NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

17 September 2009

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

 

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

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

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

When are Council Meetings Held?

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

Confidential items (ie Items for Closed Meeting) are dealt with at the end of the Ordinary (Open) meeting.? This session of a Council meeting is closed to the media and general public.? The Council then returns to Open Meeting and any members of the public are welcome to attend.

 

How can a Member of the Public Speak at a Council Meeting?

 

Members of the public are welcome to attend meetings and address the Council providing the item is listed on the agenda.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? These items will be brought forward at 5.30 pm in agenda order, and dealt with before other items.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as outlets in all towns and villages of the Shire.

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 17 September 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 - 3 September 2009

5??????? DELEGATIONS?Motion to hear Delegations

6??????? ASKING OF QUESTIONS WITH NOTICE

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

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? South Arm Hall Committee of Management - AGM
9 August 2009

8.3???? Nambucca Heads Museum - Committee of Management - Minutes of AGM 18 August 2009 and General Meeting
21 July 2009

8.4???? Missabotti Community Centre Committee of Management AGM - 15 July 2009

8.5???? Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 8 August 2009

8.6???? Independent Pricing and Regulatory Tribunal - Revenue Framework for Local Government - Draft Report

8.7???? Nambucca Valley Phoenix Ltd - Expression of Interest in Relocating Operations

8.8???? Draft Integrated Water Cycle Management Strategy - Community Feedback Report

9??????? Director Environment and Planning Report

9.1???? Outstanding DA's >12 months, applications where submissions received and not determined to 4 September 2009

9.2???? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

9.3???? Development Application Statistics with Comparable Figures for all Developments for 2008/2009 and Comparable Years from 2004-2009

9.4???? Contract Regulatory Officer's Report - August 2009

9.5???? Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville

9.6???? Report on DA 2009/128 - 2 lot Rural-Residential Subdivision

9.7???? Further Report on Staging of DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

9.8???? Progress report on Our Living Coast Sustainability program

9.9???? DA's and CDC's Received and Determined under Delegated Authority to 25 August-8 September 2009

10????? Director Engineering Services Report

10.1?? State Emergency Services Annual Report

10.2?? Waste Management - Cost of Clean Fill

10.3?? Flood Damage - February, March/April and May 2009 ???

11????? ASKING OF QUESTIONS WITHOUT NOTICE


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

Pecuniary ? must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary ? Significant Conflict ? Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary ? Less Significant Conflict ? Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary ? An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary ? A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.? The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.? You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

?        It may be appropriate that no action is taken where the potential for conflict is minimal.? However, council officials should consider providing an explanation of why they consider a conflict does not exist.

?        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).? Care needs to be taken when exercising this option.

?        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

?        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

??


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.1????? SF959????????????? 170909???????? 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

JULY 2008

1

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.

 

2

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.

 

Preparation of Plan of Management commenced.


 

OCTOBER 2008

3

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.? Property boundaries defined. Concepts 2 weeks, report 6 weeks.

 

Catchment Assessment:

?????? Draft report received on 21 August 2009

????? Under review by Council staff.

 

Draft returned to GHD with comments.

 

NOVEMBER 2008

4

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

 

5

SF688

4/12/08

That during the first half of 2009/10?? 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.

Ads to appear 17 September 2009.

 

6

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.

 

 

FEBRUARY 2009

 

7

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

 

Preparation of Plan of Management commenced.

 

8

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

 

9

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).

 

Response from RFS attached 17 Sept 2009.

 

 

10

DA09/049

5/03/09

The RTA 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.

Verbal request to provide a response.

No written notification 10 August 2009.

No written notification 21 August 2009.

 

Further requests for response made 3 Sept 2009. ?No written notification as at 7 Sept.

 

 

11

SF791

19/03/09

That a report 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.

 

Services already allowed for in lot plan

 

APRIL 2009

 

12

SF959

16/04/09

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

Clrs

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.

Next meeting for Councillors Court, Flack, Smyth and South is scheduled for 9.00 am Meeting held Monday 24 August 2009.

Meeting scheduled for 9.00 am 8 Sept 2009.

 

 

13

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.

No response at 10 August 2009.

 

The RTA is endeavouring to respond to all claims as they are received by either site inspection or photographic evidence assessment.? RTA office advises all Councils that urgent issues, particularly those involving public safety, can be discussed and if possible agreed by phone and email to expedite their early restoration.

 

Claims from all affected parties are not received at the one time, and many involve staged submissions, inspections and complex investigation and design for the restoration of slips and bridges.? As such, it is not possible to advise a timetable.

 

 

14

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.

Workload with natural disasters means this has to be deferred to GPC October 2009.

 

Included in GPC 16 September 2009.

 

MAY 2009

 

15

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.

Further letter up letter sent 10 September.

 

 

16

SF21

07/05/09

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

 

GM

August 2009.? Council?s Engineering Designer? is delayed with natural disaster work and preparing a design for Council?s industrial land in Nambucca Heads.

 

 

17

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

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

 

 

18

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

 

19

SF1213

07/05/09

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

 

DES

December 2009

 

20

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.? Delayed to October 2009.

 

21

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 ? simply acknowledged

No reply at 21 August 2009.

No reply at 7 Sept 2009.

 

 

22

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.

Included in GPC 16 Sept 2009.

 

 

23

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.

 

Information provided on sampling.

 

24

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.

Water quality meets standards downstream.

On-hold.

 

 

JUNE 2009

 

25

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 forwarded to Chamber for 1st round of comment.

Report will be prepared for Council once comment is received.

 

 

26

SF639

4/6/2009

Review of Tourism Function

 

GM

Deferred to 16 September GPC.? In business paper for 16 September.

 

JULY 2009

 

27

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. Brief prepared for Geotechnical Consultants.

Expressions of interest being sought for an Options Study.

RTA has approved options study.

In relation to deputation follow up letter sent 8 Sept 2009.

 

 

28

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

 

29

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

 

30

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.

Matter deferred for consideration at next Access meeting.

 

31

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.

 

32

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.

 

33

SF1213

16/07/09

Council undertake a workshop to explain the making of rates and rating categories generally.

 

GM

Scheduled for GPC on 14/10/09

 

34

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

January 2010.

 

AUGUST 2009

 

35

SF1269

06/08/09

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

 

DES

October 2009.

 

 

36

SF1269

06/08/09

That the existing policy that requires staff to open Councillor?s mail be brought to Council for review ? including relevant legislation.

 

GM

September 2009.? In business paper.

 

37

SF382

06/08/09

Scotts Head Draft Master Plan.? Preparation of a business plan and finalisation of principles.

 

DES

The Department of Lands and consultants to attend Council on a date to be fixed.

 

Dates of GPC 17/9 and 14/10 suggested.

 

 

38

SF1102

06/08/09

Advice on legal consequences of not proceeding with draft IWCM strategy; advice from DWE re not proceeding with draft IWCM strategy; application for grant funding of $20m from the Commonwealth.? Also that Council review its drought management strategy.

 

GM

Letters sent.? A meeting has been sought with Minister for Water and Climate Change in Port Macquarie on 25 August 2009.

 

Discussions to be arranged with DWE on review of drought management strategy.

 

 

 

39

SF285

06/08/09

Council write to Coffs Harbour City Council enquiring as to whether the proposed Coffs Coast rail motor service has progressed.

 

GM

Letter sent to Coffs Harbour GM on 14/8/09.

 

40

SF1131

06/08/09

A meeting be sought with the Minister for Roads to outline and support the submission for funding for Riverside Drive.

 

DES

Letter sent.

 

41

SF1269

20/08/09

Council review its Code of Conduct.

 

GM

October 2009

 

42

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed.

 

43

QWN 263

20/08/09

Irvines Road ? Piggery - DA

 

DEP

DA received and being assessed.

 

44

QWN 264

20/08/09

Nambucca River Cruises ? application for license

 

GM

Council resolved to seal licence 3 Sept 2009.? Licence and cheque sent 10 Sept 2009.

 

45

5.2

Notice of Motion

20/08/09

Council receive a bimonthly report that individually lists all required flood restoration work and the current status of each job.

 

DES

September 2009.

 

 

46

SF1269

20/08/09

Council write to the RTA requesting immediate reimbursement of expenditure on emergency works subsequent to the flood events earlier this year.

 

DES

 

 

47

5.5

Notice of Motion

 

20/08/09

Council review its Street Tree Guidelines policy

 

DES

November 2009.

 

 

48

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review in 12 months.

 

GM

September 2010.

 

49

Q With N

20/08/09

Cr Flack ? Board displaying policy and reward re tree vandalism and also advice on stabilising slope with trees being killed.

 

DES

October 2009.

Dept of Lands has been asked to consider a vegetation management process to avoid vandalism.

 

 

50

SF843

20/08/09

That an approach be made to Port Macquarie Hastings Council and Kempsey Council seeking a special Professional Fishes Vehicles on Beaches Permit.

 

DES

Letter sent to both Councils.

 

51

SF652

20/08/09

Report to Council on feasibility of Donnelly Welsh Playing Fields as site for Men's Shed

 

DES

October 2009.

Men's Shed advised of outcome and comments sought.

 

SEPTEMBER 2009

 

52

SF1407

3/09/09

When Council next conducts a ratepayer survey, pose questions concerning importance of climate change and what expenditure priority should be attached to it.

 

 

GM

Next ratepayer survey scheduled for late 2010, 3 years after the last survey.

 

53

SF1407

3/09/09

Council receive a report on the cost of carting fill re $10/tonne fee on clean fill.

 

DES

Report to Council on 17/09/09.

 

54

SF1412

3/09/09

GM write to Minister for Education and Training and advise that Council is not in favour of Thistle Park being community land.

 

GM

Letter setting out Council?s reasons sent on 7/09/09.

 

55

SF1360

3/09/09

That Council seek a meeting with the NSW Minister for Transport to request a significant contribution to the replacement of the bridge over Deep Creek.? Andrew Stoner MP to be advised of the situation.

DES

Letter drafted.

 

Attachments:

1View

21909/2009 -? Planning of Bush Fire Protection

 

?

?


Ordinary Council Meeting - 17 September 2009

Outstanding Actions and Reports

Attachment 1

21909/2009 -? Planning of Bush Fire Protection

 

?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.2????? SF334????????????? 170909???????? South Arm Hall Committee of Management - AGM
9 August 2009

 

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

 

Summary:

 

The report acknowledges the annual general meeting of the South Arm Hall Committee of Management and the new Committee.? A copy of the minutes of this meeting are provided below.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the South Arm Hall and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the South Arm Hall Committee of Management was held on 9 August 2009.

 

The Committee of Management for 2009/2010 is:

 

????????? President??????????????????????? Terry Noble

????????? Secretary??????????????????????? Maria Tesser

????????? Treasurer ??????????????????????? Alba Sky.

 

The Committee outlined a number of concerns by the residents and these have now been brought to the attention of the Director Engineering Services and include:

 

1??????? Possum Gully Bridge?flood damage, safety concerns

2??????? Tree at Fire Shed?diagnosed with white ants?request for Council to fell or pay for felling

3??????? Green and Red Wheely Bins at South Arm Hall?for use at the Hall

4??????? Bins provided at South Arm Hall for drop off rubbish by residents

 

 

CONSULTATION:

 

Director Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 


Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no implications for working funds.

 

 

COPY OF AGM MINUTES:

 

 

"Maria Tesser

Secretary South Arm Hall Committee

South Arm Road

Bowraville. 2449

 

Michael Coulter

C.E.O.

Nambucca Shire Council

Princess St

Macksville.2447

 

 

Dear Michael

I write on behalf of the above committee to inform you of our A.G.M. held on Sunday the 9/8/09 at the hall.

 

There was no new interest in the executive positions so they remain the same as for the last four years. I believe you have a list of the positions and the people holding them at council.

 

However Cr Martin Ballangarry did attend the meeting.

 

Minutes from previous meeting were read moved by Maria and seconded by Gwen that they be accepted.

There was no business arising as this was all dealt with in the preceding general meeting.

Correspondence was also dealt with in the general meeting.

Treasurers Report:

Balance as at 30/6/09: $4555.35

Income: $6587.10

Expenditure: $8252.50

Joan Rossington audited the books,

Moved by Rhonda and seconded by Alba that report be accepted.

 

With Cr Ballangary present he was made aware of the work that has been done to the hall and also the work that needs to be done as well as the work we would like to carry out by way of grants.

Some concerns by the residents were brought to his attention these being specifically;

Possum Gully Bridge:

?The bridge sustained some damage in the floods this year and there is some concern that a car tyre could get caught in the broken bits on the entrance from town if you do not know the bridge and one of the big bolts at the same entrance sticking up is a hazard for tyres. The approach to town has dropped below the level of the road and poses a problem again for tyres and unsuspecting motorists. We took Cr Ballangary and showed him the bridge.

Tree At Fire Shed:

There is a tree next to the fire shed that has been looked at by a tree lopper and has been diagnosed with white ants and needs to be felled. The cost of this being quoted at $150.00 we would like to ask council to pay for the felling or have one of councils crew take care of it for us.

Wheely Bins at Hall:

We would ask council to provide a green and red Wheely bin for the use at the hall as the garbage pick up is no longer in operation and the 44gallon drums are too difficult to take to town where a wheely can be loaded to a ute and easily tied and taken when other rubbish is taken to town by residents.

The issue of rubbish caused great discussion and everyone wanted me to inform council that the residents are very unhappy with the new system in place at the dump as well as the increased cost, believing that it would lead to a lot of domestic waste being dumped in and around the dump and state forests, as I am sure you would be aware of.

There was also talk of asking council to have bins put at the hall that residents could drop rubbish into and then be picked up by council is this a pie in the sky notion or a real possibility? I have seen it done in other rural communities.

 

The meeting closed at eleven am.

Maria tesser

Secretary."

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.3????? SF588????????????? 170909???????? Nambucca Heads Museum - Committee of Management - Minutes of AGM 18 August 2009 and General Meeting
21 July 2009

 

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

 

Summary:

 

The report acknowledges the annual general meeting of the Nambucca District Historical Society Committee of Management and the new Committee as well as the minutes of its general meeting on 21 July 2009.? A copy of both meeting minutes are attached.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Nambucca Heads Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Nambucca District Historical Society Committee of Management was held on Tuesday 18 August 2009.?

 

The Committee of Management for 2009/2010 is:

 

????????? President??????????????????????? Tom Pepper

????????? Vice President???????????????? Edna Stride

????????? Secretary??????????????????????? Rhona Bunton

????????? Assistant Secretary???????? Ruth Glasson

????????? Treasurer ??????????????????????? June Matthews

????????? Auditor??????????????????????????? Mr H Stone

 

 

CONSULTATION:

 

None.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no implications for working funds.

 

 

 

Attachments:

1View

21659/2009 - Minutes of AGM & General Meeting

 

??


Ordinary Council Meeting - 17 September 2009

Nambucca Heads Museum - Committee of Management - Minutes of AGM 18 August 2009 and General Meeting

21 July 2009

Attachment 1

21659/2009 - Minutes of AGM & General Meeting

 








?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.4????? SF321????????????? 170909???????? Missabotti Community Centre Committee of Management AGM - 15 July 2009

 

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

 

Summary:

 

The report acknowledges the annual general meeting of the Missabotti Community Centre Committee of Management and the new Committee.? A copy of the minutes of this meeting are attached.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Missabotti Community Centre and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Missabotti Community Centre Committee of Management was held on 15 July 2009.

 

The Committee of Management for 2009/2010 is:

 

????????? President??????????????????????? June Owen

????????? Vice President???????????????? Marnie Moran

????????? Secretary??????????????????????? Deb Selby

????????? Treasurer ??????????????????????? Mark Selby

????????? Publicity Officer?????????????? Brian Creevey

????????? Committee Members:?????? Mick Moran; Kerrie Smith; Mark Hudson; Jeff Unwin; Dawn Jackson.

 

 

CONSULTATION:

 

Director Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no implications for working funds.

 

 

 

 

Attachments:

1View

21497/2009 - Minutes - Annual General Meeting 15 July 2009

 

??


Ordinary Council Meeting - 17 September 2009

Missabotti Community Centre Committee of Management AGM - 15 July 2009

Attachment 1

21497/2009 - Minutes - Annual General Meeting 15 July 2009

 


?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.5????? SF315????????????? 170909???????? Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 8 August 2009

 

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

 

Summary:

 

The report acknowledges the Annual General meeting of the Mary Boulton Pioneer Cottage and Museum Committee of Management held on 8 August 2009, and the new Committee.

 

 

 

Recommendation:

 

That Council endorse the Committee of Management for the Mary Boulton Pioneer Cottage and Museum and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Mary Boulton Pioneer Cottage and Museum Committee of Management was held on 8 August 2009.

 

The new office bearers for the Committee are:

 

Ms Joy Lane??????????????????? President

Mr Keith McDonald????????? Vice President

Mrs Valerie Ennis??????????? Secretary

Ms Gwenda Dew????????????? Treasurer

Mr Geoff Minett??????????????? Research Officer

Ms Brenda Gadsby Publicity Officer

Ms Leanne Welsh??????????? Garden Manager

 

Council, at its meeting on 5 April 2007, resolved that the name of the Macksville and District History Group Committee of Management be changed to the Mary Boulton Pioneer Cottage and Museum Committee of Management.

 

It is noted from the attached minutes that the Committee of Management have resolved to have a draft constitution drawn up for Mary Boulton Pioneer Cottage and Museum to become the primary constituted body to administer the Cottage and surrounds under Council's Section 355 Committee Guidelines, with the assistance of a Council staff member.

 

 

CONSULTATION:

 

Property Manager

Director Environment and Planning

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

This Committee is dedicated to the care, control and management of the Mary Boulton Pioneer Cottage and Museum.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risks associated with this report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact direct or indirect on current and future budgets.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

 

 

 

Attachments:

1View

20349/2009 - Minutes of AGM held 8 August 2009

 

??


Ordinary Council Meeting - 17 September 2009

Mary Boulton Pioneer Cottage and Museum - Committee of Management - Annual General Meeting 8 August 2009

Attachment 1

20349/2009 - Minutes of AGM held 8 August 2009

 



?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.6????? SF770????????????? 170909???????? Independent Pricing and Regulatory Tribunal - Revenue Framework for Local Government - Draft Report

 

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

 

Summary:

 

The Independent Pricing and Regulatory Tribunal (IPART) has released its draft report on a Revenue Framework for Local Government.

 

IPART is proposing a revised framework for regulating local government rate increases.? IPART has developed two options, Option A and Option B.

 

Option B?is a new element in the Council rate revenue framework, but it is not envisaged that it would be operated in isolation of Option A.? In essence Option B provides that Councils that have achieved high standards of financial performance, planning and reporting, and have received a community mandate through consultation or a public vote can be granted full autonomy in rate setting over a four year electoral cycle.? The Minister would be responsible for determining each Council?s eligibility to move to Option B.

 

The threshold requirement for a Council to be eligible to adopt Option B should be based on adequate financial and asset management practices as opposed to adequate financial performance.

 

 

Recommendation:

 

Council make a submission in response to the IPART draft report, ?Revenue Framework for Local Government?, advising that the report is a positive step towards a more enlightened approach to local government finance and that the threshold requirement for a Council to be eligible to adopt Option B should be based on adequate financial and asset management practices as opposed to adequate financial performance.

 

 

OPTIONS:

 

The form of any submission is completely open.? Council could also choose not to make a submission.

 

DISCUSSION:

 

The Independent Pricing and Regulatory Tribunal (IPART) has released its draft report on a Revenue Framework for Local Government.? The executive summary is a circularised document.

 

The report contains detailed discussion of the apparent advantages and disadvantages of rate pegging as it exists in NSW.? The draft report summarises the key arguments for and against rate pegging as follows:

 

?The key arguments against rate pegging, as it currently operates, are:

?????? it lacks transparency and weakens the accountability of Councils to their communities by removing the link between Councils, communities and the rate setting process

?????? it does not necessarily reflect movements in Council costs

?????? it encourages a short term focus and discourages medium term planning of expenditure and income.

 

The concerns relating to transparency, accountability and efficiency are not unique to NSW.? However, no other state (with the exception of the Northern Territory) has had rate pegging for the last decade.? IPART found that while other states (eg Victoria) have at times controlled Council rates, and that similar controls are used in some overseas jurisdictions, it is now more common for local government in Australia to have a greater autonomy in rate setting than is currently the case in NSW.

 

Against this, a number of Councils recognised the primary benefit of rate pegging; that is, the protection of ratepayers from excessive increases in their rate bills.? In addition, it was argued that rate pegging encourages the use of alternative revenue sources such as user charges, which, for users, have a more transparent link between their decision to use and pay for, Council services.?

 

IPART is proposing a revised framework for regulating local government rate increases.? IPART has developed two options, Option A and Option B.

 

Option A?arrangements are envisaged as the minimum or default option for all Councils under the framework.? Option A maintains the essential ratepayer protection elements of the current system while improving the rigour, transparency and independence of the rate pegging process.? In terms of reporting, there is a close nexus with the requirements under the Integrated Planning and Reporting Framework.

 

Option B?is a new element in the Council rate revenue framework, but it is not envisaged that it would be operated in isolation of Option A.? In essence Option B provides that Councils that have achieved high standards of financial performance, planning and reporting, and have received a community mandate through consultation or a public vote can be granted full autonomy in rate setting over a four year electoral cycle.? The Minister would be responsible for determining each Council?s eligibility to move to Option B.

 

The proposed reforms are a positive step towards a more enlightened approach to local government finance that is comparable with that of other States.? The threshold requirement for a Council to be eligible to adopt Option B should be based on adequate financial and asset management practices as opposed to adequate financial performance.? It may not be possible for many Councils to demonstrate their financial sustainability.? Nonetheless this should not prevent them from moving to a more sustainable footing.

 

Submissions on the IPART draft report are due by 18 September 2009.

 

CONSULTATION:

 

The matter has been discussed by the Mid North Coast Group of Councils.? Reference has been made to a submission to the Inquiry by Professor Percy Allan AM, Research Director of Review Today Pty Ltd.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

At this stage there are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary impacts.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

CIRCULARISED DOCUMENT - DRAFT REPORT

 

??


Ordinary Council Meeting - 17 September 2009

Independent Pricing and Regulatory Tribunal - Revenue Framework for Local Government - Draft Report

Attachment 1

CIRCULARISED DOCUMENT - DRAFT REPORT

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Independent Pricing and Regulatory Tribunal - Revenue Framework for Local Government - Draft Report

 

 

 

CIRCULARISED DOCUMENT - DRAFT REPORT

 

??Pages

 

?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.7????? SF737????????????? 170909???????? Nambucca Valley Phoenix Ltd - Expression of Interest in Relocating Operations

 

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

 

Summary:

 

Council has received the attached letter from Ms Robyn Fletcher, Chairperson of Nambucca Valley Phoenix Ltd asking if there is any suitable land available to relocate the disability service which is presently located in Bowraville.

 

Following a meeting with representatives of the Board of Directors it is understood they are interested in relocating to Macksville which is the centre of their catchment.

 

As the investigations into the potential relocation of Phoenix are at a preliminary stage, it is recommended that Council staff provide Phoenix with advice in identifying and evaluating potential sites which are Council or Crown owned.

 

 

Recommendation:

 

Council staff provide Nambucca Valley Phoenix Ltd with advice in identifying and evaluating potential sites which are Council or Crown owned for the potential relocation of the service.

 

 

OPTIONS:

 

Council can elect not to provide Nambucca Valley Phoenix Ltd with any assistance in their possible relocation.? An alternative view is that Council should provide some assistance as Nambucca Valley Phoenix Ltd is an important community based, not for profit service which provides meaningful work, social support and therapy for people with a mental disability who otherwise may have little interaction with their community.

 

DISCUSSION:

 

Council has received the attached letter from Ms Robyn Fletcher, Chairperson of Nambucca Valley Phoenix Ltd asking if there is any suitable land available to relocate the disability service which is presently located in Bowraville.

 

Following a meeting with representatives of the Board of Directors it is understood they are interested in relocating to Macksville which is the centre of their catchment.? In particular the southern end of the Donnelly Welsh Fields is in close proximity to a range of services.? The Service would require a large shed to conduct their operations, a plant nursery and possibly a residential care facility comprising 2 to 3 four bedroom dwellings.

 

The southern end of Donnelly Welsh Park in the Plan of Management is identified as potentially surplus. There is a section of vegetation which should be preserved.

 

The actions under 6.2.2.7 of the Plan of Management are:

 

"Council and Committee to review the area needed for current and future sporting use. Surplus land may be identified that could be used for development or re vegetation.

 

Council after review to determine the best use of the surplus land whether sale, lease, rehabilitation of vegetation or alternate community use."

 

So a review needs to be conducted and the proposal could be identified as an option for the use of the land.

 

Any dwellings would need to meet the minimum floor height in terms of flooding.? In order to achieve satisfactory drainage and vehicle access, substantial filling would be required for any shed.

 

As the investigations into the potential relocation of Phoenix are at a preliminary stage, it is recommended that Council staff provide Phoenix with advice in identifying and evaluating potential sites which are Council or Crown owned.? Council would be provided with a further report identifying the preferred sites together with a site plan showing the layout of the facility.? At that time it would be appropriate for Council to make any decision which may be required to reclassify land.

 

CONSULTATION:

 

There has been consultation with representatives of Nambucca Valley Phoenix Ltd and Council?s Director Engineering Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

At this stage there are no particular risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

20798/2009 Nambucca Valley Phoenix disability service

 

??


Ordinary Council Meeting - 17 September 2009

Nambucca Valley Phoenix Ltd - Expression of Interest in Relocating Operations

Attachment 1

20798/2009 Nambucca Valley Phoenix disability service

 

?


Ordinary Council Meeting

17 September 2009

General Manager's Report

ITEM 8.8????? SF1102??????????? 170909???????? Draft Integrated Water Cycle Management Strategy - Community Feedback Report

 

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

 

Summary:

 

The community feedback period closed on 7 August 2009 with seventy one completed feedback forms received.

 

Over 50% of respondents provided positive views or support about the Bowraville off river water storage project.

 

It is proposed that final determination of the IWCM be deferred until completion of the concept design and EIS for the off river water storage as well as the review of the drought emergency management strategy.?

 

 

Recommendation:

 

That the information concerning community feedback on the draft Integrated Water Cycle Management Plan be received.

 

 

OPTIONS:

 

Council has options of adopting or not adopting the draft Integrated Water Cycle Management Strategy.? As it is an integrated strategy it will be difficult to adopt only parts of the Strategy.

 

DISCUSSION:

 

The draft IWCM strategy was on public exhibition from 12 June to 24 July 2009, to give the community an opportunity to provide feedback.? Feedback forms were included with water rate notices, which were sent to approximately 8,000 property owners.? Two information sessions were held on 22 July 2009.? The community feedback period closed on 7 August 2009 with seventy one completed feedback forms received.

 

Attached is a community feedback report prepared by consultants KJA who are responsible for managing community consultation for the proposed Bowraville off river water storage.

 

Over 50% of respondents provided positive views or support about the Bowraville off river water storage project.? Key issues for respondents included concerns about the cost of the project, taste of water, environmental impact and the potential lost opportunity to secure state government funding because of indecision.? Other issues were:

 

?????? Need education strategy about water reuse

?????? Consider modular style of implementation

?????? Operating costs.? Sustainable/alternative energy source.? Higher rates

?????? Cost of stormwater harvesting -v- Bowraville off river water storage and compulsory water tank installation

?????? Necessary adjustment for inappropriate past expenditure but refer to above strategy.

 

It is proposed that final determination of the IWCM be deferred until completion of the concept design and EIS for the off river water storage as well as the review of the drought emergency management strategy.? The deferral will allow the consideration of an updated costing for the dam and any unforeseen costs which may arise out of the review of the concept design and EIS.

 

CONSULTATION:

 

There has been consultation with the Project Manager for the off river storage.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As the report is for information there are no implications for the environment.

 

Social

 

As the report is for information, there are no social implications.

 

Economic

 

As the report is for information, there are no economic implications.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As the report is for information, there is no impact on budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

23028/2009 - IWCM Community Feedback Report

 

??


Ordinary Council Meeting - 17 September 2009

Draft Integrated Water Cycle Management Strategy - Community Feedback Report

Attachment 1

23028/2009 - IWCM Community Feedback Report

 

??


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 170909???????? Outstanding DA's >12 months, applications where submissions received and not determined to 4 September 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.

 

 

 

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

Noise consultant report received and applicant notified

See Report in Agenda Papers

 

 

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

2009/128

25/02/2009

2 Lot Rural-Residential Subdivision plus Residue

Lot 10 DP 1033603, Scotts Head Road, Way Way

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

? Access is a high hazard floodway

? 7B Wetlands vulnerability to be considered

? Believes has area of threatened species

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

? Concerns re bushfire hazard protection and dwelling envelopes

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

21/04/09 NSW RFS not prepared to issue 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

8/07/09 ? Further referred to Rural Fire Service

Currently being assessed ? still awaiting comments from RFS

RFS comments received 3/09/09

See report in Agenda papers.

 

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.

Application called in

Report to be prepared for Council meeting of 15/10/09

 

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/197

19/06/09

Additions to Museum

Lot 151 DP 801984, 29 High Street, Bowraville

? Drainage Issues

Issues being considered

 

2010/004

06/07/09

13 Lot Residential Subdivision

Lot 95 DP 1099538, Seaforth Drive, Valla Beach

? Farming and horticulture activities on adjoining land ? spraying carried out which may cause noise issues at night

? Prospective purchasers to be informed of this

Land proposed to be subdivided is zoned Residential 2(a). Buffer distances comply with Council?s DCP 16.

 

2010/013

17/07/09

Rural-Residential Shed

Lot 252 DP 843060, 5 Cocos Court, Nambucca Heads

? Believe it is going to be used for commercial reasons and therefore should be not approved

? Loss of privacy and lifestyle

? Loss of outlook and views

? Size and position of the shed

? Would the use of the shed create more traffic?

12/08/09 ? Advice received from applicant

Issues being assessed

Site meeting to be arranged with applicant

 

2005/339/01

7/08/09

Dual Occupancy (Modification)

Lot 85 DP 228703, 132 Ocean View Drive, Valla Beach

? Current drainage does not cope

? Proximity to fence line

? 2 storey house may impose on sun and privacy

Issues to be addressed in the assessment of the application

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 170909???????? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

 

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

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2009-2010 compared with 2008-2000 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

 

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

 

3????????? That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2009-30 June 2010.

 

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

 

 

Development Application Statistics

 

The figures show a 28.95% increase in the number of DA?s received for August 2009 with construction costs increasing by 38.84% compared to the same period in 2008/2009. The total number of DA?s/CD?s approved for the month of August was 23 plus 0 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2008-August 2008

$2,563,590

27

35

July 2009-August 2009

$4,191,916

38

48

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

41.75

40

51

83

32

February

90.00

54

165.1

575

17

March

36.27

33

51.70

140

3

April

34.59

21

53.23

153

2

May

62.94

36

72.72

307

12

June

45.60

35

85.36

939

12

July

48.78

29

70.52

198

24

August

52.19

29

67.09

305

17

 

#Average age of DA?s

 

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

 

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

 

 

 

 

39

2009 Council

1

3

2

2

3

2

2

2

 

 

 

 

17

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (August)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

217

561

141

2005

180

504

110

2006

191

498

145

2007

189

525

146

2008

195

480

124

2009

163

502

110

 

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2002

20

3

7

8

15

7

13

13

16

13

13

14

142

11.80

2003

18

7

7

14

24

19

18

10

17

17

21

19

191

15.90

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

 

 

 

 

32

4.0

Council
2009

21

11

19

14

14

15

10

17

 

 

 

 

121

15.13

 



Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.3????? SF1261??????????? 170909???????? Development Application Statistics with Comparable Figures for all Developments for 2008/2009 and Comparable Years from 2004-2009

 

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

 

Summary:

 

Development Application statistics are provided for the financial years 2004/2005 to 2008/2009 with a detailed breakdown on applications for the financial year 2008/2009.

 

 

Recommendation:

 

That Council note development application statistics and processing times for the years 2004 to 2009.

 

 

DISCUSSION

 

Provided below is a detailed breakdown on the types of developments where applications have been made for the 2008/2009 financial year compared to previous years to 2004. The (%) relates to the current year compared to the previous year. As can be seen there has been a continued decline in DA numbers from the boom years of 2003/2004 and 2004/2005.

 

However, the number of new dwelling approvals had a slight recovery in 2006/2007 but has also been on the decline for the past two years.

 

The global financial crisis and the uncertainty that this generated in Australia and NSW is considered to be the main driver behind the following statistics.

 

 

2008/2009

2007/2008

2006/2007

2005/2006

2004/2005

DA Numbers

233 (-29.18%)

301 (-1.33%)

305 (-3.48%)

321 (-37%)

512 (-5%)

DA Value

$49,393,046
(-10.85%)

$54,799,241
(+33.49%)

$36,445,849
(-10.01%)

$40,500,864
(-17.57%)

$49,134,213
(-19%)

 

 

 

2008/2009

2007/2008

2006/2007

2005/2006

2004/2005

Dwelling Nos

54 (-27%)

74 (-18.6%)

91 (+71%)

53 (-62.4%)

141

Dwelling Values

$13,579,161 (-8.9%)

$14,911,897
(-12.2%)

$16,985,052
(+61.7%)

$10,497,781
(-59.9%)

$25,944,209

 

 

 

2008/2009

2007/2008

2006/2007

2005/2006

2004/2005

Average Value Dwellings

$251,466
(+25.0%)

$201,512
(+7.37%)

$186,650
(-5.76%)

$198.071
(+7.6%)

$184,000
(+10.0%)

 

 

For the financial year 2008/2009, the area receiving the greatest number of applications was the rural-residential area of the Shire with a total of 59 (24.9%) applications to the value of $5,453,032 (11.04%).

 

Nambucca Heads was next with 44 (18.6%) applications at $31,577,358 (63.94%), followed by Macksville with 37 (15.6%) applications with an investment of $17,147,906 (3.86%).

 


The remaining applications are as follows:

 

Rural?????????????????????????????? 31 (13.1%)?????????? $1,668,712 (? 3.38%)

Valla Beach ??????????????????? 30 (12.7%)?????????? $5,077,455 (10.28%)

Scotts Head??????????????????? 17 (? 7.1%)?????????? $2,603,659 (? 5.27%)

Bowraville??????????????????????? 10 (? 4.2%)?????????? $?? 751,840 (? 1.52%)

Villages?????????????????????????? ? 9 (? 3.8%)?????????? $?? 342,750 (? 0.69%)

 

A total of 54 new dwelling applications were received for the 12 month period with the rural and rural-residential areas leading the way with 22 new dwellings (16 being in rural-residential areas) with a total investment of $4,578,018. Valla Beach was next best with 16 new dwellings at $3,941,133 then Scotts Head and Nambucca Heads with 5 each with combined value of $2,872,343.

 

The number of subdivision applications received for 2008/2009 was 36 with 19 of these being for rural-residential (relating to the additional 40 rural residential lots afforded by the DoP) subdivisions. A total of 28 subdivision plans were released creating 65 new lots compared to 40 subdivision plans and 190 new lots last year. The new lots for 2008-2009 are outlined below.

 


 

SUBDIVISION PLANS RELEASED 1 JULY 2008-30 JUNE 2009

 

Rural-Residential:

 

 

No of Plans Released

 

Additional Lots Created

3

 

12

 

 

 

Residential:

 

 

No of Plans Released

 

Additional Lots Created

7

 

27

 

 

 

Rural:

 

 

No of Plans Released

 

Additional Lots Created

5

 

4

 

 

 

Industrial/Commercial:

 

 

No of Plans Released

 

Additional Lots Created

1

 

18

 

 

 

Boundary Adjustments:

 

 

No of Plans Released

 

Additional Lots Created

7

 

0

 

 

 

Road Widening:

 

 

No of Plans Released

 

Additional Lots Created

2

 

0

 

 

 

Strata:

 

 

No of Plans Released

 

Additional Lots Created

3

 

24

 

 

 

Community Title:

 

 

No of Plans Released

 

Additional Lots Created

0

 

0

 

 

 

Leasehold:

 

 

No of Plans Released

 

Additional Lots Created

0

 

0

 

 

 

Consolidation of Lots:

 

 

No of Plans Released

 

Additional Lots Created

1

 

2

 


COMPARISON OF DEVELOPMENT APPLICATION PROCESSING TIMES 2007/2008 WITH 2008/2009

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.4????? SF1148??????????? 170909???????? Contract Regulatory Officer's Report - August 2009

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for August 2009.

 

 

Recommendation:

 

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

 

 

 

Dogs

Total

Total

Seized

 

14

Returned to Owner

3

 

Impounded

11

 

Total Seized

14

14

Breakdown

Total

Total

Seized

 

14

From Previous Month

 

1

Stolen Dog Recovered

 

0

Released to Owner

1

 

Returned to Owner

3

 

Euthanized

4

 

Currently in Pound

7

 

Sold

0

 

Stolen from Pound

0

 

Total in Pound

15

15

Dumped

6

 

Surrendered

0

 

 

 

Cats

Total

Total

Seized

 

8

Returned to Owner

0

 

Impounded

8

 

Total Seized

8

8

Breakdown

Total

Total

Seized

 

8

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

8

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

8

8

Dumped

0

 

Surrendered

0

 

 


 

Kilometres travelled

3,078

 

 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

47

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.5????? DA2009/086????? 170909???????? Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville

 

AUTHOR/ENQUIRIES:???? Ben Oliver, Senior Town Planner ????????

 

Summary:

 

Applicant:???????????????????? Mr Okko Boer

 

Proposal:????????????????????? Two (2) lot rural subdivision

 

Property:?????????????????????? Lot 2 DP 1115454, 883 Lower Buckrabendinni Road Buckrabendinni

 

Zoning:????????????????????????? Rural 1(a1)

 

The development application proposes to subdivide a large rural property into two lots. One of the proposed lots (Lot 21) does not have frontage to a Council public road, but has frontage to Hanging Rock Road, which provides the only means of vehicular access to the land and the proposed building envelope.

 

Hanging Rock Road is a single lane width unsealed gravel Crown road, not currently under the control of Council. If the application is approved, then Hanging Rock Road will be transferred to Council in accordance with the Department of Land and Property Management Authority protocols for road transfer. Should Council not approve the application, then the road will remain a Crown road.

?

The issue of Crown roads has attracted much attention recently and Council will now have a better appreciation that the transfer of Crown roads is an added burden in terms of the maintenance of road assets and raises significant financial issues for Council. Council needs to carefully consider each application on its merits and weigh up whether the approval of a subdivision with access from a Crown road is in the public interest. In this instance it is considered that the costs to Council of approving the creation of one (1) additional lot with a dwelling entitlement in an isolated rural area, is not justified.

 

In addition to the concerns regarding access, the development of the land is also constrained by steep slope and thick remnant vegetation which limits the future erection of a dwelling to a small elevated plateau directly beside Hanging Rock Road. This raises additional concerns relating to the suitability of the site for the erection of a rural dwelling, given the potential bushfire impacts and dust nuisance from traffic, including logging trucks on Hanging Rock Road.

 

For these combined reasons the application is recommended for refusal.

 

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

 

 

Recommendation:

 

That Council determine DA 2009/086 for a two lot rural subdivision by refusing the application, for the following reasons:

 

a????????? Pursuant to Section 79C(1)(a)(i) of the EP&A Act, and Clause 11 b(i) & (ii) of Nambucca Local Environmental Plan 1995, the development proposal is not consistent with the objectives of the zone by virtue of its environmental impacts and potential to create unreasonable and uneconomic demands for provision of services.?

 

b????????? Pursuant to Section 79C(1) (a) (iii) of the EP&A Act the development proposal and in particular the proposed location of the building envelope on Lot 21 does not comply with DCP (4) Subdivision by virtue of its potential to present a bushfire risk and be adversely affected by dust nuisance.

 

c????????? Pursuant to Section 79C(1) (b) of the EP&A Act the proposed development and in particular the requirement for clearing on steep slopes to support asset protection zone and on-going road maintenance, will have adverse environmental and economic impacts.

 

d????????? Pursuant to Section 79C(1) (c) of the EP&A Act the physical constraints on the land are not suitable for the development as proposed.

 

e????????? Pursuant to Section 79C(1) (e) of the EP&A Act the financial impost on general ratepayers is not justified by the creation of one additional lot and refusal of the application satisfies the public interest based on financial sustainability concerns.

 

 

OPTIONS:

 

As an alternative to the recommendation, Council has the option of approving the development application. It is noted that the subdivision proposal is permitted with Council consent and satisfies the minimum lot size requirements. However, the bushfire Safety Authority certificate from the RFS comes with a number of conditions and a general advice which starts with "The RFS raises concerns with the identified building footprint within the proposed Lot 21"? Draft conditions of consent are attached to this report for Council?s information should it be of the mind to approve the application, noting that a draft condition has been included requiring the applicant to upgrade part of Hanging Rock Road to the standard of a public road.

 

 

DISCUSSION:

 

Background

 

The land proposed to be subdivided originally formed part of a larger farm on multiple titles which was consolidated and re-subdivided with approval being granted under delegated authority in 2007 (reference DA 2007/016). As part of the original application the then land owners (Mr Okko Boer, Mr Werry and Mr Seahouse) sought to subdivide the land into five (5) lots, however Council staff advised that they would not support two of the lots because of concerns regarding access being required off Hanging Rock Road. Subsequently, the application was amended by deleting two of the lots, so that no new lots required access off Hanging Rock Road.

 

The current application is proposing an identical layout to the one which did not have the support of Council when it was previously submitted. The position of the Planning Department remains consistent with previous advice that no new lots should be created with access from Hanging Rock Road.

 

Development Proposal

 

It is proposed that the existing property which includes an old rural dwelling house, be subdivided into two (2) large rural lots. One of the lots (Lot 21) will be accessed from Hanging Rock Road which is a single lane width unsealed gravel Crown road. Because of the steep slope, remnant vegetation and access issues, the building envelope is restricted to a small elevated plateau directly beside Hanging Rock Road.

 

At present the main traffic on Hanging Rock road is limited to logging trucks accessing the adjoining state forest and sightseers accessing the lookout. It does not appear that any existing rural dwellings rely on Hanging Rock Road as their primary means of access.

 

The issue of subdivisions being accessed by Crown roads has attracted much attention recently with two separate rural-residential subdivisions being proposed off a Crown road (Smiths Lane) near Bowraville. Council needs to carefully consider each application on its merits to ensure that the subdivision does not result in an unsustainable financial burden on Council. In most instances, where subdivisions are proposed off Crown roads, Council will take the opportunity to initiate a ?user pays principle? and require the developer to construct the road and dedicate it to Council as public road, so that the costs are not borne by general ratepayers. A Section 94 contribution also applies for rural subdivisions and in this instance, a contribution of $4,821 would be levied for future road maintenance.

 

While this approach is workable where a number of lots are proposed off a small section of crown road, it is not practical in an isolated rural setting where one additional lot is proposed off a long section of crown road. In this case, it would be cost prohibitive to require the developer to construct the crown road to public road standard and alternatively it would be an unjustifiable financial burden for Council to either construct or maintain the road for one additional rural lot.

 

In addition to the unresolved access issue, there are concerns regarding the location of the proposed building envelope and the impact of bushfire and dust nuisance. The building envelope is restricted to a small elevated plateau in the north-eastern corner of the land and less than 50 metres from Hanging Rock Road. Although the NSW Rural Fire Service have issued a bushfire safety authority for the subdivision, they continue to have concerns with the development of the land and its ability to satisfy Planning for Bushfire Protection Guidelines 2006. In this regard they have included the following disclaimer to their approval:

 

?The RFS raises concerns with the identified building footprint within proposed Lot 21. The asset protection zones (APZ) required will be located on lands that are greater than 18 degrees. Issues relating to the extent of land clearing, the difficulties of on-going maintenance of the required APZ's, the risk of land de-stabilisation on these slopes where land clearing has taken place andthe possibility of vegetation located upon steep slopes supporting a crown fire. In this regard the council should ensure management requirements do not conflict with the management of APZ?s required by the NSW Rural Fire Service?.

 

The dust concerns are a direct result of the close proximity of the building envelope to the unsealed road and the fact that the building envelope cannot be easily relocated to another part of the land. Council?s DCP(4) Subdivision requires bitumen sealing for a 100m distance, unless the dwelling can be sited 300m from the road. If Council were to require bitumen sealing, it is arguable that the roadworks would be largely ineffective given the close proximity of the dwelling and the use of the road for logging trucks.?

 

In summary it is considered that a combination of all these issues indicates that the site is not suitable for the proposed development and the development would create an unreasonable and uneconomic demand for the provision of services and the application should therefore be refused.

 

 

CONSULTATION:

 

Council?s Director of Engineering Services has reviewed the application and noted that transfer of Hanging Rock Road to Council would be a significant cost burden that is not justified and not compensated by the developer contribution charges levied for rural road maintenance.

 

Department of Land and Property Management Authority were referred a copy of the application and advised that approval of the subdivision would initiate their road transfer protocols and the road would be gazetted to Council.

 

The application was referred NSW Rural Fire Service on two separate occasions. In the first instance the RFS were not prepared to issue a bushfire safety authority under section 100B of the Rural Fires Act, because of concerns relating to slope and vegetation and the ability to provide asset protection zones around the building envelope. Eventually the RFS were prepared to issue approval with the general advice referred to above.

 

The RFS advice is not common practice and raises some concerns for Council whether the land constraints will accommodate the measures required to comply with ?Planning for Bushfire Protection Guidelines 2006?.

 


DISCUSSION:

 

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

 

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

 

(a)??????? the provisions of

 

(i)???????? any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

The zoning of the land under Council?s LEP 1995 is 1(a1) Rural. The proposed subdivision is permissible with development consent in the zone. However it is considered that the proposal does not satisfy the general objectives for the entire zone which state:

 

???????? ?a????? to protect, conserve and enhance natural and scenic resources and wildlife habitat refuges and corridors, and

 

???????? b?????? to control development that could:

 

???????? i??????? have an adverse impact on rural character; or

 

ii??????? create unreasonable or uneconomic demands for the provision or extension of public amenities and services; or

 

iii?????? cause adverse physical effects such as erosion hazard, bushfire risk, flooding and other similar effects.?

 

(ii)??????? any draft environmental planning instrument

 

None specifically applicable to the development.

 

(iii)?????? any development control plan (DCP)

 

DCP (4) ? Subdivision

 

The main concerns with the subdivision of the land in relation to the DCP are as follows:

 

?????????????? The building envelope on proposed Lot 21 does not maintain a sufficient setback to Hanging Rock Road to address the potential for dust nuisance. It is considered that bitumen sealing of the road would be largely ineffective.

?????????????? The building envelope does not maintain a sufficient setback to side boundaries to adequately address the provision of asset protection zones, to minimise bushfire threat and the building envelope cannot be easily relocated because of the steep slope of the land.

?????????????? Proposed Lot 21 does not have direct frontage to a public road, but depends on access over a Crown road. Hanging Rock Road will be transferred to Council in the event that the application is approved and Council will be expected to upgrade and maintain the standard of the road, to service one additional lot in an isolated rural area.

 

(iiia)???? any planning agreement

 

There is no planning agreement that applies to the land or the proposed development.

 


(iv)?????? any matters prescribed by the regulations

 

None specifically applicable to the development.

 

bb??????? the likely impacts of the development

 

If the development were approved, then Hanging Rock Road would be transferred to Council in accordance with the Department of Land and Property Management Authority protocols. This would create an unreasonable and uneconomic demand for council to maintain a large section of rural road that is used predominantly by logging trucks.

 

The future erection of a dwelling in the nominated building envelope would require substantial vegetation clearing which would be impractical and undesirable from an environmental perspective and it is questionable whether the development would satisfy the Planning for Bushfire Protection Guidelines 2006. Furthermore the close proximity of the building envelope would be adversely impacted by dust nuisance irrespective of whether the road is bitumen sealed.

 

cc??????? the suitability of the site for the development

 

The development of the land is dependent on demonstrating that the physical constraints are appropriate or can be overcome by proper site analysis and appropriate design responses. The application has not resolved either of these issues to the satisfaction of the Planning Department, and it is considered that the physical constraints on the site that would make the land unsuitable for the development as proposed.

 

d????????? any submissions made in accordance with the Act or the regulations

 

Council received no submissions during the exhibition of the development application.

 

e????????? the public interest

 

Approval of the development would not satisfy the public interest because it will add an additional burden to Council?s road assets and create an unreasonable and uneconomic demand for services, not justified by one additional lot in an isolated rural area.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The main physical constraint over the land are its steep slope and remnant vegetation. Development of the land for a rural dwelling would require significant clearing that could have adverse impacts on natural and scenic resources and wildlife habitat refuges and corridors and cause adverse physical effects such as erosion hazard and bushfire risk

 

Social

 

The development will create one additional lot with a dwelling entitlement and therefore increase the supply of land and rate base. However, the potential costs to Council and the general public does not justify approval of the application.

 

Economic

 

Approval of the application would have significant financial consequences to Council which have been detailed in previous sections of this report.

 


Risk

 

There is an opportunity for the applicant to challenge Council?s decision, in the event that the application is refused. If this eventuated, the Planning Department is confident that it could successfully defend a decision of refusal.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Dependent on the likelihood of a challenge, in the event that Council refuses the development application

 

Source of fund and any variance to working funds

 

Not applicable

 

 

DRAFT CONDITIONS

 

In the event that Council was of the mind to approve the proposal the following draft conditions of consent should be applied

 

 

GENERAL CONDITIONS

 

1??????? Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects & plan of proposed Subdivision

DWG No: 290022.pro

Alan Bardsley

18/12/2008

 

In the event of any inconsistency between conditions of this development consent and the plan and supporting document referred to above, the conditions of this development consent prevail.

 

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

 

 

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

 

 

2??????? Long Service Levy to be paid

 

A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

 


3??????? Engineering Construction Plans

 

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the works in the following table in accordance with Council?s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Road works

Hanging Rock Road fronting the building envelope for proposed Lot 21 is to be constructed as a 6m wide bitumen seal with a minimum 8m wide formation within a minimum 20m wide road reserve. The road works and any associated drainage works, must be in accordance with Council?s Aus-Spec #1 Design and Construction Specifications. The table drains are to be turfed for their full width.

 

Services

Water, electricity and gas and property access, are to comply with section 4.1.3 & 4.1.3.2 of ?Planning for Bushfire Protection 2006?.

 

Driveways

Sealed driveways, in accordance with Council?s rural driveway standards, from the edge of the bitumen seal to 3 metres within the property boundary of each of the proposed new allotments.

 

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

 

4??????? Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council?s Engineering Standard.

 

5??????? Toilet facilities

 

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

 

6??????? Site construction sign required

 

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

 

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

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

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

 

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

 


7??????? Written Notification

 

Written notification of intention to commence works must be forwarded to the Council seven (7) days prior to work commencing. Notification is to include contact details of the supervising engineer and site contractor.

 

8??????? Erosion & sediment measures

 

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Note: Council may impose on-the-spot fines of up to $600 for non-compliance with this condition.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

9??????? Construction times

 

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

 

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

b.?? Saturday, from 8.00 am to 1.00 pm.

 

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

 

10????? Responsibilities under the National Parks and Wildlife Act 1974

 

All earthmoving contractors and operators must be instructed that, in the event of any bone, or stone artefacts, or discrete distributions of shell, being unearthed during earthmoving, work must cease immediately in the affected area, and the Local Aboriginal Land Council and officers of the National Parks and Wildlife Service, informed of the discovery. Work must not recommence until the material has been inspected by those officials and permission has been given to proceed. Those failing to report a discovery and those responsible for the damage or destruction occasioned by unauthorised removal or alteration to a site or to archaeological material may be prosecuted under the National Parks and Wildlife Act 1974, as amended.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

 

11????? Plan of Subdivision

 

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council?s adopted schedule of fees and charges, must accompany such application. Six (6) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

12????? Plan of Subdivision and Section 88B Instrument requirements

 

A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dwelling Envelope

A restriction on the use of land shall be created to limit the erection of a dwelling on proposed Lot 21 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

As an alternative to reticulated electricity supply, Council may accept on-site electricity generation provided a restriction on title advises prospective purchasers that reticulated electricity supply is not connected to the proposed lots and any extension of electricity will be the responsibility and cost of the landowner seeking to extend electricity supply.? The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

NSW Rural Fire Service

 

Any further development application for class 1, 2 & 3 buildings as identified by the Building Code of Australia (BCA) must be subject to separate applications under section 79 BA of the EP & A Act and address the requirements of Planning for Bush Fire Protection 2006.

 

Road Dedication

Dedication of Hanging Rock Road as a public road as required with any and all costs associated with the dedication being borne by the applicant

A restriction on the use of land must be created to limit the erection of dwellings on proposed

Lot

?172 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval.

In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

 

A restriction on the use of land must be created to limit the erection of dwellings on proposed Lot 172 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

 

 

 

13????? NSW Rural Fire Service requirements

 

At the issue of subdivision certificate and in perpetuity, the land around the existing dwelling on proposed Lot 2 to a distance of 20 metres shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of Planning for Bushfire Protection 2006 and the NSW Rural Fire Services document ?Standards for asset protection zones?.

 

14????? Electricity Supply Certificate

 

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply throughout the subdivision.

 

As an alternative to reticulated electricity supply, Council may accept on-site electricity generation provided that a restriction is placed on title advising that reticulated electricity supply is not connected to the proposed lots and any extension of electricity will be the responsibility and cost of the landowner seeking to extend electricity supply.?

 

15????? Telephone Supply Certificate

 

Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of telephone supply throughout the subdivision.

 


16????? Contribution to be paid towards provision or improvement of amenities or services

 

Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The contribution rates for specific dates are available from Council offices during office hours.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Public reserves and community facilities

Lot

1

$1,724.45

$1,724.45

30 June 2010

Surf Lifesaving

Lot

1

$96.00

$96.00

30 June 2010

Rural Roads

Lot

1

$4,821.00

$4,821.00

30 June 2010

Project Administration

6%

 

 

$405.00

30 June 2010

TOTAL

 

 

 

$7,164.00

 

 

 

17????? Completion of All Works

 

All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

18????? Maintenance Bond

 

A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.6????? DA2009/128????? 170909???????? Report on DA 2009/128 - 2 lot Rural-Residential Subdivision

 

AUTHOR/ENQUIRIES:???? Ben Oliver, Senior Town Planner ????????

 

Summary:

 

The development application was previously considered by Council at its meeting on the 18 June 2009 where it was resolved:

 

?That Council defer the application so as to seek a relocation of the building envelope on the proposed Lot 2 further up the hill?.

 

The resolution was in response to concerns that the location of the building envelope on proposed Lot 2 was likely to result in unacceptable environmental impacts, resulting from the removal of native vegetation in proximity to a watercourse (Morgans Gully) and the obstruction of an overland flow path.

 

The applicant has submitted additional information which he believes fulfils Council?s resolution. An amended subdivision plan has been submitted which relocates the building envelope on Lot 2, 10m upslope to the east away from the vegetation and Morgans Gully. The additional information also proposes to replace the intermittent overland flow path that has resulted in some scouring and erosion upslope of Morgans Gully, with a rock protected and landscaped drainage line. Piped culverts will be installed at the end of the right of carriageway, which will also accommodate the reconstructed drainage line.

 

The overall result of the amendments to the original application is a net reduction in clearing and improved environmental outcome by containment of the overland flow path. The recommendation is for approval to be granted subject to conditions that ensure that any environmental impacts are minimised.

 

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

 

 

Recommendation:

 

1????????? That Council determine DA 2009/128 for a two (2) lot subdivision by the granting of consent subject to conditions attached to this report and including any minor changes to the consent made under the delegated authority, as authorised by the Director of Environment and Planning:

 

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

 

 

OPTIONS:

 

Council afforded the applicant an opportunity to amend the subdivision design to minimise the environmental impacts and the proposed changes achieve that objective. If Council are of the opinion that the proposal will continue to have unacceptable environmental impacts then it has the option of refusing the application or only approving one additional lot, rather than the two additional lots requested by the applicant.

 


DISCUSSION:

 

The initial notification of the proposal attracted several submissions from the local community who objected to the development of the land, because of environmental concerns. Despite the fact that the applicant submitted a detailed Ecological Assessment by Darkheart Eco-consultancy which concluded that the development of the land would not have a significant impact on any threatened species, endangered populations or endangered ecological communities (EEC), Council saw an opportunity for the subdivision layout to be amended to further minimise the environmental impacts. The amended application is substantially the same as the original proposal, in that it is seeking approval for two rural residential lots accessed by a right of carriageway off Grassy Head Road. The specific changes made to the application, were in response to Council?s resolution and are detailed as follows:

 

?????????????? The building envelope for Lot 2 has been relocated further uphill approximately 10m to the east. The building envelope is now positioned 10m from the common property boundary of the adjoining property to the east. Previously the building envelope was setback 20m from the adjoining common property boundary.

 

??????????? The extent of vegetation now proposed to be removed to support the required asset protection zones has been reduced. Only two (2) mature eucalypts are required to be removed to accommodate the asset protection zones around the building sites. One of those trees will be removed because it overhangs the building site and is likely to present a risk to future occupants. The remaining vegetation required to be removed consists of pockets of regrowth that appear to be less than five years old. Under scrubbing will only remove the understorey of predominantly invasive weed species (Lantana and Bracken Fern) or common immature native species. No clearing will occur within 40m of Morgans gully.

 

??????????? It is noted for Council?s attention that the removal of non-protected regrowth (defined as native vegetation that has regrown since January 1990) does not require approval under the Native Vegetation Act 2003.

 

?????????????? The intermittent overland flow path which begins at the spillway from a small dam located on the adjoining property and discharges to Morgan?s Gully is proposed to be reconstructed into a contained drainage line, with rock protection and landscaping. A piped culvert will be installed in the drainage line at the end of the proposed right of carriageway to improve access to Lot 2.

 

Because of the nature of the changes, the original assessment under Section 79c of the EPA Act 1979 stands, with revisions to incorporate the proposed changes and environmental impacts. The amended application was not renotified on the basis that the amendments were required to address Council?s resolution, which was based on concerns raised in submissions to the original application. Council?s DCP (12) Advertising and Notification does not require the readvertising or notification of amendments to a development application. The recommendation for approval remains unchanged, however the suggested conditions of consent have been reviewed and minor changes made to minimise impacts and ensure that the drainage line improvements are completed in accordance with the approved plan.

 

 

CONSULTATION:

 

The NSW Rural Fire Service were referred a copy of the amended plan and raised no concerns, subject to standard conditions ensuring compliance with Planning for Bushfire Protection Guidelines 2006.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The amended proposal results in an improved environmental outcome from the original proposal, with regard to reduced clearing impacts. In addition the application provides an opportunity to address the current occurrence of scouring and erosion in the intermittent drainage line and at the entrance to the property at Grassy Head Road, both of which will be reconstructed, rock lined for protection and landscaped.

 

Social

 

The development will create additional rural residential housing opportunities in a rural residential locality.

 

Economic

 

The development will be conditional on payment of contributions for rural roadworks and the additional lots will increase Council?s rate base.

 

Risk

 

There is always a risk to Council when it approves a development application that has been the subject of some community opposition. However a proper and balanced assessment of the application has been completed and the environmental assessment has concluded that the development of the land will not result in any significant adverse environmental impacts. The application is therefore recommended for approval.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable.

 

Source of fund and any variance to working funds

 

Not applicable.

 

 

SUGGESTED CONDITIONS OF CONSENT

 

1??????? Development is to be in accordance with approved plans

 

The development is to be implemented generally in accordance with the plans and supporting documents, endorsed with Council stamp dated?. and authorised signature, set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

1

Jock Palmer and Associates

Feb 2009

Plan of proposed Subdivision

5/05

Jock Palmer and Associates

June 2009

Plan of Drainage Line Improvements

Sheets 1 & 2

Jock Palmer and Associates

Undated

 

In the event of any inconsistency between conditions of this development consent and the plan and supporting document referred to above, the conditions of this development consent prevail.

 

 

2??????? Timeframe for completion

 

The subdivision must be registered with the Land Titles Office within three years of the date of this consent.

 

 

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

 

 

3??????? Sediment and erosion measures required

 

The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of Landcom?s, ?Managing Urban Stormwater, Soils and Construction?, Vol 1, 4th edition, dated March 2004.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

4??????? Long Service Levy to be paid

 

A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

 

5??????? Engineering Construction Plans

 

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the works in the following table in accordance with Council?s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

 

 

 

Road Construction

 

 

 

 

 

 

Services

The internal road (from Grassy Head Road to the boundary of proposed Lot 2) is to be constructed as a 4m wide bitumen sealed road on compacted road base, with a minimum 6m wide formation. The road works and any associated drainage works (comprising installation of piped culverts), must be in accordance with Council?s Aus-Spec #1 Design and Construction Specifications. The table drains are to be turfed for their full width.

 

The intersection of Grassy Head Road and the new internal road is to be upgraded to the requirements of Council?s Aus Spec #1 Design and Construction Specifications and be 6m wide at the entrance to the property.

 

Water, electricity and gas are to comply with section 4.1.3 of ?Planning for Bushfire Protection 2006?.

 

Installation of Culverts at property entrance and termination of Right of Carriageway

In accordance with DWE General Terms of Approval

(File No. 9047803), and as required to the satisfaction of Council for Drainage Line Improvements.

 

 


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

 

6??????? Consent required for works within the road reserve

 

Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Engineering Standard.

 

7??????? Toilet facilities

 

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

 

8??????? Site construction sign required

 

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

 

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

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

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

 

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

 

 

9?????? Written Notification

 

Written notification of intention to commence works must be forwarded to the Council seven (7) days prior to work commencing. Notification is to include contact details of the supervising engineer and site contractor.

 

10???? Erosion & sediment measures

 

Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Note: Council may impose on-the-spot fines of up to $600 for non-compliance with this condition.

 

11????? Vegetation clearing plan

 

A vegetation clearing plan is to be submitted to Council which clearly identifies vegetation proposed to be removed and individual trees proposed to be retained to create the required asset protection zones. The plan must be in accordance with the recommendations of the Ecological Assessment prepared by Darkheart Eco-Consultancy. Areas are to be clearly delineated on-site prior to work commencing.

 

 


THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

12???? Construction times

 

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

 

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

b??????? Saturday, from 8.00 am to 1.00 pm.

 

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

 

13???? Responsibilities under the National Parks and Wildlife Act 1974

 

All earthmoving contractors and operators must be instructed that, in the event of any bone, or stone artefacts, or discrete distributions of shell, being unearthed during earthmoving, work must cease immediately in the affected area, and the Local Aboriginal Land Council and officers of the National Parks and Wildlife Service, informed of the discovery. Work must not recommence until the material has been inspected by those officials and permission has been given to proceed. Those failing to report a discovery and those responsible for the damage or destruction occasioned by unauthorised removal or alteration to a site or to archaeological material may be prosecuted under the National Parks and Wildlife Act 1974, as amended.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

 

14???? Plan of Subdivision

 

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Six (6) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

15???? Plan of Subdivision and Section 88B Instrument requirements

 

A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dwelling Envelope

A restriction on the use of land shall be created to limit the erection of dwellings on proposed Lots 1 & 2 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

?

Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

Access

Right of carriageway over proposed new road.

Asset Protection Zones

a) The building envelope within proposed Lot 1 shall include an APZ of 20

metres to the west. The APZ shall consist of a minimum 10 metre inner

protection area (IPA) and 10 metre outer protection area (OPA). The remaining aspects of the proposed building envelope shall have a 10 metre IPA. All APZs shall be managed as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

b) The building envelope within proposed Lot 2 shall include an APZ of 20

metres to the north and west, 10m to the east. The APZs shall consist of a minimum 10 metre inner protection area (IPA) and 10 metre outer protection area (OPA). The southern aspect of the proposed building envelope shall have a 10 metre IPA. All APZs shall be managed as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

A restriction on the use of land must be cr

eated to limit the erection of dwellings on proposed

Lot

?172 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final pla

n of subdivision.

 

A restriction on the use of land must be created to limit the erection of dwellings on proposed Lot 172 to the indicative dwelling envelope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

 

 

16????? Survey of the location of the existing road carriageway

 

The location of the road carriageway in relation to the road reserve within and adjacent to the property location is to be determined by a registered surveyor. A survey plan showing the location is to be submitted to Council.

 

Where the road carriageway is not within the road reserve, a detailed plan (1:1000 scale) is to be submitted to Council showing the existing road formation and the existing fences and improvements in relation to the boundaries of the road reserve. On receipt of this plan the Authorised Council Officer will advise of the road widening or realignment requirements which must be included on a plan of subdivision. Any road widening required is to be dedicated at no cost to Council.

 

17????? Completion of All Works

 

All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

18????? Electricity Supply Certificate

 

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply throughout the subdivision.

 

19???? Telephone Supply Certificate

 

Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of telephone supply throughout the subdivision.

 

20???? Contribution to be paid towards provision or improvement of amenities or services

 

Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The contribution rates for specific dates are available from Council offices during office hours.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Public reserves and community facilities

Lot

2

$1,724.45

$3,448.90

30 June 2010

Surf Lifesaving

Lot

2

$96.00

$192.00

30 June 2010

Rural Roads

Lot

2

$4,821.00

$9,642.00

30 June 2010

Scotts Head Grassy Head Road

Lot

2

$113.00

$226.00

30 June 2010

Project Administration

6%

 

 

$810.50

30 June 2010

TOTAL

 

 

 

$14,320

 

 

 

21????? Certificates for Engineering Works

 

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council?s Engineering Standard.

 

22????? Works-As-Executed Plans

 

Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council?s GIS Officer.

 

In the case where development involves filling of flood prone land, an additional copy of the works-as-executed plan relating to earthworks and final plan of subdivision must be submitted detailing the 1% flooding contour.

 

23????? Maintenance Bond

 

A maintenance bond of 5% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 6 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.7????? DA2008/269????? 170909???????? Further Report on Staging of DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

 

AUTHOR/ENQUIRIES:???? Rhys Edwards, Health & Building Surveyor ????????

 

Summary:

 

This matter was presented to Council again at its 3 September, 2009 meeting when it was resolved to defer the determination of the application until the Draft Conditions reflected the request of the landowner that it be a stage development with Stage 1 Change of Use from Commercial to Residential/Commercial and Associated Building Alterations, and Stage 2 being the Deck and Garage.

 

The recommendation and Draft Conditions reflect this and is again presented to Council for final determination.

 

Applicant:????????????????????? Dex Consulting Pty Ltd

 

Proposal: ????????????????????? Deck, Garage & Internal Alterations; Change of Use to Residential/Commercial

 

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

 

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

 

The original development application (DA 2008/269), lodged on 23 June 2008, was for the construction of a deck and garage, and alterations to internal layout of building (Old Scout Hall). Routine assessment of the application revealed that no consent existed for residential occupation of the building. The applicant was then requested to lodge an application for change of use to mixed residential and commercial use for the building, which is permissible in the 2(v) zone.

 

Several submissions were received in response to notification (22 July 2008), relating to conflicting land-uses, perceived loss of commercial premises in Bowraville?s main street, parking and noise issues, and concerns about natural light and ventilation arising from the age and condition of the building.

 

On Wednesday 17 December 2008, a General Purpose Committee meeting was held on site in relation to the issues raised in the submissions. At the following Council meeting on 18 December 2008, the recommendation to approve the DA (subject to conditions) was lost due to concerns with land-use conflicts.

 

On 15 January 2009, a further report was presented to Council regarding this DA, which recommended the approval of the development, subject to the identified conditions. An amendment was put forward recommending that the item be deferred to enable potential noise issues to be addressed. The amended motion was subsequently adopted.

 

Council sought legal advice in regard to this application due to the mixed uses permitted in the 2(v) Village Zone and an independent noise assessment of the cool room motor of the neighbouring butchery. Both matters are addressed in the discussion section of this report. Both documents were previously circularised to Councillors only with the Business Paper as they are both privileged documents.

 

The legal advice suggested that the applicant will need to implement noise attenuation measures to ensure that the proposed change of use and associated change of noise control standards will not result in any unacceptable impact on the property as a result of the existing lawful commercial operations of the adjoining premises.

 

A further report was presented to Council at its 2 July 2009 Ordinary meeting when it was resolved to further defer the matter to enable the applicant to seek their own advice and respond to the legal and noise issues.

 

Information from the proponent's consultant (attached) has now been received and a number of the matters presented have been further considered which are outlined in the discussion section of this report.

 

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

 

 

Recommendation:

 

1????????? That development application 2008/269 for a Stage Development Stage 1 Change of Use from Commercial to Residential/Commercial and Associated Building Alterations, and Stage 2 Deck, Garage, be approved subject to the conditions included in this report.

 

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

 

 

OPTIONS:

 

Conditional approval is considered the only option in this matter in the light of the legal advice and noise assessments received, and the indication that the proposal can incorporate noise mitigation works to ensure that the ongoing operation of the Butcher Shop is not compromised.

 

 

DISCUSSION:

 

This application has been presented to Council now on several occasions and following the deferral on 2 July 2009, the subsequent receipt of additional information from the applicant and review by Council's noise consultant and legal advisors, the matter is now presented to Council for final determination with several matters requiring specific consideration.

 

In particular, the question in regard to the compliance of the operations of the adjoining butchery shop is raised as is the compliance of the current noise levels from the cool room motors associated with the butchers shop.

 

Both of these issues must be considered as it does have an impact on the consideration of the noise issue.

 

Council sought legal advice in regard to this application due to the mixed uses permitted in the 2(v) Village Zone and an independent noise assessment was undertaken of the cool room motor.

 

The legal advice sought was:

 

?????????????? The impact of the neighbouring cool room and cool room motor and whether this is relevant to Council?s consideration of DA 2008/269;

?????????????? The possible imposition of conditions on the applicant to mitigate against the noise;

?????????????? Is the proposed Change of Use correct to address the unlawful change of use by a previous owner;

?????????????? The issue of the installation of a fence and the neighbour?s access to the hot water system and cool room motor.

 

Deacons have clarified this position through their advice dated 22 February 2009, and in fact advise that the onus is placed on the proponent/applicant, not the neighbouring property owner, provided the existing operations are lawful. An excerpt from case law in Deacons? advice states:

 

On 4 March 2009, an acoustic report was commissioned by Council from Heggies, who undertook noise measurements on 17 April 2009. The purpose of the report was to identify whether the existing noise from the cool room motor on the adjoining premises (Butcher Shop) exceeded the maximum recommended noise levels under the Industrial Noise Policy (INP) in its current situation. I.e. one commercial premise adjoining another commercial premise, one commercial premise in an Indicative Suburban amenity area as well the recommended design sound level for sleeping areas in accordance with AS2107-2000.

 

In light of advice received from Deacons, a search of Council's records confirms that the Butcher Shop is a "Lawful Operation" with development consent being issued on 21 April 1992 for the "Demolition of existing building and the erection of a butchers shop". The Butchers shop appears to have been constructed in accordance with the approved plans.

 

The current noise emissions from the cool room motor has been measured by an independent Acoustic Consultant (Heggies) commissioned by Council and also a noise report has been undertaken by the applicant. There is some differences in the noise levels between the two consultants of approximately 7dBA. This may well be attributed to the positioning of the noise monitoring equipment with Heggies being sited approximately 3.5 m from the cool room motor but on the butcher shop property whilst the applicants noise consultant stationed their equipment adjacent to one of the receiver windows of the existing hall.

 

Heggies report commissioned by Council identifies that the operating noise level of the cool room motor is approximately 58dBA (noting that the start up and cut off "click" is approximately 61dBA). Whilst Audio Consulting identifies an operation noise level of between 63.8 ? 65dBA.

 

With this information Council needs to be aware of the requirements of the INP and the identified acceptable noise levels in certain locations.

 

Under Table 2.1 Amenity Criteria of the INP (see attached) the recommended noise levels from industrial noise sources to other receiver sources are identified. The criteria applied in the current situation is as follows.

 

A: Industrial Noise to Commercial receiver (Butchers Shop to Hall [old Scout Hall]):

Current situation:

??????????????????????????? Acceptable Noise Level (ANL) 65dBA; ? Max Noise Level 70dBA

 

B: Industrial Noise to Residential receiver (Butchers Shop to Residence [proposed Change of use]) and nearby homes in Adam Lane.

Suburban/Industrial:

????????? Day: ?????????? Acceptable Noise Level (ANL) 55dBA; Max Noise Level 60dBA

????????? Evening: ????? Acceptable Noise Level (ANL) 45dBA; Max Noise Level 50dBA

????????? Night: ????????? Acceptable Noise Level (ANL) 40dBA; Max Noise Level 45dBA

 

The applicants Noise Consultant also undertook noise readings at the rear of the subject site at the nearest residential boundary in Adam Lane. These readings indicate a noise level reading of approximately 35dBA.

 

Based on the criteria and scenarios A & B above, it is considered that the operation of the butcher's shop cool room motor is compliant at the moment. However, in the event of the "Change of Use" being approved, the noise level emanating from the cool room motor of the butcher's shop will exceed the recommended ANL in scenario B above by approximately 3 ? 16dBA (Heggies) or 10 ? 20dBA (Audio Consulting) at the nearest affected receiver point being the windows of the proposed sleeping room. Whilst the Industrial Noise Policy is the relevant "standard" for this situation, AS2107?2000 "Acoustics ? Recommended design sound levels and reverberation times for building interiors" identifies that for sleeping rooms in residential buildings a maximum noise level of 35dBA with a recommended Satisfactory level of 30dBA. The latter AS2107-2000, should be used as a performance target for the proponent/applicant of the "Change of Use" rather than the original recommendation from Council that the cool room motor is not audible from within the proposed residential component of the proposed "Change of Use".

 

Therefore, it is considered incumbent upon the proponent of the proposed "Change of Use" if approved, that they undertake all necessary noise attenuation and mitigation works to ensure that the noise from the cool room motor of the butcher shop does not exceed the maximum noise level in scenario B above at the receiver point windows of the residential component of the proposed "Change of Use". It is also considered appropriate that the "satisfactory" internal noise level criteria outlined in AS2102-2000 of 30dBA also be achieved to ensure that the ongoing operation of the Butcher Shop is not compromised due to the "Change of Use".

 

The applicant's noise consultant has indicated that such measures could be incorporated into the design of the proposed "Change of Use" which would however, require noise attenuation works at the boundary in the vicinity of the cool room motor. Therefore, it is recommended that this be incorporated as a condition of consent that requires "a detailed noise mitigation report demonstrating and identifying the works required to ameliorate the noise emissions from the adjoining commercial property to ensure that the cool room motor from the adjoining premises does not exceed 30dBA in any proposed sleeping or living room associated with the change of use, this report is to be submitted with the application for Construction Certificate".

 

At the 3 September 2009, meeting the landowner requested that the application be for a staged development with Stage one consisting of the change of use and internal dwelling alterations and Stage 2 being the Deck and Garage.

 

The recommendation for approval is along these lines.

 

 

CONSULTATION:

 

Deacons Solicitors

Heggies Acoustic Consultants

MANEX

Director Environment & Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Section 79C of the EP&A Act requires Council to take into account noise matters when assessing and determining an application.

 

Social

 

In this case, noise issues have the potential to impact both on the proponent and the viability of the business of the operator of the adjoining commercial premises.

 

Economic

 

Likely to be a cost on the applicant who is proposing development in terms of construction requirements. Potential legal costs to Council in event of legal action from proponent or proprietor of commercial property if the matter of noise is not thoroughly considered and addressed at this time.

 

Risk

 

Failure to obtain technical advice could result in legal action against Council by the owner of the adjoining property if the operation is impacted upon by Council decision.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs associated with the legal advice ($5,000) and noise assessment ($2,800) have been charged to Job Numbers 1457.010 (Legal Advice) and 2600.000 (Sundry Expenses - Building).

 

Source of fund and any variance to working funds

 

A variation adjustment was provided in the March quarterly review for the Legal Expenses. A minor variation of $800 will be required in the end of year budget review for Sundry Expenses ? Building.

 

 

DETAILS OF CONDITIONS OF CONSENT

 

PARAMETERS OF THIS CONSENT

 

1??????? Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Plan No 486 1-10

1

Dex Consulting

March 2008

 

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

 

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

 

Construction Stage 1: Change of Use and Associated Building Alterations which is to be undertaken first.

Construction Stage 2: Deck and Garage.

 

2??????? Consent Granted For Works within the Road Reserve

 

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

 

Work

Standard to be provided

Driveway

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

 

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

 

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

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

 

This condition does not apply:

 

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

b??????? to the erection of a temporary building.

 

4??????? Notification of Home Building Act 1989 requirements

 

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

 

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

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

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

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

i???????? the name of the owner-builder, and

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

 

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

 

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

 

In accordance with Clause 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s), subject to a development application, be bought into total compliance with the fire safety provisions of the Building Code of Australia (BCA) 2008, Part C1 and Table C1.1 of BCA 2008 Vol 1.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR STAGE 1 BUILDING WORKS

 

6????????? Required Noise Amelioration Works

 

??????????? Submission of a detailed noise mitigation report demonstrating and identifying the works required to ameliorate the noise emissions from the adjoining commercial property to ensure that the cool room motor from the adjoining premises does not exceed 30dBA in any proposed sleeping or living room associated with the residential component of the change of use. All works to be clearly identified on the final Construction Certificate Plans.

 


7??????? Plans and Specifications

 

????????? a??????? Fire Protection

 

????????? Plans and specifications to be submitted to Council showing methods of attaining compliance with Part C1, C2 and C3 of BCA 2008 (Vol 1) for separating wall between residential (Class 4) and commercial (Class 6) with regards to protection from spread of fire between buildings.

 

????????? b??????? Sound Insulation

 

????????? Plans and specifications to be submitted to Council showing methods of attaining compliance with Part F5 of BCA 2008 (Vol 1) for sound insulation of separating wall between residential and commercial properties.

 

 

THE FOLLOWING CONDITION IS TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR STAGE 2 BUILDING WORKS

 

8????????? Occupation Certificate

 

??????????? An Occupation Certificate for Stage 1 must be obtained prior to the issue of a Construction Certificate for Stage 2.

 

9????????? Separate Construction Certificate

 

??????????? A separate Construction Certificate must be obtained for Stage 2 from an Accredited Certifying Authority, prior to any works commencing.

 

10??????? Sewer Main to be Relocated or Protected

 

??????????? The application for a Construction Certificate for Stage 2 is to include Structural Engineer's details and a certificate that the design for the footings has taken into account the effect on the garage, should excavation of the sewer line be necessary.

 

??????????? Plans are to be submitted to Council showing the finished edge of the external wall on the proposed garage to be located not less than 1m from the sewer main.

 

 

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

 

11????? Plumbing Standards and requirements

 

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

 

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

 

12????? Residential building work

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

13????? Erosion & sediment measures

 

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

 

14????? Toilet facilities

 

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

 

15????? Site construction sign required

 

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

 

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

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

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

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

16????? Construction times

 

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

 

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

b??????? Saturday, from 8.00 am to 1.00 pm.

 

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

 

17????? Builders rubbish to be contained on site

 

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

 

18????? Maintenance of sediment and erosion control measures

 

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

 

19????? Measures to control stormwater runoff

 

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

 

c??????? adjoining land

d??????? natural drainage courses

e??????? constructed drainage systems, or

f???????? waterways.

 

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

 

20????? Survey of building location required

 

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

 

21????? Stormwater drainage work

 

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

 

 

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

 

22????? Works to be completed

 

All of the works associated with the Change of Use and Building Alterations identified and specified in relation to noise amelioration works to comply with condition 6 of this consent and all other works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

23????? Sewer and water to be connected

 

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

 

24????? Smoke Alarms

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

 

25????? Premises not to be converted to dual occupancy

 

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

 

 

REASONS

 

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

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

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

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

5??????? To ensure adequate access to and from the development.

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

7??????? To protect the environment.

8??????? To preserve the amenity of the area.

9??????? To ensure public health and safety.

10????? To ensure compliance with the Roads Act 1993.

11????? To ensure the garage is located wholly within boundary of subject property, without encroachment onto adjoining land.


 

Table 2.1 from the Industrial Noise Policy

 

 

 

Attachments:

1View

19389/2009 - Advice regarding assessment of possible noise pollution including copy of Consultant's Report

 

??


Ordinary Council Meeting - 17 September 2009

Further Report on Staging of DA 2008/269 Deck, Garage & Internal Alterations/Change of use to Residential - 48 High Street, Bowraville

Attachment 1

19389/2009 - Advice regarding assessment of possible noise pollution including copy of Consultant's Report

 










?


Ordinary Council Meeting

17 September 2009

Director Environment & Planning's Report

ITEM 9.8????? SF1268??????????? 170909???????? Progress report on Our Living Coast Sustainability program

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The Draft Business Plan has been prepared for the project and is being submitted to the Environmental Trust for checking along with the Memorandum of Understanding (MoU) between the Councils.

 

The budget has been varied to allow for additional funds to go towards on ground works, being an increase of around $300,000 allowing for total funds of around $900,000 for future works.

 

The onground works funds are in addition to other funds for education material, workshops and community consultation programs during the funded project period.

 

The following staff members have been nominated to represent Council on the Steering Committee and Project Team.

 

?????????????? Phillip Gall - Manager Health & Building Services ? Steering Committee

?????????????? Jacqui Ashby - Environmental compliance Officer ? Project Team

 

Attached is a copy of the MoU and Draft Business Plan for Council?s information.

 

 

Recommendation:

 

1????????? Council note the report on the progress of the Our Living Coast Regional Sustainability Project.

 

2????????? Council endorse the following staff nominations to the Steering Committee Phillip Gall and Project Team Jacqui Ashby.

 

3????????? Additional projects to be submitted for consideration as future possible on ground work projects are:

 

??????????? a??????? Valla Beach Deep Creek walk bridge

??????????? b??????? Draft Nambucca River Master Plan No 5, Bellwood Precinct path/link from Bellwood Park to Riverside Drive along Nambucca River foreshore,

??????????? c??????? Draft Nambucca River Master Plan No 6, RSL Precinct path/link from RSL boat ramp to ANZAC Park along Nambucca River foreshore.

??????????? d??????? Upgrade path/link from Park Street to Ulrick Drive and Beilby?s beach access.

??????????? e??????? Upgrade path/link from V Wall across Headland to Shelly Beach.

??????????? f???????? Valla Beach Cycleway Plan stages 1 & 5,

 

 

OPTIONS:

 

Not to endorse nominated staff to represent Council on the committee and project team, which will in effect dissolve the alliance between the three nominated councils.

 

Appoint alternate staff members to represent Council on the steering committee and project team.

 

 

DISCUSSION:

 

The Business Plan has been prepared by Mr Jim Downey engaged by Coffs Harbour City Council and endorsed by the Steering Committee for submission to the Environmental Trust Office.

 

The Memorandum of Understanding is to be signed off and submitted by the 30 September 2009. These two documents must be approved prior to further funds being released under the program.

 

Interviews for the selection of a suitable candidate to fill the Project Supervisor?s position are being conducted on Tuesday 15 September 2009. The successful applicant will then look at putting in place the Business Plan and start the program schedule as set out on pages 8 & 9 of the plan.

 

The second staff position of Project Officer will be advertised prior to Christmas with employment to commence early in the new year.

 

Projects for consideration to be included in the business plan for future on ground works:

 

??????????? a??????? Valla Beach Deep Creek walk bridge

??????????? b??????? Draft Nambucca River Master Plan No 5, Bellwood Precinct path/link from Bellwood Park to Riverside Drive along Nambucca River foreshore,

??????????? c??????? Draft Nambucca River Master Plan No 6, RSL Precinct path/link from RSL boat ramp to ANZAC Park along Nambucca River foreshore.

??????????? d??????? Upgrade path/link from Park Street to Ulrick Drive and Beilby?s beach access.

??????????? e??????? Upgrade path/link from V Wall across Headland to Shelly Beach.

??????????? f???????? Valla Beach Cycleway Plan stages 1 & 5,

 

The level of funds within the program for on ground works has been increased to $900,000 following Council?s resolution of the 2 April 2009. The break up is anticipated to be $300,000 per Council area, although similar type programs may be pooled together where they are proposed in one or more council areas.

 

It is envisaged that each council will have minimum of two (2) projects of $150,000 or a number of smaller works programs that may also be supplemented by other grant or allocated funds to enhance any specific project.

 

The original proposal for the Bellwood Cycling Track has fallen outside the selection criteria due to the track being re positioned on the western side of the Pacific Highway due to land owner issues.

 

These projects may be added to or removed at a later date and are only suggestions at this stage for inclusion in the business plan, not all projects are expected to be funded under this program.

 

The Draft Business Plan will be submitted to Council once the draft has been developed.

 

 

CONSULTATION:

 

Director of Planning

Director of Engineering Services

Environmental Compliance Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The installation of path/links with interpretative signage will enhance the awareness of the ecological and conservation values of the areas.

 

Preliminary assessment of the projects would appear to met the criteria set down under the program for on ground works under the business plan.

 


Social

 

The projects offer increased opportunities for community engagement through increased awareness and sense of place, knowledge and skills in active biodiversity conservation actions.

 

Increased opportunities for community access, amenity and educational experience in natural urban areas.

Highlights people place connections between marine and terrestrial ecosystems, social and cultural heritage and future health and wellbeing.

 

Economic

 

Individual project budget does not exceed $140,000 but it is likely that other external funds can be sourced if needed.

 

Risk

 

There is no risk associated with the recommendations proposed in this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No direct impact on current budget as program is fully funded through Environmental Trust. Future on ground works project may attract additional funding through additional grants or programs funded under future management plans of Council.

 

Source of fund and any variance to working funds

 

There is no variation to working funds as a consequent of the recommendations of this report.

 

Attachments:

1View

22585/2009 - Urban Sustainability Program Major Project Grant Business Plan

 

??


Ordinary Council Meeting - 17 September 2009

Progress report on Our Living Coast Sustainability program

Attachment 1

22585/2009 - Urban Sustainability Program Major Project Grant Business Plan

 

 

Urban Sustainability Program

Urban Sustainability Major Project Grant

 

 

Business Plan

 

 

PROGRAM?????????????????????????????????????? Our Living Coast Regional Sustainability Initiative

REFERENCE NUMBER:??????????????? 2008/USM/0007

GRANTEE:?????????????????????????????? Coffs Harbour City Council

PROGRAM MANAGER: ???????????????? Lynn Delgado

Contact Details: ?????????????????????????????? Phone:??????? 02 66484646???????

??????????????????????????????????????????????????????????? Fax:???????????? 02 66484667????????????????

??????????????????????????????????????????????????????????? Email: lynn.delgado@chcc.nsw.gov.au

??????????????????????????????????????????????????????????? Mobile: ?????? 0431 867 590??????

 

 

Version 5.3 September 2009


?Table of Contents

1?????? Program Overview.. 3

1.1??? Program Title. 3

1.2??? ProgramBackground. 3

2?????? ProgramVision, Outcomes and Objectives. 4

2.1??? Vision. 4

2.2??? Objectives Hierarchy. 4

2.2.1????? Government Objective(s) 4

2.2.2????? Program Objective(s) 5

2.2.3????? Council Objective(s) 6

2.2.4????? Program Objective(s) 6

2.3??? Outcomes. 6

2.4??? Outputs. 7

3?????? Program Structure and Governance. 7

3.1??? Project Structure. 7

3.1.1????? Project Location. 7

3.1.2????? Project Activities. 7

3.1.3????? Project Schedule. 8

3.2??? Governance. 10

3.2.1????? Decision Making. 10

3.2.2????? Project Manager 11

3.2.3????? Partners and Stakeholders. 11

3.2.4????? Steering Committee. 11

3.2.5????? Project Team.. 12

3.2.6????? Reference Groups. 12

3.2.7????? Contractors and Consultants. 12

4?????? Stakeholder Engagement & Communication. 14

4.1??? Stakeholder Identification. 14

4.2??? Stakeholder Communication & Management 17

4.3??? Communication Strategy. 17

5?????? Monitoring and Reporting??????????????????????17

5.1??? Monitoring Plan. 17

5.2??? Program Performance Indicators. 18

5.3??? Method of Data Collection. 21

5.4??? Reporting. 22

5.4.1????? Reports to the Trust 22

5.4.2????? Reports to the Steering Committee. 22

5.4.3????? Reports to Project Partners/ Stakeholders. 22

6?????? Resource Management 23

6.1??? Financial Information. 23

7?????? Risk Management Plan. 23

7.1??? Risk Identification. 23

7.2??? Risk Analysis/ Evaluation. 23

7.3??? Development of Mitigation Strategies. 23

7.4??? Review Process. 23

8?????? Program Evaluation. 23

9?????? References. 25

10???? Appendices. 26

 

1. Program Overview

1.1 Program Title

Our Living Coast Regional Sustainability Initiative - Ref number 2008/USM/0007

1.2 Program Background

The program will directly address a number of environmental and sustainability needs and challenges.

The continued loss and degradation of biodiversity due to urban encroachment and over-consumption of natural resources, in particular targeting habitats of ecological and conservation value in urbanised areas. Much of the region?s urban bushland, in particular riparian zones, are degraded and in decline from unsustainable actions including weed infestation, litter, chemicals, dumping, poor stormwater management and the lack of a strategic and systemic planning response.

In addition to tackling the causes of this degradation of urban biodiversity, the program will also include proactive remedial revegetation and rehabilitation works.

Improvements to access infrastructure, pathways, signage and interpretive materials will attempt to better link people and country and by doing so increase the value the community place on sites of natural and cultural significance.

Climate change brought about by human activities is arguably one of humanity?s greatest challenges. The project will seek to work with households, businesses and the three partner Councils to reduce our climate change footprint through a range of carbon saving measures across energy use, transport, water conservation and waste management.

The region covered by the three partner Councils does not currently have a region wide sustainability plan. Many of our environmental challenges are better tackled at a regional level through a partnership approach e.g. transport, biodiversity conservation, waste management and energy use. The program will fill this gap by firstly, developing a sustainability route map which will set directions for the region and secondly, a detailed plan for each partner Council?s operations. This program addresses integrated environmental sustainability issues such as climate change and biodiversity at the regional level.

Community surveys show significant concern about climate change, water quality, loss of natural areas and lack of opportunities for enjoyment of natural areas. Various studies and the alliance Councils? own State of the Environment reports show ongoing loss of biodiversity and increasing threats to endangered ecological communities and threatened species, but to date there has been no cohesive regional response to biodiversity conservation and sustainability.

The program will also consider how protection of the high biodiversity values of the area will integrate with long term social and economic sustainability e.g. employment through ecotourism opportunities and health and wellbeing through access to natural areas while at the same time engendering a sense of place.

The program will be overseen by a steering group comprising the three alliance Councils : Coffs Harbour City Council, Bellingen Shire Council and Nambucca Shire Council. The steering group will be supported by an expert reference group made up of stakeholders including State agencies, community groups and academia. The governance arrangements will be set out in an agreed memorandum of understanding.

 

The program will address issues identified in a range of regional and local plans. All major stakeholders have a wide variety of relevant studies, reports and plans which have been reviewed as part of the planning process for this project. The project will address many priorities identified within a range of these plans. e.g. Coffs Harbour: Biodiversity Action Strategy, Environmental Awareness Strategy, 2030 Strategic Sustainability Plan (under development); Koala Plan of Management, Flying Fox Plan of Management; Nambucca: Catchment Vegetation Survey, Customer Satisfaction Survey. Bellingen: Coastal Vegetation Mapping, Flying Fox Strategy (under development).

The program links to the Northern Rivers Catchment Management Authority by directly supporting Catchment Action Plan targets ? CCB1, CCB2, LUP4, W1, W3, B6, B5, B4, B3, B2.?

2. Program Vision, Outcomes and Objectives

2.1 Vision

The creation of an enduring regional sustainability culture that brings about institutional and community change taking us on a path towards a more sustainable region that better protects our natural, cultural and economic assets.

2.2 Objectives Hierarchy

2.2.1 Government Objective(s)

The actions to be undertaken by the program support the broad objectives of the Federal Government?s National Strategy for Ecological Development ( NSED ). These are stated as :

 

?????? to enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations

?????? to provide for equity within and between generations

?????? to protect biological diversity and maintain essential ecological processes and life-support systems.

The program also addresses a number of specific objectives of the strategy e.g. Ob 6.2 ? encourage transport that uses less fossil fuels, Ob 6.4 - improve the amenity of urban areas, Ob 8.2 ? assist householders to become more energy efficient, Ob 9.1 ? protect ecological systems, Ob 11.1 ? conservation of native vegetation.? The project outcomes will also assist in addressing some of the conclusions reached in the Federal Government?s State of the Environment Report 2006.

The Federal Government?s Department of the Environment, Water, Heritage and the Arts lists on its webpage matters that it addresses and consequently is developing relevant initiatives around these themes. Those that are relevant to our project are :

?????? Environment protection and conservation of biodiversity

?????? Environmental research

?????? Water policy and resources

?????? Energy efficiency

?????? Greenhouse gas abatement programs

?????? Community and household climate action

 

The program will address a number of State environmental sustainability priorities.

 

The program addresses a number of targets within the NSW State Plan ? Target E4 Better outcome for native vegetation, biodiversity, land, rivers and coastal waterways, R4 Increased participation and integration in community activities.

 

The program will address items within the Threatened Species Act by further protecting Threatened species and Endangered ecological communities by implementing aspects of recovery plans and addressing Key Threatening Processes.

 

The program addresses strategies within the Learning for Sustainability NSW Environmental Education Plan ie. 10.6 ? promote the conservation of biodiversity , 10.7 ? enhance community and industry capacity for involvement in biodiversity, natural and cultural heritage conservation and 10.8 ? improve community understanding of landscape and catchment management issues including community education and capacity building initiatives, 10.20 - enhance understanding of Aboriginal land management practices and cultural heritage through cultural heritage interpretation and education, 10.11 - Promote sustainable transport behaviour, 10.14 - promote business sustainability through partnership programs.

The program supports the following objectives of the Environmental Trust :

?????? to encourage and support restoration and rehabilitation projects

?????? to promote research into environmental problems of any kind

?????? to promote environmental education in both the public and private sectors

?????? to promote waste avoidance, resource recovery and waste management (including funding enforcement and regulation and local government programs)

This program addresses the objectives of the Environmental Trust Urban Sustainability Program by using a multi-dimensional, integrated and collaborative approach to sustainability, involving all key stakeholders in the dialogue. A strategic planning process will identify key priority actions in areas such as urban biodiversity conservation focussed on endangered ecological communities and threatened species (Ob3), waste (Ob2) climate change (Ob4) and regional transport (Ob 4). Priority urban bushland and creeks will be targeted for participatory on ground actions integrating rehabilitated biodiversity corridors with amenity corridors to offer communities access and educational opportunities in natural areas (Obs 3 -5). A series of educational programs will engage the community and businesses in improving their actions in the areas of waste, energy, water and biodiversity conservation (Obs 1-5). Finally, the 3 councils will improve their sustainability performance by embedding sustainability in their governance and operational systems through an internal action learning process (Ob5).

 

2.2.2 USP Program Objective(s)

The Urban Sustainability Program objectives relating specifically to this program include :

????? improve urban water management with a particular focus on stormwater and urban runoff to achieve sustainable water quality and conservation outcomes.

????? improve resource conservation through effective waste management, avoidance, reuse, recycling and support for sustainable products and services.

????? improve and protect urban bushland and creeks, urban wildlife and habitats of rare and endangered flora and fauna.

????? improve the quality of the local urban environment through integrated approaches that address a combination of the following examples: air quality, noise, odour, chemical use, biodiversity, litter and dumping.

????? improve the sustainability performance of local councils, small businesses, community organisations and householders in urban areas.

2.2.3?? Council Objective(s)

This program objectives identified in the 3 Councils? Management Plans and which are relevant to the project include : embedding sustainability values within Council, promoting community awareness and developing partnerships with key stakeholders. Bellingen & Coffs Harbour are currently developing strategic sustainability plans which will support and inform this project. All 3 Councils have identified biodiversity as declining across a range of indicators within their SoE?s and the need for internal and community educational processes to raise understanding, knowledge and skills around biodiversity and sustainability.

2.2.4?? Program Objective(s)

The objectives of the program are :

??????

1. ??????? To improve biodiversity and sustainability outcomes at both a regional and local level;

 

2.???????? To increase community capacity toward achieving sustainability improvements and active biodiversity conservation in urban areas;

 

3.???????? To improve actions and governance mechanisms for sustainability within and across the 3 councils;

 

4.???????? To build and strengthen local and regional partnerships for biodiversity conservation and sustainability

 

2.3 Outcomes

The following broad outcomes have been selected for the Our Living Coast Regional Sustainability Initiative :

Environmental

1.?? Identification of broad sustainability issues for the region within a single plan that provides clear direction based on ecological, physical and social evidence and on-going monitoring and evaluation

2.?? Improve urban biodiversity health (weeds, regeneration, corridors)

3.?? Improved understanding of biodiversity and sustainability issues by key stakeholders including Councils, partners, decision-makers, the community and businesses

4.?? Increased capacity of councils to adopt sustainable practices

5.?? Reduced energy, water and waste across councils, community and businesses

6.?? Improved sustainable use of resources through improved management techniques within Councils

7.?? More use of alternative transport options

 

Social

8.?? Improved knowledge and data management and information sharing across all stakeholders through a regional online hub

9.?? New and strengthened partnerships and networks across a range of stakeholders, including business and community

10. Sustainability embedded in Council systems and governance

11. Community actively engaged in participatory activities such as Landcare, Coastcare, indigenous green teams

12. Improved access, amenity and educational opportunities in urban natural areas for communities

13. Indigenous communities engaged in design and planning of education materials and on-ground works.

 

Economic

14. Improved understanding of sustainable economic development possibilities in the region (eg ecotourism)

15. Improved resource sharing (knowledge, costs) and allocation across alliance and partners group by identification of priority funding requirements

16. Reduced energy and water usage and improved efficiencies with associated costs savings

17. Funding secured for regional sustainability initiatives

 

Outcome hierarchies for each project element are attached at Appendices 1.1 to 1.8 and provide

a more detailed description of proposed outcomes.

 

2.4 Outputs

The outputs from the project that have been identified are :

A Regional Sustainability Routemap

A Regional Sustainability evaluation strategy and reporting framework

A Regional Sustainability Hub

A process for collaboration and inclusive decision making for the three alliance Councils to work on regional sustainability issues

Improved data management relevant to sustainability monitoring across the region

A community education and engagement program.

3. Program Structure and Governance

3.1 Program Structure

3.1.1 Program Location

The project will be undertaken within the Local Government areas of Coffs Harbour City Council, Bellingen Shire Council and Nambucca Shire Council on the Mid North Coast of NSW. The site is within the boundary of the Northern Rivers Catchment Management Authority. Refer Appendix 2 for a map of the region.

3.1.2 Program Activities

The main activities to be undertaken are :

An alliance between project partners will be developed to create a Regional Sustainability Routemap focussing on key themes including biodiversity, climate change and governance;

A cross- Council action learning process will seek to embed sustainability practices within the Councils? operations;

An online integrated data and information management system (the ?Our Living Coast? Sustainability Hub) will be developed. The Hub will benchmark regional sustainability progress and become a ? one stop shop ? for regional State of the Environment reporting. Councils, government agencies and the community will use the Hub to share information and knowledge;

A series of business and community education programs which target sustainable actions;

On- ground works will be carried out which engage the community, indigenous groups and students in increasing access and amenity to our living corridors. Works will include bush regeneration around urban endangered ecological communities and threatened species to create corridors, linked to paths, cycleways and cultural and environmental interpretive signage. These works will be undertaken by the community and other partners in order to build capacity and skills.

3.1.3 Program Schedule

 

Milestone

Relevant Project Objective

Responsibility

Completion Date

Year 1

Project team formed, partnership roles agreed, MOU developed

3,4

Partner Councils ( PC ), Project Steering Committee ( PSC ) members

31 July 2009

Employment of Project Supervisor

1,2,3,4

PC, PSC

20 September 2009

Business plan submitted

1,2,3,4

Project Team ( PT ), PSC

20 September 2009

Business plan reviewed, resubmitted and approved

1,2,3,4

PT, PSC, NSW Environmental Trust

31 Dec 2009

Employment of Project officer

4

PT

1 Feb 2010

Engage Routemap consultant

1,3,4

PSC

15 Feb 2010

Engage ?Hub? consultant

2

PSC

15 Feb 2010

Engage Council action learning consultant

3

PSC

15 Feb 2010

Engage Project evaluation consultant

1,2,3,4

PSC

15 Feb 2010

Baseline data collection for Routemap

1,4

Research partner ( RP ), PT.

28 Feb 2010

Partnership workshops ( 6 in total )

1,2,3,4

PT

28 Feb 2010

Year 2

Routemap Development

1,4

Routemap consultant, PT

31 May 2010

On ground works identified, planned and commenced with partners

1

PSC, PT

31May 2010

Progress report 1 to Environmental Trust[1]

 

PSC, PT

30 June 2010

Needs analysis for education programs

2

PT

30 June 2010

Education programs designed & implementation started

2

PT

30 Sept 2010

Hub framework ? live ?

2

Hub consultant, PT

31 Oct 2010

Council Action learning project completed

3

Council Action learning consultant, PT

30 Nov 2010

Progress report 2 to Environmental Trust

 

PSC, PT

31 Dec 2010

Year 3

Business plan review and resubmitted

1,2,3,4,5,6

PSC, PT

1 Mar 2011

Progress report 3 to Environmental Trust

 

PSC, PT

30 June 2011

Undertake project evaluation with partners

1,2,3,4

PSC, PT

30 Sept 2011

Progress report 4 to Environmental Trust

 

PSC, PT

31 Oct 2011

Final report to Environmental Trust

 

PSC, PT

31