NAMBUCCA SHIRE COUNCIL

General Purpose Committee - 16 September 2009

 

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

 

1??????? APOLOGIES

2??????? DISCLOSURE OF INTEREST

3??????? General Manager Report

8.1???? Policy - Opening Mail Addressed to Councillors

8.2???? 30 June 2009 Budget Review

8.3???? Monitoring of Tourism Action Plan and Strategic Review

8.4???? Review of Tourism Function

4??????? Director Environment and Planning Report

9.1???? Report on Supplementary Height Analysis for Matthew Street, Scotts Head

9.2???? Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

9.3???? Report on Draft State of the Environment Report

5??????? Director Engineering Services Report

10.1?? Memorial in Honour of Caleb Jarrett - Nambucca Heads

10.2?? Coronation Park - Skateboard Park

10.3?? Road Hierarchy Plan and Grading Schedule ???

 

 

Time

Description

Where

OS/CC

Item Number

Page

08.30 -9.30

Skate Park - Meeting with residents at 9.00am

OS

10.1

101

9.30-10.00

Morning Tea

GORDON PARK

10.0-10.15

Memorial in Honour of Caleb Jarrett

OS

10.2

94

10.30-11.00

Budget Review 30 June 2009

CC

8.2

15

11.00-11.30

Report on Draft Approvals Policy- Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

CC

9.2

45

11.30-11.45

Report on Draft State of the Environment Report

CC

9.3

87

11.45-12.00

Review of Tourism and Evaluation of Outcome of Monitoring of Tourism Action Plan 2007/2008 & Strategic Review

CC

8.3

20

12.00-12.15

Review of Tourism Function

CC

8.4

26

12.15-12.45

Lunch

COMMITTEE ROOM

12.45-1.15

Policy on Opening Mail

CC

8.1

4

1.15 - 2.15

Supplementary Height Analysis - Matthew Street

CC

9.1

29

2.15-2.45

Road Hierachy Plan

CC

10.3

102

 


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).

 

??


General Purpose Committee

16 September 2009

General Manager's Report

ITEM 8.1????? SF1043??????????? 160909???????? Policy - Opening Mail Addressed to Councillors

 

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

 

Summary:

 

At Council?s meeting on 6 August 2009 it was resolved that the existing policy that requires Council staff to open Councillor?s mail be brought to Council for review and that the report include a copy of the legislation that allows this to happen.

 

Dealing with the last query first, Section 11 of the State Records Act 1998 places an obligation on Council to ensure the safe custody and proper preservation of the State records it has control of. A State record means any record made and kept, or received and kept, by any person in the course of exercise of official functions in a public office, or for any purpose of a public office or for the use of a public office. The Act is not attached as it runs to 82 sections. It can be viewed at www.legislation.nsw.gov.au. In summary correspondence concerning Council business is not the ?property? of a Councillor and is no different to correspondence addressed to the General Manager.

 

It is proposed to retain the provisions of the existing policy of opening mail except that marked, ?personal?. Rather than continue with 3 policies, it is proposed to add additional provisions to Council?s recently adopted overarching policy and delete the other two. The revised policy is attached.

 

 

Recommendation:

 

1????????? That Council adopt the amended ?Records Management Policy and Plan?.

 

2????????? That Council delete the policy, ?Instructions to staff - opening of mail other than contracts?.

 

3????????? That Council delete the policy, ?Correspondence addressed to the Mayor?.

 

 

OPTIONS:

 

Council has a number of options. Councillors can elect to have any mail which is addressed to them referred to them unopened. The onus will then be on Councillors to comply with the provisions of the State Records Act, to deal with the correspondence in a timely manner, and to communicate with their colleagues and Council staff as required. General correspondence often includes or concerns an operational request, in which case the onus will also be on Councillors to ensure that the General Manager is informed so that the request can be entered into Council?s request management system. If requests are not entered into Council?s system in a timely manner, risk and potential liability to Council increases eg, a request is received concerning the repair of a road defect but it is not entered into the system and hence not inspected and in the interim an accident occurs.

 

 

DISCUSSION:

 

At Council?s meeting on 6 August 2009 it was resolved that the existing policy that requires Council staff to open Councillor?s mail be brought to Council for review and that the report include a copy of the legislation that allows this to happen.

 

Dealing with the last query first, Section 11 of the State Records Act 1998 places an obligation on Council to ensure the safe custody and proper preservation of the State records it has control of. A State record means any record made and kept, or received and kept, by any person in the course of exercise of official functions in a public office, or for any purpose of a public office or for the use of a public office. The Act is not attached as it runs to 82 sections. It can be viewed at www.legislation.nsw.gov.au. In summary correspondence concerning Council business is not the ?property? of a Councillor and is no different to correspondence addressed to the General Manager.

 

Council has a number of policies concerning records management.

 

Firstly as a consequence of the Promoting Better Practice Review report, Council adopted a Records Management Policy and Plan at its meeting on 19 February 2009. It is an overarching policy statement and plan which identifies our electronic document management system, Trim, as the system that holds both electronic document records of Council and also the metadata of physical document records. Importantly it states that records come in many formats and may include (but not limited to) email, file notes, phone discussions, voicemail, inwards and outwards correspondence, minutes of meetings, decisions, commitments and photographs. Completed records should be captured into Trim as soon as they are created or received using the templates available and following the instructions and guidelines that have been provided through training, manuals and business rules.

 

Secondly there is a policy adopted by Council on 18 December 1997 and last reviewed on 17 November 2005 which is titled, ?Instructions to Staff ? Opening of Mail other than Contracts?. This policy provides as follows:

 

?That the Records staff adopt the following procedures in regard to all incoming mail:

 

1.?????? All mail received via Council?s official addresses whether by fax, Post Office box, over the counter, outside mail box near front door or mail addressed to 44 Princess Street, Macksville will be opened by, or received by the Records staff, if such mail is not marked ?Personal?.

 

2.?????? If opening and obviously found to be personal, this mail will be referred on directly.

 

3.?????? If in an envelope marked ?Personal? then this envelope will be referred on directly ? unopened.

 

4.?????? Any mail handed personally to Councillors and requiring Council?s determination, is to be handed to the General Manager for registering.?

 

This procedure has continued. Under the State Records Act there is no reason to open mail which is marked ?Personal? as it is the accepted means of identifying that the correspondence does not concern the business of the Council.

 

However the policy only concerns itself with mail at a time when email is growing rapidly as a means of communication. A search by Council?s Records Officer on incoming and outgoing documents registered into Trim between 1 January 2009 and 31 August 2009 indicates the following:

 

7262 - Incoming physical documents that have either been scanned (or registered as a paper document in the case of plans or large, bound or unscannable documents) - excludes all email

 

3075 - Incoming emails

 

6479 - Outgoing documents (probably an underestimate because a single document is often sent to more than one person)

 

1013 - Outgoing email (probably an underestimate because the response to the incoming email is often captured as a single record)

 

It is important that all email which is a State record, whether received by Council, Council staff or Councillors is saved into Trim.

 

Thirdly, there is another policy adopted by Council on 18 July 1996 and last reviewed on 3 June 2004 which is titled, ?Correspondence Addressed to the Mayor?. This policy provides as follows:

 

?That the following procedures be adopted:

 

1??????? Register and referral in the usual manner

 

2??????? Take an immediate copy for the Mayor ? this will be done by either the Director Corporate Services or the General Manager

 

3??????? Require the officer responding to the letter to furnish the Mayor with a copy of the letter of response, with a copy of the incoming letter attached (for reference purposes).

 

History

 

Quite often letters are addressed to the Mayor. The current procedure is to register such letters in the usual manner and to refer them to the appropriate department. However, the Mayor has indicated that he would like a copy of all such incoming letters and a copy of the replies thereto.?

 

This policy is now redundant as all correspondence addressed to the Mayor is forwarded via Trim directly to the Mayor. Whilst a response may be drafted by Council staff, the Mayor will be aware of the letter and has the option of personally drafting a response or asking staff to prepare a response. The Mayor can also monitor progress of the response via the resubmit system or maintaining the letter as a record in the inbox.

 

Provision should be made for any complaint concerning the General Manager to be forwarded directly to the Mayor for action and vice versa.

 

It is proposed to retain the provisions of the existing policy of opening mail except that marked, ?personal?. Rather than continue with 3 policies, it is proposed to add additional provisions to Council?s recently adopted overarching policy and delete the other two. The revised policy is attached. The proposed additions to the policy are underlined.

 

 

CONSULTATION:

 

There has been consultation with Council?s Records Officer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The issues mainly concern managing risk. A centralised records system which captures all mail concerning Council?s activities will be the most cost effective means of achieving legislative compliance and minimising risk.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

22214/2009 Amended Records Management Policy and Plan

 

??


General Purpose Committee - 16 September 2009

Policy - Opening Mail Addressed to Councillors

Attachment 1

22214/2009 Amended Records Management Policy and Plan

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

RECORDS MANAGEMENT POLICY AND PLAN

 

 

 

Function:? CORPORATE SERVICES

 

 

Adopted: 19 FEBRUARY 2009 (999/09)?

Last reviewed:? 16 SEPTEMBER 2009?

 

 

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.?

 

 

1.0?????? Policy objective

 

1.1?????? To ensure that full and accurate records of all activities and decisions of Nambucca Shire Council are created, managed and retained or disposed of appropriately, and in accordance with relevant legislation.

 

1.2?????? Establish a Records Management Program in accordance with s.12(2) of the State Records Act 1998 to provide a framework and outline responsibilities for the operation of the program.

 

1.3?????? To ensure that Council?s records provide timely and comprehensive information to meet operational business needs, legal, evidential and accountability requirements and to also fulfil community expectations.

 

 

2.0?????? Related legislation and documents

 

State Records Act 1998

State Records Regulation 2005

Freedom of Information Act 1989

Privacy Act 1998

Evidence Act 1995

Local Government Act 1993

Other Government Acts and Regulations that relate to functional activities of Council

Australian Standard AS ISO 15489 Records Management

State Records Local Government General Disposal Authorities 10 and 24 (GDA 10, GDA 24)

Nambucca Shire Council Records Management Guidelines and Business Rules (Trim document 200/2006)

Nambucca Shire Council Security Matrix for Trim Users

Nambucca Shire Council Requests and Complaints Policy

Nambucca Shire Council Code of Conduct

Nambucca Shire Council Document Standards Manual

Nambucca Shire Council Trim Training Manual

 

 

3.0?????? Authority

 

3.1?????? The Records Management Program is issued under the authority of the General Manager.

 

3.2?????? Ownership of this policy and responsibility for its implementation rests with the Manager Information Technology.

 

 

4.0?????? Policy Statement

 

4.1?????? Nambucca Shire Council recognises that records are a vital asset to:

 

a)?? Facilitate information accessibility, and enhance business by supporting program delivery, management and administration

 

b)?? Deliver customer services in an efficient, fair and equitable manner

 

c)?? Provide evidence of actions and decisions and precedents for future decision making

 

d)?? Protect the rights and interests of Government, Nambucca Shire Council and its clients and citizens.

 

4.2?????? A small percentage of Nambucca Shire Council?s records will become archives, part of the cultural resources of the State of New South Wales.

 

4.3?????? For the purposes of this policy and associated procedures, records will refer to recorded information, in any form, including data in computer systems, created or received and maintained by Council or its staff in the transaction of business or the conduct of affairs and kept as evidence of such activity.

 

4.4?????? Council will maintain its records in an electronic format in preference to a paper format wherever possible and is committed to the ongoing development and maintenance of an electronic document management system and other corporate electronic information systems throughout the organisation.

 

4.5?????? Nambucca Shire Council is also committed, through its Records Management Program, in maintaining digital and other technology dependent records in authentic and accessible form for as long as they are required in accordance with s.14 of the State Records Act 1998.

 

4.6?????? The Records Management Program is planned, organised and monitored to comply with the State Records Act 1998, s.12 (2).? The objectives to be achieved through the program include:

 

a)?? To have complete information and records of all Council operations to support ongoing business activities and customer services, meeting accountability requirements and community expectations

 

b)?? To ensure that records are managed efficiently and can be accessed and used for as long as they are required

 

c)?? Cost effective storage of records and disposal in a timely and efficient manner when no longer required

 

d)?? Compliance with all legislative requirements concerning records and records management practices

 

e)?? Records of longer term value are identified and protected

 

f)??? Procedures are in place to minimise the impact in the event of accident or disaster.

 

4.7?????? All records which are made or received by Council or Council staff during the conduct of Council business are corporately owned by Council and, consequently, are subject to record-keeping practices and guidelines, and this policy.

 

4.8?????? Records Management Guidelines and Business Rules are provided to all staff to facilitate compliance with this policy.

 

 

5.0?????? Responsibilities and Accountabilities

 

The Records Management Program applies to all Nambucca Shire Council employees.? The State Records Act 1998 requires Council to make and keep full and accurate records as evidence of business activities.? Council is responsible for the protection and safe custody of all State Records under its control.? This responsibility falls onto all employees.

 

5.1?????? General Manager

 

a)?? Responsible for ensuring that Nambucca Shire Council complies with the requirements of the Sate Records Act and the standards and requirements issued under the Act.? This includes the requirement to ensure that any records requiring technology to be read and understood remain readable and available for as long as they are required.

 

b)?? The General Manager is also the Public Officer, determining access to records.

 

5.2?????? Nominated Senior Officer - Manager Information Technology

 

a)?? Ensures that the Records Management Program is adequately resourced

 

b)?? Has ownership of the Records Management Policy

 

c)?? Ensures the preservation of physical and digital records across all corporate record systems is addressed in policy, planning and implementation of the records management program, including disaster management

 

d)?? Reports to State Records Authority on the Records Management Program

 

5.3?????? Records Officer and Records Staff

 

a)?? Compiles and reviews Records Management Policy, procedures and standards in relation to all aspects of Council?s electronic document records management system

 

b)?? Monitors compliance with procedures and standards across the organisation and makes recommendations for improvement or modification of practices

 

c)?? Operationally responsible? for the efficient management of Council?s records (physical and electronic) incorporating sound recordkeeping principles and records management best practice guidelines with the exception of Development Application physical files, which are the responsibility of the Director Environment Services

 

d)?? Responsible for the effective management and system administration of Council?s primary electronic document recordkeeping system, Trim Context

 

e)?? Undertakes sentencing of records and manages disposal schedule

 

f)??? Assists staff in fulfilling their recordkeeping responsibilities by providing advice and training.

 

g)?? Ensure tenders received by mail remain unopened and are immediately placed in the tender box.

 

h)?? Open all mail except where such mail is marked, ?personal?.? If an envelope is marked ?Personal? then this envelope will be referred on directly ? unopened.

 

i)??? Where mail contains a complaint about the General Manager, it will be referred directly to the Mayor for action.? Where mail contains a complaint about the Mayor, it will be referred directly to the General Manager for action.

 

 

5.4?????? All Staff and Councillors

 

5.4.1??? The State Records Act 1998 Part 2 Section 12 requires public officials to ?make and keep full and accurate records of their business activities?. This includes maintaining adequate documentation to support any decision in the performance of their duties.? All staff must follow Council policy and authorised procedures to:

 

a)?? Ensure that records are created to support the conduct of their business activities

 

b)?? Create records that would otherwise not be created

 

c)?? Register records into Council?s corporate record keeping systems, whether paper or electronic.

 

5.4.2??? Council staff and Councillors shall not alienate, relinquish control over, or destroy records of Council without authority to do so.

 

5.4.3??? Records or files should not leave Council premises except where normal administrative practice permits (eg building site inspections).

 

5.4.4??? All staff and Councillors are to handle physical records with care and respect to avoid loss or damage.

 

5.4.5??? Staff and Councillors shall refrain from accessing corporate records, whether physical or electronic, except in accordance with the function of their position or those available to them as to any other member of the public.

 

 

5.5?????? Contractors of Council

 

5.5.1??? All records created by contractors performing work on behalf of Nambucca Shire Council????? belong to Council and are State Records under the State Records Act 1998.? This includes the records of contract staff working on the premises as well as external service providers.

 

5.5.2??? Contracts should clearly state that ownership of records resides with Council and provide instructions regarding creation, management and access to the records created.

 

 

6.0?????? Records Management Program

 

6.1?????? Create and Capture

 

6.1.1??? Records must be created in all instances where there is a need for Council or an individual to be accountable for, and/or provide evidence of, decisions made or actions taken.?

 

6.1.2??? Records come in many formats and may include (but not be limited to) email, file notes, phone discussions, voicemail, inwards and outwards going correspondence, minutes of meetings, decisions, commitments and photographs.

 

6.1.3??? Complete records should be captured into Trim as soon as they are created or received using the templates available and following the instructions and guidelines that have been provided through training, manuals and business rules.? All records captured are contained within a Trim file and can therefore be managed appropriately.

 

6.1.4??? Trim is the system that holds both the electronic document records of Council and also the metadata of physical document records of Council.? All records on capture receive a unique identifying number.? Records that are not supported by electronic objects, ie remain as paper documents, must have a note appended to the Trim record advising of the location of the physical record.

 

6.1.5??? Trim file reference numbers should be displayed on outgoing correspondence.

 

6.1.6??? Care should be exercised in the titling of records and the correct completion of all metadata fields to enable easy future retrieval.? Relationships between records must be maintained to provide continuity, history and a complete record.

 

6.1.7??? Records security requirements should be maintained in accordance with established procedures and guidelines.?

 

6.1.8??? Only Records Staff are permitted to create Trim files, classifying and titling them according to the Keyword for Councils: A Thesaurus of Local Government Terms.? Requests for new files should be made to the Records Officer.

 

6.1.9??? Records created, stored and processed in other business systems of Council must be managed in accordance with the identified guidelines and procedures for those systems.

 

 

6.2?????? Storage and Security

 

6.2.1??? All archived records are to be packed, shelved and stored in a manner that ensures they are secure, accessible and minimises deterioration.? In doing so, the privacy and confidentiality of all records should be protected.

 

6.2.2??? General files, personnel files and insurance records prior to the introduction of Council?s electronic document management system are to be held in either Council?s secure off-site archive storage facility, the Records Section or in the case of legal documents and Council Minutes, Council?s strong room.? All locations have access restrictions.

 

6.2.3??? Archived files, including State Archives and Building and Development Applications are stored securely in Council?s off-site archive storage facility.

 

6.2.4??? The Records Officer will establish and maintain an archival data base of all physical records contained in Council?s storage facilities.

 

6.2.5??? Electronic records are retained online (on servers) or offline (on CD?s, magnetic disks or other removable media).? Back up copies of vital records are to be held securely in Council?s designated off-site facility.

 

6.2.6??? Originals of imaged records are to be held in the Records Section in day boxes until such time as conditions for their destruction, if appropriate under GDA 24, have been met.

 

6.2.7??? Certain classes of records may not be permitted to be destroyed under GDA 24 as well as those records that management of Nambucca Shire Council has decided to retain as a paper record.? These records are stored on-site until such time as they are further appraised or archived.

 

6.2.8??? Legal Documents (eg leases, contracts, deeds, certificates of title, licences and agreements etc) are to be scanned and stored electronically in Trim with details also added to the Legal Documents Register file.? The originals of all Legal Documents are to be filed in the Legal Documents File area with Council?s strong room. Access to original Legal Documents is restricted to the Records Officer and Council?s Property Officer.

 

6.2.9??? Active Development Application physical files are held within Council?s Department of Environment and Planning.

 

6.2.10? Unauthorised alteration, removal, distribution or destruction of Council?s records is prohibited.

 

6.1.11? Personal computers must not be left unattended in unsecured areas without first logging out from network connections, thus ensuring prevention of access to Council information by unauthorised users.

 

 

6.3?????? Access to Council Records

 

6.3.1??? Internal Access

 

6.3.1.1 Records must be available to all authorised staff requiring access to them for business purposes.

 

6.3.1.2 Access to Trim electronic records is controlled by a security matrix in which the requirements of each Trim user has a logon with password protection configured accordingly, thus ensuring no unauthorised access to records.

 

6.3.1.3 An audit log within the administration system of Trim provides a history of access and modifications.

 

6.3.1.4 Procedural guidelines dictate that records requiring elevated levels of security have the appropriate security and/or caveats applied at point of capture into Trim.

 

6.3.1.5 Requests for access to original documents or archived paper files are to be made to the Records Section.

 

6.3.2??? External Access

 

6.3.2.1 Public access to Nambucca Shire Council?s records is in accordance with the Local Government Act 1993, Chapter 4 Part 2 Section 12.? The general public is entitled to inspect the current version of the following documents:

 

a)?? Code of Conduct

b)?? Code of Meeting Practice

c)?? Annual Report

d)?? Annual Financial Reports

e)?? Auditors Reports

f)??? Management Plan

g)?? EEO Management Plan

h)?? Policy of Expenses & Provision of Facilities to Councillors

i)??? Land Register

j)??? Register of Investments

k)?? Return of Interests of Councillors, Designated Persons & Delegates

l)??? Returns as to Candidates Campaign Donations

m)? Business Papers for Council and Committee Meetings ? (but not including minutes of a meeting or any part of a meeting that is closed to the public other that the recommendations of that meeting)

n)?? Register of Delegations

o)?? Applications under Chapter 7 Part 1 for approval to erect a building and associated documents

p)?? Development Applications within the meaning of the Environmental Planning & Assessment Act 1979

q)?? Local Policies adopted by councils concerning approvals and orders

r)??? Records of approvals granted and decisions made on appeals concerning approvals

s)?? Records of building certificates

t)??? Plans of land proposed to be compulsorily acquired by council

u)?? Leases and licences for use of public land classified as community land

v)?? Plans of management for community land

w)? Environmental planning instruments, development control plans and plans made under Section 94AB of the Environmental Planning & Assessment Act 1979 applying to land with the Councils area

x)?? The Statement of Affairs, the Summary of Affairs and the register of policy documents required under the Freedom of Information Act 1989.

 

6.3.2.2 Public access to Council?s records must be in a suitably defined area under supervision and records must not be removed, destroyed, defaced or damaged for any purpose.

 

6.3.2.3 Freedom of Information requests will be determined by Council?s Public Officer.? At Nambucca Shire Council this is the General Manager.

 

6.4?????? Appraisal and Disposal of Records

 

6.4.1??? Disposal of Council?s records is governed by the State Records Act 1998 and must be carried out under the General Disposal Authority ? Local Government Records (GDA 10).?

 

6.4.2??? Originals of imaged records may be disposed of in accordance with General Retention and Disposal Authority ? Imaged Records GDA 24, after meeting the conditions therein.

 

6.4.3??? Appraisal is to be undertaken by the Records Officer within a program of sentencing, regular culling, transfer, archiving or destruction of appropriate records.

 

6.4.5??? A register documenting the details of the disposal of records and the Authority under which they have been approved shall be maintained by the Records Officer.

 

6.4.6??? Disposal of ephemeral or facilitative records, some draft documents and some working papers and certain other classes of records is permitted as ?Normal Administrative Practice? under Section 5 of The State Records Regulation 2005.? Schedule 3 of the Regulation details the circumstances under which this may occur.

 

 

7.0?????? Review

 

7.1?????? This Records Management Policy will be reviewed every two years, or earlier if circumstances arise to warrant revision, and amended as required in consultation with relevant managers and staff of Council.

---oo0oo---

?


General Purpose Committee

16 September 2009

General Manager's Report

ITEM 8.2????? SF1353??????????? 160909???????? 30 June 2009 Budget Review

 

AUTHOR/ENQUIRIES:???? Craig Doolan, Manager Financial Services ????????

 

Summary:

 

General Fund:??????????????? The original 2008/09 budget forecast a deficit net change in working capital of $14,400. Items revoted from 2007/08 amounted to $1,131,300 and internal loans due of $716,786, leaving an adjusted deficit of $1,862,486.

 

The estimated 30 June 2009 net change in working capital for the year 2008/09 is a deficit of $264,457, which changes to a deficit of $1,887,904 after revotes to 2009/10 of $947,900 and internal loans due of $675,547. Thus, a decline in working capital of $39,818 and a surplus of $25,418 on the original budget.

 

Water Supplies:???????????? The original 2008/09 budget forecast a deficit net change in working capital of $9,700. Items revoted from 2007/08 amounted to $77,900, leaving an adjusted deficit of $87,600.

 

The estimated 30 June 2009 net change in working capital for the year 2008/09 is a deficit of $291,206, which changes to a deficit of $332,506 after revotes to 2009/10 of $41,300. Thus, a decline in working capital of $254,606 and a deficit of $244,906 on the original budget.

 

Sewerage Services:??????? The original 2008/09 budget forecast a deficit net change in working capital of $18,300. Items revoted from 2007/08 amounted to $445,400, leaving an adjusted deficit of $463,700.

 

The estimated 30 June 2009 net change in working capital for the year 2008/09 is a deficit of $684,081, which changes to a deficit of $704,081 after revotes to 2009/10 of $20,000. Thus, a decline in working capital of $258,681 and a deficit of $240,381 on the original budget.

 

 

 

Recommendation:

 

1??????? That the budget review results to 30 June, 2009 be adopted subject to a final report with the Annual Statements.

 

2??????? That the list of revotes be approved and included as subvotes for 2009/10.

 

 

 

 

OPTIONS:

 

Not applicable

 

 

DISCUSSION:

 

The Budget Review Statement is submitted with revised operating results and summary of Current Liquid Equity as at the 30 June, 2009.

 

The circularised Budget Review document shows actual totals and the variances for each budget review heading. The end column lists the expenditure and revenue that is available for revote to 2009/10. Jobs containing revotes are individually displayed.

 

It should be noted that the results shown are preliminary and are subject to further end of year annual statement procedures and audit. Changes to the estimated position as a result of the completion of the Annual Statements will be reported as part of the presentation of the audited Financial Statements.

 

A review of the estimated results for 2008/09 is discussed below and explanations from responsible officers for items impacting the budget result by 5% or $10,000 are shown on page 2 of the budget review document. A summary of Current Liquid Equity is shown on page 1 of the budget review document.

 

Circularised also for Council?s information is a quarterly capital works program review.

 

 

GENERAL ACTIVITIES

 

Current Liquid Equity

 

Current Liquid Equity (CLE) represents Council?s ?working funds? account or Council?s short term uncommitted cash balance. The greater the level of CLE the more ability Council has to manage day to day and short term contingencies. At the 30 June after taking into account non cash operational items such as depreciation and employees leave liability the remaining surplus or deficit either increases or decreases CLE respectively. During a budget year CLE will fluctuate depending on blowouts or savings in expenditure, unplanned inclusions to the budget, and new, greater or less than estimated sources of income.

 

At the 30 June 2009, the current liquid equity position for General, net of depreciation and employees leave liability provision is estimated as a surplus of $3,214,902. Allowing for net revotes of $947,900 and internal loans due of $675,547, the adjusted estimated position is $1,591,455 (Surplus).

 

General?s net current liquid equity position at the 30 June 2008, was a surplus of $1,631,273, therefore the estimated position has declined by $39,818.

 

Council?s strong cash position has allowed council to satisfy its budget provisions. Current Liquid Equity is healthy and estimated to be $600,000 above the minimum level as per Council?s policies.

 

Budget Review Result

 

The 2008/09 General Activities Budget was adopted with a $14,400 deficit.

 

A substantial increase of $395,500 to Council?s original deficit was forecast at the September?08 Budget Review with the major factor being a reduction of $266,500 of estimated unrestricted investment earnings as a result of the downturn in credit markets that continued from the 2007/08 year.

 

Other significant net quarter variations of note were the $63,500 increase in the tender price associated with the reconstruction of the Upper Warrell Creek Railway Overbridge and additional funds of $60,300 required for the Willis St Netball Courts. An increase in Financial Assistance Grant was able to offset a number of other expenditure increases.

 

With little buffer remaining in working funds as a result of the above, senior management offered council plant replacement options for the short term replenishment of working funds through which council resolved to accept providing an estimated saving of $322,000.

 

A further reduction of $194,800 in unrestricted investment earnings was required in the December?08 Budget Review as the global financial crisis continued to have a detrimental effect on Council?s medium and long term investments but also a sharp decline in interest rates required a review of earnings from future term deposits. With interest rates at their lowest levels for four decades coupled with the strength of Council?s working funds, council?s forecast borrowing costs were able to be reduced by $142,200. This coupled with savings forecast for roads & streets rehabilitation works which produced savings of around $178,000 and savings in strategic planning costs and additional revenue from waste tipping fees improved the forecast budget result by $109,900 on the September review.

??

Investment returns were again revised downwards for the third consecutive quarter in the March?09 Budget Review with a similar reduction to the December review required. Relief in the investment environment has been experienced since and it is looking promising that positive returns will be the norm for 2009/10. The other major item adversely affecting the March forecast result was another increase for the Willis Street Netball Courts being an amount of $153,000. The inclusion of the plant replacement savings resolved in the September review provided the offset and the estimated budget result was improved by $68,100 to that of the December review.

 

This June?09 Budget Review being the final review for the 2009/10 year sees a substantial improvement to the forecast result presented for the March review with an overall deficit result for the year of $39,818 forecast, although it should be noted that these figures are still preliminary and are subject to completion of end of year statements and audit. More in depth analysis in relation to Council?s financial position will be advised as part of the final report on the statements and by Council?s auditors. Audit is scheduled for mid October with a final report to Council due for the first meeting in November.

 

With stability in the investment environment experienced during the final three months, Council?s investment earnings coincided with forecast returns with unrestricted investment revenue improving by $91,000 via the 0.75% administration charge applied to restricted reserves. Other notable savings recognised this quarter were $40,600 in telephone and rent charges; $28,300 in computer software maintenance; removal of the customary unspent public liability claims excess revote thus replenishing $46,100 to working funds; $32,000 saved in plant replacement; success in obtaining warranty service from original contractors for solar system and air conditioning provided a $54,300 saving in the hydrotherapy/gymnasium maintenance, it should be noted however, that additional funds are expected to be required in 2009/10 in pool capital and general maintenance for liquid chemical store and delivery; bridge maintenance produced savings of $26,500; street lighting costs were $39,800 below estimate; and, $29,300 was not required for asset management.

 

Additional notable items partly offsetting the savings were; flood damage, being the non approval to date of flood damage costs of $28,800 in parks and reserves and $29,000 council contribution to the RTA funded roads and bridges works; also in roads, additional costs were experienced for rural roads sealed pavement maintenance and gravel pavement maintenance of $64,800 and $95,800 respectively; and variances for land and environment court costs of $20,700 and town planning income of $74,800 occurred.

 

It is again pertinent to note that Council?s healthy working funds balance has allowed council to satisfactorily operate in line with its budget decisions despite an adverse economic environment. Sound budget management should continue to be the order of the day, staying focused on the objectives set annually and over the longer term in accordance with council?s management plan.

 

 

WATER SUPPLIES

 

Current Liquid Equity

 

The current liquid equity position for Water Supplies, net of depreciation is estimated as a surplus of $1,356,625. Allowing for net revotes of $41,300, the adjusted estimated position is $1,315,325 (Surplus).

 

Water Supplies? net current liquid equity position at the 30 June 2008, was a surplus of $1,569,931, therefore the estimated position has declined by $254,606.

 

Current Liquid Equity levels remain strong at approximately $800,000 above the minium level as per Council?s policy.

 

Budget Review Result

 

Council adopted a $9,700 deficit net change in working capital in the original budget. Only a minor increase to the original budget of $35,000 primarily from the reduction in interest earnings was forecast for the September?08 Budget Review.

 

Water Supplies? working funds were impacted in the December?08 Budget Review through another downward revision of investment earnings of $53,000; $100,000 for Variation Claims from the Department of Commerce for the IWCM strategy; and the Upper Warrell Ck Overbridge water main relocation requiring a further $55,000. ?The forecast budget deficit for the December review increased by $222,400.

 

Minor operational item adjustments were required in the March?09 Budget Review accounting for the $34,600 decline from the December review.

 

This June?09 Budget Review forecasts an improvement from the March review of $47,100 with savings associated with the revised estimate for the Upper Warrell Ck Overbridge water main relocation and additional income for mobile phone tower rental.

 

 

SEWERAGE SERVICES

 

Current Liquid Equity

 

The current liquid equity position for Sewerage Services, net of depreciation is estimated as a surplus of $590,491. Allowing for net revotes of $20,000, the adjusted estimated position is $570,491 (Surplus).

 

General?s net current liquid equity position at the 30 June 2008, was a surplus of $829,172, therefore the estimated position has declined by $258,681.

 

Current Liquid Equity levels remains satisfactory at approximately $150,000 above the minium level as per Council?s policy.

 

 

Budget Review Result

 

Council adopted a $18,300 deficit net change in working capital in the original budget. The September?08 Budget Review forecast little change to the budget. Only a minor increase of $20,900 to the forecast September budget result was required for the December?08 Budget Review.

 

The March?09 Budget Review saw a decline of $199,800 on the December review primarily through $125,000 reduction in income in relation to the forecast Trade Waste Usage Charge based on NSW Department of Water and Energy ? Liquid Trade Waste Guidelines.

 

A minor reduction of $25,500 has been forecast with this June?09 Budget Review with the borrowing cost savings associated with the reduction in interest rates and deferred draw down of loans coupled with the reduction in the distribution of overheads offset by increases in pump station and treatment works operating costs and an adjustment to the transfer from the augmentation reserve which was overstated in the September review.

 

 

CONSULTATION:

 

Budget item responsible officers

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Considered with adoption of budget

 

Social

 

Considered with adoption of budget

 

Economic

 

Considered with adoption of budget

 

Risk

 

Considered with adoption of budget

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Refer to discussion.

 

Source of fund and any variance to working funds

 

Refer to discussion.

 

 

Attachments:

There are no attachments for this report. ?


General Purpose Committee

16 September 2009

General Manager's Report

ITEM 8.3????? SF941????????????? 160909???????? Monitoring of Tourism Action Plan and Strategic Review

 

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

 

Summary:

 

This report has been prepared by Council?s Tourism Co-ordinator.? It deals with some matters discussed in another report in this business paper titled, ?Review of Tourism Function?, but also deals with other matters arising out of the Tourism Action Plan and Tourism Strategy prepared in 2007.? The report is presented to the Committee meeting as it provides another perspective of tourism issues.? Recommendations concerning the establishment of a tourism business levy or special rate have been removed as they are covered by the other report.? Otherwise the report is unchanged.

 

The achieved outcomes of the Tourism Action Plan and Tourism Strategy, undertaken by Evolve Network Australia in 2007, are analysed in this document.

 

 

Recommendation:

 

1??????? That Council and the Nambucca Valley Tourism Association collate a list of priorities and responsibilities for further promotional actions to be undertaken in 2009-2011 after consideration of the available budgets and human resources of NVTA and NSC.

 

2??????? That there be a report to Council on the opportunity for a Memorandum of Understanding between Nambucca Shire Council and Nambucca Valley Tourism Inc.

 

3??????? That Nambucca Valley Tourism Inc. be requested to reassess a collaboration with neighbouring areas, for example proposing a revised Memorandum of Understanding with Coffs Coast Marketing and/or Bellingen/Macleay.

 

4??????? That Council addresses the establishment of an alcohol free zone at the Visitor Information Centre, bus stop, car park, Quota Park.

 

5??????? That Council orders a fourth CCTV camera for monitoring the bus stop / breeze way.

 

6??????? That Council installs Perspex covers for the information board in the breezeway at the Visitor Information Centre.

 

7??????? That Council pushes the completion of the jetty at the Visitor Information Centre, to increase tourism attractions (River Cruises) and generate income by commission of the sale of tickets for river cruises.

 

8??????? The Council seek approval to install additional signage for the Visitor Information Centre before and at the northern Highway turnoff.

 

 

 

OPTIONS:

 

Nambucca Shire Council gives Nambucca Valley Tourism Association funding to recruit additional services of a Marketing Coordinator to implement a reviewed Tourism Strategy.? This is discussed in the report


 

Discussion:

 

1??????? Develop Human Resources

 

Recommendation

Annual Salary

Location

Key Responsibilities

Realisation

Full-time Tourism Officer

$ 60,000 paid by NSC (co-funded by NVTA)

Visitor Information Centre

See discussion below

NSC hired 21 hours/week Tourism Coordinator $ 25,000 annually

Indigenous Trainee Tourism Officer

$30,000 paid by NSC

Visitor Information Centre

Recognition, development & marketing of cultural tourism

None, VIC does not have the workspace for a second employee or trainee, no allocation in budget

Bookeasy/Marketing Coordinator

$ 8500 paid by NVTA

Not specified

Push NVTA membership & use of Bookeasy software

NVTA hired 20 hour/month marketing coordinator to recruit members and fulfil other tasks, $ 6,500 annually

Volunteering Opportunities

None, under NSC work cover

Visitor Information Centre

?? Promote the attractions of the Nambucca Valley

?? Conduct local Tours

?? VIC has currently 35 volunteers who all receive training, induction, famils, uniforms

?? Tours not implemented, buses have to be booked weeks in advance, impossible to pre-book enough interested visitors

Work for the Dole Placements

$ 500 revenue of 25 weeks

Visitor Information Centre

Promote the attractions of the Nambucca Valley

None. The opportunity to receive any revenue for Work for the Dole Placements had already expired before the Tourism Strategy was presented to NSC

 

 

Key Responsibilities

Tourism Co-ordinator

NVTA Executives & Marketing Coordinator

Level of achievement and reasons for non-achievement

Bring industry together

 

ongoing

ongoing

Provide all members of NVTA with information on approved marketing activities and individual marketing opportunities

Provide regular newsletter

 

ongoing*

ongoing*

Industry members are informed by separate emails on important items, as newsletter proved to be not accepted (too much information to sift through at once)

Update the website

yes

NVTA Marketing Co-ordinator gives advice

full

Provide & coordinate training

yes

 

full

Be the Council liaison for public events

 

 

 

Assist tourism entities with grant development and business referral services

 

yes

 

Host information days (including Austrade, education, DSRD, Business Access Point, ETC)

no

no

No demand

 

Maintain flow of information between industry, its peak body & Council

 

yes

yes

Monthly reports circulated

Develop policies & procedures regarding volunteers

 

yes

 

full

VIC sales & marketing

 

yes

 

developing

 

2??????? Develop Nambucca Valley Tourism Association

 

Action

Responsible

Realisation

Conduct Strategic Planning Day

NVTA

none

Relaunch Association ? increase membership fee- increase benefits

NVTA

Slight increase in membership levels 2008, document with benefits compiled by NVTA Marketing Coordinator

Communication Channels

 

 

Create NSC MOU

NSC Tourism Manager & NVTA Executives

No written MOU has been established

Banking

Membership invoicing

Administration Bookeasy

Bookkeeping

Website contents

 

 

3??????? Industry Collaboration

 

Networking of NVTA with surrounding areas.? NVTA did not want to collaborate with Coffs Coast Marketing as not in agreement with the MOA proposed by Coffs Coast Marketing.? No further initiatives by NVTA have been undertaken to revise the proposed MOU or establish an MOU with another neighbouring area.

 

4??????? Visitor Information Centre

 

Objective

Details

Responsible

Realisation

Increase presence of VIC?s throughout community

Create Level 3 Visitor Centre?s throughout Valley

NVTA/ NSC Tourism Coordinator

?? Level 3 information Centre?s require a full-time dedicated volunteer (or employee) present at all times, plus a dedicated counter/display area. The realisation of Level 3 Centre would carry considerable costs for counters, display stands, and additional tasks for the Tourism Coordinator to roster additional volunteers.
One portable information carousel has been set up in Caf? au Lait, Macksville.

Address Crime Prevention Plan at VIC

Installation of CCTV

Small amount of refurbishing

NSC

?? Three camera?s have been installed, staff and volunteers have access to duress buttons.? Crime frequency has dropped since installation of the CCTV, however, on no occasion the footage was conclusive to identify culprits.

?? A 4th camera monitoring the bus stop / breeze way is recommended.
The Perspex covers over the information board next to the main entrance have proven to be very helpful and so far indestructible, the installation of similar covers for the second information board in the breezeway is recommended

?? At the VIC?s in Coffs and Urunga the installation of security mesh has been proven to be very effective. The installation of security mesh at the VIC with its large amount of glass surfaces would involve cost in excess of $ 10,000 and result in a loss of attractiveness (dark, no views to inside) of the VIC.

Develop current VIC site

?? Utilise the current VIC site to generate revenue

?? Extend the current VIC building

?? Establish Jetty at VIC

NVTA/ NSC Tourism Coordinator

?? The VIC is currently selling T-Shirts, jackets, hats, postcards, lollies. There is not enough floor space to expand the current selection easily. The Tourism Coordinator is assessing all options to sell more products, NVTA does want to keep the products obtained from non-members to a minimum.

?? The extension of the VIC building would involve huge costs. No grants have been found suitable to support this initiative.

?? The Jetty has not been completed, preventing income revenue from selling river cruise tickets.

 

 

5??????? Marketing

 

Objectives??????

Details

Responsibility

Realisation

Establish tourism data resources

?? The VIC collects comprehensive data from all visitors to the Centre

?? All tourism operators have been provided by NVTA with statistical data collection sheets

?? Tourism Coordinator/volunteers


?? NVTA/Tourism Coordinator

?? Full



?? Not many tourism operators have completed the data collection, follow up required

Enhance understanding of local capacity

Community forums to be organised

NVTA / Tourism Officer

NVTA executives are conducting talks with Chambers of Commerce

Analyse secondary data

Obtain & analyse secondary data

Tourism Officer /Trainee

Has not taken place due to lack of human resources

Ongoing research strategy

Develop ongoing research strategy

Tourism Officer / Trainee

Has not taken place due to lack of human resources

Marketing plan

Develop Marketing Plan

Tourism Officer / Trainee

Has not taken place due to lack of human resources

 

6??????? Industry Training

 

Task

Details

Responsible

Realisation

Industry Skills Audit

Gather information on what skills exist in the Nambucca Valley

Trainee

No human resources available

Lobby RTO for training

Provide RTO with information on skill gaps

Tourism Officer

RTO has asked all industry members for input

Develop workshops for Industry

Develop workshops for industry participants and community

Tourism Officer / trainee / Regional Tourism Manager

One Aussie Host Workshop promoted by RTO, hardly any industry interest or participation

 

7??????? Beautification, infrastructure and product management strategies

 

Tasks

Details

Responsible

Realisation

Establish product development, main streets and infrastructure working party

Establish a sub-committee of NVTA ? work together with Chambers of Commerce and greater Community

NVTA

Marketing Committee of NVA conducting meetings

Analyse current opportunities

No attachment 9 provided

NVTA/ Tourism Manager

Not possible to analyse without documentation

Investigate opportunities in cultural tourism

Liaise with key stake holders

Trainee

Human resources not available, cost factor inhibits bookings

 

Consultation:

 

To provide NSC with this report, regular consultations have taken place between the NSC Tourism Coordinator, NSC Tourism Manager/General Manager, NVTA Executives, NVTA Marketing Coordinator and NVTA members. Consultation regarding increase of revenue of souvenir sales & booking commission has taken place with John Moyes, Urunga Visitor Information Centre.

 

Sustainability assessment:

 

Environment

 

There are no implications for the environment.

 

Social

 

It is important that Council reinforces its reputation for achieving economic success in the tourism sector and attract tourism related businesses, creating jobs in the Nambucca Valley.

 

Economic

 

Tourism is a main contributor to the economic stability and economic development of the Nambucca Shire. The importance of this industry calls for ongoing promotion. The upkeep/extension of human resources employed by NSC and NVTA as well as volunteers involved in the promotion of the Nambucca Valley are mandatory to guarantee economic sustainability.

 

Risk

 

There are no particular risks.

 

Financial Implications:

 

Direct and indirect impact on current and future budgets

 

The additional CCTV camera will cost approximately $700 whilst the perspective cover will cost approximately $1,500 installed.? A budget variation of $2,200 will be required.

 

Source of funds and any variance to working funds

 

The current budget allocates $ 20,000 per annum to the promotion of Tourism. The installation of a Tourism Levy could increase the amount available for Tourism Promotion.

 

 

Attachments:

There are no attachments for this report.


General Purpose Committee

16 September 2009

General Manager's Report

ITEM 8.4????? SF639????????????? 160909???????? Review of Tourism Function

 

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

 

Summary:

 

Council has been providing staffing assistance to Nambucca Valley Tourism Inc. to the value of approximately $30,800 per annum for tourism marketing activities (staffing overhead) as well as direct funding of $20,000 per annum.? The workload of existing positions is such that the staffing assistance is no longer available.

 

It is acknowledged there is a limit to the amount of administrative work which Nambucca Valley Tourism Inc. can manage.? The executive are volunteers who conduct their own tourism businesses and have limited capacity in terms of time to drive fundraising; to develop and implement marketing strategies; and undertake grant acquittals etc.

 

Council has obvious difficulties in funding tourism support and marketing from its general fund.? The demand on available funds is such that it?s unable to fund the replacement of its most basic assets ie, roads, bridges, buildings etc.

 

A potential solution to the capacity problems of Nambucca Valley Tourism Inc. and Nambucca Shire Council is to seek expressions of interest in a special rate to fund tourism marketing.? Ideally the rate revenue should replace the existing membership fees of the Association.

 

 

Recommendation:

 

That Council receive a report on the options for structuring a special rate for tourism marketing with revenue options of $30,000; $50,000 and $70,000.

 

 

OPTIONS:

 

There are many options.? The key limiting constraints are seen as being the capacity of Nambucca Valley Tourism Inc and Council?s own financial position.

 

 

DISCUSSION:

 

Council has been providing staffing assistance to Nambucca Valley Tourism Inc. to the value of approximately $30,800 per annum for tourism marketing activities (staffing overhead) as well as direct funding of $20,000 per annum.? The workload of existing positions is such that the staffing assistance is no longer available.? The direct funding of $20,000 per annum has been unchanged for a number of years.? The matter was reported to Council?s meeting on 4 June 2009 but it was resolved that the matter be deferred for 14 weeks to this General Purpose Committee meeting.

 

In general terms, for 2009/2010 the financial support ($ per annum) which Council has planned to provide to tourism may be summarised as follows:

 

Tourism management (staffing overhead)????????????????????????????????????????????? $30,800

Tourism marketing????????????????????????????????????????????????????????????????????????????? $20,000

Other Tourism (mainly operation of the Visitor Information Centre) $64,000*

 

* This is derived from net tourism and area promotion costs for 2009/2010 of $114,800 less $20,000 for tourism marketing and less $30,800 for corporate support.? This includes the Part Time Tourism Co-ordinator at 21 hours per week and a depreciation expense of $16,300.

 

By way of comparison, Bellingen Shire Council has a planned net expenditure on tourism in 2009/2010 of $130,000 whilst Kempsey has a planned net expenditure of $276,220.

 

It is understood that Nambucca Valley Tourism Inc. has around 70-80 financial members who pay an annual subscription of between $66 and $295 depending upon the size of the business.? Only financial members are permitted to advertise in the Visitor Information Centre or on the BookEasy system.

 

The existing funding arrangements for tourism marketing in the Nambucca Valley pose the following issues:

 

?????? There is a divided responsibility between Council and Nambucca Valley Tourism Inc. (the industry) with Council providing the large majority of funding.

?????? A minority of the businesses who benefit from tourism are financial members of Nambucca Valley Tourism Inc.? For example there are 257 properties with business rates in Council?s CBD areas alone.

?????? A number of the large tourism operators undertake their own direct marketing.

?????? Given the costs of tourism marketing, meaningful market penetration will require a collaborative effort.? Whether this is through Mid North Coast Tourism or via a Memorandum of Understanding, such as exists between Coffs Harbour and Bellingen Councils, was the subject of debate in the preparation of the tourism strategy in 2007.

 

It is acknowledged there is a limit to the amount of administrative work which Nambucca Valley Tourism Inc. can manage.? The executive are volunteers who conduct their own tourism businesses and have limited capacity in terms of time to drive fundraising; to develop and implement marketing strategies; and undertake grant acquittals etc.

 

Council has obvious difficulties in funding tourism support and marketing from its general fund.? The demand on available funds is such that it?s unable to fund the replacement of its most basic assets ie, roads, bridges, buildings etc.

 

A potential solution to the capacity problems of Nambucca Valley Tourism Inc. and Nambucca Shire Council is to seek expressions of interest in a special rate to fund tourism marketing.? One option would be for Council to continue to operate the Visitor Information Centre but apply the proceeds of a special rate exclusively to tourism marketing through Nambucca Valley Tourism Inc.

 

The expenditure of the funds would be undertaken through an agreed marketing program, the implementation of which would be the subject of an annual report to Council.? A rate which raised $30,000 would maintain the previous staffing support whilst revenue additional to this would increase the resources allocated to tourism marketing.

 

The support of the three Chambers of Commerce for any special rate would be crucial to its acceptance by the Minister for Local Government as it would be in addition to Council?s permitted (pegged) rate variation.? Ideally the rate revenue should replace the existing membership fees of the Association.

 

 

CONSULTATION:

 

There has been consultation with Council?s Tourism Co-ordinator and the Manager Business Development.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

At this stage there are no social implications.

 

Economic

 

Tourism is an important component of the Valley?s economy and its marketing is important.

 

Risk

 

At this stage there are no identified risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no impact on budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report. ?


General Purpose Committee

16 September 2009

Director Environment & Planning's Report

ITEM 9.1????? SF1309??????????? 160909???????? Report on Supplementary Height Analysis for Matthew Street, Scotts Head

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner ????????

 

Summary:

 

The purpose of this report it to provide Council with the supplementary height analysis undertaken for Matthew Street, Scotts Head.

 

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 note the supplementary Height Analysis provided by Bennell and Associates.

 

2????????? That Council endorse the Urban Design Strategy for Matthew Street, Scotts Head as prepared by Bennell and Associates (July 2009).

 

3????????? That Council resolve to modify Draft LEP Amendment No 68 in the following manner:

 

a??????? LEP Amendment No 68 shall provide site specific development controls for a sensitive scenic location in Matthew Street Scotts Head. These controls shall be based on well justified place based urban design investigations.

 

b??????? In order to remove this land from the provisions of Complying Development under the SEPP (Exempt and Complying Development Codes), the subject land shall be designated in accordance with Clause 1.9(2)(j) of the SEPP (Exempt and Complying Development Codes).

 

4????????? That Council inform the Director-General of the Department of Planning of its decision to modify draft LEP Amendment No 68 and request a section 65 certificate or provide Council with delegated authority to exhibit the draft plan and the draft Urban Design Strategy for Matthew Street Scotts Heads.

 

5????????? That upon receipt of a Section 65 certificate or delegated authority from the Department of Planning, draft LEP Amendment No 68 (as amended), be exhibited along with the draft Urban Design Strategy, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

6????????? That following the conclusion of the exhibition period a further report be prepared and presented to Council.

 

 

OPTIONS:

 

a????????? It should be noted that the consultants have maintained their recommendation for a 6.5m height limit. However, Council can resolve to adopt a 7m height limit. Any such change will require the following l recommendations to be adopted:

 

1??????? That Council note and endorse the supplementary Height Analysis provided by Bennell and Associates.

 

2??????? That Council endorse the Urban Design Strategy for Matthew Street, Scotts Head as prepared by Bennell and Associates (July 2009) and the supplementary Height Analysis with a 7.0m maximum height be included as an addendum.

 

3??????? That Council resolve to modify Draft LEP Amendment No 68 in the following manner:

 

a??????? LEP Amendment No 68 shall provide site specific development controls for a sensitive scenic location in Matthew Street Scotts Head. These controls shall be based on well justified place based urban design investigations with a maximum height of 7.0m.

 

b??????? In order to remove this land from the provisions of Complying Development under the SEPP (Exempt and Complying Development Codes), the subject land shall be designated in accordance with Clause 1.9(2)(j) of the SEPP (Exempt and Complying Development Codes).

 

4??????? That Council inform the Director-General of the Department of Planning of its decision to modify draft LEP Amendment No 68 and request a section 65 certificate or provide Council with delegated authority to exhibit the draft plan and the draft Urban Design Strategy and addendum for Matthew Street Scotts Heads with a maximum height of 7.0m.

 

5??????? That upon receipt of a Section 65 certificate or delegated authority from the Department of Planning, draft LEP Amendment No 68 (as amended), be exhibited along with the draft Urban Design Strategy, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

6??????? That following the conclusion of the exhibition period a further report be prepared and presented to Council.

 

b????????? Council could resolve to not adopt the draft strategy for exhibition and maintain the existing development controls.

 

 

DISCUSSION:

 

Bennell and Associates recently prepared a draft Place Based Study for the Matthew Street Precinct at Scotts Head. Among other things the draft Strategy recommended a height of 6.5m. The draft strategy was presented to Council at the General Purpose committee in August and on the 20 August 2009 Council resolved the following:

 

?That Council consult with Bennell and Associates in relation to increasing the height limit to 7.0 metres.?

 

As requested, Bennell and Associates have undertaken a supplementary height analysis which is [attachment 1].

 

Bennell and Associates state the following:

 

To provide a comparison between the two heights, ie 6.5 m and 7.0 m, a number of examples of different roof types were used with the following parameters adopted:

 

?????????????? A site with a slope of 8 degrees representing the average slope of the steeper land within the precinct;

?????????????? A maximum allowable cut of 1.2 m;

?????????????? A ceiling height of 2,400 mm*, unless noted otherwise;

?????????????? A building width of 10 m, ie 9.8 m internal width;

?????????????? Slab on ground construction on the ground floor.

 

The roof forms considered include:

 

?????????????? Hip/gable;

?????????????? Skillion and flat;

?????????????? Curved;

?????????????? Butterfly; and

?????????????? Mixed roof forms

 

The difference in view lines between the 6.5 m and 7.0 m heights were also drawn in the cross sections in figures 1 -18. These cross sections also show the 8.5m maximum allowed under the NSW Housing Code and the nominal 5.0 m limit under the previous Development Control Plan No. 3.

 

In summary Bennell and Associates state the following:

 

?????????????? The recommended 6.5m height allows virtually all roof types that could be considered in character with the precinct in question;

?????????????? The 7m height provides for some flexibility for steep gables and symmetrical butterfly roofs but generally provides for unnecessarily high ceilings for most roof forms of 2 storey buildings;

?????????????? The slight increase in flexibility provided by a 7m height limit does not outweigh the costs of view loss if the concept of view sharing is accepted for the benefit of the wider visual catchment of the locality.

 

 

CONSULTATION:

 

Manager of Planning and Assessment; and

Director of Environment and Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Incorporation of the development controls identified in the draft Urban Design Strategy into Councils DCP and LEP will provide an effective mechanism to ensure sustainable environmental outcomes are achieved for the precinct.

 

Social

 

Incorporation of the development controls identified in the draft Urban Design Strategy into Councils DCP and LEP will provide good urban design outcomes for residents in the Matthew Street precinct.

 

Economic

 

Incorporation of the development controls identified in the draft Urban Design Strategy into Councils DCP and LEP will provide improved economic benefits for future development in the Matthew Street precinct.

 

Risk

 

It is considered that with the detailed and very specific Urban Design Strategy in place, consistency will be achieved thereby minimising impacts on adjoining landowners.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The supplementary Height Analysis for Matthew Street has been funded through the Strategic Planning budget.

 

Source of fund and any variance to working funds

 

Any additional report will also be sourced through the Strategic Planning Budget.

 

Attachments:

1View

22188/2009 - Supplementary Height Analysis prepared by Bennell and Associates

 

??


General Purpose Committee - 16 September 2009

Report on Supplementary Height Analysis for Matthew Street, Scotts Head

Attachment 1

H:\200909\SUPPLEMENTARY HEIGHT ANALYSIS PREPARED BY BENNELL _.TIF - Supplementary Height Analysis prepared by Bennell and Associates

 












?


General Purpose Committee

16 September 2009

Director Environment & Planning's Report

ITEM 9.2????? SF1231??????????? 160909???????? Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 

Summary:

 

Council at its meeting on 21 May 2009 considered a report dealing with the draft Approvals Policy for the use of footpaths. A copy of that report is attached for Council?s information. Council resolved to defer the matter pending consideration of a further submission from the Macksville & District Chamber of Commerce & Industry and the outcome of another working party meeting.

 

Following the working party meeting held on 16 June 2009, two (2) submissions were received. Copies of the submissions are attached to this report for Council?s information.

 

One of the submissions was from the Macksville Chamber of Commerce and their suggested amendment has been included in recommendation 1(b).

 

Following the working party meeting and the additional consultation period, the two (2) submissions were referred to Council?s Access Committee for consideration at its meeting on 25 August 2009. Council?s Manager Community and Cultural Services advised that the Access Committee had no particular concerns.

 

Having regard to the consultation process and the matters raised in the previous report considered by Council at its meeting on 21 May 2009, it is considered that the draft Approvals Policy should now be adopted by Council, subject to appropriate amendments, including the proposed amendment suggested by the Macksville Chamber of Commerce in its letter dated 31 July 2009. However, before it becomes effective it is considered that Council should determine the fees and charges that will apply to the Approvals Policy.

 

 

Recommendation:

 

1????????? That Council endorse the following amendments to the Approvals Policy ? Use of Road Reserves and Public Land for Outdoor Dining Areas, Street Vending, Trading Tables and other Structures by Commercial Premises, and Community and Charitable Organisations:

 

a??????? No new or existing approved signage currently located on Council controlled footpaths be allowed to remain beyond 30 September 2010 and any 2009 renewals for current approved signage shall have a common expiry date of 30 September 2010, after which no further approvals for A-Frame signs (or similar) will be granted on Council controlled footpaths or public land.

 

b??????? Street stalls conducted by existing community and charitable organisations shall be allowed to continue to operate in their current locations during the same time periods, providing each organisation has its own Public Liability Insurance Cover, and a copy of the Certificate of Currency is submitted to the Chamber of Commerce at the time of each booking, in lieu of notifying Council annually (as per the recommendation of the Macksville Chamber of Commerce by letter dated 31 July 2009).

 

c??????? Allow business premises to retain their trading tables/racks and caf? table and chairs that are approved and registered (annually) under the current Policy for the next two (2) years (30 September 2011), after which any continuation will need to be determined in accordance with the new provisions of this Approvals Policy. This concession shall only apply to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

d??????? After the transitional period referred to in 1(c) above and/or for any new proposed outdoor dining areas on public land (including footpaths), a development application shall be lodged for Council?s consideration. Such application shall comply with the provisions of this new Approvals Policy, including a formal agreement for the exclusive use of a designated area, for which a market value rental payment will be required and paid to Council.

 

e??????? Outdoor dining areas are to be enclosed by a suitable physical barrier or other means to ensure people with impaired vision can reasonably negotiate any obstruction created by outdoor furniture.

 

f???????? The term ?trading tables and the like? be amended to read ?other structures? and the new description to read ?other structures includes, but is not limited to; clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins, and the like.?

 

g??????? Subject to approval, outdoor dining areas and other structures are permitted to be located immediately outside the business premises (along the building line). Any such approval will be considered on its merits to ensure that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

h??????? Only one trading table or other structure having dimensions not exceeding 2000mm long x 600mm wide shall be allowed per business premises.

 

i???????? Trading tables and other structures to be enclosed with solid sides and front, to within 10mm of the ground level to ensure they can be detected by an individual using a white cane.

 

j???????? The requirement for ?costs associated with the preparation of a lease agreement (by Council?s Solicitor) must be met by the applicant?, be amended to require a standard form to be prepared and reviewed annually by Council?s Solicitor and the cost be paid by Council and recouped from ?rental? payments.

 

2????????? That the draft Approvals Policy retain the requirement for all outdoor eating areas to be smoke free environments.

 

3????????? That Council allow caf?s or restaurants to seek a variation of Alcohol Free Zones to permit the consumption of alcohol in designated outdoor dining areas, only where approval is granted under a formal lease agreement which requires a market value payment for the exclusive use of such areas.

 

4????????? That Council undertake a survey and consult with the three Chambers of Commerce to identify where there may be opportunities to establish purpose built dining areas in the Macksville, Nambucca Heads and Bowraville CBD.

 

5????????? That Council's Revenue Policy be amended and exhibited in accordance with the Local Government Act, which proposes that the annual lease fees for leasing of footpath areas under this Approvals Policy shall be based on "fair market value" with all costs associated with the determination of "fair market value" undertaken by Council's appointed valuer shall be at the cost of the applicant.

 

6????????? That Council advertise the adoption of this Approvals Policy and its commencement date being 1 November 2009, all in accordance with the provisions of the Local Government Act and that each Chamber of Commerce, Access Committee and those persons/businesses who currently benefit from an approval be advised of the adoption and commencement date of this new Approvals Policy.

 

 

OPTIONS:

 

There are various options including:

 

?????????????? Not accepting any or only some of the recommended amendments to the draft Policy.

?????????????? Not proceeding with the draft Policy and retaining the existing Policy.

?????????????? Making alternative amendments to the draft Policy.

?????????????? Making an alternative determination on what fees and charges should apply to the draft Policy.

 

 

DISCUSSION:

 

Council at its meeting on 21 May 2009 considered a report dealing with the draft Approvals Policy for the use of footpaths. At the meeting Council was provided with a letter dated 19 May 2009, prepared by Ms Janine Reed, on behalf of the Macksville & District Chamber of Commerce & Industry. Council resolved:

 

That the matter be deferred for two months to provide for consideration of Items 1?6 in the letter from the Macksville & District Chamber of Commerce and Industry Inc. Further, that during the period of deferral there be a meeting of the working party convened outside normal business hours to discuss the matter.

 

The submission on behalf of the Chamber raised the following issues:

 

1????????? The Working Party from whence recommendations have come consisted of only one Chamber; one member of the Access Committee, a representative from the Guide Dogs and four or five Council staff. This is hardly representative of the stakeholders and demonstrates very little consultation.

2????????? We have not had sufficient time to consider the recommendations from the Working Party or the present Draft Policy which has only just been received.

3????????? Some of the recommendations will have considerable adverse financial implications for those concerned and to proceed with this without notification to those concerned would be disastrous.

4????????? The Chamber is a voluntary organisation and does not have the resources to notify all concerned. On such a serious issue each permit holder should have been involved in the process, or at least advised ? as has been pointed out by one of our affected members. (Not all involved are Chamber members.)

5????????? The issue of alcohol or smoking were not previously raised. The Chamber has particular issues with the consumption of alcohol on the footpath in high traffic areas.

6????????? It appears that there has been no communication with Nambucca Heads Chamber whose retailers have a vested interest in this matter, too and it would be reasonable to expect input from those who would be affected by this proposed policy. (Permit holders should be consulted before this matter progresses.)

 

It is not considered that items 1, 2 & 6, relating to; inadequate timeframes; lack of consultation and/or notification; and, no communication with the Nambucca Heads Chamber of Commerce, are entirely correct. However, it has provided another opportunity for further consultation with all stakeholders.

 

With respect to item 4, Council is advised that upon receipt of applications to register outdoor furniture, trading tables, etc, applicants have been advised in terms of the following:

 

You are advised that Council has resolved to review the current policy for articles and items on footpaths (signage boards, sale tables and restaurant seating). Subsequent renewals will reflect any changes in Council?s policy.

 

Council is advised that the matter regarding ?smoking? has always been included in the present and past draft Policies. It is now up to Council to decide if it wishes to retain this provision in this Approvals Policy.

 

The matter relating to the consumption of alcohol has previously been raised as an issue by owners of restaurants/caf? who wished to provide alcohol in association with meals served in outdoor dining areas. In certain locations this may require the lifting of ?Alcohol Free Zones? to enable the consumption of alcohol on these premises. However, this involves a separate approvals process, after applicants have first obtained approval for the exclusive use of a footpath area under a lease agreement.

 

Having regard to Council?s resolution, representatives of the Macksville, Nambucca and Bowraville Chambers of Commerce and representatives of the Access Committee were again invited to participate in a working party to review the draft Approvals Policy. The working party meeting was held at 5.30 pm on 17 June 2009. On this occasion there was one (1) representative (Ms Janine Reed) from the Macksville Chamber of Commerce, two (2) representatives (Mr Neville Ledger and Ms Donella Fitzgerald) from the Nambucca Chamber of Commerce and one (1) representative (Mr Keith Davis) from the Access Committee. Councillors Moran and Smyth also attended in their capacity as Councillors.

 

Apologies were received from, Mr Mark Scott (Bowraville Chamber of Commerce); Ms Lauris White (Nambucca Chamber of Commerce); and, Dr Dorothy Secomb and Ms Jenny Croaker (Access Committee).

 

Each member of the working party was provided with a copy of the staff report considered by Council at its meeting on 21 May 2009 and the Draft Policy as amended following the previous working party meeting. A copy of the submission (dated 19 May 2009) tabled at the Council meeting by Ms Janine Reed on behalf of the Macksville Chamber of Commerce was also circulated.

 

Issues raised at the meeting included the following matters:

 

A-frame signs:

 

There was concern raised about the proposal to not allow any signage, including A-frame signs, on footpaths after the expiration of the current registration period (section 2.2, p7).

 

It was generally recognised that signage on footpaths can often impede the safe and efficient movement of pedestrians. It was accepted that signage along the building line can impact on people who are sight impaired. It was also accepted that signage on the kerb side presents other problems such as interfering with parked cars. However, if signage on footpaths is to be allowed, kerb side signage was seen to be the best of the two alternatives.

 

Rental payments for outdoor dining areas.

 

Concern was raised about the cost of ?rental? paid for outdoor dining areas based on market value determined by the State Valuation Office (section 3.4.2, p12).

 

It was stated that outdoor dining areas are seen as an extension of the business premises and it would not be unreasonable for Council to expect a reasonable return for use of its infrastructure (footpaths). This is not dissimilar to other LGA?s. It was suggested that any income received from rental of public footpath space could be used by Council for footpath improvements.

 

The working party was advised that it is up to Council to make a determination on what ?rental?, if any, is charged for the use of its public space. This can range from a nominal annual fee, which is the current situation, to a rental payment based on market value. However, Council has the option to charge a lesser rent in accordance with the Draft Policy, which states; ?or as otherwise determined by Council? (p12).

 

Lease Agreement for outdoor dining areas.

 

Concern was raised about the cost of any lease agreement for outdoor dining areas required to be prepared by Council?s solicitor (section 3.4.2, p11).

 

One of the members of the working party advised that laws have changed and that a standard pre-prepared lease agreement can now be purchased and executed without the need for a solicitor to prepare the document. It was suggested that this component of the Draft Policy could be amended so the lease is not required to be prepared by Council?s solicitor, and the applicant be allowed to submit a generic lease agreement for Council?s approval. There was general consensus for this amendment to be made to the Draft Policy.

 

Smoking in outdoor dining areas.

 

There was some concern raised that the Draft Policy required all outdoor dining areas to be smoke free environments (section 3.2.1 (c), p9).

 

It was suggested that many people take the opportunity to use outdoor dining areas because they are not allowed to smoke indoors. The working party was advised that this requirement was in the original Draft Policy and has been retained in the current Draft Policy. However, it was pointed out that it is a matter for Council to determine. In this regard the report considered by Council stated:

 

?Whilst it may be desirable (for a smoke free environment) from a health perspective, it is also considered this may be a moral issue that requires a separate resolution to determine Council?s position on the matter.?

 

There was a fair amount of discussion about smoking on footpaths, particularly outside licensed premises. However, the Draft Policy only relates to smoking in outdoor dining areas and whether or not they should be ?smoke free environments?.

 

Council is advised that the Draft Policy was generally well received. However, there were obviously differences of opinion. The meeting provided a good exchange of ideas, without reaching total agreement on how to amend the Draft Policy.

 

The meeting concluded with agreement for the following course of action.

 

It was agreed that the best way forward was for written submissions to be lodged and such submissions identify which specific provisions of the Draft Policy they strongly objected to and what, if any, amendments should be referred to Council for its consideration.

 

To enable all stakeholders to have meaningful input into the process and a further opportunity to formulate an appropriate response, it was agreed that submissions would be received up to 31 July 2009. This will allow sufficient time (an additional 6 weeks) for the matter to be tabled and considered by all members of the three Chambers of Commerce. It was agreed that all submissions received would then be referred to the August meeting of Council?s Access Committee. A report which itemises any outstanding concerns and any proposed amendments to the Draft Policy suggested by the respective stakeholders would then be referred to Council in September for its final determination.

 

With respect to the proposed change to allow a ?generic? lease agreement, Council?s Property Officer has suggested an alternative option. In this regard he has provided the following advice:

 

A better option would be for Council to instruct a solicitor to prepare a standard form of agreement from which staff can work. We can instruct the solicitor to review the standard form annually to ensure it is kept current. Acceptance of Licensee prepared documents may potentially result in a series of non standard agreements which would be problematic to administer.?

 

It is considered that the alternative option for Council?s Solicitor to prepare a standard lease agreement will maintain a consistent format and reduce the cost of preparing individual lease agreements by business operators. The initial set-up cost for the standard agreement and annual review could be paid for by Council and recouped from the receipt of ?rental? payments.

 

Following the meeting two (2) submissions, both dated 31 July 2009, were received. One submission was from the Macksville Chamber of Commerce and the other from Mr David Boulton, owner of Marnies Takeaway (Macksville).

 

The Chamber of Commerce submission has suggested that the requirement for a ?Certificate of Currency to be submitted to Council annually? be replaced by a requirement for the certificate to be submitted to the Chamber at the time of each booking. It is understood that this is the current practice. It would appear that the proposed change will still ensure that community/charitable organisations have the necessary insurance cover in place before operating street stalls or similar activities. As such, there is no reason why the proposed change should not be made.

 

The submission from Mr Boulton has raised concern that tables and chairs will not be allowed along the building line of shop premises. The draft Policy makes allowance for outdoor dining areas to be located outside the business premises (along the building line), providing it can be demonstrated that pedestrian access is not unreasonably impeded. Any approval for outdoor dining areas is subject to compliance with certain criteria relating to location, layout and type of furniture, and management responsibilities. It is not considered that Mr Boulton has raised any issues that warrant any changes to the draft Policy.

 

The two submissions were considered by the Access Committee on 25 August 2009. Council?s Manager Community and Cultural Services, who attended the meeting, provided the following advice:

 

The 2 submissions received (from Macksville and District Chamber of Commerce and Mr Boulton) in the final consultation phase for the draft policy were discussed at the Access Committee meeting held yesterday. There were no particular concerns from the Access Committee as it felt that the draft policy would cover the matters raised by the Chamber and Mr Boulton.

 

The additional working party meeting and subsequent consultation period has led to improvements and a better acceptance of the draft Approvals Policy. It is considered that the draft Policy, subject to appropriate amendments, should now be adopted by Council.

 

 

FEES & CHARGES

 

Except for outdoor dining areas the draft Approvals Policy maintains a license fee payment and a similar registration process for items such as trading tables, clothes racks, street vending, etc. For outdoor dining areas it is proposed to introduce a ?rental? payment for the exclusive use of the designated area under a lease agreement.

 

The draft Policy states:

 

??? The license fee for trading tables and other structures and the ?rental? for outdoor dining areas on Council owned/controlled land shall be at market value determined by the State Valuation Office (SVO) and reviewed by the SVO every five years, or as otherwise determined by Council. Fee and rental increases in between those five year periods are to be in accordance with the Consumer Price Index, or as otherwise determined by Council. All costs associated with the valuation are to be borne by the applicant.

 

Council?s Property Officer has advised that instead of seeking advice from the SVO it may be an easier and quicker option to obtain a valuation from an independent local registered Valuer.

 

In accordance with Council?s current Revenue Policy (Fees & Charges), the license fee for a Trading Table or a Footway Restaurant is $57 per annum plus $20 for each additional table (including GST). It is considered that the charges are only nominal and do not reflect a realist ?market value?.

 

Whilst it is considered that the draft Policy is ready to be adopted, it is suggested that Council's Fees and Charges need to be amended to reflect the "fair market rental" proposal. As such a recommendation is included to reflect this which can be incorporated into the final notification of the adoption of the new Approvals Policy.

 

 

CONSULTATION:

 

The Macksville, Nambucca Heads and Bowraville Chambers of Commerce and the Access Committee have been consulted prior to the preparation of this report.

 

In addition, Council?s Manager Community and Cultural Services, Director Engineering Services, Director Environment and Planning, Safety and Risk Officer, and the Property Officer have been consulted in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no identified environmental issues that would be affected by the draft Policy.

 

Social

 

There are many social issues associated with the adoption of the new draft Policy (as amended) including Council having regard to the Disability Discrimination Act and improving pedestrian footpath access.

 

Economic

 

There may be some economic impact on business premises if they are required to pay market value for outdoor dining areas, trading tables, etc.

 

Risk

 

There is a risk that the draft Policy (as amended) does not fully satisfy Council?s obligation to comply with the Disability Discrimination Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There may be some positive financial implications for Council if it requires payment at market value for outdoor dining areas, trading tables, etc, on Council?s footpaths. Income would be determined on a user pay basis and could be used for street improvements.

 

Source of fund and any variance to working funds

 

No funds or variation of working funds are required.

 

Attachments:

1View

11472/2009 - Previous Report on Draft Approvals Policy 20 May 2009

 

2View

11466/2009 - Draft Approvals Policy

 

3View

19162/2009 - Submission on Policy - Macksville Chamber of Commerce

 

4

19101/2009 - Submission on Policy - Marnies Takeaway

 

??


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 1

11472/2009 - Previous Report on Draft Approvals Policy 20 May 2009

 

Director Environment & Planning's Report

ITEM 9.3????? SF1231??????????? 200509???????? Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 


 

Summary:

 

The draft Approvals Policy ? Use of Road Reserves and Public Land for Commercial, Community and Charitable Purposes, was first considered by Council?s Access Committee in August 2005. Some of the recommendations by the Access Committee conflicted with several aspects of the draft Policy. An ?Issues Paper? dated February 2006 was subsequently prepared, which canvassed the issues raised. A copy of this document is attached to this report.

 

The draft Policy was exhibited and several responses were received. Council resolved not to adopt the draft Policy and no further action was taken. However, the matter was raised at the March 2008 Budget Workshop, wherein an explanation was sought regarding when a ?Usage Fee? should become a ?Lease Fee? in relation to footpath usage.

 

The current Policy only applies a nominal ?Usage Fee? for all private structures, including trading tables, dining furniture, clothes racks, etc. The draft Policy proposes to retain a ?Usage Fee? for trading tables and other structures. However, it is proposed to apply a ?Lease Fee? for the exclusive use of Council?s footpaths for outdoor dining areas associated with cafes and restaurants.

 

In accordance with Council?s resolution at its meeting on 25 June 2008, a Working Party was formed ?to resolve the conflicting issues surrounding the use of footpaths for such items as A frame signs, trading tables, street vending (excluding street stalls and outdoor eating areas.?) A copy of this report is attached for Council?s information.

 

After several attempts to arrange a suitable time and date, a meeting was held on the 26 February 2009. Prior to this meeting, the Macksville & District Chamber of Commerce and Industry provided a written submission (received 16 February 2009), a copy of which is attached to this report. The meeting included representatives from the Bowraville Chamber of Commerce, the Access Committee and various Council staff. A copy of the minutes is attached to this report. A copy of the presentation by the Director Engineering Services, referred to in the minutes, can be obtained from the Manager Planning & Assessment. Following the meeting the representative of Guide Dogs NSW provided Council with a further submission dated 26 February 2009, a copy of which is attached to this report.

 

The Working Group agreed on the following matters:

 

?????????????? Those businesses with approval up to now would continue to enjoy that benefit, however, if a premises sold or there was a change of use then the right to operate ceases, and the new owner/operator would be required to comply with the new policy.

 

?????????????? The working group recommends that under the new Policy, A-Frame (and similar) signs be prohibited on formed footpaths, given that there are alternatives eg flags, signs on awnings, window displays.

 

It should be noted that any alternative signage is required to comply with other requirements, including the provisions of DCP No 2 (Advertising Sign Code) and DCP No 10 (Exempt and Complying Development).

 

It is considered that the agreement reached regarding the two points referred to above should be incorporated into the draft Policy. It is also considered that the draft Policy can be amended to accommodate most of the suggested recommendations in the written submissions provided by the Macksville Chamber of Commerce and Industry and Guide Dogs NSW.

 

The main issue that needs to be resolved is the proposed requirement for caf?s and restaurants to enter into a formal agreement for the exclusive use of designated outdoor dining areas on road reserves and public land, for which a market value rental payment is made to Council.

 

Other matters addressed in this report that require consideration by Council relate to; outdoor dining areas being a smoke free environment; variation to Alcohol Free Zones; and, construction of purpose built outdoor dining areas.

 

It should be noted that the draft Approvals Policy only relates to the use of road reserves and community land for outdoor dining areas, trading tables and other structures, street stalls and the like, and street vending activities. Approvals for other activities such as special events on community land, and activities and events on roads are covered by other separate approvals procedures. The title of the draft Approvals Policy has been amended to better reflect the purpose of the draft Policy.

 

A copy of the amended draft Approvals Policy (incorporating the changes identified in the recommendations) has been circulated to all Councillors.

 

 


 

Recommendation:

 

1????????? That Council endorse the following amendments to the draft Approvals Policy ? Use of Road Reserves and Public Land for Outdoor Dining Areas, Street Vending, Trading Tables and other Structures by Commercial Premises, and Community and Charitable Organisations:

 

a????????? All approved signage on footpaths be allowed to remain until the current registration period expires, after which no further approvals for A-Frame signs (or similar) will be granted.

 

b????????? Subject to the Chambers of Commerce continuing to taking bookings and maintaining a calendar, the street stalls conducted by existing community and charitable organisations shall be allowed to continue to operate in their current locations during the same time periods, providing each organisation has its own Public Liability Insurance Cover.

 

c?????????? Allow business premises to retain their trading tables/racks and caf? table and chairs that are approved and registered (annually) under the current Policy for the next two (2) years (30 September 2011), after which any continuation will need to be revised and determined in accordance with the new provisions of the Policy. This concession only applies to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

d????????? After the transitional period referred to in 1(c) above and/or for any new proposed outdoor dining areas on public land (including footpaths), a development application shall be lodged for Council?s consideration. Such application shall comply with the provisions of the new Approvals Policy, including a formal agreement for the exclusive use of a designated area, for which a market value rental payment is made to Council.

 

2????????? Subject to approval, outdoor dining areas and other structures are permitted to be located immediately outside the business premises (along the building line). Any such approval will be considered on its merits to ensure that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

3????????? Outdoor dining areas are to be enclosed by a suitable physical barrier or other means to ensure people with impaired vision can reasonably negotiate any obstruction created by outdoor furniture.

 

 

 

4????????? The term ?trading tables and the like? be amended to read ?other structures? and the new description to read ?other structures includes, but is not limited to; clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins, and the like.?

 

5????????? Only one trading table or other structure having dimensions not exceeding 2000mm long x 600mm wide shall be allowed per business premises.

 

6????????? Trading tables and other structures to be enclosed with solid sides and front, to within 10mm of the ground level to ensure they can be detected by an individual using a long cane.

 

7????????? That the draft Approvals Policy retain the requirement for all outdoor eating areas to be smoke free environments.

 

8????????? That the draft Approvals Policy ? Use of Road Reserves and Public Land for Outdoor Dining Areas, Street Vending, Trading Tables and other Structures by Commercial Premises, and Community and Charitable Organisations, be amended accordingly and placed on public exhibition for 28 days and copies sent to the three Chambers of Commerce, Guide Dog NSW and the Access Committee.

 

9????????? That Council allow caf?s or restaurants to seek a variation of Alcohol Free Zones to permit the consumption of alcohol in designated outdoor dining areas, only where approval is granted under a formal lease agreement which requires a market value payment for the exclusive use of such areas.

 

10??????? That Council undertake a survey and consult with the three Chambers of Commerce to identify where there may be opportunities to establish purpose built dining areas in the Macksville, Nambucca Heads and Bowraville CBD.

 

 

 


OPTIONS:

 

There are various options including:

 

?????????????? Not accepting any or only some of the recommended amendments to the draft Policy.

?????????????? Not proceeding with the draft Policy and retaining the existing Policy.

?????????????? Making alternative amendments to the draft Policy.

 

 

DISCUSSION:

 

The review of Council?s Policy relating to ?Footpath Signage, Trading & Caf? Tables and Chairs? has been ongoing since March 2005. The draft Policy has not been adopted to date and therefore the current Policy remains in force. However, this Policy is outdated and may even contravene the provisions of the Federal Government?s Disability Discrimination Act (1992).

 

The draft Policy was considered by Council?s Access Committee on 28 June 2005. The Committee provided Council with its advice and several recommendations, including:

 

?????????????? The Policy is to require that all footpaths, remain a clear accessible walkway outwards from the building line or shoreline to at least the width of Australian Standard.

?????????????? A-frame signs and advertising boards should not be permitted at all, except on grassed areas not used as a public thoroughfare (2m clearance required).

?????????????? The Committee does not support commercial trading tables, clothes racks and the like on public footpaths.

?????????????? Council consider purpose built designated areas on private properties for the location of trading tables.

?????????????? With respect to ?outdoor eating areas? the Committee states; a clear area in accordance with the Australian Standard is to be maintained in front of shops and businesses; business owners need to comply with the Disability Discrimination Act; and, the underside of outdoor umbrellas is to be a minimum of 2.4m from the ground and only located over tables.

 

Some of the recommendations by the Access Committee conflicted with several aspects of the draft Policy. An ?Issues Paper? dated February 2006 was subsequently prepared, which canvassed the issues raised. A report, together with a copy of the draft Policy and the ?Issues Paper? were considered by Council at its meeting on 2 March 2006, wherein Council resolved:

 

?????????????? That Council will permit a reduced clear passage width of 1200mm in River Street Macksville due to costs for widening the footpath to meet the 4800mm min passage width.

?????????????? That the draft Policy (as amended) be placed on public exhibition for a minimum of 28 days.

?????????????? That upon completion of the public exhibition period, a report be prepared to Council detailing the outcome of the exhibition.

 

Written submissions were received from the Macksville & District Chamber of Commerce and Industry, dated 10 April 2006 and from Mr Andrew Stoner MP, dated 30 June 2006, on behalf of the Macksville & District Chamber of Commerce and Industry. Copies of these submissions are attached to this report.

 

Due to the differences between the Access Committee and the Chamber of Commerce, no compromise or agreement was reached on how to resolve the issues raised by the respective parties.

 

The draft Policy was held in abeyance until the matter was again considered by Council at its meeting on 25 June 2008. Council when dealing with the matter was advised in terms of the following;

 

The current Policy ?Footpath Signage Trading & Caf? Tables and Chairs Policy? provides for an annual usage fee only. As such all A-Frame signs, trading tables and restaurant tables and chairs require an annual licence, application and user fees and are dealt with under Section 68 of the Local Government Act.

 

The Draft Approvals Policy ? ?Use of Road Reserves and Public Land for Commercial, Community and Charitable Activities (2006)?, provides for an annual approval & Licence to be issued in a similar manner as current for ?A-Frame Signs? and ?Trading Tables and the Like?.

 

Outdoor Eating areas are proposed to be dealt with differently under the Environmental Planning and Assessment Act and the Local Government Act requiring the preparation and lodgement of a Development Application and be treated as ?Additional Floor Space? for the existing caf? or restaurant. Such approval/License would be for a maximum period of five (5) years to avoid the necessity to gain Ministerial Approval for a longer period (LG Act).

 

Council resolved:

 

1????????? That Council form a Working Party to resolve the conflicting issues surrounding the use of footpaths for such items as A-Frame signs, trading tables, street vending (excluding street stalls and outdoor eating areas) and this Working Party consist of Council Planning, Health and Engineering staff, Council?s Safety Officer, Council?s Insurers, a representative from each of the Chambers of Commerce and Industry and the Access Committee.

 

2????????? That Council require the Working Party to include for discussion and consideration the requirement of a ?No Smoking Provision? for all footpath caf? and restaurant seating areas situated on Council controlled land.

 

Representatives from the Access Committee and the Bowraville, Nambucca and Macksville Chambers of Commerce were invited to form a Working Party and participate in a meeting to ?reconsider the Draft Policy and endeavour to work through and reach agreement on the conflicting and competing issues associated with the use of road reserves and public lands (footpaths etc).?

 

The nominated representatives were provided with a copy of the ?Issues Paper?, the Draft Policy and the report considered by Council at its meeting on 25 June 2008. The representatives were advised in terms of the following:

 

The Working Party is to consist of relevant key stakeholders to ensure that all competing issues and constraints are discussed.

 

I urge you to read the documentation and attempt to identify and isolate the particular issues or controls that you strongly disagree with in the draft Policy.

 

After several attempts to arrange a suitable time and date, a meeting was held on the 26 February 2009. Prior to the meeting, the Macksville & District Chamber of Commerce provided a written submission (received 16 February 2009). The meeting included representatives from the Bowraville Chamber of Commerce, the Access Committee and various Council staff. A copy of the letter from the Macksville Chamber of Commerce and Industry was tendered at the meeting. The Director of Engineering Service made a power-point presentation and minutes of the meeting were taken. Following the meeting the representative of Guide Dogs NSW provided Council with a further submission dated 26 February 2009.

 

 

OUTCOME OF THE MEETING AND SUBMISSIONS:

 

Macksville & District Chamber of Commerce and Industry:

 

The original submission lodged by the Macksville & District Chamber of Commerce and Industry, dated 10 April 2006, advised that they only provide a booking service and a calendar for the use of tables for street stalls. They do not issue permits or provide insurance cover for such activities. The Chamber also stated that it has been a long standing practice for charitable organisation to hold street stalls out the front of Webber?s Retravision.

 

Andrew Stoner MP by letter dated 30 June 2006 advised Council that he had received representations from the Macksville & District Chamber of Commerce and Industry, raising concerns about restrictions placed on charitable organisations conducting fund raising street stalls.

 

The Macksville & District Chamber of Commerce and Industry, in its letter received by Council on 16 February 2009, reiterated its view that the stall in its present position (outside Retravision) should be retained. The Chamber states that it monitors the use and only allows one stall per week.

 

The Chamber also states that ?we permit a weekly table outside the newsagents reserved for volunteer and sporting organisations such as the Surf Club and Football Club.? Further, that it ?would vigorously oppose the imposition of any contributions towards parking.?

 

The Chamber also states that it supports the following option:

 

?Maintain the status quo and continue to allow these various activities to remain on the footpath in their current form.?

 

It is taken to mean that the option to retain the status quo, referred to above, not only relates to the use of tables by charitable organisations and sporting clubs, but also to the current approvals system for footpath signage, trading tables/racks, and caf? tables and chairs in front of business premises.

 

Comment:

 

To retain the status quo, ie to continue to allow signs, trading tables and outdoor dining areas to operate under the current policy, is considered to be untenable as it disregards Council?s obligation to have regard to the Disability Discrimination Act.

 

Given the previous historical and limited use of street stalls by community and charitable organisations, it is considered reasonable to allow the current arrangements to continue. However, each organisation will need to have its own Public Liability Insurance Cover.

 

Working Party meeting held on 26 February 2009:

 

As mentioned above, the minutes of the meeting are attached and should be read in conjunction with this report.

 

Comment:

 

There was much discussion about the need to accommodate unimpeded access along footpaths for a range of users including; those with impaired vision; people in a wheelchair and electric scooters (gophers); people with baby strollers; and, older people, particularly those that may need the assistance of a walking stick. It was recognised that Council has an obligation to comply with the Disabled Discrimination Act. However, there were some differences of opinions on what constituted compliance. Nevertheless the Working Group agreed on the following matters:

 

?????????????? Those businesses with approval up to now would continue to enjoy that benefit, however, if a premises sold or there was a change of use then the right to operate ceases, and the new owner/operator would be required to comply with the new policy.?

 

?????????????? The working group recommends that under the new Policy, A-Frame (and similar) signs be prohibited on formed footpaths, given that there are alternatives eg flags, signs on awnings, window displays.

 

It should be noted that any alternative signage is required to comply with other requirements including the provisions of DCP No 2 (Advertising Sign Code) and DCP No 10 (Exempt and Complying Development)

 

It is considered that the agreement reached regarding the two points referred to above should be incorporated into the draft Policy.

 

Guide Dogs NSW

 

Following the meeting the representative of Guide Dogs NSW submitted a letter dated 26 February, 2008.

 

Comment:

 

Guide Dogs NSW provided comment on the types of issues faced by individuals with vision impairment relating to the use of road reserves. The submission highlights the difficulty of negotiating obstructions, including A-Frame signs, street furniture, shop displays, outdoor dining areas, etc. However, the submission also provided some practical suggestions regarding the draft Policy. In this regard Guide Dogs NSW makes the following recommendations:

 

2.0 A-frame Signs

 

Recommendations:

 

?????????????? Support the suggestion made at today?s meeting that the placement of A-Frame signs on the footpaths be prohibited.

?????????????? Also support the proposed time-frame for enforcement of this recommendation; with new business required to comply upon commencement of trading and all businesses to comply within 24 months.

 

3.0 Trading tables and the like


 

Recommendations:

 

?????????????? Clarify of the term ?the like? to ensure businesses are aware of items approved to be placed on the footpath;

?????????????? Prohibit placement of clothes racks on the footpath (or individual consideration prior to approval) due to the danger these pose to individuals with vision impairment;

?????????????? Specify dimensions for display tables, including height, width and length;

?????????????? Reduce maximum number of trading tables to one, to minimise clutter on the footpath;

?????????????? Trading tables to be enclosed with solid sides and front, to within 10mm of the ground level to ensure they can be detected by an individual using a long cane.

 

4.0 Outdoor eating areas

 

Recommendations:

 

?????????????? Suggest copper discs to be installed on the ground to define the area available for outdoor eating in each business. This will assist the staff to place furniture and barriers within the designated area each day of operation.

?????????????? Suggest that eating areas are defined by a barrier such as planter boxes or the framed vinyl banner signs, to assist contain furniture and patrons within the designated area.

 

It is considered that most, if not all the suggested recommendations can be adopted and incorporated into the draft Policy.

 

 

CURRENT POLICY:

 

The current policy is simply an annual registration process that allows business premises to place their ancillary structures on public land, predominantly on footpaths. For this privilege, operators pay a nominal annual fee. The current register comprises a total of 38 business premises (12 in Macksville CBD, 16 in Nambucca CBD, 2 in Bowraville CBD, and 8 others). There is currently approval for a total of 33 A-Frame signs, 6 trading tables and 16 caf? tables and chairs.

 

Comment:

 

As stated above, businesses are currently only charged a nominal annual fee. However, the Roads Act enables Council to charge ?rental? for commercial use of public footpaths. The use of Council?s footpath for outdoor dining and trading tales/cloths racks, etc, is essentially an extension of commercial floor space on public land. The inherent purpose is to improve the identity and increase the profitability of the business premises. This is desirable and encouraged, providing it does not disadvantage other users of the public space. Further, it is not considered unreasonable to expect that Council should be paid a reasonable ?rent? for the use of its infrastructure (footpaths).

 

 

DRAFT APPROVALS POLICY:

 

The draft Approvals Policy recognises that Council has an obligation to comply with the provisions of the Disability Discrimination Act. This is in keeping with Council?s consideration of another report on this business paper (Draft Nambucca Shire Council Disability Action Plan). One of the strategies of the draft plan is:

 

????????? To ensure that Council has a footpath policy which considers the needs of people with disabilities.

 

The draft Policy deals with several different types of structures/uses on public land, each of which is considered separately:

 

1??????? A-Frame signs:

 

The draft Policy previously exhibited made provision to allow A-Frame signs under certain controls. These controls included:

 

?????????????? 600mm from the kerb adjacent to parallel parking;

?????????????? 750mm from the kerb adjacent to angle parking; no sign permitted along the front property boundary (shoreline); and,

?????????????? a minimum 1800mm unimpeded footpath width, except for River Street, Macksville, where a 1200mm width is required.

 

Comment:

 

The Working Party recommended that ?A-Frame (and similar) signs be prohibited on formed footpaths, given that there are alternatives eg flags, signs on awnings, window displays.?

 

Notwithstanding the recommendation of the Working Party, it is considered that any current approval needs to be recognised at least until the current registration period for approved signs, which expires in September 2009.

 

2??????? Trading tables and the like:

 

The draft Policy previously exhibited did not allow trading tables and other structures to be placed along the building line. It also provided no explanation of what was meant by the term ?the like? when used in conjunction with trading tables.

 

Comment:

 

The Guide Dog submission suggested that clarification was required for the term ?the like?. This term could be amended to read ?other structures? and a description to read ?other structures includes, but is not limited to; clothes racks, stands for other merchandise, promotional stands, street stalls,? bargain bins and the like.?

 

It is considered that the location of trading on the kerb-side may not always be desirable. Trading tables are a feature of commercial centres and should not be prohibited entirely. It is considered that trading tables should be allowed to be located immediately outside the business premises (along the building line), providing they do not unreasonably impede pedestrian access. However, it is recognised that trading tables along the building line can impact on vision impaired people. It has been suggested by the Guide Dogs NSW that:

 

Trading tables be enclosed with solid sides and front, to within 10mm of the ground level to ensure they can be detected by an individual using a long cane.

 

It was also suggested that only one trading table be allowed per business premises and dimensions specified. It is considered that the suggested recommendations regarding trading tables are reasonable and should be incorporated into the draft Policy.

 

3??????? Outdoor eating areas:

 

Similar to the previous controls for trading tables, the draft Policy did not allow table and chairs for outdoor dining area to be placed along the building line.

 

The draft Policy previously exhibited required applicants to comply with Council?s DCP for car parking and any relevant Section 94 Plan and the payment of a rental at market value determined by the State Valuation Office.

 

The draft Policy also states:

 

?All outdoor eating areas shall be smoke free environments.?

 

Comments:

 

The Working Party raised the following issues:

 

?????????????? The aim was to develop a best practice policy which recognises the Disability Discrimination Act and the community?s desire for outdoor dining; noting that there will always be differing views.

 

?????????????? Not all footpaths are appropriate for outdoor dining.

 

?????????????? A possible approach could be that where a situation doesn?t comply with the new policy, an application could come to Council accompanied by a Risk Assessment.

 

?????????????? There is a community view that questions why commercial enterprises can?t stay within their own boundaries when use of the footpath amounts to an extension of the area of their business.

 

?????????????? The question was asked ?can Council charge rental on its footpaths??

 

As can be seen from the comments above, whatever controls are put in place it is unlikely that all sectors of the Public and Business Community will be satisfied with the new draft Approvals Policy for outdoor eating areas. However, the Working Party generally agreed that it would be appropriate to introduce transitional provisions to allow existing operators that have approval under the current policy (including the fee structure) to continue for a limited period. However, it was suggested that this should cease to apply if the business changes hands or the type of business alters.

 

The Working Party generally agreed that the best solution was for purpose built outdoor dining areas located off the footpath, similar to the proposal to construct a dining platform in front of a Caf? in Bowra Street, Nambucca (this matter is further discussed in this report).

 

In the absence of purpose built dining platforms, it was generally agreed that outdoor dining areas are best located immediately outside the business premises, providing a physical barrier could be constructed and adequate footpath width was available. A physical barrier could assist sight impaired people and adequate footpath width is required for the safe and efficient passage for wheelchairs, electric scooters (gophers), prams, etc.

 

One of the major distinctions between the old Policy and the new draft Approvals Policy is the requirement for a development application to be lodged for any proposed new outdoor eating areas, street vending and trading tables and other structures. It is considered that the requirement for a development application for these uses will give Council an opportunity to fully consider the extended use of the business premises, and the adequacy of the type of structures, including furniture and any ancillary structures (such as barriers) on Council?s footpaths.

 

With respect to the additional requirement for compliance with Council?s DCP for car parking and Section 94 Plan, it is not considered that outdoor dining will necessarily increase the intensity in use of the premises. Quite often tables and chairs are provided for customer convenience and/or an opportunity to experience al fresco dining. Unless it relates to the construction of a purpose built dining area for the exclusive use of the business premises, it would seem unreasonable to expect the provision of additional car parking or payment for deficient parking, particularly if a rental payment is required. In this regard it is not considered unreasonable to expect Council to charge an appropriate rental, based on market value determined by the State Valuation Office. It is considered that this is the best way to deal with car parking, given that the current S94 Plan for car parking does not cover all areas of the Shire where outdoor dining areas may be proposed.

 

Council is advised that the Working Party did not, to any extent, consider the question of a ?smoke free environment? for outdoor eating areas. Whilst it may be desirable from a health perspective, it is also considered this may be a moral issue that requires a separate resolution to determine Council?s position on the matter. Notwithstanding, the smoke free provision has been retained in the draft Policy.

 

4??????? Street Vending, Crazy Day Sales:

 

The Working Party?s main focus was on A-Frame signs, commercial trading tables and outdoor eating areas, and not street vending activities and the infrequent occurrence of crazy day sales. These aspects of the draft Policy have generally remained unchanged.

 

 

OTHER RELEVANT CONSIDERATIONS:

 

Alcohol Free Zones:

 

Council is advised that notwithstanding approval for outdoor dining areas under the current Policy, the footpath remains a pubic area and does not confer the use of such land for the exclusive use of the adjoining business premises. The only way in which a business premises can claim exclusive use is to enter into a formal agreement to lease the public area, for which a market value rental payment is made to Council. This process is included in the draft Policy for any new proposed outdoor dining areas. Under these circumstances it is considered that an outdoor dining area could be excluded from an Alcohol Free Zone, and therefore permit the consumption of alcohol during the approved hours of operation.

 

Purpose Built Dining Areas:

 

Council may recall consideration of several reports by the Director of Engineering Services (DES) regarding the construction of a relocatable dining platform for the exclusive use by the Infusion Caf? in Bowra Street, Nambucca Heads. Council ultimately rejected the proposition, predominantly due to the loss of two (2) on-street car parking spaces.

 

It is considered that purpose built dining areas on public land which are used by adjoining caf?/restaurants under a lease agreement are preferred to the proliferation of outdoor dining areas provided in inappropriate locations, on congested footpaths. Purpose built dining areas can be constructed to appropriate standards with physical barriers to improve access issues for all pedestrians. Such structures can often replace the need for ad hoc consideration of applications for outdoor dining areas, and ensure that they comply with the Disability Discrimination Act.

 

Having regard to the above, it may be prudent for Council to undertake a survey and consult with the Chambers of Commerce to identify where there may be opportunities to establish purpose built dining areas in the Macksville, Nambucca Heads and Bowraville CBD.

 

 

CONCLUSION:

 

 

The draft Approvals Policy attempts to reconcile many of the issues addressed in this report. However, it is considered that certain transitional provisions are appropriate to make it more equitable for existing business that operate under the current policy requirements. The draft Policy has been amended accordingly.

 

The draft Policy as exhibited required Public Liability Insurance to be taken out by the Chambers of Commerce on behalf of community and charitable organisations. However, it is understood that insurance cover for activities by these organisations is not provided by the Chambers of Commerce. As such, it will be up to the respective community and charitable organisations to provide their own Public Liability Insurance Cover before they are allowed to continue to operate. This provision of the draft Policy has been amended accordingly. Otherwise, it is considered that the controls and details relating to street vending, crazy day sales and use of community land for trading tables and outdoor dining areas are adequately covered in the draft Approvals Policy and no other amendments relating to these activities are required.

Other amendments to the draft Approval Policy are:

 

?????????????? allow community and charitable organisations to continue to operate their trading tables in the current positions, subject to appropriate insurance cover being provided by the respective organisations.

 

?????????????? allow business premises to retain their trading tables/racks and caf? table and chairs that are approved and registered under the current Policy for the next two (2) years, after which any continuation will need to be revised and determined in accordance with the new provisions of the Policy. This concession only extends to the current owners/operators and does not apply if the business changes hands and/or the type of business changes.

 

?????????????? only allow approved signage on footpaths to remain until the current registration period expires, after which no further approvals for A-Frame signs (or similar) will be granted.

 

It should be noted that the draft Approvals Policy only relates to the use of road reserves and community land for outdoor dining areas, trading tables and other structures. Approvals for other activities such as special events on community land, and activities and events on roads, are covered by other separate approvals procedures.

 

Having regard to the above, the title of the new draft Approvals Policy has been amended to better reflect the purpose of the Policy.

 

 

CONSULTATION:

 

The Director Environment & Planning and the Manager Community and Cultural Services were consulted in the preparation of this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no identified environmental issues that may be affected by the draft Policy.

 

Social

 

There are many social issues associated with the adoption of the new draft Policy (as amended) including Council having regard to the Disability Discrimination Act and improving pedestrian footpath access.

 

Economic

 

Some business people may claim that they will be disadvantaged if they are not allowed to display A-Frame signs, limit the number of trading tables allowed, required to pay market value for outdoor dining areas, etc.

 

Risk

 

There is a risk that the draft Policy (as amended) does not fully satisfy Council?s obligation to comply with the Disability Discrimination Act.


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There may be some positive financial implications for Council if it requires payment at market value for outdoor dining areas on Council?s footpaths. However, any income would be on a user pay basis.

 

Source of fund and any variance to working funds

 

No funds or variation of working funds are required.

 

 


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 1

11472/2009 - Previous Report on Draft Approvals Policy 20 May 2009

 

Attachments:

1View

Draft Approvals Policy - Use of Road Reserves and Public 11466/2009 - Land for Outdoor Dining Areas, Trading Tables and Other Structures by Commercial Premises, and Community and Charitable Organisations

 

2View

5623/2009 - minutes of a meeting of the working group to address use of? road reserves and public land for commercial and charitable activities held 26 February 2009

 

3View

5831/2009 - Feedback on Use of Road Reserves and Public Land for Commercial and Charitable Activities

 

4View

3834/2009 - Comments on draft policy for Use of Road Reserves & Public Land for Commercial and Charitable Activities

 

5View

15076/2008 - Report on Review of Policy for Use of Road Reserves and Public Land for Commercial, Community and Charitable Activities

 

6View

3109/2006 - Representations on behalf of Macksville and District Chamber of Commerce and Industry concerning Approvals Policy - User Road Reserves and impact on street stall fundraising

 

7View

29793/2008 - Issues Paper for Outdoor Dining and A-Frames Approvals Policy

 

?

 

?


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 2

11466/2009 - Draft Approvals Policy

 

 
Nambucca Shire Council

 

 

D R A F T

 

 

 

 

APPROVALS POLICY

 

 

USE OF ROAD RESERVES AND PUBLIC LAND FOR OUTDOOR DINING AREAS, TRADING TABLES, STREET VENDING AND OTHER STRUCTURES BY COMMERCIAL PREMISES, AND COMMUNITY AND CHARITABLE ORGANISATIONS

(2009)

 

 

EXHIBITED COPY

 

 

 

 

 

 

Prepared by:

Department of Environment & Planning

?????????????????????????????????????????????????????????????? May 2009

 

Adopted by Council: ????????????????? ????????..

Effective from:???????????????????????????????????????? <> 2009


 

 


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 2

11466/2009 - Draft Approvals Policy

 

TABLE OF CONTENTS

 

 

1.0??????? INTRODUCTION.............................................................................................................................................................. 5

1.1???? Purpose of Policy........................................................................................................................................... 5

1.2???? Disability Discrimination Act.............................................................................................................. 5

1.3???? Application of Policy................................................................................................................................. 5

1.4???? Objectives of Policy..................................................................................................................................... 6

1.5???? Transitional Provisions........................................................................................................................... 6

1.6???? Definitions......................................................................................................................................................... 7

2.0??????? A-FRAME SIGNS.............................................................................................................................................................. 7

2.1???? Statutory Framework............................................................................................................................. 7

2.2???? Controls............................................................................................................................................................. 7

3.0??????? COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES................ 8

3.1???? Statutory Framework............................................................................................................................. 8

3.2???? Controls............................................................................................................................................................. 9

3.2.1?? Outdoor Dining Areas................................................................................................................................ 9

(a)?????? Location...................................................................................................................................................................... 9

(b)?????? Furniture.................................................................................................................................................................... 9

(c)?????? Management Issues................................................................................................................................................ 10

3.2.2?? Trading Tables and Other Structures......................................................................................... 10

3.3???? Approvals........................................................................................................................................................ 11

3.4???? Application Process.................................................................................................................................. 11

3.4.1??? Development Application..................................................................................................................................... 11

3.4.2??? Licence/Lease.......................................................................................................................................................... 12

4.0 ?????? STREET VENDING......................................................................................................................................................... 13

4.1???? Statutory Framework........................................................................................................................... 13

4.1.1??? Roads Act 1993....................................................................................................................................................... 13

4.1.2??? Local Government Act 1993................................................................................................................................. 13

4.2???? Controls........................................................................................................................................................... 14

4.3???? Approvals........................................................................................................................................................ 14

5.0???? COMMUNITY ORGANISATIONS AND CHARITIES.................................................................................. 15

5.1???? Controls........................................................................................................................................................... 15

5.2???? Approvals........................................................................................................................................................ 15

6.0??????? CRAZY DAY SALES...................................................................................................................................................... 16

6.1???? Statutory Framework........................................................................................................................... 16

6.2???? Controls........................................................................................................................................................... 16

6.3???? Approvals........................................................................................................................................................ 17

ACKNOWLEDGEMENTS............................................................................................................................................................. 18

 

 


 


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 2

11466/2009 - Draft Approvals Policy

 

1.0????? INTRODUCTION

 

1.1?????? Purpose of Policy

 

This Approvals Policy has been prepared to provide guidance on the use of road reserves and public land within Nambucca Shire Council.

 

The Policy covers the commercial use of public footpaths and public land for, outdoor dining areas, street vending, crazy day sales, trading tables and other structures used in conjunction with a business premises. ?Other structures? includes, but is not limited to; clothes racks; stands for other merchandise; promotional stands; street stalls; bargain bins; and, the like.

 

This Policy also applies to the use of public areas by charities and community groups for street stalls, selling of raffle tickets and the like.

 

This Policy excludes special events on Council controlled Parks and Open Space such as fairs, fetes, carnivals, Australia Day celebrations and the like. This Policy also excludes similar activities and events on roads. These types of activities on community land and roads are covered by other separate approvals procedures.

 

 

1.2?????? Disability Discrimination Act

 

The Disability Discrimination Act is a federal law which can be used to address discrimination in many areas of public life. The Act makes it illegal for anyone to treat a person with a disability unfairly. People who are relatives, friends and carers of people with a disability are also protected by the Act.

 

The Act aims to remove barriers in the physical environment and in the attitudes and practices of people and organisations that limit people with disabilities from participating in everyday life. The Act can be used to obtain fair treatment in many areas of life including gaining or using services such as those provided by government (including local government) and gaining access to public places.

 

Section 23 of the Act relates to the provision of access to premises. A person with a disability has a right to have access to places used by the public and the Act makes it illegal for public places to be inaccessible to people with a disability. These places that are used by the public include (among other things) public footpaths and walkways. Non compliance with the Act is only permitted where it can be demonstrated that compliance with the Act would result in ?unjustifiable hardship?.

 

The Act also allows service providers such as Council to prepare Disability Action Plans. The purpose of these Plans is to assist service providers in eliminating discrimination in the goods and services they provide and thereby achieving the objectives of the Act.

 

Council adopted a Disability Action Plan on 5 February 2004. One of the strategies of Council?s Plan is ?to ensure that Council has a footpath policy which considers the needs of people with disabilities?. This Policy serves to address this matter. It is important that those persons or businesses affected by this Policy are aware that the Disability Discrimination Act exists and that they also have an obligation to people with disabilities.

 

 

1.3?????? Application of Policy

 

This Policy applies to all land within the Nambucca Local Government Area where it is proposed to:

 

?? Place on the road reserve or public land trading tables or other structures associated with or ancillary to an approved business in any un-zoned or zoned land under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

?? Establish outdoor dining areas associated with an approved caf?, restaurant, or the like, on the road reserves or public land.

 

??
Operate a commercial street vending activity (other than street stalls and the like, operated by community organisations and charities) on the road reserve on adjoining land zoned 2(v) Residential (Village), 3(a) General Business, 4(a) General Industrial or 4(b) Industrial (Business) zones under the Nambucca Local Environmental Plan or equivalent zonings in any subsequent Local Environmental Plan.

 

?? Operate street stalls or the like by community organisations and charities in the Macksville, Nambucca Heads and Bowraville central business areas.

 

?? Operate a ?crazy day sale? on the road reserve adjoining land zoned 3(a) General Business zone and in the Bowraville 2(v) Village Zone, under the Nambucca Local Environmental Plan 1995 or equivalent zoning in any subsequent Local Environmental Plan; and

 

It should be noted that a reference to the road reserve includes the public footpath and public nature strip.

 

This Policy does not apply to other ?one off? activities and special events on community land and roads.

 

This Policy does not apply to street furniture, bus shelters and the like, constructed by or on behalf of Council.

 

 

1.4?????? Objectives of Policy

 

?? To regulate the use of the road reserve and public land for outdoor dining areas, street vending, trading tables and other structures.

 

?? To provide guidance for the location of outdoor dining areas, street vending, trading tables and other structures, on public land and the road reserve.

 

?? To ensure a clear and safe footpath area is maintained for pedestrians, including access for people with a disability.

 

?? To maintain streetscape amenity and minimise visual clutter.

 

 

1.5?????? Transitional Provisions

 

Prior to the adoption of this Policy by Council, Council?s Environment and Community Services Policy No 7 ? Footpath Signage, Trading and Caf? Tables and Chairs (adopted June 1996 and reviewed November 2001) applied to many of the activities covered by this Policy.

 

There are currently 38 business premises with various approvals for: A-Frame signs; tables and chairs; trading tables; and, display racks. All such approvals were granted annually under Section 68 of the Local Government Act (LG Act) 1993. However, upon renewal of each registration, business operators were advised in terms of the following:

 

?Council has resolved to review the current policy for articles and items on footpaths (signage boards, sale tables and restaurant seating). Subsequent renewals will reflect any changes in Council?s policy.?

 

Upon adoption of this Policy, any new proposals for outdoor dining areas, street vending, trading tables and other structures are required to comply with the new approvals process.

 

All approved signage on footpaths shall be allowed to remain until the current registration period expires (September 2009), after which no further approvals for A-Frame (or similar) signs will be granted.

 

Subject to payment of the annual fee, all business premises that have approval under the previous registration system shall be allowed to retain their approved structures on the footpath for a period of two (2) years from the date on which this Policy is adopted by Council. This concession only applies to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

After the two (2) year transitional period all structures shall be removed from the footpath unless development consent has been obtained from Council beforehand. The development application is required to comply with the provisions of this Policy, including a formal agreement for the exclusive use of outdoor dining areas, for which a market value rental payment is made to Council.

 

 

1.6?????? Definitions

 

Built-up Areas ? as defined by Section 139A(3) of the Roads Act 1993, meaning a public road that is lit by street lighting located at intervals of not more than 100 metres for a distance of not less than 500 metres.

 

Crazy Day Sale ? for the purpose of this Policy a crazy day sale is considered to be a sale held on one particular day for no more than four days in one calendar year where trading tables, clothing racks and the like (in addition to those which exist and are licensed under this Policy) are placed on the public footpath and usually display discounted goods. The crazy day sale may or may not be held in conjunction with a general promotion of the town or a particular time of the year (eg Christmas).

 

Public Land ? as defined in the Local Government Act 1993, meaning any land (including a public reserve) vested in or under the control of the council.

 

Refreshment Room ? as defined in the Nambucca Local Environmental Plan 1995 meaning a restaurant, caf?, tea room, eating house or the like.

 

Restaurant ? where it is used in relation to the Roads Act 1993 means a premises in which food is regularly supplied on sale to the public for consumption on the premises.

 

Street Vending Consent ? means a consent under Part 9 Division 3 of the Roads Act 1993 that is subject to a condition referred to in Section 139A of the same Act.

 

 

2.0????? A-FRAME SIGNS

 

2.1?????? Statutory Framework

 

In accordance with Section 138 of the Roads Act 1993 and Section 68 of the Local Government Act 1993, Council?s approval is required for an A-frame (or similar) sign placed within the road reserve.

 

2.2?????? Controls

 

Signs on public thoroughfares often impede pedestrian access, particularly for people with a disability or people that have impaired vision. The placement of signs on footpaths may therefore contravene the provisions of the Federal Disability Discrimination Act (1992). As such, Council has decided that no further approvals will be granted for A-Frame (or similar) signs on footpaths.

 

It should be noted that any inconsistency with Council?s Development Control Plan No 2 (Advertising Sign Code) and this Policy, this Policy prevails.

 

 


3.0??? COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES

 

3.1?????? Statutory Framework

 

The Roads Act 1993 is the legislation that enables Council to approve the use of footways for restaurant purposes. In this regard Section 125 states:

 

(1)????? A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a road that is vested in fee simple in the council) to use part of the footway for the purpose of a restarant.

 

????????? (2)????? An approval may be granted on such conditions (including conditions as to payment in the nature of rent) as the council determines.

 

The Roads Act 1993 is also the legislation that enables Council to approve the erection of structures on a public road. In this regard Section 138 states:

 

(2)????? A person must not:

 

?????????????????? (a)????? erect a structure or carry out work in, on or over a public road,

 

??????????????????????????? otherwise than with the consent of the appropriate roads authority.

 

Council is the ?appropriate roads authority? for all local roads.

 

Public roads, including footpaths, are not generally zoned under Nambucca Local Environmental Plan (NLEP) 1995. Clause 9A of NLEP 1995 states:

 

????????? (1)????? A person must not carry out development on unzoned land without the consent of the consent authority.

 

????????? (2)????? The consent authority may grant consent required by Subclause (1) only for development that may be carried out with or without the consent of the consent authority on land immediately adjoining that unzoned land that is within a zone identified on the map.

 

Outdoor dining areas, trading tables and other structures on footpaths are not exempt or complying development under Council?s Development Control Plan (DCP) No 10 ? Exempt and Complying Development (March 2008). As such, a Development Application is required to be submitted for any proposed outdoor dining area, trading table and/or other structure on a public footpath. Applicants are required to obtain approval from Council (as the owner of the land) to lodge the development application.

 

All Development Applications will be considered in accordance with Section 79C of the Environmental Planning and Assessment Act.

 

A Section 68 approval is also required under the Local Government 1993. To ensure there is no duplication in the approvals process, any development application approved for an outdoor dining area, trading table or other structure, will be regarded as approval under Section 68 of the LG Act.

 


3.2?????? Controls

 

3.2.1??? Outdoor Dining Areas

 

The following controls apply where it is proposed to establish an outdoor dining area on the road reserve (ie public footpath) or public land (community) but only where that outdoor dining area will be in association with or, ancillary to an approved food premises, refreshment room, caf?, restaurant or the like.

 

(a)????????? Location

 

?? All furniture associated with the outdoor dining area is to be contained within the approved area. It is the responsibility of the business operator to ensure that the outdoor dining area is confined to the approved area (including any physical barriers, umbrella, canopies, pot plants etc).

 

?? A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

?? Outdoor dining areas may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

?? For outdoor dining areas located on the kerb side, the area must be located a minimum of 600 mm from the roadside kerb where parallel parking exists. In areas where angle parking exists, the outdoor eating area must be located a minimum of 750mm from the roadside kerb.

 

?? The outdoor dining area shall not restrict access to public facilities such as bins and seating.

 

(b)???????? Furniture

 

?? The layout of the furniture is to be suitable for the space in which it is proposed to be placed.

 

?? It is preferable that chairs not be placed with their backs to the road.

 

?? The furniture (ie tables, chairs and umbrellas) shall be powder coated or polished aluminium; powder coated, brushed or stainless steel; natural or painted timber or canvas. In terms of public safety and contribution to streetscape, furniture constructed solely of plastic, resin and other lightweight materials will not be permitted.

 

?? Surfaces of tabletops shall be non-reflective.

 

?? Umbrellas must have mechanisms to ensure that they are at all times securely fixed to withstand wind and they must be removed or closed in extremely windy conditions.

 

?? The underside of umbrellas must be a minimum 2200 mm above the ground level and the umbrellas must be a minimum height overall of 2400 mm. Umbrellas must not protrude over the roadway.

 

?? Outdoor dining areas are to be enclosed by a suitable physical barrier or other means to ensure that people with impaired vision can reasonably negotiate any obstruction created by outdoor dining areas.

 

?? Physical barriers, planter boxes or other means used as delineators are permitted and must be kept within the approved outdoor dining area. Plastic pots are not permitted. The overall height of any planter box and plants is not to be greater than 1000mm. It is the responsibility of the business operating the outdoor dining area to ensure that the plants are maintained in a healthy and safe condition.

 

?? Outdoor advertising on the furniture or physical barrier or within the outdoor dining area is only permitted in accordance with Council?s Development Control Plans (DCP 2 - Advertising Sign Code and/or DCP 10 - Exempt and Complying Development.

 

(c)????????? Management Issues

 

?? All outdoor furniture associated with the outdoor dining area is to be stored off the pedestrian footpath/public area outside the hours of operation of the business premises.

 

?? All furniture, plantings etc are to be maintained in a physically safe and sound and aesthetically acceptable condition to Council?s satisfaction.

 

?? The business operating the outdoor dining area is to be responsible for all waste collection from the designated area. The public waste bins are not to be used for the disposal of waste from the business.

 

?? The business operating the outdoor dining area is responsible for the cleaning of the outdoor dining area. Cleaning of the outdoor dining area is not to involve the sweeping of waste into the gutter or the adjacent public footpath.

 

?? Sub-letting will not be permitted under any circumstance.

 

?? Where lighting of the outdoor dining area is required, the lighting is to be provided to Council?s satisfaction.

 

?? All outdoor dining areas shall be smoke free environments.

 

 

3.2.2??? Trading Tables and Other Structures

 

The following controls apply to the placement of trading tables and other structures such as clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins and the like on the road reserve in association with or, ancillary to an approved business in any zone under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

?? A maximum of one trading table or other structure is permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

?? A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained at all times (except River Street, Macksville where a minimum 1200mm must be maintained).

 

?? Trading table or other structure may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

?? The trading table or other structure shall be enclosed with solid sides and front, to within 10mm of the ground level to ensure that it can be detected by an individual using a long cane.

 

?? The location of the trading table or other structure must not obstruct the operation of public amenities (such as bus stops, taxi ranks, pram/wheelchair ramps, pedestrian crossings, parking spaces, etc).

 

?? The business operating the trading table or other structure is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

?? The trading table or other structure must only be placed on the public footpath during the hours of operation of the business that it relates to. The trading table and other structures must be stored off the public footpath outside the hours of operation.

 

 


3.3?????? Approvals

 

?? All items associated with outdoor dining areas, trading tables and other structures are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

?? The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of the dining area, trading table or other structure with details of the dimensions and location.

 

?? For the purposes of this Policy, any development approval for dining areas, trading tables or other structures will be regarded as approval under Section 68(3) of the Local Government Act.

 

?? The owner is responsible for ensuring that the outdoor dining area is approved and the lease agreement is current and the annual ?rental? is paid to Council in accordance with the lease agreement.

 

?? A ?registration disc? will be issued by Council once the lease agreement for the outdoor dining area has been executed. The disc must be attached to the dining table.

 

?? The owner is responsible for ensuring that the trading table and/or other structures has approval and has been licensed by Council and that this is renewed on an annual basis and the annual fee is paid prior to the lapsing of the licence.

 

?? A ?registration disc? will be issued by Council once the development approval for the trading table or other structure and the annual fee has been paid. The disc must be attached to the trading table and/or other structure.

 

?? Rental payments for outdoor dining areas shall be in accordance with the lease agreement.

 

?? For trading tables and other structures, Council?s registration year is from 1 October to 30 September. Fees paid between 1 October and 31 March will be as indicated on the application form. Fees paid between 1 April and 31 July will be 50% of those indicated on the application form (for a 6 month licence). Fees paid and approvals granted, between 1 August and 30 September will carry over to the following registration year.

 

 

3.4?????? Application Process

 

3.4.1????? Development Application

 

As previously stated a Development Application is required to be submitted for the proposed use of road reserves and public land for outdoor dining areas, street stalls, trading tables and other structures. The consent of Council will be the required as land owner.

 

Council must take into consideration those matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, which includes the relevant planning instruments, and relevant Council Development Control Plans and Policies.

 

Council has a guide sheet that will assist applicants with preparing a Development Application. Further details have been included in this Policy regarding information that is to be submitted with a Development Application. In general, this is to include the following items:

 

?? A dimensioned plan showing the location of all structures. This plan is to be drawn to scale.

 

?? Details of the method to be used to delineate the outdoor dining area, trading tables and other structures.

 

?? Details/description of the type of tables, chairs, stands, umbrellas, physical barriers, planter boxs, etc, to be used. In some cases, a photo of the type of furniture may be the best way to show this.

 


Modification of Development Consent

 

It should be noted that any proposal to enlarge, expand or intensify the outdoor dining area will require a modification to any Development Consent for approved structures.

 

This requirement applies to any existing outdoor dining areas that are allowed to remain in accordance with the transitional provisions described in section 1.5 of this Policy. In these cases, a Development Application will be required to be submitted.

 

Section 68 Approval

 

For the purposes of this Policy, any development approval for dining areas, trading tables or other structures will be regarded as approval under Section 68(3) Part E2 of the Local Government Act.

 

 

Roads Act Approval

 

For the purposes of this Policy, any development approval for dining areas on local roads (footpaths) will be regarded as approval under Section 125 (a) of the Roads Act 1993.

 

It should be noted that where the ?footway restaurant? is to be on a classified road, the concurrence of the Roads and Traffic Authority is required.

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be incorporated in the development consent approval. After the five (5) year period, a new development application will need to be lodged for Council?s determination.

 

 

3.4.2????? Licence/Lease

 

?? A licence is required to be obtained from Council for trading tables and other structures. The licence will attract an annual fee determined by Council.

 

?? A lease agreement is required for the exclusive use of the outdoor dining areas on public land. The lease agreement must specify that the proposed outdoor dining area is in accordance with the Development Consent issued by Council. All costs associated with the preparation of the lease agreement (by Council?s Solicitor) must be met by the applicant.

 

?? The licence fee for trading tables and other structures and the ?rental? for outdoor dining areas on Council owned/controlled land shall be at market value determined by the State Valuation Office (SVO) and reviewed by the SVO every five years, or as otherwise determined by Council. Fee and rental increases in between those five year periods are to be in accordance with the Consumer Price Index, or as otherwise determined by Council. All costs associated with the valuation are to be borne by the applicant.

 

?? The business owner is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council?s Insurance Broker.

 

?? All documentation regarding the licence/lease is to be kept on the business premises at all times.

 

 


4.0 ???? STREET VENDING

 

4.1?????? Statutory Framework

 

4.1.1????? Roads Act 1993

 

Under Section 138 of the Roads Act 1993, certain works and structures cannot be erected and/or undertaken without the consent of the appropriate roads authority (being either Council or the Roads and Traffic Authority). The general terms of the consent are determined by Section 139 of the Roads Act. Section 139A of the Roads Act allows the road authority to issue a consent which imposes conditions permitting the use of a structure within the road reserve and located in a built up area (see definitions section of this Policy) for the purpose of selling any article or service and requiring the payment of rent (thereby permitting street vending). Consents under the Roads Act for street vending are referred to as ?street vending consents? and these can only be issued for maximum period or 7 years (S139A(2)). Whilst Section 139A specifically applies to street vending in built up areas it does not prevent Council from consenting to street vending in the road reserve and outside a built up area.

 

In addition to these provisions, the Roads Act 1993, also contains provisions regarding the revocation of consents, extension and transfer of street vending consents and other consents under this Part, specifies matters to be taken into consideration, the maintenance of works and structures etc. Council may, in some circumstances, need to enact these provisions in relation to street vending activities.

 

The Roads Act (s139F) also specifies that when considering whether to grant consent to a street vending activity within a non built up area it must comply with the ?Guidelines for the Control and Operation of Street Vending? (1993) issued jointly by the Roads and Traffic Authority and the Department of Local Government. These Guidelines define street vending as:

 

?The setting up or use within the road reserve of any box, stall, stand, barrow or stationary vehicle, other than a ?roadside stall? or ?mobile vending vehicle? defined hereunder, for the purpose of offering for sale any goods, or for the pursuit of any business, calling or employment?.

 

The Guidelines state that examples of street vending include:

 

?? Sale of fruits and vegetables from barrows on a footpath.

?? Sale of newspapers from a stand on a footpath.

?? Sale of food and drinks from a stall or a stationary vehicle near a tourist area, sporting complex or the like.

?? Sale of goods from a box, stall or stand located on a footpath.

?? Sale of any goods from a stall, stand or stationary vehicle located in a kerbside lane or on the side of a road.

 

Whilst the Roads Act (s139F) states that the Guidelines apply to street vending within a non built up area, Council will apply these Guidelines (where relevant) when assessing an application for street vending within a built up area.

 

The Roads Act also requires that structures associated with the street vending must be maintained and if the structure affects the surface of the road (including the footpath) then the road surface must be maintained so as to allow a smooth passage of traffic.

 

 

4.1.2????? Local Government Act 1993

 

A Section 68 approval under the Local Government is required for street vending within the road reserve. An approval under the Local Government Act can be granted for a maximum of 5 years (s103) but this can be extended after the 5 years (s107).

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be obtained at the same time.

 

4.2?????? Controls

 

The following controls apply to the operation of commercial street vending activities on the road reserve in the Nambucca Shire.

 

?? Street vending activities are to be assessed on a merits basis and may consider other controls listed in this Policy where they provide a suitable guideline;

 

?? In addition to the merits based assessment, Council will consider the relevant aspects of ?Guidelines for the Control and Operation of Street Vending? (1993).

 

?? A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

?? The operator is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

 

4.3?????? Approvals

 

?? All items associated with street vending activity are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

?? The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of all items associated with the proposed street vending activity including the ?vehicle? to be used, with details of the dimensions and location.

 

?? In addition to the above approvals, all street vending activities are required to be licensed. The licensing of the activity will occur in conjunction with the approval of the street vending activity under the Local Government Act and the Roads Act (ie on an annual basis).

 

?? For the purposes of this Policy, any development approval for a street vending activity will be regarded as approval under Section 68(3) of the Local Government Act and Section 139 and 139A of the Roads Act.

 

?? The fee for the approval and licensing of the street vending activity is to be set out in Council?s Revenue Policy.

 

?? The owner is responsible for ensuring that the street vending activity has approval and has been licenced by Council and that this is renewed on an annual basis. These street vending activities are regularly inspected by Council staff to ensure compliance.

 

?? A ?registration disc? will be issued by Council once development approval and the Local Government Act and Roads Act approvals and the licence is issued for the street vending activities. Council?s registration disc must be attached to the street vending ?vehicle?.

 

The owner of the street vending operation is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council?s Insurance Broker.

 

 


5.0?????? COMMUNITY ORGANISATIONS AND CHARITIES

 

5.1?????? Controls

 

Street stalls conducted by community organisations and charities are allowed to continue to operate in their current locations during the same time periods for the next two (2) years, after which approval will be required in accordance with this Policy. However, evidence of the Public Liability Insurance Cover will need to be provided to Council.

 

The following controls apply to the placement of a street stall and the like on the road reserve by a community or charitable organisation in the Macksville, Nambucca Heads and Bowraville central business areas.

 

?? A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained). The street stall and the like may operate from the shopfront side of the footpath providing it can be demonstrated that pedestrian access is not unreasonably impeded.

 

?? The street stall or the like is to be located in accordance with the areas approved by Council in accordance with Section 68 of the Local Government Act and Section 139 and 139A of the Roads Act.

 

?? The operator of the street stall or the like is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

?? The street stall or the like shall be ?manned? at all times and may only be operated during hours that are generally consistent with the standard business hours within that town centre.

 

?? The street stalls and the like shall be removed from the footpath or public place when not in use.

 

 

5.2?????? Approvals

 

?? The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to identify the preferred site for street stalls and submit the details for Council approval.

 

?? The Chamber of Commerce and Industry for each town will take bookings and maintain a calendar for street stalls operated by community organisations and charities.??

 

?? Approval shall be granted by Council in accordance with Section 103(1) of the Local Government Act and Section 139D(1) of the Roads Act for a maximum five year period (or lesser period if Council determines) and this approval may be renewed after this time, in accordance with Section 107 of the Local Government Act and Section 139D(2) of the Roads Act.

 

?? In accordance with Section 78 of the Local Government Act, land owner?s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

The community/charitable organisation operating the street stall or other similar activity is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council?s Insurance Broker.

 

 


6.0????? CRAZY DAY SALES

 

6.1?????? Statutory Framework

 

A Section 68 approval under the Local Government Act is required to operate a crazy day sale where it is proposed to place trading tables or other structures within the road reserve in accordance with the guidelines outlined in this Policy.

 

Any other activity (eg street vending) that is proposed as part of the crazy day sale and is covered by this Policy, must also obtain approval as required by this Policy.

 

 

6.2?????? Controls

 

The following controls apply to crazy day sales where it is proposed to place trading tables, clothing racks or the like within the road reserve ancillary to an approved business in the 3(a) General Business zone under the Nambucca Local Environmental Plan 1995 or equivalent zonings in any subsequent Local Environmental Plan.

 

?? A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

?? In areas where there is parallel parking, the trading table must be located 600mm from the kerb. In areas where there is angle parking, the trading table must be located 750mm from the kerb. No signs are permitted along the front property boundary of the approved business.

 

?? A maximum of two trading tables or the like are permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

?? The trading table is to be located in front of the business that the trading table relates to.

 

?? The business operating the trading table is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

?? The table must only be placed on the public footpath during the hours of operation of the business that it relates to and only on the day of the crazy day sale. The table must be stored off the public footpath outside the hours of operation.

 

?? If street vending is proposed, then approvals are to be obtained as required by this Policy as part of the approval for the crazy day sale.

 

 


6.3?????? Approvals

 

?? The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to apply for the necessary approvals for the particular crazy day sale. Where the Chamber of Commerce and Industry have selected the dates for the crazy day sales for any one calendar year, they may apply for approval for those particular days in the one application.

 

?? Approval granted to the particular Chamber of Commerce shall be in accordance with Section 103(1) of the Local Government Act for that particular day or those particular days within the calendar year.

 

?? In accordance with Section 78 of the Local Government Act, land owner?s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

?? The Chamber of Commerce and Industry are responsible for ensuring that the sales are operated in accordance with the conditions set out in the approval.

 

?? The Chamber of Commerce and Industry is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council?s Insurance Broker.

 

 


ACKNOWLEDGEMENTS

 

 

The following documents were used in the preparation of this Policy:

 

??????????? Environmental Planning and Assessment Act, 1979

 

??????????? Guidelines for the Control and Operation of Street Vending 1993 ? Roads and Traffic Authority and Department of Local Government

 

??????????? Leasing of Roads, Footpaths, Public Areas for Restaurants and Cafes (1987) ? Hastings Council

 

??????????? Local Government Act 1993

 

??????????? Nambucca Local Environmental Plan 1995

 

??????????? Outdoor Dining and Footway Licensing Policy Guidelines (2002) ? Coffs Harbour City Council

 

??????????? Policy No 7 ? Footpath Signage, Trading and Caf? Tables and Chairs (1996 and reviewed in 2001) ? Nambucca Shire Council

 

??????????? Roads Act 1993

 

??????????? Street Vending Control and Outdoor Eating Areas (2000) ? Armidale Dumaresq Council

 

?


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 3

19162/2009 - Submission on Policy - Macksville Chamber of Commerce

 

?


General Purpose Committee - 16 September 2009

Further Report on Draft Approvals Policy - Use of Road Reserves & Public Land for Commercial, Community & Charitable Activities

Attachment 4

19101/2009 - Submission on Policy - Marnies Takeaway

 



?


General Purpose Committee

16 September 2009

Director Environment & Planning's Report

ITEM 9.3????? SF135????????????? 160909???????? Report on Draft State of the Environment Report

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer; Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council is required to prepare a State of the Environment Report each year with a comprehensive report within 12 months of each election. As such the 2008/09 SoE Report will be a comprehensive report.

 

 

Recommendation:

 

1????????? That the draft 2008/2009 State of the Environment Report be placed on public exhibition for a period of twenty eight (28) days.

 

2????????? That at the conclusion of the exhibition period, a further report in response to any submissions received be prepared and presented to Council prior to the adoption of the Draft State of the Environment Report.

 

 

OPTIONS:

 

1??????? Draft 2008/2009 State of the Environment Report be placed on exhibition for public comment as recommended.

 

2??????? Draft 2008/2009 State of the Environment Report be amended prior to placing it on public exhibition.

 

 

DISCUSSION:

 

In accordance with the Local Government Act 1993 and Local Government (General) Regulation 1993, legislation requires Councils to prepare an annual SoE Report for the previous reporting year. Comprehensive SoE Reports are due in the financial year ending after each election of the Councilors, while supplementary reports are prepared in intervening years. Therefore this years report will be a comprehensive report.

 

Notwithstanding, the comprehensive report for the 2008/2009 year will include community/stakeholder input and be placed on public exhibition in accordance with Council?s resolution in November 2007.

 

Preparation of the Nambucca Shire Council State of the Environment Comprehensive Report for the financial year 2008/2009 involved the same format as the 2007/2008 SoE, although there were some changes that included section numbering, photographs streamlined over the document for ease of reading and this years document is double the size of last years. The document still includes easy to read statistical data that is updated annually and documenting recent environmental improvement projects.

 

The report summarises the physical and social attributes of the Nambucca Shire environment while identifying the human impacts on our local environment in a financial year. It also provides information on activities conducted by council and the community to protect and restore the Nambucca Shire environment, and is essentially a mechanism for reporting on progress towards environmental sustainability. Comparing SoE reports from year to year enables Council to see improvements and identify areas that need attention in all sectors of the local environment. This then assists Council to further protect the health and diversity of the environment for the benefit of current and future generations.

 

In consultation with community, regional, state and national agencies, 70 (22 regional & 48 Shire wide) environmental indicators were developed to best represent and measure Councils progress in these key areas year to year. This year 5 more environmental indicators were added, taking the total to 70, to monitor Council?s movement toward achieving sustainability goals. An environmental indicator is an aspect of the natural or built environment that can be monitored to provide information on environmental conditions eg volume of water consumed, number of pollution incidents reported.

 

Details of on-ground environmental activities, such as improvements to waste management and processes to improve air quality are documented in the report. Details of progress relating to the Nambucca River Management Plan and other such projects are also documented.

 

 

CONSULTATION:

 

Director Environment and Planning

Manager Health and Building

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This is a report on the state of the Nambucca Shire?s environment.

 

Social

 

The report is designed for the community to read and understand what the state of the environment is like in their shire with clear remediation actions.

 

Economic

 

There is no economic assessment.

 

Risk

 

No risk identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$5,000 was provided in Council?s budget to offset costs associated acquisition of data and printing.

 

Source of fund and any variance to working funds

 

General fund job number 1352-000.

 

Attachments:

1View

22807/2009 - Annual Reporting for SOE Circular

 

2View

CIRCULARISED DOCUMENT - COUNCILLORS ONLY - Draft 2008/2009 State of the Environment Report

 

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General Purpose Committee - 16 September 2009

Report on Draft State of the Environment Report

Attachment 1

H:\200909\ANNUAL REPORTING FOR SOE CIRCULAR_1.TIF - Annual Reporting for SOE Circular

 




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General Purpose Committee - 16 September 2009

Report on Draft State of the Environment Report

Attachment 2

CIRCULARISED DOCUMENT - COUNCILLORS ONLY - Draft 2008/2009 State of the Environment Report

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Report on Draft State of the Environment Report

 

 

 

CIRCULARISED DOCUMENT - COUNCILLORS ONLY - Draft 2008/2009 State of the Environment Report

 

??Pages

 

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General Purpose Committee

16 September 2009

Director of Engineering Services Report

ITEM 10.1??? SF922????????????? 160909???????? Memorial in Honour of Caleb Jarrett - Nambucca Heads

 

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

 

Summary:

 

A design has been submitted for a Caleb Jarrett Memorial near the Mann Street Roundabout, Nambucca Heads.? The design was prepared in consultation with the family and the work could be undertaken by the LADS Program.

 

Council?s policy only permits a bench seat with a plaque and any other proposal has to have Council approval.

 

 

Recommendation:

 

That Council give consent to the Memorial in honour of Caleb Jarrett at the Mann Street Roundabout, Nambucca Heads based on the submitted design with all cost to be met by the applicant.

 

 

OPTIONS:

 

1????????? Agree to the proposed Memorial

2????????? Require compliance with Council Policy

 

 

DISCUSSION:

 

A proposal has been put forward to create a Memorial to honour Caleb Jarrett.

 

The site is on the median to the southern side of the Mann Street Roundabout, Nambucca Heads.? It is approximately 5 metres x 5 metres.

 

The design (copy attached) includes paving, seating, rocks and tree planting.? A memorial plaque would be erected on one of the rocks.

 

The matter is before Council as it does not meet the requirements of the current Policy.? The only permitted memorial is to consist of a public seat with an appropriate plaque attached.? This proposal is much larger in scale and requires Council approval.

 

A site visit is proposed.

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The tree planting will improve the general amenity of the site.

 

Social

 

The construction of the memorial is an important issue for the family.

 

Economic

 

No change.

 

Risk

 

There are always differences of opinions on memorials on community land hence the adoption of a Policy.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council is asked to provide the trees to be planted. ?Say $600.00 for advanced species.? Future maintenance will involve Council resources.

 

Source of fund and any variance to working funds

 

The tree planting budget is already committed.? This could be increased or the trees provided as a donation.

 

Attachments:

1View

4972/2009 - POLICY - Memorials on Council Controlled Land

 

2View

22796/2009 - NVUSC letter

 

3View

22802/2009 - Site Map

 

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General Purpose Committee - 16 September 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 1

4972/2009 - POLICY - Memorials on Council Controlled Land

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

MEMORIALS ON COUNCIL CONTROLLED LAND POLICY

 

 

 

Function:? ENVIRONMENT AND PLANNING

 

 

Adopted: 2 November 2000??????

Last reviewed: 17 February 2005?

 

 

 

1.0???? Policy objective

 

This policy is designed to achieve the following objectives

 

?????????? Provide the opportunity to place memorials on Council controlled land.

?????????? Placement of the memorials for integration with public use.

 

 

2.0???? Related legislation

 

 

3.0?????? Definitions

 

 

4.0???? Policy statement

 

Council adopts, as policy, the following criteria for the erection of commemorative information on Council controlled lands.

 

MEMORIALS

 

?????????? The memorial is to consist of a public seat with an appropriate plaque attached. The cost of the seat and plaque is to be borne by the applicant.

?????????? Council, at its cost will provide for the installation and routine on-going maintenance of the seat.

?????????? Location of the memorial is to be decided by the Director of Operations and Technical Services and the Director of Environment & Community Services in conjunction with the applicant. If an agreement cannot be agreed with the applicant, then the memorial will be the subject of a report to Council for decision.

 

HISTORICAL COMMEMORATIONS

 

?????????? That the memorial consist of an information sign in the recognised colours of brown and white for Tourist Information signs.

?????????? The cost of the sign, installation and maintenance is to be borne by the applicant.

 

5??????? History

 

Council has been considering the erection of memorials and plaques on an individual application basis. Memorial rocks, seats and plaques currently exist at Swimming Creek, the Break-wall and Wellington Drive. Service Clubs also have plaques in a number of Council reserves.

 

Placement of alternative identifications be with Council approval.

 


SERVICE CLUBS

 

The type of memorial may consist of a seat or information sign.

 

The service Clubs are responsible for the memorial erected within the reserves they ?manage?.

 

6??????? Exemption

 

This policy does not apply to the erection of memorial and plaques in Council?s cemeteries.

 

7??????? Policy Review

 

This Policy is to be reviewed annually. Council may amend the Policy as may be required.

 

8??????? Delegated Authority

 

Delegated Authority is given to the General Manager for approval of commemorative structures in accordance with this Policy.

 

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General Purpose Committee - 16 September 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 2

22796/2009 - NVUSC letter

 


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General Purpose Committee - 16 September 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 3

22802/2009 - Site Map

 

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General Purpose Committee

16 September 2009

Director of Engineering Services Report

ITEM 10.2??? PRF15????????????? 160909???????? Coronation Park - Skateboard Park

 

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

 

Summary:

 

The residents of Meadow Crescent have requested the opportunity to meet and speak with Council now that the skateboard facility has been completed.

 

 

Recommendation:

 

That Council note the meeting with Meadow Crescent residents relating to the skateboard facility.

 

 

OPTIONS:

 

No other options.

 

DISCUSSION:

 

A number of residents of Meadow Crescent had objections to the establishment of the skateboard facility on Coronation Park at the selected location and have required that a meeting with Council be held now that he project is completed.

 

CONSULTATION:

 

Nil.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No change.

 

Social

 

The opportunity has been provided to allow resident feedback.

 

Economic

 

No change.

 

Risk

 

No new risks identified.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Project fully funded within 2008/09 budgets.

 

Source of fund and any variance to working funds

Revenue and Section 94.

 

Attachments:

There are no attachments for this report.


General Purpose Committee

16 September 2009

Director of Engineering Services Report

ITEM 10.3??? SF444????????????? 160909???????? Road Hierarchy Plan and Grading Schedule

 

AUTHOR/ENQUIRIES:???? Noel Chapman, Manager Civil Works ????????

 

Summary:

 

At Council?s meeting on the 16 April 2009 it was resolved that the revised Road Hierarchy Plan, incorporating a Grading Program be deferred to the next General Purpose Committee meeting with Councillors to provide any comments to the Acting Director Engineering Services with seven (7) days.

 

Council adopted an Interim Road Hierarchy on 17 April 2003.? Council has also requested the development of a Grading Programme of Works.

 

In view of the fact that the hierarchy plan incorporates levels of service for road maintenance activities and the plan is due for review a basic grading cycle has been incorporated within the revised plan.

 

 

Recommendation:

 

That the revised Road Hierarchy Plan, incorporating a Grading Program be adopted.

 

 

 

OPTIONS:

 

1??????? Adopt the Plan as presented

2??????? Modify the Plan

 

 

DISCUSSION:

 

At Council?s meeting on the 16 April 2009 it was resolved that the revised Road Hierarchy Plan, incorporating a Grading Program be deferred to the next General Purpose Committee meeting with Councillors to provide any comments to the Acting Director Engineering Services with seven (7) days.

 

Comments were received from Cr Flack and these have been incorporated when considered applicable.

 

1??????? The Road Hierarchy Plan sets out design and maintenance levels of service for Council?s Road network.? The Plan also identifies the class of each section of road, associated inspection standards, funding requirements and a grading cycle.

 

2??????? As stated in the Plan the actual grading works undertaken may vary significantly depending on weather conditions and extra ordinary road usage by log trucks etc.

 

3??????? The Senior Overseer is concerned that he will be in constant breach of the Plan when he responds to the varying climatic conditions.

 

 

CONSULTATION:

 

Director Engineering Services

Senior Overseer

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

No change as a result of this report.

 

Social

 

Varying levels of service will impact on road users with an increase or decrease in social wellbeing.

 

Economic

 

Lower levels of service can result in higher vehicle operating cost and affect primary production profits.

 

Risk

 

Lower levels of service can lead to a greater risk of motor vehicle accidents and also a deterioration of a major infrastructure asset.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Implementation of the plan will affect the funding requirements of future budgets.

 

Source of fund and any variance to working funds

 

Funding will be required for both Capital and Maintenance works.? There is no direct funding requirement as a result of the report however adoption will indicate a future requirement.

 

Attachments:

1View

Circularised Document - Road Hierarchy Plan September 2009 TRIM 22383/2009

 

?

?


General Purpose Committee - 16 September 2009

Road Hierarchy Plan and Grading Schedule

Attachment 1

Circularised Document - Road Hierarchy Plan September 2009 TRIM 22383/2009

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Road Hierarchy Plan and Grading Schedule

 

 

 

Circularised Document - Road Hierarchy Plan September 2009 TRIM 22383/2009

 

??Pages

 

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