The requirements of the DCP in relation to Crown Roads are unambiguous and both rural residential subdivision applications were correctly approved in accordance with the criteria set down by Council, ie Must meet all provisions of Council's subdivision codes, LEP and DCP's.

 

The applicants dispute with Council in relation to DA 2009/113 is one based on the perceived inequity of the imposition of the condition. This is in contrast to DA 2009/119, where the applicant asserts that there is an inherent inconsistency between the LEP and DCP and in such instances the LEP prevails to the extent of the inconsistency. Again, Council's criteria were that all applications Must meet all provisions of Council's subdivision codes, LEP and DCP's. (My emphasis for underline)

 

Nambucca Local Environmental Plan 1995 - Schedule 1 ? Clause 16 :

 

d?????? The land to be subdivided must be linked by a bitumen sealed road of at least two lane's width to the nearest urban centre, except where:

 

???????? i??????? the subdivision will excise not more than three allotments (which must be contiguous) from land that comprised a single allotment on 1 December 1995 or from land that comprised two or more adjoining or adjacent allotments on that date all of which were then owned by the same person or persons; and

????????????????? ii?????? the excised allotments and the residue allotment resulting from the subdivision will each have an area of 2ha or more, and

????????????????? iii????? the single allotment has not, or the adjoining or adjacent allotments have not, been subdivided since that date otherwise than to excise allotments each having an area of 40ha or more or to alter a boundary pursuant to Clause 6 of State Environmental Planning Policy No 4 - Development Without Consent;

 

In response to this point it is argued that the specific clause in the LEP is designed to ensure that rural residential subdivisions are serviced by bitumen sealed public roads and developers are required to upgrade existing public roads where necessary. The exception is where the applicant can demonstrate that they satisfy the relevant parts of clause 16. In this regard DA 2009/119 satisfies the above criteria, except that the land is not accessed from a public road under Council control, but a Crown Road under the control of the Department of Lands. Having referred the applications to the Department of Lands, Council have been notified that upon issuing of subdivision approval, the Department will transfer control of Smiths Lane to Council. This process is beyond Council?s control and is not recognised by clause 16 of the LEP.

 

The inclusion of the specific criteria requiring that all application Must meet all provisions of Council's subdivision codes, LEP and DCP's specifically addresses this particular issue and the argument put forward by the applicant is irrelevant as the application without the upgrading of Smith's Lane does not meet all provisions of Council's subdivision codes, LEP and DCP's.

 

Should Council resolve to not enforce its stated criteria for road access, it leaves itself open for criticism or possible class challenge from those landowners who initially made enquiries and were made aware of the access requirements of the LEP and DCP's and subsequently chose not to lodge an EOI due to the costs to comply.

 

All applications under the ballot have been determined under delegated authority in strict accordance with the criteria set down by Council and through its LEP and DCP's.

 

 

CONSULTATION:

 

Director Engineering Services

 

Department of Lands

 

Both applications were referred to the Department of Lands on the basis that access is from Smiths Lane, which is an unsealed Crown Road not under the control of Council. The Department of Lands initiated their protocols for road transfer and advised Council that their authorisation for the application was subject to Smiths Lane being transferred to Council as Public Road.

 

The condition of consent requiring the landowners to construct and dedicate Smiths Lane is standard Council procedure as required by the Department of Lands in these circumstances.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are limited environmental issues associated with the construction of Smiths Lane, provided that the road works proceed in accordance with the conditions of development consent and any matters identified in the Statement of Environmental Effects are implemented and complied with.

 

Social

 

The combined subdivisions will result in an additional six (6) lots, each with a dwelling entitlement and dependent on access over Smiths Lane. At present Smiths Lane is maintained by private landowners, however it is considered unsuitable for the level of traffic likely to be generated by the development of the land.

 

There have already been concerns expressed to Council from adjoining landowners in relation to the standard of Smiths Lane. Two separate landowners took the opportunity to make a submission to Council during the notification period for the subdivision applications raising concerns with dust and on-going maintenance issues. They have an expectation that Smiths Lane will be upgraded to public road standard.

 

Economic

 

The upgrade of existing roads and construction of new roads is a standard requirement imposed on rural residential subdivision applications. It is consistent with a user pays principle that places the financial costs of the development on the landowner who benefits from the subdivision of their land and generates the demand for services. The alternative is for Council to take on additional responsibility by subsidising the true costs of private development.

 


Risk

 

At present Council is under no obligation to construct or maintain Smiths Lane. If Council choose to remove the conditions which require upgrading of the road, but the road is transferred and dedicated to Council as required by the Department of Lands, then landowners will have an expectation that Council should construct the road to public road standard and maintain the road. This places a large financial burden on Council and could set a precedent which would be unsustainable.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Impacts on budgets will be dependent on Council's decision whether to retain or remove the requirement for road works.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

21831/2008 - Expression of Interest Rural-Residential Quota - A & B Smith

 

2View

21924/2008 - Acknowledgement of submission - Smith

 

3View

19986/2008 - Expression of Interest Rural-Residential Quota - P & A Turnbull

 

4View

20008/2008 - Acknowledgement of submission - Turnbull

 

5

24381/2008 - Data letter advising successful applicants of Ballot result EOI

 

?

?


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 1

21831/2008 - Expression of Interest Rural-Residential Quota - A & B Smith

 

?


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 2

21924/2008 - Acknowledgement of submission - Smith

 

Enquiries to:???? Mr Nelson

Our Ref:????????? SF529

 

 

 

2 September 2008

 

 

 

Mr A W Smith

82 Smiths Lane

CONGARINNI NORTH?? NSW?? 2447

 

Dear Mr Smith

 

SUBMISSION IN RELATION TO NAMBUCCA SHIRE COUNCIL

EXPRESSION OF INTEREST (EOI) RURAL-RESIDENTIAL QUOTA

 

Council acknowledges receipt of your submission, received by Council on the 1 September 2008 in relation to the above EOI.

 

At the conclusion of the submission period your application will be considered in light of the criteria required and if it meets this criteria will be part of the ballot system for those who will be permitted to lodge a development application for rural-residential subdivision with Council as part of the 40 lot Quota.

 

Council thanks you for your submission and will contact you following the submission period and ballot to advise whether you were successful in being permitted to lodge a development application for rural-residential subdivision.

 

Should you wish to discuss this matter further, please do not hesitate to contact Council?s Environment and Planning Department on 6568 0229 between 11:00 am and 1:00 pm Monday to Friday.

 

Yours faithfully

G Meyers

DIRECTOR ENVIRONMENT & PLANNING

 

bs

 

?


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 3

19986/2008 - Expression of Interest Rural-Residential Quota - P & A Turnbull

 


?


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 4

20008/2008 - Acknowledgement of submission - Turnbull

 

Enquiries to:???? Mr Nelson

Our Ref:????????? SF1175

 

 

 

12 August 2008

 

 

 

Mr P M & Mrs A M Turnbull

13 Coogee Road

POINT CLARE? NSW? 2250

 

 

Dear Mr & Mrs Turnbull

 

SUBMISSION IN RELATION TO NAMBUCCA SHIRE COUNCIL

EXPRESSION OF INTEREST (EOI) RURAL-RESIDENTIAL QUOTA

 

Council acknowledges receipt of your submission, received by Council on the 12 August 2008 in relation to the above EOI.

 

At the conclusion of the submission period your application will be considered in light of the criteria required and if it meets this criteria will be part of the ballot system for those who will be permitted to lodge a development application for rural-residential subdivision with Council as part of the 40 lot Quota.

 

Council thanks you for your submission and will contact you following the submission period and ballot to advise whether you were successful in being permitted to lodge a development application for rural-residential subdivision.

 

Should you wish to discuss this matter further, please do not hesitate to contact Council?s Environment and Planning Department on 6568 0229 between 11:00 am and 1:00 pm Monday to Friday.

 

Yours faithfully

G Meyers

DIRECTOR ENVIRONMENT & PLANNING

 

sh

 

 

 

?


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 5

24381/2008 - Data letter advising successful applicants of Ballot result EOI

 

Enquiries to:???? Mr Meyers

Our Ref:????????? SF1175

 

 

 

17 October 2008

 

 

 

?AuthorTitle? ?AuthorInitials? ?AuthorLast_Name?

?AuthorMailing_Address?

 

Dear ?AuthorTitle? ?AuthorLast_Name?

 

RURAL-RESIDENTIAL 40 LOT QUOTA ? SUCCESSFUL BALLOT

 

I wish to advise that your Expression of Interest (EOI) was one of the successful EIO?s to be drawn in the ballot for the available 40 lots (ballot draw attached).

 

The opportunity is now afforded to you to prepare your development application in accordance with Council?s Local Environmental Plan, Development Control Plans and Policies and submit your completed and compliant application no later than close of business on Friday, 27 February 2009.

 

Should you have difficulty in meeting this deadline you should at your earliest convenience, advise Council outlining in specific detail, the reasons why you are unable to comply with the 27 February 2009 deadline. Whilst, Council may provide a short extension to submit the application, there are no guarantees that an extension may be afforded as Council has set clear and firm deadlines to ensure that the 40 lots are brought onto the market as soon as possible.

 

To assist you in preparing you application Council strongly recommends that you engage the services of a duly qualified and experienced professional to ensure that you address all requirements and provide sufficient information with your application. For your information, all of Council?s Planning documents are available for viewing and downloading free of charge from Council?s website www.nambucca.nsw.gov.au. Copies may also be purchased from Council?s Administration Centre, 44 Princess Street Macksville.

 

Council has resolved that it will strictly adhere to its Incomplete Development Application Policy to ensure that applications are determined promptly. An incomplete application may result in a refusal due to a lack of information.

 


Ordinary Council Meeting - 6 August 2009

Report on conditions of consent for DA 2009/113 and DA 2009/119

Attachment 5

24381/2008 - Data letter advising successful applicants of Ballot result EOI

 

2

 

?AuthorTitle? ?AuthorInitials? ?AuthorLast_Name?

17 October 2008

SF1175

 

 

 

The following resolution of Council is also provided for your information:

 

?????? Maximum number of lots in any one subdivision from any one person over any holding or existing holding would be three plus a residual.

 

?????? Must meet all provisions of Council's subdivision codes, LEP and DCP's.

 

?????? Applications must be able to be completed and lodged by 27 February 2009.

 

?????? That, in consideration of applications submitted by those balloted persons, Council strictly adheres to its Incomplete Development Application policy.

 

?????? That the Subdivision must be registered within three years of the date of consent.

 

To further assist you, please find enclosed Council?s Development Application Form, Requirements for Statement of Environmental Effects, Explanatory Notes and an extract from Council?s Bushfire Hazard Map showing your property in relation to Bushfire Prone Land. This latter information is provided as you may need to engage the services of a Bushfire Consultant to prepare a Bushfire Hazard Assessment Report to meet the requirements of the Rural Fire Service.

 

Your application may require referrals and approval from other Government Agencies (Integrated Development) which will require additional fees. You should ensure that you clarify these matters early and prior to submitting your application as other specific and more detailed information may be required.

 

Should you require further information in relation to this matter please contact Mr Grant Nelson on 02 6568 0248.

 

Yours faithfully

 

 

G Meyers

DIRECTOR ENVIRONMENT AND PLANNING

 

GM:bs

Encs

 

?


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.5??? SF533????????????? 060809???????? Report on Amendments to the Environmental Planning & Assessment Act

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 

Summary:

 

The purpose of this report is to advise Council about the new plan-making provisions that commenced on 1 July 2009.

 

On the 1 July 2009, the Department of Planning (DoP) released Planning Circular (PS 09-015) entitled ?Commencement of certain provisions of the EP&A Amendment Act 2008 and EP&A Amendment (Plan Making) Regulations 2009?.

 

The Amendment Act introduces new procedures for preparing State Environmental Planning Policies (SEPP), abolition of Regional Environmental Plans (REP) and new procedures for preparing Local Environmental Plans (LEP).

 

 

Recommendation:

 

That Council note the report on the amendments to the Environmental Planning and Assessment Act 1979.

 

 

OPTIONS:

 

There are no options regarding this item.

 

 

DISCUSSION:

 

On the 1 July 2009, the Department of Planning (DoP) released Planning Circular (PS 09-015) entitled ?Commencement of certain provisions of the EP&A Amendment Act 2008 and EP&A Amendment (Plan Making) Regulations 2009?.

 

The Amendment Act introduces new procedures for preparing State Environmental Planning Policies (SEPP), abolition of Regional Environmental Plans (REP) and new procedures for preparing Local Environmental Plans (LEP). It is the latter aspect of the PS that may interest Council. A copy of the PS is attached to this report.

 

The term ?draft LEP? will no longer apply and the procedural process for the preparation of a new LEP has been replaced by the term ?planning proposal?.

 

The circular states:

 

????????? ?The preparation of a planning proposal is the first step in the process of making a LEP.?

 

The new procedures for preparing planning proposals and LEPs are supported by ?A guide to preparing planning proposals? and ?A guide to preparing local environmental plans?. A copy of these documents can be obtained from the Manager Planning and Assessment (MPA) upon request or viewed on the DoP web site at www.planning.nsw.gov.au

 

The guidelines describe a planning proposal as:

 

?a document that explains the intended effect of a local environmental plan (LEP) and sets out the justification for making that plan.?

 

The Amendment Act essentially deletes all existing sections under Part 3 of the EP&A Act 1979, and replaces this part of the Act with new provisions for the processes and the making of LEPs.

 

In most cases Councils will still be the relevant planning authority for the preparation of LEPs. However, in certain circumstances the Minister can appoint the Director-General or the newly introduced Joint Planning Panels as a relevant planning authority for the purpose of preparing LEPs.

 

There are several new interesting aspects to the amended provisions under the EP&A Act. The fist of which is the ?gateway determinations?. This provision essentially replaces the s54 notification to the DoP of Council?s intention to prepare a draft LEP. The circular states:

 

?The purpose of the gateway determination is to ensure there is sufficient justification early in the process to proceed with a planning proposal and to determine the ongoing information and assessment requirements.?

 

Another major change is the introduction of the guidelines referred to above. The guidelines provide explicit details and explanations of how to prepare planning proposals and the preparation of new LEPs.

 

The test to expedite an amendment to environmental planning instruments has also been expanded to enable the Minister to dispense with some or all of the requirements in making a LEP if it is considered the LEP ?will not have a significant adverse impact on the environment or adjoining land?. In effect, if a planning proposal (draft LEP) is relatively minor the processes for notification, consultation with government agencies, exhibition, etc, may be dispensed with or limited.

 

The new processes are designed to require the level of assessment for the preparation of a LEP to correspond with the likely impact of the planning proposal. The DoP has indicated that its aim is to achieve a 50% reduction in the time taken for the preparation of LEPs. The benchmark timeframes are:

 

?????????????? Major land release and urban renewal:???? 6-12 months

?????????????? Minor spot rezonings:???????????????????????????? 3 months

 

It is considered that the new LEP provisions may provide some social and economic benefits as a result of possibly streamlining the plan-making processes.

 

 

CONSULTATION:

 

Council?s Strategic Planner attended a DoP briefing of the upcoming amendments to the Act on 23 June 2009. The MPA attended a Northern Branch PIA seminar on 26 June 2009, where the DoP Director of the Northern Region provided a brief overview of the new procedures for preparing LEP?s.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The new plan-making provisions are unlikely to improve any environmental outcomes in the planning system.

 

Social

 

The new plan-making provisions may have some social benefits by improving the timeframe for the processing of minor Local Environmental Plans.

 

Economic

 

Economic benefits may come about if the changes can deliver a faster and simpler plan-making process.

 

Risk

 

There does not appear to be any inherent risks associated with the amended provisions of the EP&A Act

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The introduction of the new plan-making provisions should have no financial implication.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

18122/2009 - Planning Circular

 

?

?


Ordinary Council Meeting - 6 August 2009

Report on Amendments to the Environmental Planning & Assessment Act

Attachment 1

H:\ATTACHMENT_18122_2009\PLANNING CIRCULAR CHANGES TO EP&A ACT FOR PLANMAKI_.TIF - Planning Circular

 



?


Ordinary Council Meeting

6 August 2009

Director Environment & Planning's Report

ITEM 10.6??? SF241????????????? 060809???????? Report on Draft Nambucca Local Environmental Plan 2009

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 

Summary:

 

This report is presented to Council to keep it informed of the progress of draft Nambucca Local Environmental Plan 2009 (NLEP 2009).

 

A workshop was held on 3 April 2009 to address some specific items that required a Council resolution to ensure that Council?s intentions were reflected in the provisions of the draft plan. A meeting with the Department of Planning (DoP) was held on 12 May 2009 to fine tune Council's draft LEP requirements.

 

Further amendments were made to the draft LEP maps to increase the amount of rural-residential zoned land in accordance with the Minister?s advice by letter dated 28 May 2009.

 

Council staff again met with representatives of the DoP on 23 July 2009. From this meeting it is understood that a recommendation will be made by the Regional Office of DoP to the Director-General (DG) to issue a Section 65 Certificate, following consideration of three outstanding matters relating to: erection of dwelling houses on existing holdings; secondary dwellings on rural land; and, industries being a permissible land use on rural land.

 

 

Recommendation:

 

That Council note the progress report of draft Nambucca Local Environmental Plan 2009.

 

 

OPTIONS:

 

There are no options relating to this report, unless Council wishes to make further representations to the Department of Planning and/or the Minister for Planning.

 

 

DISCUSSION:

 

A workshop was held on 3 April 2009 to address some specific items that required a Council resolution to ensure that Council?s intentions were reflected in the provisions of the draft plan. The draft plan, as amended, was then referred to the DoP through a meeting on the 12 May 2009 requesting a Section 65 certificate to enable Council to put the draft plan on public exhibition.

 

The DoP subsequently provided Council with a raft of issues that it considered needed further consideration before it would issue a certificate. Council was also waiting on a response from the Minister in regard to Council's request for an increased Rural-Residential zone in the draft plan. The Minister subsequently allowed a further increase in the amount of rural-residential land to be zoned in the draft plan. This information was conveyed to Council at its meeting on 18 June 2009. The draft LEP maps were amended accordingly.

 

For the most part, the matters identified by the DoP that required further consideration were either administrative or procedural changes. No changes that would alter the integrity or Council?s intent were made to the draft plan.

 

The DoP was advised by letter dated 20 July 2009, in terms of the following:

 

?I refer to the comprehensive Nambucca Local Environmental Plan 2009 and Council?s previous application submitted in May 2009 to the Department of Planning (DoP) for a S65 Certificate to exhibit the draft plan.

 

As a result of this application Council received comments from the DoP and a response to these comments is attached to this letter. Where considered appropriate amendments have been made to the draft LEP.

 

In addition to these changes, Council has also made amendments to the extent of rural-residential land (R5 zone) in the shire by endorsing the Ministers option to release the unconstrained former 1(c) zoned land in addition to lands identified in the Rural-Residential Strategy.

 

Appropriate changes to the LES have been made to reflect amendments to the draft LEP.

 

This is Councils third application for a certificate to exhibit the draft plan. As such Council requests that the Director-General issue Council with a certificate pursuant to section 65(1) of the EP&A Act. Any further amendments required by Director General are requested to be in accordance with S65(2) of the EP&A Act.

 

Note: As discussed with the DoP?s Planning Officer, minor drafting and grammatical corrections may be made via email correspondence with Council?s planning staff. Major contextual changes should be requested formally, in writing to Council.?

 

To ensure there was no misunderstanding, Council?s Director Environment and Planning, Manager Planning and Assessment and Strategic Town Planner met with representatives of the DoP on 23 July 2009 to discuss the draft plan and in particular those provisions that have not been amended or retained, notwithstanding the concerns raised by the DoP. The DoP advised that only the following three matters needed further consideration before a Section 65 certificated would be issued:

 

1??????? Erection of dwelling houses on land in certain rural and environmental zones

 

This is a local provision that relates to the erection of a dwelling on an existing holding. The DoP advised:

 

?Does Council have any objection to this clause being replaced with the following settled model clause??

 

The clause referred to above has been developed by the DoP in an attempt to provide a standard clause for all new LEP's to deal with the erection of dwellings on existing holdings. This clause was discussed at the meeting and the DoP was advised that Council would prefer that its clause was retained in the draft plan. It was considered that the draft DoP clause was far too repetitive and did not provide any material benefit to the intention of the ?existing holding? provisions.

 

The DoP representatives generally agreed that Council?s clause was better than the draft standard clause. However, they would have to confer with their colleagues in the Sydney Office before advising if any changes are required.

 

2??????? Secondary Dwellings

 

The DoP advised:

 

?Secondary dwellings in the RU1, RU2 and E3 zones are not desirable and should be prohibited in these zones. Council is encouraged to use ?dual occupancy ? attached? or ?rural workers dwellings? to fulfil Council?s intentions.?

 

The DoP was advised:

 

?The inclusion of Secondary dwellings is a resolution of Council to endeavour to address the current issue with parents retiring on their land whilst their children run the land, and not living in an attached dual occupancy situation.?

 

Having regard to the above, the DoP was advised that unless a directive was made by the Director General, its suggested changes were not acceptable to Council. The DoP advised that it would give this matter further consideration before the Section 65 certificate is issued.

 

3??????? Industries in rural zones

 

The DoP requested Council to remove ?industries? as a permissible land use in the rural zones.

 

The DoP was advised that ?industries? should ?not be removed, in order to maintain consistency with existing Clause 24.?

 

The DoP advised that it would give this matter further consideration before the Section 65 certificate is issued.

 

The DoP representatives advised that following consideration of the above matters, a recommendation will be made to the DG to issue a Section 65 certificate. It was anticipated that a certificate should be with Council by late August/early September.

 

 

CONCLUSION

 

The DoP representatives gave an undertaking that if any further changes were required to the draft plan prior to exhibition, they would be in accordance with a directive made by the DG.

 

In accordance with previous advice, the LES and draft NLEP 2009 have been prepared in accordance with the directions, plans, policies and State government guidelines and within the limitations of the standard template LEP and other legislative requirements.

 

 

CONSULTATION:

 

The Strategic Town Planner and the Director of Environmental Planning were consulted in the preparation of this report.

 

The Strategic Town Planner has been in regular discussions/consultation with the DoP in the preparation of the amendments to Draft Nambucca Local Environmental Plan 2009.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The draft LEP will improve environmental management by ensuring that all land is appropriately zoned and the associated provisions are consistent with best planning practice.

 

Social

 

A new up to date LEP will provide the planning framework for continuing growth and prosperity, which will support the social fabric of Nambucca Shire?s urban and rural community.

 

Economic

 

The new LEP will influence future economic development.

 

Risk

 

The LES and plan preparation process will identify environmental constraints, which is a risk management process to mitigate environmental impacts.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Preparation of the new LEP has been undertaken on a very tight budget allocation. It has been primarily undertaken by the Strategic Planner and achieved within the allocated Strategic Planning program budget.

 

Source of fund and any variance to working funds

 

The funds have come from the current budget allocations and no variations are sought.

 

Attachments:

There are no attachments for this report.

??


Ordinary Council Meeting

6 August 2009

Director of Engineering Services Report

ITEM 11.1??? SF98??????????????? 060809???????? Road Naming - Little Mary Lane, Centra Park Street and Fairway Cove, Macksville

 

AUTHOR/ENQUIRIES:???? Keith Williams, Manager Technical Services ????????

 

Summary:

 

Council has received applications for the naming of three public roads.? Two submissions are for roads within new subdivisions and one is for a previously unnamed laneway.? Road names are considered suitable by Council staff.

 

Proposed names have been advertised with submissions sought up to 10 July 2009.

 

The period has concluded and no objections have been received.

 

Recommendation:

 

That Council adopt the names of Little Mary Lane, Centra Park Street and Fairway Cove, Macksville with the names to be gazetted, notification made to the relevant Government agencies and advertised in a local newspaper.

 

OPTIONS:

 

Adopt the names

Refusal

 

 

DISCUSSION:

 

Council has received an application to name Little Mary Lane, Centra Park Street and Fairway Cove in Macksville.?

 

Little Mary Lane is a previously unnamed laneway located between Matilda and Mary Streets, Macksville. Little Mary Lane was previously advertised with a proposed name being Reynolds Lane.? The public exhibition period attracted opposition to this proposal and the most popular alternative name put forward was Little Mary Lane.? At its meeting on the 4 June 2009 Council resolved to advertise the name of the laneway directly behind 28 Matilda Street as Little Mary Lane, Macksville.

 

Centra Park Street is located within a new industrial subdivision, an extension of Macksville Industrial Estate.

 

Fairway Cove is located within a new urban subdivision off Wallace Street Macksville.

 

The names have been chosen for their local relevance, for example (Fairway) and their functions (Lane).? The three names and reasons for selection are as follows:

 

ROAD

PROPOSED NAME

COMMENTS ON ROAD NAMING

Previously unnamed laneway

Little Mary Lane

Historical name

Road within a new industrial subdivision

Centra Park Street

Name common to developers subdivisions

Road within a new subdivision

Fairway Cove

Named after its proximity to the Macksville Country Club

 

In accordance with the regulations the proposal was advertised and letters to Register General and Surveyor General and Cadastral Data Information Sourcing of Department of Lands, Australia Post, Ambulance Services NSW in Nambucca Heads and Macksville, NSW Fire Brigade, NSW Rural Fire Service, NSW Police Force, State Emergency Services, NSW Volunteer Rescue Assn Inc and Nambucca Heads Local Aboriginal Land Council were advised in writing.

 

No objections were received from the public.

 

The Department of Lands advised that the name was reviewed under the Geographical Names Board Guidelines and there were no objections.

 

The deadline of 10 July 2009 has now been passed and the matter can be concluded for the three road names by a final round of notifications.

 

 

CONSULTATION:

 

Advertised in the local newspaper.

Letters to Register General and Surveyor General and Cadastral Data Information Sourcing of Department of Lands, Australia Post, Ambulance Services NSW in Nambucca Heads and Macksville, NSW Fire Brigade, NSW Rural Fire Service, NSW Police Force, State Emergency Services, NSW Volunteer Rescue Assn Inc and Nambucca Heads Local Aboriginal Land Council.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No new impact on the environment.

 

Social

 

The names and signpost provide means of identification.

 

Economic

 

Ongoing maintenance cost of the sign is low if only wear and tear apply.

 

Risk

 

Poor identifications of addresses can lead to difficulties for emergency services, couriers and services.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The applicant for the new subdivision will meet all sign costs.

 

Source of fund and any variance to working funds

 

Developers to pay for their signage and no variance to working funds.

 

Attachments:

1View

15318/2009 Advice from Department of Lands

1 Page

2View

14238/2009 Letter to Reynolds family advising Council favours the name Little Mary Lane

1 Page

3View

5961/2009 Map - Little Mary Lane Macksville

1 Page

4View

14370/2009 Map - Centra Park Street and Fairway Cove, Macksville

1 Page

?

?


Ordinary Council Meeting

6 August 2009

Director of Engineering Services Report

ITEM 11.2????? SF992????????????? 060809???????? Report on Nambucca Emergency Operations Centre Committee Minutes - 22 July 2009

 

AUTHOR/ENQUIRIES:??????? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

The Committee addressed the issue of priorities for building maintenance.

 

 

Recommendation:

 

That Council adopt the minutes of the Nambucca Emergency Operations Centre Committee meeting held on 22 July 2009.

 

 

 

OPTIONS:

 

No other options are required.

 

 

DISCUSSION:

 

The Committee discussed the agenda items as presented.? Each meeting addresses issues and progress within budgets. ?A copy of the minutes of 22 July 2009 is attached.

 

 

CONSULTATION:

 

Members of the Nambucca Emergency Operations Centre Committee (NEOC)?Council, RFS and SES

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant impact.

 

Social

 

Committee aims to provide equity among facility users.

 

Economic

 

Council, as the landlord, is responsible for building and ground maintenance.

 

Risk

 

The meeting allows the user groups to come together and discuss matters of common interest and understand the office and storage needs of the RFS and SES.

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget provides $5,000 from Council funds for building maintenance at NEOC.

 

Source of fund and any variance to working funds

 

No additional funds.

 

 

 

Attachments:

1View

18322/2009 - Minutes - Nambucca Emergency Operations Centre Committee - 22 July 2009

 

?

?


Ordinary Council Meeting - 6 August 2009

Report on Nambucca Emergency Operations Centre Committee Minutes - 22 July 2009

Attachment 1

18322/2009 - Minutes - Nambucca Emergency Operations Centre Committee - 22 July 2009

 

PRESENT

 

Cr John Ainsworth (Chairman)

Bruce Redman (Director Engineering Services)

Richard Townend (State Emergency Services)

Ron Monk (Technical Officer ? Assets)

Margaret McHugh (State Emergency Services)

 

Tony Jarret (Rural Fire Services)

 

 

 

APOLOGIES

 

Cr Mike Moran OAM

D Phillips (Rural Fire Services)

 

 

SUBJECT:?? DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

SUBJECT:?? CONFIRMATION OF MINUTES ? NAMBUCCA EMERGENCY OPERATIONS CENTRE COMMITTEE 27 MAY 2009

 

1/09? RESOLVED:???????????????????? (Townend/McHugh)

That the minutes of the Nambucca Emergency Operations Centre Committee of 27 May 2009 be confirmed.

?

 


?

Director Engineering Services Report

ITEM 8.1????? SF992??????????????? 220709????? State Emergency Services Building Materials

2/09? RESOLVED????????????????????? (Jarret/Townend)

That consideration of the State Emergency Services building extention be deferred to the 9 September 2009 by which time the State Emergency Service Regional Office will advise of funding.

 

 

 


ITEM 8.2????? SF992??????????????? 220709????? Rural Fire Service Building Extensions

3/09? ReSOLVED:???????????????????? (redman/Jarret)

 

That the Nambucca Emergency Operations Centre Committee recommends to Council the adoption of the plans to extend the Rural Fire Services section provided sufficient funding is provided.

 

4/09? RESOLVED ???????????????????? (McHugh/Townend)

That stage II be deferred for a redesign of doorways back to the original position but with the removal of the stairs.

 

 


 


ITEM 8.3????? SF992??????????????? 220709????? Occupation Health and Safety Inspections

5/09? ReSOLVED:???????????????????? (Jarret/McHugh)

 

1??????? That the Nambucca Emergency Operations Centre Committee note the progress on addressing the identified hazards.

 

2??????? That the responsibility for ensuring that the generator has sufficient fuel be identified and allocated.

 

 

 

 

 


ITEM 8.4????? SF992??????????????? 220709????? Works Program

6/09? ReSOLVED:???????????????????? (Redman/Jarret)

 

That the Nambucca Emergency Operations Centre note the progress of the Works Program.

 

 

 


???

GENERAL BUSINESS

 

GB10/09 - Slashing of Property (Ref SF992)

T Jarret requested for slashing of the property.

 

 

 

GB11/09 - Clearing of Eastern End of Property (Ref SF992)

R Townend requested that the eastern end of the property be cleared up by Council.

 

 

GB12/09 - Cleaning of Kitchen (Ref SF992)

R Townend requested that there be more frequent cleaning of the kitchen at the Nambucca Emergency Operations Centre.

 

GB13/09 - Cleaning meeting specification (Ref SF992)

R Townend requested that a check be made that the cleaning is meeting the specifications at the Nambucca Emergency Operations Centre.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 10.00 am.

 

Confirmed and signed by Cr John Ainsworth on 9 September 2009.

 

CR JOHN AINSWORTH

(CHAIRPERSON)

?


Ordinary Council Meeting

6 August 2009

Director of Engineering Services Report

ITEM 11.3??? SF1131??????????? 060809???????? Riverside Drive, Nambucca Heads - Funding for Landslip

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

On 18 June 2009, Council resolved to seek 50% funding for the bank retaining works adjacent to Jason Cottages, Riverside Drive Nambucca Heads from the Roads and Traffic Authority (RTA).

 

The RTA has now advised that it is unable to assist as Riverside Drive is a responsibility of Council.

 

 

Recommendation:

 

That a meeting be sought with the Minister for Roads to outline and support the submission for funding for Riverside Drive.

 

 

 

OPTIONS:

 

1??????? Submission seeking funding assistance to the NSW Minister for Roads

2??????? Meeting with the Minister for Roads

3??????? Lobby Local Member

4??????? Defer to June Budget Review

 

 

DISCUSSION:

 

A report was made to the RTA for funding towards the $500,000 cost of the retaining walls and bank protection below Jason Cottages.

 

The RTA has responded that since 1982 Riverside Drive has been under the care and control of the Nambucca Shire Council.

 

"The demand on the funds managed by the RTA far exceeds the amount available, and funding assistance is already being provided to Councils to the maximum extend possible.? I therefore advise that the RTA is unable to assist with our request for funding contributions for the Riverside Drive landslip".?

 

Future funding requirements for this section of Riverside Drive are significant.? Broad costings are:

 

1??????? Retain bank below Jason Cottages???????????????? $500,000

2??????? Retain bank below Doyle Lane?????????????????????? $500,000

3??????? Extended Rotarian wall???????????????????????????????? $300,000

4??????? Reconstruct Riverside Drive road formation

????????? (Woodbell Street to Waratah Street)?????????????? $750,000

5??????? Retain bank below Foreshore Close

????????? (subject to flood damage claim????????????????????? $500,000

 

This level of spending is beyond Council's capacity so the only option is to seek "special funding" from the NSW Minister for roads.? The basis for the request being the important role the road plays in providing the priority access to Nambucca Heads.


The need for the work can be justified through the reports prepared by GHD.? Reports have been received for sites 1 and 4 and will shortly be available for 2 and 3.? Site 5 is the subject of a Flood Claim and a preliminary assessment has also been carried out.

 

Council resolved to further consider funds at the June 2009 budget review, however, direct representation to the Minister for Roads is the only likely means to achieve success.

 

A submission can be prepared including the geotechnical reports and a request made for a meeting with the Minister for Roads to discuss the request in person.

 

 

CONSULTATION:

 

Roads and Traffic Authority

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Nambucca River is adjacent to Riverside Drive so any instability or erosion has a direct impact on the River.

 

Social

 

The sites of unstable land threatens private property as well as public infrastructure.

 

Riverside Drive is the main access to Nambucca Heads.

 

Economic

 

Riverside Drive is the main transport route into Nambucca Heads.

 

Risk

 

There is a potential loss of private assets (housing) and future closure of Riverside Drive.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Extra funding needed in the 2009/2010 budget.? Staging the work will impact probably on four consecutive budgets.

 

Source of fund and any variance to working funds

 

Only $165,000 can be reallocated with the 2009/2010 budget.? Without significant additional funds from Government, the work is unlikely to proceed.

 

Attachments:

1View

13878/2009 - Requesting funding under Regional Roads

 

2View

15052/2009 - Requesting financial contribution

 

3View

17078/2009 - Letter from RTA

 

4View

18634/2009 - Riverside Drive Land Slips - Map

 

?

?


Ordinary Council Meeting - 6 August 2009

Riverside Drive, Nambucca Heads - Funding for Landslip

Attachment 1

13878/2009 - Requesting funding under Regional Roads

 

Enquiries to:???? Bruce Redman

Phone No:??????? 02 6568 0232

Our Ref:?????????? RF256

Your Ref:?????????

 

 

 

11 June 2009

 

 

 

ATTENTION:? Mr D Bell

Roads and Traffic Authority

PO Box 576

GRAFTON? NSW? 2460

 

Dear Sir

 

REGIONAL ROADS ? RIVERSIDE DRIVE, NAMBUCCA HEADS

 

Council has faced continuous land stability issues relating to the road batters of Riverside Drive and the road structure itself.

 

Some of the problems relate to the steepness of an old quarry site on the western side of the road reserve that dates back to the road being the Pacific Highway.? At this site there are three houses at risk if no remediation measures are put in place.

 

Council engaged GHD to undertake a geotechnical investigation and determine the most appropriate solution.? The report nominates a combination of ?gabion? walls, shotcreting, re-establishment of batters and the relocation of drainage as the preferred remediation method.? The cost of construction, traffic control etc will be around $500,000.

 

Utilising the existing Regional Road funding is not an option as all funds need to be expended on the road pavement across all the categorised roads.? Additionally all the Federal Roads to Recovery funds are already allocated to necessary works.? The only viable option is for additional funding to be made available.

 

I would point out that Council has contributed three sections of gabion retaining structures over the years and have identified at least three other sections that will need similar protection.? Riverside Drive is adjacent to the Nambucca River and this is also impacting on the road itself which will also require future works at significant costs.

 

Council seeks the assistance of the Roads and Traffic Authority through the provision of extra funding.?

 


2

 

Roads and Traffic Authority

11 June 2009

RF256

 

 

 

Initially a significant contribution towards the $500,000 section between:

 

??????????? Woodbell and Bellwood Streets.?

 

Secondly a contribution to a section between:

 

??????????? Piggot and Nelson Streets which is yet to be costed but is likely to be a similar amount.

 

Please advise of the capacity of the RTA to assist financially regarding Riverside Drive, Nambucca Heads.

 

Yours faithfully

 

 

 

 

 

BRUCE REDMAN

DIRECTOR

ENGINEERING SERVICES

 

 

BRR:lrh

 

 

?


Ordinary Council Meeting - 6 August 2009

Riverside Drive, Nambucca Heads - Funding for Landslip

Attachment 2

15052/2009 - Requesting financial contribution

 

Enquiries to:???? Bruce Redman

Phone No:??????? 02 6568 0232

Our Ref:????????? SF1131

 

 

22 June 2009

 

 

 

ATTENTION:? Mr David Bell

Roads and Traffic Authority

PO Box 570

GRAFTON? NSW? 2460

 

Dear Sir

 

RIVERSIDE DRIVE, NAMBUCCA HEADS

 

Over the years Council has dealt with a number of unstable locations adjacent to Riverside Drive, Nambucca Heads.? This has included the construction of small sections of gabion rock retaining walls at three locations.

 

Riverside Drive remains unstable at other locations that have yet to be addressed.? There have been assessments undertaken by Douglas Partners with further investigation and design work completed this year by GHD to identify the issues and to come up with solutions.

 

The work by GHD includes methods of remediation for the ?Jason Cottages? section that includes a significant gabion rock width shotcreting and reshaping butters at an estimated cost of $500,000.

 

Riverside Drive was the Pacific Highway until the Nambucca Heads by-pass was put into place.? Some of the problems relate to roadside activities such as a small quarry area that was never rehabilitated and other sites such as the ?Jason Cottage? location where a combination of heavy rainfall and soil conditions has lead to unstable banks.

 

Council cannot afford to accept the full responsibility of the cost of the work and seeks financial assistance from the Roads and Traffic Authority because of the past classification as the Pacific Highway and the current status as a Regional Road.

 

Council seeks a 50% contribution of the tendered price once this occurs.? The estimated cost is $500,000 so a contribution in the order of $250,000 is sought. It is unlikely that this Council will be unable to address the remediation without this level of financial assistance.

 

A copy of the report is attached to allow thorough consideration of the request.

 

Yours faithfully

 

 

BRUCE REDMAN

DIRECTOR

ENGINEERING SERVICES

 

BRR:lrh

Enc:?? GHD Report

cc:???? Mayor and ?? General Manager

?


Ordinary Council Meeting - 6 August 2009

Riverside Drive, Nambucca Heads - Funding for Landslip

Attachment 3

17078/2009 - Letter from RTA

 

?


Ordinary Council Meeting - 6 August 2009

Riverside Drive, Nambucca Heads - Funding for Landslip

Attachment 4

18634/2009 - Riverside Drive Land Slips - Map

 

 


?


Ordinary Council Meeting

6 August 2009

Director of Engineering Services Report

ITEM 11.4??? SF741????????????? 060809???????? Report on Plant Operations

 

AUTHOR/ENQUIRIES:???? Noel Chapman, Manager Civil Works ????????

 

Summary:

 

Council has requested that the report on Major Plant come forward from the Plant Committee to a regular meeting agenda.

 

The Operational Report?Major Plant is a circularised document.

 

 

Recommendation:

 

That Council note the report to the Plant Committee on Major Plant.

 

 

 

OPTIONS:

 

No other option

 

 

DISCUSSION:

 

The Plant Committee comprises:

 

The Mayor; Councillors Ainsworth, Moran, Finlayson and South; the Manager Civil Works; the Plant Supervisor; the Finance Officer (Expenditure) and the Overseer.

 

The Committee meets 3 to 4 times a year to discuss the purchasing for future budgets and policy matters such as leasing vs purchasing.

 

Operational Report?Major Plant

 

Statistics are kept on the use and cost of ownership and operation for the major plant.? The last report for 1 July 2008 to 1 May 2009 is circularised.

 

Future agendas will include discussions on plant utilisation and the suitability of some plant relating to changing work practices.

 

 

CONSULTATION:

 

Plant Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

No changes.

 

Social

Council's Major Plan is involved in road maintenance and construction across the network.

 

Economic

 

Major Plant is expensive to purchase.? The fleet is tailored to meet operations eg one of the excavators has been sold and a number of sedans and utilities are being leased rather than purchased.


 

Risk

 

Risks are reduced by providing a consistently high quality work output.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No changes.

 

Source of fund and any variance to working funds

 

The annual budget includes a replacement and operational costs.

 

Attachments:

1View

Circularised Document - Plant Operation Report 2008/2009 - Major Plant

 

?

?


Ordinary Council Meeting - 6 August 2009

Report on Plant Operations

Attachment 1

Circularised Document - Plant Operation Report 2008/2009 - Major Plant

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on Plant Operations

 

 

 

Circularised Document - Plant Operation Report 2008/2009 - Major Plant

 

??Pages

 

?


Ordinary Council Meeting

6 August 2009

Director of Engineering Services Report

ITEM 11.5??? SF1185??????????? 060809???????? Tree Planting Plan 2009/2010

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

Council resolved to consider the Draft Tree Planting Plan for 2009/2010 after allowing for further Councillor comment, before it was implemented.? The Plan is now presented.

 

 

Recommendation:

 

That Council endorse and adjust the 2009/2010 Tree Planting Plan.

 

 

OPTIONS:

 

1??????? Adopt

2??????? Modify

3??????? Not adopt

4??????? Defer

 

 

DISCUSSION:

 

Council resolved that a Draft Tree Planting Plan be presented to Council for consideration.

 

The Plan covers the five main urban areas.? There is an emphasis on the town entries and preference for native plants that have striking flowers.? Changes have been made to the tree species for Scotts Head and Bowraville compared to the report on 16 July 2009.

 

The full plan is as follows:

 

Nambucca Shire Council

Tree Planting Plan 2009/10

 

Site

Tree Species

Description

Number

of plants

Cost

(Supply, Plant, Protect & Initial Maintenance)

 

VALLA BEACH

Valla Beach Community Centre