NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 14 October 2009

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        Director Environment and Planning Report

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

8.2     Report on Control of Burning Policy

4        Director Engineering Services Report

9.1     Scotts Head Master Plan - Presentation by Department of Lands and Integrated Site Design (ISD)

9.2     Coronation Park - Construction of Amenities

9.3     Bitumen Sealing in Front of Homes

9.4     Climate Change - Achievement of Milestone 1    

 

 

 

Time

Description

Where

OS/CC

Officer

Tentative/

Confirmed

 

8.30-8.45

Introduction of New Staff

Kyle Bates (Area Health & Building Surveyor)

Colleen Henry (Community Safety Project Officer)

Karen Ferris (Records Assistant)

Cathie Ferguson (Trainee Accountant)

 

CC

 

GM

 

Confirmed

8.45-9.45

Rates Workshop

CC

MFS

Confirmed

9.45-10.00

Morning Tea (+3 guests)

COM

DES

 

10.00-11.00

Scotts Head Master Plan - Presentation by Dept of Lands & ISD

CC

DES

Confirmed

11.30-12.00

Inspect Coronation Park Amenities

OS

DES

Confirmed

12.30-1.15

Lunch

COM

 

 

1.15-1.30

Bitumen Sealing In Front of Houses

CC

DES

 

1.30-2.00

Cities For Climate Change Protection Program

CC

MCW

 

2.00-2.15

Burning Policy

CC

EO

 

2.45-3.15

DA 2009/086 - 2 lot rural subdivision 883 Lower Buccrabendinni Rd

OS

DEP

Snr Planner

 

3.45

Close

 

 

 

 

 

 

 


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

14 October 2009

Director Environment & Planning's Report

ITEM 8.1      DA2009/086      141009         Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville

 

AUTHOR/ENQUIRIES:     Ben Oliver, Senior Town Planner         

 

Summary:

 

Applicant:                     Mr Okko Boer

 

Proposal:                      Two (2) lot rural subdivision

 

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

 

Zoning:                          Rural 1(a1)

 

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

 

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

 

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

 

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

 

For these combined reasons the application is recommended for refusal.

 

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

 

 

Recommendation:

 

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

 

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

 

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

 

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

 

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

 

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

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Background

 

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

 

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

 

Development Proposal

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

CONSULTATION:

 

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

 

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

 

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

 

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

 


DISCUSSION:

 

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

 

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

 

(a)        the provisions of

 

(i)         any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

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

 

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

 

         b       to control development that could:

 

         i        have an adverse impact on rural character; or

 

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

 

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

 

(ii)        any draft environmental planning instrument

 

None specifically applicable to the development.

 

(iii)       any development control plan (DCP)

 

DCP (4) – Subdivision

 

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

 

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

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

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

 

(iiia)     any planning agreement

 

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

 


(iv)       any matters prescribed by the regulations

 

None specifically applicable to the development.

 

b          the likely impacts of the development

 

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

 

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

 

c          the suitability of the site for the development

 

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

 

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

 

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

 

e          the public interest

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 


Risk

 

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

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Not applicable

 

 

DRAFT CONDITIONS

 

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

 

 

GENERAL CONDITIONS

 

1        Development is to be in accordance with approved plans

 

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

 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects & plan of proposed Subdivision

DWG No: 290022.pro

Alan Bardsley

18/12/2008

 

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

 

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

 

 

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

 

 

2        Long Service Levy to be paid

 

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

 


3        Engineering Construction Plans

 

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

 

Required work

Specification of work

Road works

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

 

Services

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

 

Driveways

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

 

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

 

4        Consent required for works within the road reserve

 

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

 

5        Toilet facilities

 

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

 

6        Site construction sign required

 

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

 

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

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

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

 

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

 


7        Written Notification

 

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

 

8        Erosion & sediment measures

 

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

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

9        Construction times

 

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

 

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

b.   Saturday, from 8.00 am to 1.00 pm.

 

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

 

10      Responsibilities under the National Parks and Wildlife Act 1974

 

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

 

 

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

 

11      Plan of Subdivision

 

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

 

12      Plan of Subdivision and Section 88B Instrument requirements

 

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

 

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

Details of Item

Dwelling Envelope

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

Easement for Electricity

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

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

NSW Rural Fire Service

 

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

 

Road Dedication

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

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

Lot

 172 to the indicative dwelling envel

ope unless a detailed site assessment is undertaken prior to development approval. In this regard, the indicative dwelling envelope is to be shown on the final plan of subdivision.

 

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

 

 

 

13      NSW Rural Fire Service requirements

 

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

 

14      Electricity Supply Certificate

 

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

 

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

 

15      Telephone Supply Certificate

 

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

 


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

 

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

 

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

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Public reserves and community facilities

Lot

1

$1,724.45

$1,724.45

30 June 2010

Surf Lifesaving

Lot

1

$96.00

$96.00

30 June 2010

Rural Roads

Lot

1

$4,821.00

$4,821.00

30 June 2010

Project Administration

6%

 

 

$405.00

30 June 2010

TOTAL

 

 

 

$7,164.00

 

 

 

17      Completion of All Works

 

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

 

18      Maintenance Bond

 

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


Attachments:

There are no attachments for this report.


General Purpose Committee

14 October 2009

Director Environment & Planning's Report

ITEM 8.2      SF1031            141009         Report on Control of Burning Policy

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

There has been an increasing number of enquiries relating to burning by residents of the Nambucca Shire.  The majority have been relating to smoke production, odour and human health effects.

 

The Protection of the Environment Operations (Clean Air) Regulation 2002 applies to the entire Nambucca Shire Council Local Government Area.

 

Changes to the Protection of the Environment Operations (Control Of Burning) Regulation 2000 legislation in 2006 have resulted in Guidelines for burning in the Nambucca Shire which are attached becoming out of date.  It is noted that the Protection of the Environment (Clean Air) Regulation 2002 is being revised and a new regulation is due for release in 2010 which will prompt the need for a further update of the Policy to keep abreast with legislation changes.

 

 

Recommendation:

 

That the Control of Burning Policy be adopted until revised legislation is released by the Department of Environment, Climate Change and Water in 2010.

 

 

OPTIONS:

 

1          Adopt the Control of Burning Policy under the Protection of the Environment (Clean Air) Regulation 2002.

 

2          Adopt the Control of Burning Policy under the Protection of the Environment (Clean Air) Regulation 2002 as an interim policy until 2010 when the new legislation is released.

 

3          Not Adopt the Control of Burning Policy and wait until the revised legislation is released

 

4          Not Adopt the Control of Burning Policy

 

 

DISCUSSION:

 

The Protection of the Environment (Clean Air) Regulation 2002 is designed to prevent air pollution from air borne particulates and chemicals and eliminate localised nuisance caused by smoke and odour generated by inefficient backyard burning off.

 

There have been an increasing number of enquiries relating to burning by residents of the Nambucca Shire. The majority have been relating to smoke production, odour and human health effects.

 

Fire can be a useful tool for reducing bush fire hazards, removing rubbish and carrying out agricultural activities. Inappropriate use however, can endanger lives, property and the environment. Each year fires have damaging impacts on people’s lives, property and the environment.

 

This Policy sets out ways individuals can help avoid damaging impacts by following some basic procedures and knowing how to obtain the correct approvals, prior to burning. The purpose of this Policy is to clearly define the responsibilities of organisations regarding the issuing of fire permits and approvals in all areas of the Shire.

 

General, local and specific obligations are set out clearly in the Policy, including the exceptions and exemptions. Health issues are discussed and penalties noted.

 

The Policy summarises the types of approvals required in Nambucca Shire Council area for different burning activities and where to obtain that permit. The process for burning in the shire is set out clearly for both the current Protection of the Environment (Clean Air) Regulation 2002, and for the revised 2010 legislation where the Council, in a previous Council meeting, voted to have the Shire listed in both Part 2 and 3 of the new legislation.

 

 

CONSULTATION:

 

Manager, Health and Building

Director, Environment and Planning

Councillors

 

There was one submission with comments for the Draft Control of Burning Policy, this has been assessed and a response provided in the following table.

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

p0?

First page - this should be page 1

Fixed

p0 1.0

Does not read well mid sentence. Do we even have an air quality plan? If we do then suggest:

 

 To clearly set out the obligations of landowners and residents in respect to burning off in the Nambucca Shire Local Government Area and to compliment Council’s ongoing commitment to a comprehensive and long-term plan for air quality management across the Shire.

 

If not then a similar statement without reference to a plan would be more appropriate suggest:

 

To clearly set out the obligations of landowners and residents in respect to burning off in the Nambucca Shire Local Government Area and to compliment Council’s ongoing commitment to air quality management across the Shire.

No air quality plan but we do have a cities for climate change plan

P1 4.0 last sentence

Suggest:

 

The majority of enquiries have related to concerns regarding smoke production, odour and human health effects.

Yes and changed

P1 5.1

1st para

Question the need for the first statement as this policy applies to all residents and it suggests we think it is ok to use fire for hazard reduction etc. Could be a liability issue. Also the reference to fire being a useful tool to remove rubbish?? Assume this means weeds however it is unclear and could be interpreted as domestic waste. Suggest simply: Inappropriately lit or managed fires can endanger and damage lives, property and the environment.

Yes and changed

P1 5.1

2nd para

2nd sentence of this para should come first ie The purpose of this Policy is to clearly define the responsibilities of organisations regarding the issuing of fire permits and approvals throughout the Shire.

 

 

Moved some of the paragraphs around to make it read better

P1 5.1

2nd para continued

Then followed by:

This Policy sets out the process and considerations for obtaining the correct approvals, prior to burning.

 

Have removed reference to ways individuals can avoid damaging impacts by following basic procedures because it implies information relating to burning procedures, which this policy does not contain.

 

P1 5.2

This section should start with a reference to the need for any persons planning to undertake burning being aware of their obligations under Part 6C General obligation to prevent or minimise air pollution of the Regulation. The requirements of this section of the Reg have been used as basis for the second point in 5.2 but I think it should be up front in this section. Also our draft omits one point from the reg ie iii) the length of time that the material being burnt is likely to burn. This should be included.

 

Suggest prohibited items becomes the 2nd point in 5.2 and are listed in dot point form for easy reference as they are in the Reg ie

 

Prohibition of burning certain items including:

·      Tyres

·      coated wire

·      solvent containers & residues

·      paint containers & residues

·      treated timber – copper chromium arsenate (CCA) & pentachlorophenol (PCP); except where exempted in accordance with Clause 6D of the Regulations.

I believe we should add plastics and synthetic products

No change as this is a summary of the provisions of the act

P1 5.3

Perhaps would read better as:

 

Nambucca Shire Council is committed to sound management and control of backyard burning especially in closely settled areas.

Yes changed

P1 5.3

I believe Council should discuss whether it still supports this part of the policy given the environmental impacts and ability to recycle via transfer station. To continue without considering review of this aspect especially given our regional waste agreement is in conflict with the statement in 5.3. We should discuss possible options eg whether we should require a permit to burn domestic waste in non serviced areas which would then enable a higher degree of awareness regarding materials which should not be burnt etc.

No change as it is in the act that they can burn where there is no domestic pick up


 

P1 5.3.2

This section is the nuts and bolts of the doc and needs to be more clearly laid out.

First para – did we/can we ‘adopt’ part of a Reg? The way this is written really gives the reader no idea what the implications of us adopting Schedule 8 Part 2 of the Regulation that deals with burning of vegetation.

Yes changed but reworded to make it flow clearer

 

Suggest:

 

Nambucca Shire is listed under Schedule 8 Part 2 of the Regulation as an area in which burning of vegetation is prohibited except with approval.

 

Second para is long winded. We will have to review the wording re zonings once the new LEP is adopted. Also the sentence ‘Burning of vegetation (subject to the general obligations) is permitted other than within the urban and rural residential areas.’ Suggests it is ok in commercial and industrial areas? I am not sure that that is the intention. See below for suggested sentence to clarify this.

 

Suggest:

 

Controls on burning vegetation apply within towns and villages and urban and rural residential zonings. Council has delegated to the Rural Fire Service (RFS) authority to issue approvals to burn domestic waste and vegetation, where a domestic garbage service is NOT provided. Burning of vegetation (subject to the general obligations listed in 5.2) is permitted in rural zones only and excluding rural residential areas. Any persons wishing to burn vegetation in an area identified in bold yellow on the maps, that form part of this policy, must submit a written application to Council. This policy constitutes an approval to burn under Clause 6G(2)(a) of the Regulation.

 

The note is also hard to understand – what does ‘class of persons’ mean? Why a double negative with ‘Council is not precluded’ rather than saying ‘Council will consider individual cases…. etc? Also am assuming the controlled area is the bold yellow on maps? This should be clarified. Am not going to try to suggest wording as am unsure as to meaning of note.

 

NOTE:         Council is not precluded from considering individual cases involving a class of persons for burning of dry vegetation on their merits within the controlled area. Council officers are required under the Regulation to assess each application presented against a number of heads of consideration and issue a written approval if satisfied with it. Council must keep a copy of each approval and maintain a public register (see Section 5.8 of this Policy).

 


 

P2 5.4

It would be useful to reference the part of the Act mentioned here. Also the last statement re Inquires may be made to Council regarding any aspect of this Policy.’

Does that refer to the whole policy or just 5.4? Needs clarification

Fixed as section 5.4

P3 (b)

The last sentence regarding notification requires deserves higher profile. Should be a stand alone clause or in bold type.

Yes changed

P3 5.5

Are we able to issue penalties for beaches of our policy also or does a breach of our policy automatically constitute a breach of the Act?

No, only under the act

P3 5.6 3rd para

If a permit is suspended or cancelled on days of ‘High Fire Danger’ to ‘Extreme Fire Danger’ or when DECC declares a ‘No Burn Day’ we should set out in this clause the process ie is the permit holder contacted re the change of status of their permit or they responsible for confirming that their permit is still valid ie that it is not a day of high to extreme fire danger’ or DECC declared a ‘No Burn Day’?

 

The permit gives a window of time and not just one day, this will cover these aspects

P3 5.7 3rd para

This para needs to be clearer. Suggest:

 

A Bushfire Hazard Reduction Certificate (BHR Certificate) is required if the reduction work:

·       is to be undertaken in native vegetation

·       will threaten endangered species

·       will result in soil erosion or

·       will result in air or water pollution

 

A Bushfire Hazard Reduction Certificate (BHR Certificate) is the environmental approval for hazard reduction work only. work only.

 

Yes changed

P4 5.8

Table - First row last column should read Nambucca Rural Fire Control Centre

No there is also the Macksville centre

P5 5.9

This section is a bit messy. I thought we were required to advertise all applications? ‘….deemed plausible’ is too vague. If not then Council should determine its position re this. If it is not a standard requirement then this policy should spell out the criteria used to determine whether an application will be advertised or not. Why does Council cover the cost of the advertising? Perhaps it should be at least a shared cost.

 

Suggest clearer lay out in meantime for 5.9 including grammar and typo corrections:

 

Submission of an application to burn off is to be directed to Council after careful consideration of the table in Section 5.8 of this Policy.

If the application does not fit the criteria it will be rejected and there is no need to advertise. Those that fit the criteria are advertised.


 

P5 5.9 continued

Please note the following:

 

1      There are fees involved for both the application and the inspection by Council officers. These are set out in Council’s Fees and Charges which can be viewed at Council’s administration centre or online at www.nambucca.nsw.gov.au

2      In Residential Areas including Rural Residential Areas and areas shaded yellow on the maps in Section 4 of this Policy, an approval from Council is required all year prior to burning. In addition, a permit from the Rural Fire Service (RFS) or NSW Fire Brigade (NSWFB) is required during the Bushfire Danger Period prior to burning. The RFS and NSWFB will not issue a permit until Council has granted an approval.

3      In Non-residential Areas and areas outside those shaded yellow on the maps in Section 4 of this Policy, an approval from Council is not required prior to burning. However a permit from the RFS/NSWFB is required during the Bushfire Danger Period prior to burning.

 

Council is required to consider a number of issues under the Regulation when assessing an application to burn, including:

 

1      Why the vegetation cannot be disposed of in an alternative manner eg. Chipped/mulched, composted, placed in Green Bin, taken to the tip or taken away by a contractor.

2      Proximity of neighbour’s house.

3      Other amenities in the immediate area eg schools, playgrounds, nursing homes and commercial district, hospital.

 

A ‘Burning in Nambucca Shire’ application form must be completed and fee paid at the time of lodgement.

 

Once the application is received by Council it will be assessed and (if necessary, possible – other appropriate wording) a Public Notice will be placed in the local print media calling for submissions in relation to the proposed burn within 7 days (refer to example below). The cost of the public notice is included in the application fees.

The whole of section 5 spells out the criteria for a permit

 

The cost is included in the application fee.

Application form

Is referred to in the policy as the “Burning in Nambucca Shire application form” but the form itself doesn’t have a title. This could cause confusion as to whether it is the right form.

Title put on form

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Immediate air quality will improve in problem areas and overall will reduce air borne particulate matter for the whole region.

 

Social

 

The community’s air quality will be improved and a better quality of life will be had by many members of urban and rural residential areas. Those living with asthma will greatly benefit.

 

Economic

 

There will be no added cost to Council by adopting the revised Control of Burning Policy

 

Risk

 

The potential risk is low.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial impacts on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

 

Attachments:

1View

25523/2009 - Guidelines for Burning in the Nambucca Shire

 

2View

19139/2009 - Draft Control of Burning Policy

 

  


General Purpose Committee - 14 October 2009

Report on Control of Burning Policy

Attachment 1

25523/2009 - Guidelines for Burning in the Nambucca Shire

 

GUIDELINES FOR BURNING IN THE NAMBUCCA SHIRE

 

 

 

 

 

 

 

 

 

 

 

 

 

Department of Environment & Community Planning

NAMBUCCA SHIRE COUNCIL

 

 

 

 

 

 

 

 

 

 

- July 2004 -

 

 


General Purpose Committee - 14 October 2009

Report on Control of Burning Policy

Attachment 1

25523/2009 - Guidelines for Burning in the Nambucca Shire

 

1.  Introduction

 

Fire can be a useful tool for reducing bush fire hazards, removing rubbish and carrying out agricultural activities. Inappropriate use of fire however, can endanger lives, property and the environment. Every year a substantial number of fires have damaging impacts on peoples’ lives and the environment. Individuals can help avoid this by following some basic procedures and obtaining the correct approvals (NSW Rural Fire Service, 2003).

 

There are two types of burning approvals that may be required, a permit to burn safely and/or an environmental approval. A person that lights a fire without the required approvals is guilty of an offence with a maximum penalty of $110,000 and/or imprisonment for 14 years. Further penalties may be incurred if environmental regulatory legislation was breached or where a fire causes substantial damage, injury or death (NSW Rural Fire Service, 2003).

 

In recent times, large numbers of enquires relating to burning have been made by residents of the Nambucca Shire. The majority of these relate to smoke production, odour and human health effects.

 

In May 2003 a meeting was held between representatives from Nambucca Shire Council, the NSW Rural Fire Service and the NSW Fire Brigades to discuss the issuing of fire permits and approvals in the Shire. Two primary issues were identified in the meeting. These were that all organisations consistently receive complaints in relation to fire permits and approvals and that there appears to be contradictions between legislation, polices and guidelines relating to fire permits and approvals.

 

The purpose of this guide is to clearly define the responsibilities of organisations regarding the issuing of fire permits and approvals in all areas of the Shire.

 

 

2.  Bush Fire Danger Period

 

A permit is required if a fire is to be lighted in the open during the Bush Fire Danger Period. The Bush Fire Danger Period is usually from 1 October to 31 March, however this may vary due to local conditions. Permits are required at all times when fire is likely to endanger a building (NSW Rural Fire Service, 2003).

 

Even if a permit has been issued, the lighting of fires is prohibited during a Total Fire Ban. Additionally, the permit will be suspended or cancelled on days of ‘High Fire Danger’ to ‘Extreme Fire Danger’ or when the NSW Environment Protection Authority declares a ‘No Burn Day’ (NSW Rural Fire Service, 2003).

 

It can be determined whether a Total Fire Ban is in force by contacting the Rural Fire Service (Information Line) on 1800 654 443 or by accessing www.rfs.nsw.gov.au. It can be determined whether a No Burn Notice is in force by contacting the EPA (Pollution Line) on 131 555 or by accessing www.epa.nsw.gov.au/airqual/aqupd.asp (NSW Rural Fire Service, 2003).

 

Permits are issued by the Commissioner of the Rural Fire Service or his/her delegate in rural fire districts or officers of the NSW Fire Brigades in fire districts. Fire permits are valid for up to 21 days (NSW Rural Fire Service, 2003).

 

 

3.  Bush Fire Hazard Reduction

 

Bush fire hazard reduction is an essential (required by law) part of managing any property likely to be affected by dangerous bush fires. It can be carried out by hand clearing, mowing, slashing or by using fire.

 

If a person wishes to burn off for genuine bush fire hazard reduction purposes and fuel material is in its natural state on the site, that person is exempt from environmental obligations under the Protection of the Environment Operations Act 1997. However, requirements of the NSW Fire Brigades or the NSW Rural Fire Service for hazard reduction works must be complied with (Wollongong City Council, 2002; NSW Rural Fire Service, 2003).

 

The Bush Fire Hazard Reduction Certificate is the environmental approval for bush fire hazard reduction work only. This certificate is required if the bush fire hazard reduction work is to be undertaken in native vegetation, could threaten endangered species or result in air or water pollution or soil erosion (NSW Rural Fire Service, 2003).

 

The NSW Rural Fire Service can issue a Bush Fire Hazard Reduction Certificate or provide advice on where to obtain another environmental approval. If a Bush Fire Hazard Reduction Certificate is issued, no other form of environmental approval is required (NSW Rural Fire Service, 2003).

 

A Bush Fire Hazard Reduction Certificate is effective for a period of 12 months from the date of issue. If the proposed bush fire hazard reduction requires an environmental approval, a Bush Fire Hazard Reduction Certificate must be obtained prior to application being made for a fire permit.

 

 

4.  Protection of the Environment Operations (Control of Burning) Regulation 2000

 

4.1.      Cleared Vegetation

 

Under the Protection of the Environment Operations (Control of Burning) Regulation 2000, burning of vegetation in the Nambucca Shire is prohibited except with approval.

 

Nambucca Shire Council may grant an approval for the purposes of this Regulation in respect of the burning of dead and dry vegetation on the premises on which the vegetation grew. Before granting an approval however, Council (or the EPA) must consider the following:

Ø The impact on regional air quality and amenity.

Ø The impact on local air quality and amenity.

Ø The feasibility of re-use, recycling, or other alternative means of disposal.

Ø Any opinions of the sector of the public likely to be affected by the proposed approval.

Ø Any opinions of the EPA in relation to the proposed approval.

 

It is often the case in the Shire that a lot is cleared for construction purposes, with the vegetation subsequently stockpiled on-site (Figure 1). If the intention is to dispose of this material through burning, an application to do so must be submitted to Council. It is possible that the application will be denied through Council carrying out its abovementioned legislative responsibilities.

Figure 1: Cleared vegetation that has been stockpiled.

 

4.2.      Exceptions

 

It is not an offence under the Protection of the Environment Operations (Control of Burning) Regulation 2000 to:

Ø Cook or barbecue in the open or to light, maintain or use a fire for recreational purposes.

Ø Burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew.

Ø Burn anything for the purposes of the giving of instruction in methods of fire fighting by a relevant officer.

Ø Burn anything in an appropriate incinerator.

Ø Burn domestic waste (other than vegetation) on residential premises on which the waste was generated if domestic waste management services are not available on those premises.

§ Carry out bush fire hazard reduction work under the Rural Fires Act 1997.

§ Destruct, by means of burning, of any prohibited plant or prohibited drug under the Drug Misuse and Trafficking Act 1985.

§ Destruct, by means of burning, of an animal that has died or is reasonably suspected to have died as the result of a disease proclaimed under relevant legislation.

 

Excluding the last three exceptions (§), a person that burns anything in the open or in an incinerator must do so by such practicable means as are necessary to prevent or minimise air pollution. This includes:

Ø Taking into account the potential for smoke impacting on any person due to wind direction and weather conditions.

Ø Taking reasonable measures to ensure that the material being burnt is not wet.

Ø Burning only material that is suitable for disposal by burning, having regard to possible effects on human health and the environment.

 

4.3.      Prohibited Articles

 

A person must not burn tyres, coated wire, paint containers and residues, solvent containers and residues or timber treated with copper chromium arsenate (CCA) or pentachlorophenol (PCP) in the open or in an unlicensed incinerator.

 

It is not an offence however, to burn a tyre for the purposes of the giving of instruction in methods of fire fighting by a relevant officer.

 

 

5.  Approvals for Burning Activities

 

Table 1 (below) summarises the types of approvals required in the Local Government Area for different burning activities and where they may be obtained.

 

Table 1: Approvals required in the Nambucca Shire for different burning activities.

Type of Burning Activity

Type of Approval Required

Where to Obtain Approval

Hazard reduction burn

Hazard Reduction Certificate or other environmental approval as advised

Rural Fire Control Centre

Pile burn

Control of Burning approval

NSC/EPA

Bonfire

Control of Burning approval

NSC/EPA

Burning of windrows

DA, Control of Burning approval

NSC/EPA

Agricultural burning of material such as stubble, sugar cane, orchard pruning or diseased crops

Not required

-

Burning in an incinerator

Control of Burning approval if material to be burnt includes vegetation

NSC/EPA

Burning charcoal

Not required

-

Burning domestic waste (other than vegetation)

Not required provided that it is burnt on the residential premises on which the waste was generated and domestic waste management services are not available

-

Burning to demolish a building or other building materials

Not required

-

Burning to destroy sawmill waste material

DA, Control of Burning approval

NSC/EPA

Lighting fires to produce charcoal

Control of Burning approval

NSC/EPA

Burning an animal that has died, or is suspected to have died, due to disease

Not required

-

Camp fire for cooking or heating

Not required

-

Burning of:

§  Tyres (except for the purpose of giving fire fighting instruction)

§  Coated wire

§  Paint containers and residues

§  Solvent containers and residues

§  Treated timber

Prohibited

-

Burning to clear native vegetation

Approval under the Native Vegetation Conservation Act 1997

DIP&NR/NSC

Burning (excluding cooking or heating) during the Bush Fire Danger Period or burning that is likely to endanger a building

Fire Permit in addition to any approval specified above. A Hazard Reduction Certificate or Control of Burning approval to be obtained prior to submitting an application of a Fire Permit.

NSW Rural Fire Service/NSW Fire Brigades

Note: Lighting of open fires during a Total Fire Ban is prohibited. A Fire Permit will be suspended or cancelled on days of ‘High Fire Danger’ or ‘Extreme Fire Danger’ or when the EPA declares a ‘No Burn Day’. Table adapted from NSW Rural Fire Service, 2003.

 

It is reiterated that a person that burns anything in the open or in an incinerator must do so by such practicable means as are necessary to prevent or minimise air pollution (refer Page 4). Penalties exist under the Protection of the Environment Operations (Control of Burning) Regulation 2000 for non-compliance.

 


General Purpose Committee - 14 October 2009

Report on Control of Burning Policy

Attachment 2

19139/2009 - Draft Control of Burning Policy

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

CONTROL OF BURNING POLICY

 

 

 

Function:  Environment and Planning Department

 

 

Adopted

Last reviewed

 

 

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

 

To clearly set out the obligations of landowners and residents in respect to burning off in the Nambucca Shire Local Government Area, and an adjunct to Council’s ongoing commitment to a comprehensive and long-term plan for air quality management across the Shire.

 

2.0       Related legislation

 

Protection of the Environment operations Act 1997

Protection of the Environment Operations (Clean Air) Regulation 2002

Rural Fires Act 1997

Protection of the Environment Operations (Penalty Notices) Regulation 1999

 

 

3.0       Definitions

 

approval means an approval in force that may be granted so as to permit burning in circumstances where it would otherwise be prohibited under Clause 6E.

 

domestic waste means waste (other than vegetation) that is of a kind and quantity ordinarily generated on domestic premises.

 

domestic waste management services, as defined in the Local Government Act 1993, means services comprising the periodic collection of domestic waste from individual parcels of rateable land and services that are associated with those services.

 

4.0         History

 

The Department of Environment and Climate Change (DECC) repealed the Protection of the Environment Operations (Control Of Burning) Regulation 2000 and incorporated its provisions as Part 2A of the Protection of the Environment (Clean Air) Regulation 2002 referred to from here on as; the Regulation.

 

The Regulation is designed to prevent air pollution from air borne particulates and chemicals to eliminate localised nuisance caused by smoke and odour generated by inefficient backyard burning off.

 

There has been an increase in the number of enquiries relating to burning by residents within the Nambucca Shire. The majority of enquiries have related to smoke production, odour and human health effects.


5.0       Policy statement

 

5.1       Introduction

 

Fires inappropriately lit or managed, can endanger and impact on lives, property and the environment.

 

The purpose of this Policy is to clearly define the responsibilities of organisations regarding the issuing of fire permits and approvals in all areas of the Shire. This Policy sets out ways individuals can avoid damaging impacts by following basic procedures and knowing how to obtain the correct approvals, prior to burning.

 

5.2       General Obligations

 

The following obligations under the Protection of the Environment Operations (Clean Air) Regulation 2002 apply in all areas of NSW:

 

1       Prohibition of burning certain items including tyres, coated wire, solvent containers & residues, paint containers & residues and treated timber – copper chromium arsenate (CCA) & pentachlorophenol (PCP); except where exempted in accordance with Clause 6D of the Regulations.

 

2       A general obligation for any person to prevent or minimise pollution when burning, can include:

 

a       Taking into account the potential for smoke impacting on any person due to wind direction and weather conditions

b       Taking reasonable measures to ensure that the material being burnt is not wet;

c       Burning only material that is suitable for disposal by burning, having regard to possible effects on human health and the environment.

 

 

5.3       Local Obligations

 

Nambucca Shire Council is committed to sound management and control of backyard burning especially in closely settled areas.

 

5.3.1       Burning of Domestic Waste

 

Burning of domestic waste is prohibited throughout the shire except where there is not a domestic waste collection service available.

 

5.3.2       Burning of Vegetation

 

Council is listed under Schedule 8 Part 2 of the Regulation that deals with burning of vegetation.

 

Council has applied the controls on burning vegetation only to the area within towns, villages and known urban and rural residential zonings. Any persons wishing to burn vegetation in an area identified in bold yellow on the maps, that form part of this policy, must submit a written application to Council. This policy constitutes an approval to burn under Clause 6G(2)(a) of the Regulation.

 

Where a domestic garbage service is NOT provided, Council has delegated, to the Rural Fire Service (RFS), authority to issue approvals to burn domestic waste and vegetation. Burning of vegetation (subject to the general obligations) is permitted other than within the urban and rural residential areas (Bold yellow on maps).

 

NOTE:     Council, under legislation, may consider individual cases involving burning of dry vegetation within the controlled area. Council officers are required under the Regulation to assess each application presented and may issue a written approval if satisfied with it. Council must keep a copy of each approval and maintain a public register (see Section 5.8 of this Policy).

 


5.3.4       General Exceptions

 

The Regulation exempts:

 

a       Bush Fire Hazard Reduction work under the Rural Fires Act 1997 (Section 5.7 of this Policy);

b       Destruction by burning of prohibited plants or drugs under the Drugs Misuse & Trafficking Act 1985;

c       Destruction by means of burning of an animal that has died or suspected of having died of a disease proclaimed under the Stock Diseases Act 1923 or an exotic disease within the meaning of the exotic diseases of Animals Act 1991.

 

5.3.5       Specific Exemptions

 

It is not an offence under Clause 6E of the Regulation:

 

a       To cook or barbeque in the open, or to light, maintain or use a fire for recreational purposes such as camping, picnicking, scouting or similar outdoor activities, so long as only dry seasoned wood, liquid petroleum gas (LPG), natural gas or proprietary barbeque fuel (including a small quantity of fire starter) is used, or;

 

b       To burn vegetation, in the course of carrying on agricultural operations, on premises on which the vegetation grew, including:

 

i         The burning of vegetation for the purpose of clearing (other than for construction), or;

ii        The burning of stubble, orchard prunings, diseased crops, weeds or pest animal habitats on farms, or;

iii       The burning of pasture for regenerative purposes, or

 

c       To burn anything for the purposes of the giving of instruction in methods of fire fighting by:

 

i         An officer or member of a fire fighting authority, or;

ii        A fire control officer within the meaning of the Rural Fires Act 1997, or;

iii       An industrial fire control officer

 

When acting in his or her official capacity

 

The Regulation also provides exemptions for:

 

a       Licensed incinerators and incinerators which meet specific technical requirements, and

b       Flaring of waste gasses.

 

For details please contact Council.

 

 

5.4         Health and Other Issues

 

a       There are provisions in the Act that enables Council’s authorised officers to require extinguishment of any fire, which the officer can confirm is causing a serious risk to the health of any person. A similar provision applies where it can be confirmed that a fire is not conducted in such a manner as to minimise air pollution.

 

         Inquires may be made to Council regarding any aspect of this point.

 

b       Shire residents are reminded that this policy does not relate to the safety aspects of burning off. Obligations under the Rural Fires Act 1997 require the seeking of permits during the bushfire danger period (Section 5.6 of this Policy).

 

         There are notifications required both to Council and to adjoining neighbours for the conducting of fires at any time of the year (Section 5.9 of this Policy).

 

 


5.5         Penalties

 

Council authorised officers and certain officers of other authorities, are empowered to serve Penalty Notices where it can be established there has been a breach of the Regulation. Penalties are set by the Protection of the environment (Penalty Notices) Regulation 1999.

 

 

5.6         Bushfire Danger Period

 

A permit is required if a fire is to be lit in the open during the Bushfire Danger Period. The Bushfire Danger Period is usually from 1 October to 31 March annually, however this may vary due to local conditions. Permits are required at all times when a fire is likely to endanger a building.

 

Permits are issued during the Bushfire Danger Period by the Commissioner of the Rural Fire Service or his/her delegate in rural fire districts or officers of the NSW Fire Brigades in fire districts. Fire Permits are valid for up to 21 days.

 

Even if a permit has been issued, the lighting of a fire during a Total Fire Ban is Prohibited. Additionally, the permit will be suspended or cancelled on days of ‘High Fire Danger’ to ‘Extreme Fire Danger’ or when DECC declares a ‘No Burn Day’.

 

Determining weather a Total Fire Ban is in force can be done by phoning the Rural Fire Service (information line) 1800 654 443 or on the web at www.rfs.nsw.gov.au. To find out if a No Burn Notice is in effect call the Pollution Hotline on 131 555 or visit www.environment.nsw.gov.au/airqual/aqupd.asp.

 

 

5.7         Bushfire Hazard Reduction (BHR)

 

Bushfire Hazard Reduction is an essential (required by law) part of managing any property likely to be affected by dangerous bushfires. It can be carried out by hand clearing, mowing, slashing or by using fire.

 

If a person wishes to burn off for genuine hazard reduction purposes and fuel material is in its natural state on the site, that person is exempt from environmental obligations under the Protection of the Environment Operations Act 1997. However, requirements of the NSW Fire Brigades or the Rural Fire Service for hazard reduction works must be complied with.

 

A Bushfire Hazard Reduction Certificate (BHR Certificate) is required if the reduction work is to be:

§ undertaken in native vegetation,

§ will threaten endangered species,

§ results in soil erosion,

§ air or water pollution.

 

A Bushfire Hazard Reduction Certificate is the Environmental Approval for hazard reduction work only.

 

The NSW Rural Fire Service can issue a BHR Certificate or provide advice on where to obtain other environmental approvals. A BHR Certificate is effective for 12 months from the date of issue. If the proposed hazard reduction requires an environmental approval, a BHR Certificate must be obtained prior to application being made for a fire permit.

 

 


5.8         Approvals For Burning Activities

 

The following table summarises the types of approvals required in Nambucca Shire Council area for different burning activities and where to obtain that permit.

 

Type of Burning Activity

Type of Approval Required

Where to Obtain Approval

Hazard reduction burn

Hazard Reduction Certificate or other environmental approval as advised

Rural Fire Control Centre

Pile burn

Control of Burning approval

NSC, DECC & RFS (outside NSC marked area)

Bonfire

Control of Burning approval

NSC, DECC & RFS (outside NSC marked area)

Burning of windrows

DA, Control of Burning approval

NSC, DECC

Agricultural burning of material such as stubble, sugar cane, orchard pruning or diseased crops

Not required

-

Burning in an incinerator

Control of Burning approval if material to be burnt includes vegetation

NSC, DECC

Burning charcoal

Not required

-

Burning domestic waste (other than vegetation)

Not required provided that it is burnt on the residential premises on which the waste was generated and domestic waste management services are not available

-

Burning to demolish a building or other building materials

Not required

-

Burning to destroy sawmill waste material

DA, Control of Burning approval

NSC, DECC

Lighting fires to produce charcoal

Control of Burning approval

NSC, DECC

Burning an animal that has died, or is suspected to have died, due to disease

Not required

-

Camp fire for cooking or heating

Not required

-

Burning of:

§  Tyres (except for the purpose of giving fire fighting instruction)

§  Coated wire

§  Paint containers and residues

§  Solvent containers and residues

§  Treated timber

Prohibited

-

Burning to clear native vegetation

Approval under the Native Vegetation Act 2003

DECC

Burning (excluding cooking or heating) during the Bush Fire Danger Period or burning that is likely to endanger a building

Fire Permit in addition to any approval specified above. A Hazard Reduction Certificate or Control of Burning approval to be obtained prior to submitting an application of a Fire Permit.

NSW Rural Fire Service/NSW Fire Brigades

IMPORTANT

Lighting of fires is prohibited during a Total Fire Ban. A Fire Permit that has been issued by the NSW Rural Fire Service or NSW Fire Brigade will be suspended or cancelled on days of ‘High Fire Danger’ or ‘Extreme Fire Danger’ or when DECC declares a ‘No Burn Day’.

 

 


5.9         Process For Burning In Nambucca Shire (As At June 2009)

 

Submission of an application to burn off, is to be directed to Council after careful consideration of the above table in Section 5.8 of this Policy.

 

NOTE 1:   There are fees involved for both the application and the inspection by Council officers. These are set out in Council’s Fees and Charges that can be viewed at Council’s administration centre or online at www.nambucca.nsw.gov.au

 

NOTE 2:   In Residential Areas including Rural Residential Areas and areas shaded solid bold yellow on the maps, in section 4 of this Policy, an approval from Council is required all year prior to burning. In addition, a permit from the Rural Fire Service(RFS) or NSW Fire Brigade (NSWFB) is required during the Bushfire Danger Period prior to burning. The RFS and NSWFB will not issue a permit until Council has granted an approval.

 

NOTE 3:   In Non-residential Areas and all areas that are not delineated by a solid bold yellow marking on the maps in Section 4 of this policy, , an approval from Council is not required prior to burning. However a permit from the RFS/NSWFB is required during the Bushfire Danger Period prior to burning.

 

Approvals to burn in residential areas are generally not granted as Council is required to consider a number of issues under the Regulation when assessing an application. Such as:

 

a       Why the vegetation cannot be disposed of in an alternative manner eg. Chipped/mulched, composted, placed in Green Bin, taken to the tip or taken away by a contractor

b       Proximity of neighbour’s house

c       Other amenities in the immediate area, eg schools, playgrounds, nursing homes, hospitals and commercial areas.

 

A Burning in Nambucca Shire application form must be filled out and paid for at the time of lodgement.

 

Once the application is received by Council it will be assessed and if deemed possible, a Public Notice will be displayed in the local print media calling for submissions in relation to the proposed burn within 7 days (refer to example below). The cost of the public notice is included in the application fees.

 

 

SAMPLE PUBLIC NOTICE

 

Council is in receipt of two applications to burn under the Protection of the Environment Operations (Clean Air) Regulation 2002. The applications relate to stockpiles of dry vegetative material on Lot 2 in DP 2002808 Tilly Willy Street, Macksville (applicant, Australian Rail Track Corporation Ltd) and Lot 62 in DP 2068432 Florence Wilmont Drive, Nambucca Heads (applicant, Mr John Citizen). Should you wish to make submissions regarding these applications you should do so in writing, addressed to:

 

General Manager

Nambucca Shire Council

PO Box 177

MACKSVILLE  NSW  2447.

 

Submissions will close at 4:00 pm on Thursday, 30 June 2009.

 


General Purpose Committee - 14 October 2009

Report on Control of Burning Policy

Attachment 2

19139/2009 - Draft Control of Burning Policy

 

 

Contact Details:

Postal Address:  PO Box 177, Macksville NSW 2447

Telephone:  (02) 6568 2555

Facsimile:   (02) 6568 2201

 

Office Location:

44 Princess Street, Macksville NSW 2447

Website:

www.nambucca.nsw.gov.au

 

Email:

council@nambucca.nsw.gov.au

 

Updated:  3 August 2009

 

Burning in Nambucca Shire Application Form

 

Applicant:

 

 

Postal Address:

 

 

Phone Number:

 

    Email Address:

 

Property Details:

 

Lot/Portion & DP No:

 

 

 

Road/Street:

 

 

 

Property Owner:

 

Proximity of Neighbours’ House/Fence:

 

 

Details of Conversations with Neighbours (and/or attach copies of letters)  about your intention to burn:

 

 

 

 

 

 

List the reasons you are unable to dispose of the matter in any other way other than burning:

 

 

 

 

 

 

Applicant’s Signature: 

 

Office Use Only

 

 

Fee :          $80

Account number:  6826-000

 

 

Date Paid:     _____/_____/_____

 

 

Receipt No:  _____________

 

 

  


General Purpose Committee

14 October 2009

Director of Engineering Services Report

ITEM 9.1      SF382              141009         Scotts Head Master Plan - Presentation by Department of Lands and Integrated Site Design (ISD)

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The Consultants, Integrated Site Design (ISD) will present a draft business plan relating to the Scotts Head Master Plan.

 

 

Recommendation:

 

1        That Council note the presentation from the Department of Lands and Integrated Site Design of the draft business plan for the Scotts Head Master Plan.

 

2        That Council determine whether to proceed with the Scotts Head Master Plan based on the Business Plan workshopped by the Department of Lands and Integrated Site Design.

 

 

OPTIONS:

 

Determine a preferred option.

 

 

DISCUSSION:

 

The Department of Lands and the Consultants Integrated Site Design (ISD) will make a presentation relating to the Scotts Head Master Plan as exhibited.

 

The presentation will address the income potential and expenditure of each area.  Council will be able to see the relevance to the inclusion of Adin Street Oval to the project.

 

The business plan is based on the project paying the full costs.  Of interest to Council are the following:

 

·              The annual lease payment to Council for the use of Community land would continue

 

·              Council to address the stormwater issues through the reserve with the project to make a substantial contribution

 

·              The Caravan Park to continue maintaining the Day Area

 

·              Council’s area of reserve maintenance would change from all of Adin Street to part of Adin Street and the new “green belt” near Adin and Waratah Streets

 

I attended another Project Facilitators Meeting (PFT) on Tuesday 29 September 2009.

 

 

CONSULTATION:

 

·              Project Facilitator Team members

·              Administrator Scotts Head Reserve Trust

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Subject to the adopted scenario.

 

Social

 

Subject to the adopted scenario.

 

Economic

 

Subject to the adopted scenario.

 

Risk

 

Subject to the adopted scenario.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The draft business plans will address this aspect.

 

Source of fund and any variance to working funds

 

The draft business plan will address this aspect.

 

 

Attachments:

There are no attachments for this report.


General Purpose Committee

14 October 2009

Director of Engineering Services Report

ITEM 9.2      PRF15              141009         Coronation Park - Construction of Amenities

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The two new amenity buildings at Coronation Park are nearing completion.  An inspection of the buildings will be held for Council representatives.

 

In attendance will be Mr Andrew Carniato of A & A Landmark Constructions Pty Ltd, the Contractor and Council’s Engineering Designer, Stephen Fowler who has managed the project.

 

 

Recommendation:

 

That Council note the inspection of the new amenity buildings on Coronation Park, Nambucca Heads.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

A & A Landmark Constructions Pty Ltd were awarded the tender to construct two amenity buildings on Coronation Park at Nambucca Heads.

 

The project is well advanced and the opportunity is being taken to inspect progress.

 

There have been a few small variations such as:

 

·              Re-using the water tank at the Soccer amenities

·              Turning the disabled toilet into a shower as well

·              Adjustment of the League building site which changed the retaining wall

 

There are plus and minus costs involved with extra costs in the range of $5,000 to $10,000.

 

Included in the budget is $32,000 to renovate the existing Soccer building.  At this stage the exterior will be painted to match the new buildings out of this allocation.

 

This still leaves a contingency of nearly $20,000 to address the old Rugby League building.  This will be the subject of a separate report.

 

 

CONSULTATION:

 

Stephen Fowler (Council’s Engineering Designer)

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No new issues identified

 


Social

 

Coronation Park is a major sports ground for Nambucca Heads.

 

Economic

 

The new buildings will provide the opportunity for greater income generation through clinics with NRL clubs.

 

Risk

 

The sporting clubs are yet to experience the new buildings but they should be satisfied with the facilities.

 

The final use or demolition of the old Rugby League building is yet to be decided.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The allocated budget meets the construction and renovation costs.

 

Initial maintenance costs will be low.

 

Source of fund and any variance to working funds

 

The funds identified to construct the buildings, renovate or demolish other buildings is comprised as follows:

 

Commonwealth Infrastructure Program                                                      $423,000

Section 94                                                                                              $262,677

Nambucca Shire Council                                                                          $250,000

                                                                                                              $935,677

 

Attachments:

There are no attachments for this report.


General Purpose Committee

14 October 2009

Director of Engineering Services Report

ITEM 9.3      SF1047            141009         Bitumen Sealing in Front of Homes

 

AUTHOR/ENQUIRIES:     Bruce Redman, Director Engineering Services         

 

Summary:

 

The hot weather is generating requests for bitumen strips in front of houses to be provided by Council to control dust.

 

In the past Council did provide funds for such work.  A register of applicants has been maintained should Council be in a position to re-introduce the program.

 

 

Recommendation:

 

1        That Council not provide funding in the 2009/2010 budget for the “Bitumen Sealing in Front of House” program.

 

2        That Council permit short sections of bitumen sealing for dust suppression if the landowner meets 100% of the cost.

 

 

OPTIONS:

 

·              Provide funding

·              Not provide funding

 

 

DISCUSSION:

 

Council has in past years allocated around $30,000 to provide a 100 metre strip in front of around 3 rural houses that are subject to a high dust nuisance.

 

The program still exists but is “unfunded” and has been since 2005.

 

The matter is being raised now because the hot weather is generating dust and requests are being made for sealing in front of houses.

 

Council hold some 35 applications with each applicant required to submit details on the distance from the house to the road, years of residence, age and health issues to enable justifiable selections to be made.

 

Should Council determine to provide a budget then each application will need ranking to make the successful selections as this will be contentious.

 

The sealing in front of rural houses has not been a priority in recent years with the maintenance of existing bitumen surfaces the main need.  The sections are short (100 m) and often in isolated areas resulting in little maintenance and a gradual deterioration of standard.  The cost of a 100 m section in 2009 would be $20,000 - $25,000.

 

Adding two sites will require a budget of $40,000 to $50,000.

 

There will be instances when the landowner is willing to contribute to the cost because of health issues.  Even though these short sections of bitumen are a maintenance issue such requests could be granted if the applicant meets the full cost.

 

 


CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Dust is an issue in dry periods for roadside vegetation on all general rural roads.

 

Social

 

Households next to a gravel road will suffer significant dust problems at times.  This could impact on health, cleanliness and water supply.

 

Economic

 

The cost of $20,000 to $25,000 (100 m) for each residence is not an economic proportion if considered only as a road maintenance.

 

Risk

 

Residents with health issues may be unable to remain at the property.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No budget provided in 2009/2010.  Reinstating a $40,000 to $50,000 budget will address the problem of two households.  At this level of expenditure it will take 17 years to address the current list.

 

Council has insufficient funds to adequately maintain its existing sealed roads so extending the length of seal in often isolated locations would be poor financial management.

 

Source of fund and any variance to working funds

 

Working funds.

 

Attachments:

1View

14601/2009 - Application Form

 

2View

24200/2009 - Datasource Sealing in front of Rural Residences

 

  


General Purpose Committee - 14 October 2009

Bitumen Sealing in Front of Homes

Attachment 1

14601/2009 - Application Form

 

 

Contact Details:

Postal Address:  PO Box 177, Macksville NSW 2447

Telephone:  (02) 6568 2555

Facsimile:   (02) 6568 2201

 

Office Location:

44 Princess Street, Macksville NSW 2447

Website:

www.nambucca.nsw.gov.au

 

Email:

council@nambucca.nsw.gov.au

 

Updated:  16/06/09

 

Application for Sealing In Front of Rural Residences

 

Please complete application in black pen.

 

Applicants Name:

 

Rural Road Number & Road Name:

 

Locality Name:

 

Postcode:

 

 

Distance between house and road in metres (building set back):

metres

Description of vegetation buffer between house and road:

 

 

 

Year that house was constructed (approximately):

 

Are you the owner of the house?

 

Number of years resident at this house?

 

Age of each family member resident at the house:

 

 

 

 

 

Estimated number of houses beyond your residence:

 

 

Describe any health problems relevant to dust that resident family members experience:

 

 

 

 

 

Any further comments?

 

 

 

 

Signature:

 

 

Date application submitted:

Office Use Only   (Engineering Services Department)

Assessment of application:

 

 

 


General Purpose Committee - 14 October 2009

Bitumen Sealing in Front of Homes

Attachment 2

24200/2009 - Datasource Sealing in front of Rural Residences

 

 

Name

Salutation

Address1

City

Mr N and Mrs J Hicks

Mr and Mrs Hicks

180 Bakers Creek Road

TAYLORS ARM  NSW  2447

Mr L and Mrs J Robinson

Mr and Mrs Robinson

47 Boggy Creek Road

VALLA  NSW 2448

Mr P and Mrs M Kinnear

Mr and Mrs Kinnear

70 Clayholes Road

WAY WAY  NSW  2447

Mr P and Mrs A Davis

Mr and Mrs Davis

133 Clayholes Road

WAY WAY  NSW  2447

Mr I and Mrs J Threadgate

Mr and Mrs Threadgate

299 Congarinni Road North

CONGARINNI NORTH  NSW  2447

Ms R Bunton

Ms Bunton

452 Congarinni Road North

MACKSVILLE  NSW  2447

Mr B and Mrs K Toohey

Mr and Mrs Toohey

21 Coulters Road

TALARM  NSW  2449

Mr M Hicks

Mr Hicks

100 Grassy Road

BOWRAVILLE  NSW  2449

Mr P and Mrs B Moran

Mr and Mrs Moran

1078-1080 Missabotti Road

MISSABOTTI NSW  2449

Mr G and Mrs F Whan

Mr and Mrs Whan

300 Newee Creek Road

NEWEE CREEK NSW  2447

Ms P Lawrence

Ms Lawrence

47 Nursery Road

MACKSVILLE  NSW  2447

Mr A and Mrs K Fenner

Mr and Mrs Fenner

66 Simpsons Ridge Road

BOWRAVILLE  NSW  2449

Mr S and Mrs P McWilliam

Mr and Mrs McWilliam

12 Talarm Road

MACKSVILLE  NSW  2447

Ms M Boyton

Ms Boyton

672 Tamban Road

EUNGAI CREEK  NSW  2441

Mr P Simmons

Mr Simmons

3643 Taylors Arm Road

BURRAPINE  NSW  2447

Mr M and Mrs C Rundle

Mr and Mrs Rundle

"Carondle"

4144 Taylors Arm Road

BURRAPINE  NSW  2447

Mr E and Mrs L Coulter

Mrs and Mrs Coulter

4949 Taylors Arm Road

THUMB CREEK  NSW  2447

Mr P and Mrs L Argue

Mr and Mrs Argue

"Muirbank"

3193 Taylors Arm Road

UPPER TAYLORS ARM  NSW  2447

Mr G and Mrs E Smith

Mr and Mrs Smith

1756 Taylors Arm Road

YARRANBELLA  NSW  244

Mr S G Osborne

Mr Osborne

53 Williams Hill Road

YARRANBELLA  NSW  2447

Mr T Cagney

Mr Cagney

384 Graces Road

BOWRAVILLE  NSW  2449

Mr N and Mrs B Spear

Mr and Mrs Spear

831 North Bank Road

TAYLORS ARM  NSW  2447

Mr G and Mrs I Creighton

Mr G and Mrs I Crighton

69 McHughes Creek Road

SOUTH ARM  NSW  2449

Mr M and Mrs M Falzon

Mr and Mrs Falzon

30 Ben Boyd Lane

NEUTRAL BAY  NSW  2089

Mr T and Mrs K Wilesmith

Mr and Mrs Wilesmith

75 Moores Lane

EUNGAI CREEK  NSW  2441

Mr B and Mrs L Alexander

Mr and Mrs Alexander

965 Valla Road

VIEWMONT  NSW  2448

Mr G and Mrs D Silvia

Mr and Mrs Silvia

246 Boggy Creek Road

VALLA  NSW  2448

Mr T Phantastes and Ms E King

Mr Phantastes and Ms King

5 Way Way Creek Road

WAY WAY  NSW  2447

Ms W E Payne

Ms Payne

699 Bellingen Road

BOWRAVILLE  NSW  2449

Ms K Fanning

Ms Fanning

47 Richards Road

NEWEE CREEK  NSW  2447

Mr M and Mrs G Green

Mr and Mrs Green

1167 Taylors Arm Road

UTUNGUN  NSW  2447

Ms L A Warren

Ms Warren

140 Kesby’s Road

EUNGAI CREEK  NSW  2441

Mrs L Callaway

Mrs Callaway

82 Grassy Road

BOWRAVILLE  NSW  2449

Mr W George & Ms J Lennon

Mr George and Ms Lennon

638 Congarinni Road South

CONGARINNI  NSW  2447

Ms R Howell

Ms Howell

981 Lower Buckrabendinni Road

BOWRAVILLE  NSW  2449

 

 

Updated 10/09/09

 

 

The property at 69 McHughes Creek Road South Arm  NSW  2449, previously owned by Mr and Mrs Waddell is now owned by Warnley Pty Ltd and a new application for sealing has been put in by Mr G and Mrs I Creighton (Property in the name of Warnley Pty Ltd).

 


General Purpose Committee

14 October 2009

Director of Engineering Services Report

ITEM 9.4      SF1075            141009         Climate Change - Achievement of Milestone 1

 

AUTHOR/ENQUIRIES:     Noel Chapman, Manager Civil Works; Michael Coulter, General Manager         

 

Summary:

 

Council has been a participant in the Cities for Climate Change Protection (CCP) Program since November 2007. 

 

The program identified a number of milestones for the reduction of greenhouse gases.

 

As an aid to fulfilling the milestones organisations were given access to a web based database (ICLEI Oceania) for the input and analysis of energy consumption and the resulting carbon emissions.

 

Input of Council data had commenced however funding for the website was discontinued on the 30 June 2009.  Council was provided with a spreadsheet of raw data input and this has now been developed internally to provide a history of Council’s energy usage and emissions.  It should be noted that Council has not subscribed to the CCP Partners Program.

 

The results are provided in the summary table circularised.  The data was used to calculate a forecast year and this is the basis for the achievement of milestone 1 (a Checklist is attached).

 

 

Recommendation:

 

1        That Council note the achievement of Climate Change Protection (CCP) Milestone 1.

 

2        That Council note the impact of 5% and 10% reduction targets.

 

3        That Council progress to Climate Change Protection (CCP) Milestone 2 with a target of a 5% reduction in greenhouse gas emissions by 2016.

 

 

OPTIONS:

 

·              Adopt the recommendations

·              Change the recommendations

 

 

DISCUSSION:

 

All available data was collected for Council buildings, water and sewerage supply, street lighting and fleet operations from 2006 to date.  The data for 2006 was considered to be unreliable therefore a base year of 2007 was adopted (see table circularised).  The data supplied by CCP for community analysis had adopted a base year of 2006.  This data was adjusted by a population growth factor of 0.5% to bring it in line with the adopted base year of 2007.

 

The forecast year data (excluding community data) has been calculated as follows:

 

Interim Year + (Interim Year) – Base Year x 4

 

The community forecast is based on an assumed population growth of 0.5% per annum based on actual growth as provided by the Bureau of Statistics.

 

It should be noted that accurate forecasting is difficult due to random fluctuations in usage from one year to another.  This is particularly significant where usage has reduced between the base year and interim year.  It has been assumed that if the interim year value is less then the base year value then the forecast is based on a 0.5% increase per annum from the base year figure.

 

Data has also been calculated for reduction targets of 5% and 10% respectively.  These are provided for information and as a guide for Council if proceeding to Milestone 2.  Guidelines for Milestone 2 are attached.

 

Australia’s National Emissions Target Fact Sheet is also attached.

 

 

CONSULTATION:

 

·              General Manager

·              Engineering Support Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The adoption of carbon emission reduction strategies would have a positive impact on the environment.

 

Social

 

Council participation would provide strong leadership for the community and improved social well being.

 

Economic

 

Could result in lower operational costs due to reduced energy usage.  This could mitigate future carbon offset costs.

 

Risk

 

Delay in adopting emission reduction strategies will make it more difficult to achieve reductions in the future.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct impact on budgets as a result of this report.  The adoption of carbon reduction strategies could reduce or at least contain operating costs in the event of any emissions trading scheme.

 

Source of fund and any variance to working funds

 

No funds are required as a result of this report.

 

Attachments:

1View

Circularised Document - Summary of Carbon Emissions

 

2View

Circularised Document - Base Year Data

 

3View

25241/2009 - Achievement of Milestone 1 - Checklist

 

4View

25242/2009 - Achieving Milestone 2 - Setting reduction goals

 

5

25558/2009 - Australia's National Emissions Target - Fact Sheet

 

  


General Purpose Committee - 14 October 2009

Climate Change - Achievement of Milestone 1

Attachment 1

Circularised Document - Summary of Carbon Emissions

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Climate Change - Achievement of Milestone 1

 

 

 

Circularised Document - Summary of Carbon Emissions

 

 

 


General Purpose Committee - 14 October 2009

Climate Change - Achievement of Milestone 1

Attachment 2

Circularised Document - Base Year Data

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Climate Change - Achievement of Milestone 1

 

 

 

Circularised Document - Base Year Data

 

 

 


General Purpose Committee - 14 October 2009

Climate Change - Achievement of Milestone 1

Attachment 3

25241/2009 - Achievement of Milestone 1 - Checklist

 

 


General Purpose Committee - 14 October 2009

Climate Change - Achievement of Milestone 1

Attachment 4

25242/2009 - Achieving Milestone 2 - Setting reduction goals

 





 


General Purpose Committee - 14 October 2009

Climate Change - Achievement of Milestone 1

Attachment 5

25558/2009 - Australia's National Emissions Target - Fact Sheet