NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 18 November 2009

 

 

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

 

1??????? APOLOGIES

2??????? DISCLOSURE OF INTEREST

3??????? DELEGATIONS

4??????? General Manager Report

9.1???? Quarterly Performance Review - 30 September 2009

9.2???? Risk Management and Fraud and Corruption Prevention

5??????? Director Environment and Planning Report

10.1?? Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

10.2?? Report on the SOE Submissions from Public Exhibition and Final 2008/2009 SoE Report...... 67

6??????? Director Engineering Services Report

11.1?? Policy - Commercial Activities on Community Land............................................................ 77

11.2?? Wallace Street, Macksville - Traffic Management................................................................ 86

11.3?? River Street Foreshore - Macksville - Landscape Development Plan..................................... 95

11.4?? Visitor Information Centre Finger Wharf............................................................................ 100

11.5?? Memorial in Honour of Caleb Jarrett - Nambucca Heads.................................................... 102 ?

 

 

Time

Description

Where

OS/CC

Item No

Page No

8.30 ? 9.00

Quarterly Performance Review - 30 September 2009 &

Budget Review 30 September 2009?LATE REPORT

CC

9.1

 

9.3

4

 

?

9.00 - 9.15

Policy Review - Commercial Activities on Community Land

CC

11.1

77

9.15 - 9.30

State of Environment Report

CC

10.2??

67

10.00 - 11.00

Opening of Tourist Office Wharf

Followed by Cruise Boat Tour

Nambucca and Bellingen Tourist Associations invited as well.

On-site

11.4??

100

 

Morning Tea on the boat

On Boat

11.45 - 12.15

River St Foreshore Improvements

Roger Williams 0417281119

Joans Army

CC

11.3

95

12.15

 

Lunch

Committee Room/Council Chambers

1.00 - 1.15

Wallace St - Traffic Management 40km/h high pedestrian activity proposal.

CC

11.2

86

1.15 - 1.30

Risk Management Policy and Risk Register

CC

9.2

6

2.00 - 2.30

DA 2009/182 - Scotts Head Road, ?Two (2) Lot Rural Boundary Adjustment ?(DELEGATION by Jason Berrigan on behalf of proponent 0409833968)

On-Site

10.1

40

3.00 - 3.15

Caleb Jarret Memorial Seat

CC

11.5

102

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

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

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

?????? ?


General Purpose Committee

18 November 2009

General Manager's Report

ITEM 9.1????? SF820????????????? 181109???????? Quarterly Performance Review - 30 September 2009

 

AUTHOR/ENQUIRIES:???? Lorraine Hemsworth, Executive Assistant ????????

 

Summary:

 

In accordance with the provisions of Section 407 of the Local Government Act 1993 I wish to report the extent to which the performance targets set in Councils 2009/2029 Management Plan have been achieved.? Report is circularised for your information.

 

 

Recommendation:

 

That Council note the extent to which the Performance Targets have been achieved for the quarter to 30 September 2009.

 

 

 

 

 

Attachments:

1View

?- Circularised document - Quarterly Performance Review - 30 September 2009

 

?

?


General Purpose Committee - 18 November 2009

Quarterly Performance Review - 30 September 2009

Attachment 1

Circularised document - Quarterly Performance Review - 30 September 2009

 

 

 

 

 

CIRCULARISED DOCUMENT

 

 

Quarterly Performance Review - 30 September 2009

 

 

 

 

?


General Purpose Committee

18 November 2009

General Manager's Report

ITEM 9.2????? SF1439??????????? 181109???????? Risk Management and Fraud and Corruption Prevention

 

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

 

Summary:

 

The Promoting Better Practice Review covered a number of different aspects of Council?s governance practices including risk management and fraud and corruption prevention.

 

Specifically, the Review Report makes the following recommendations:

 

?????? Council should conduct a risk assessment across all operational areas to identify the levels of risk exposure that are yet to be addressed (Recommendation 10)

 

?????? Council should prepare a fraud and corruption prevention plan and undertake a fraud risk assessment (Recommendation 12).

 

By way of addressing this recommendation, Council engaged Fraud Prevention and Governance Pty Ltd to undertake a comprehensive risk assessment project with the following key deliverables:

 

?????? Risk Register (including both General Risks and Fraud and Corruption Risks)

?????? Risk Management Policy

?????? Risk Management Plan

?????? Fraud and Corruption Prevention Strategy

 

Drafts of these documents have been prepared in collaboration with key staff.

 

Councillors are now encouraged to review the Risk Register; suggest other risks which haven't been considered as well as consider the rating which has been attached to the risks.?

 

 

Recommendation:

 

1??????? That Council review the Draft Risk Register and in doing so, identify any additional risks, review the ratings and endorse the action plans.

 

2??????? That the draft Risk Management Policy, Risk Management Plan and Fraud and Corruption Prevention Strategy be adopted.

 

 

 

OPTIONS:

 

Council can make modifications to the draft documents.

 

 

DISCUSSION:

 

The Promoting Better Practice Review covered a number of different aspects of Council?s governance practices including risk management and fraud and corruption prevention.

 

Specifically, the Review Report makes the following recommendations:

 

?????? Council should conduct a risk assessment across all operational areas to identify the levels of risk exposure that are yet to be addressed (Recommendation 10)


 

?????? Council should prepare a fraud and corruption prevention plan and undertake a fraud risk assessment (Recommendation 12).

 

By way of addressing this recommendation, Council engaged Fraud Prevention and Governance Pty Ltd to undertake a comprehensive risk assessment project with the following key deliverables:

 

?????? Risk Register (including both General Risks and Fraud and Corruption Risks)

?????? Risk Management Policy

?????? Risk Management Plan

?????? Fraud and Corruption Prevention Strategy (circularised).

 

Risk Register

 

Consultant Barry Davidow conducted a number of workshops with Council?s management staff and other key staff to identify the key risks (including fraud and corruption risks), the key controls to overcome those risks and the rating of the risks. For the high residual risks identified, action plans to reduce the risks were also recommended by the participants. Councillors are encouraged to provide input by identifying any additional risks, reviewing the ratings and endorsing the action plans.

 

Risk Management Policy

 

It is considered best practice for organisations to have a Risk Management Policy so that people are aware of what is required of them for risk management.

 

Risk Management Plan

 

According to the Australian/New Zealand Standard on Risk Management, a risk management plan is an essential component of risk management in an organisation. The draft Risk Management Plan details the risk management responsibilities, structure and process.

 

The Department of Local Government expects that risk assessments will be undertaken on a regular basis. The risk management standard and other regulators also require risks assessments to be undertaken regularly. The Risk Management Plan will make it far easier for Council to undertake future risk assessments and is an important part of the skills transfer to Council.

 

Fraud and Corruption Prevention Plan

 

A fraud and corruption plan identifies the actions and responsibilities to reduce the risks of fraud and corruption. The Department of Local Government and the Independent Commission Against Corruption consider it essential for Council to have a Fraud and Corruption Prevention Plan.

 

 

CONSULTATION:

 

Senior Management

Key staff from different operational areas.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Relevant risks and control measures identified in documentation.

 

Social

 

Relevant risks and control measures identified in documentation.


 

Economic

 

Relevant risks and control measures identified in documentation.

 

Risk

 

Relevant risks and control measures identified in documentation.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Budget allocation ???????????????? $12000

Final Cost??????????????????????????? $10067.10

Saving ??????????????????????????????? $1932.90???????????????????????????????????????????????????????????????????????????????????????????????

Implementation of action plans may require additional funding.

 

Source of fund and any variance to working funds

 

189-000 (Internal Risk Audit) and 190-000 (Fraud and Corruption Prevention)

 

Attachments:

1View

26888/2009 - Draft Policy - Risk Management

 

2View

26942/2009 - Draft Risk Management Plan

 

3View

26950/2009 - Draft Risk Register

 

4

?- Circularised Document - Fraud & Corruption Prevention Strategy

 

??


General Purpose Committee - 18 November 2009

Risk Management and Fraud and Corruption Prevention

Attachment 1

Draft Policy - Risk Management

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RISK MANAGEMENT POLICY

 

 

 

Function:? Governance

 

 

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????????? Policy objective

 

The aims of this policy are to:

 

??????????? emphasise that a formal and systematic approach to managing risk is essential to sound management and good government; and

 

??????????? demonstrate Council?s commitment to the integration and maintenance of a formal risk management process to help achieve our strategic and operational objectives.

 

 

2????????? Related Policies and Documents

 

Risk Management Plan

 

Australian/New Zealand Standard 4360:2004 Risk Management

 

HB 436:2004 Risk Management Guidelines, Standards Australia

 

 

3????????? Definitions

 

3.1???? Risk

 

Risk is defined as the chance that something will have an impact on our objectives.

 

 

4????????? Policy statement

 

Risk is inherent in all of Council?s activities. Having a formal and systematic approach to managing those risks is regarded as essential to sound management and good governance. It also helps ensure that the expectations of the public, regulators and other stakeholders are met and that Council?s resources and reputation are protected.

 

Council is therefore committed to the integration and maintenance of a formal risk management process to help achieve our strategic and operational objectives.

 

Our risk management process complies with the Australian/New Zealand Standard Risk Management.

 

The risk management process has the following components:

 

i?????????? Communicating and consulting

ii?????????? Establishing the context

iii????????? Identifying risks

iv????????? Analysing risks

v?????????? Evaluating risks

vi????????? Treating risks

vii???????? Monitoring and reviewing

 

The components and the risk management process are detailed in Council?s Risk Management Plan. Everyone following the Risk Management Plan will help ensure that a consistent, systematic approach is used to manage the risks faced by Council.

 

Risk management is to be embedded in all of Council?s important practices and processes so that it is relevant, effective, efficient and sustained.

 

Responsibilities

 

Managing risk is the personal responsibility of every person in Council.

 

All staff are expected to control the risks in their areas and carry out the principles and procedures of risk management as detailed in the Risk Management Plan. All staff are to communicate honestly on risks and related internal controls, adopting a ?no surprises? approach.

 

Supervisors and managers are to ensure that:

 

i?????????? the risks, other than insignificant risks, in their area have been identified and assessed

ii?????????? appropriate internal controls are implemented and operating to mitigate those risks

iii????????? unacceptably high risks are reported immediately to their managers

iv????????? action plans for dealing with unacceptably high risks are implemented in a timely manner

v?????????? a culture of risk management is in place in their area

vi????????? all of their staff have received training in risk and control management

vii???????? the risk register for their area is reviewed at least annually

viii???????? the Risk Management Plan has been complied with insofar as it applies to them

ix????????? third parties working with their areas are familiar with Council?s risk management practices and internal controls, and comply with them

 

 

 

 

 

---oo0oo---

?


General Purpose Committee - 18 November 2009

Risk Management and Fraud and Corruption Prevention

Attachment 2

Draft Risk Management Plan

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RISK MANAGEMENT PLAN

 

 

 

Function:? Governance

 

 

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??????? Introduction

 

The formal and systematic approach to managing risks as detailed in the Risk Management Plan will help Council comply with:

 

i?????????? the requirements of the Department of Local Government

ii?????????? the requirements of the Australian/New Zealand Standard Risk Management

iii????????? the requirements of the Australian Standard Good Governance Principles

iv????????? legislative requirements, eg occupational health and safety

v?????????? the expectations of residents, ratepayers, the general public and the media

vi????????? the expectations of regulators

vii???????? sound management practices and governance principles

 

Having a formal and systematic approach to risk management is considered integral to an organisation achieving its strategic and operational objectives.

 

?Risk? is defined as the chance that something may occur that may have an impact on our objectives.

 

 

2??????? The Risk Management Process

 

The risk management process has the following components:

 

i?????????? Communicating and consulting

ii?????????? Establishing the context

iii????????? Identifying risks

iv????????? Analysing risks

v?????????? Evaluating risks

vi????????? Treating risks

vii???????? Monitoring and reviewing

 

 


2.1???? Communicating and Consulting

 

In order to set the risk appetite for Council it is necessary to understand the stakeholders? attitudes to risk. Their attitudes and information obtained from them also help ensure that the risk management process and the reporting of risk meet their requirements. Both internal and external stakeholders should be considered.

 

The views of stakeholders may be obtained from guidelines, statements and publications from stakeholders as well as consultation with stakeholders.

 

2.2???? Establishing the context

 

In establishing the context consideration is given to the internal context within Council, the external context, the risk management context, the risk criteria and the structure for the rest of the process.

 

2.3???? Identifying risks

 

This consists of identifying what can happen to affect the achievement of Council?s objectives.

 

2.4???? Analysing risks

 

For each risk identified, list the key internal controls to reduce that risk. Estimate the consequence and likelihood of that risk occurring. The consequence measures the effect on Council if the risk occurs and the likelihood measures how likely it is that the risk will occur.

 

2.5???? Evaluating risks

 

Compare the residual risk to the criteria established above (in establishing the context). If the risk is at an unacceptably high level then actions should be taken to treat the risk.

 

2.6???? Treating risks

 

Take appropriate measures to reduce the risks which are considered to be too high, down to an acceptable level.

 

2.7???? Monitoring and reviewing

 

Monitor the effectiveness of all steps of the risk management process.

 

 

3??????? Implementation and Maintenance Plan

 

The following steps should be undertaken

 

1??? Appoint a Risk Management Coordinator.

 

2??? The Risk Management Coordinator should coordinate the ?communication and consultation? and ?establishing the context? phases. This involves research and consultation and will result in information being given to the General Manager for approval.

 

a)?? Prepare a table of Council?s key external and internal stakeholders for risk management and their attitudes to risk. (see Tables A and B).

 

b)?? Prepare a table for risk criteria (Table C). This table explains to managers what they should do for the different residual risk ratings. (See the definition of residual risk below.)

 

c)?? Prepare a table of the risk categories that will be used for the risk register (Table D). The categories are useful as a prompt to help ensure that all risks are identified later. They are also useful for reviewing the risk register.

 

d)?? Prepare the consequence and likelihood tables. (Tables E and F). The benefits of these tables include that everyone then uses the same factors to rate the risks, thus making the rating process less subjective.

 

e)?? Conduct risk assessments.

 

3??? Identify the risks. Each manager should ensure that the risks in his or her area have been identified. All risks other than insignificant risks should be identified.

 

The categories in Table D may be used in the identification process.

 

4??? Analyse the risks. For each risk that has been identified list the key controls that mitigate that risk. Once the key controls have been listed rate the consequence and the likelihood of that risk occurring. You are rating the residual risk, which is the risk taking into account all of the listed key controls for that risk.

 

Table E should be used to rate the consequence.

 

Table F should be used to rate the likelihood.

 

5??? Evaluate the risks. Table C shows the actions that should be taken for each level of risk.

 

6??? Treat the risks. For overall risks that are very high or high work out an action plan to reduce the risk level, if practical. The action plan should detail what actions will be taken, who is responsible for taking those actions and the date by which the actions should be completed.

 

7??? Monitor and review. The implementation of the action plan should be monitored. All managers should ensure that the action plans for areas under their control have been fully implemented in a timely manner.

 

8??? Update risk register. The risk register should be updated at least annually. It should also be updated if there are significant changes to Council?s processes, legislation, the external environment or the internal environment. Each manager as well as the Risk Management Coordinator is to ensure that the risk register is kept up to date.

 

9??? Manage the risks. The risks and the controls to mitigate the risks need to be managed on an ongoing basis. Table C provides guidance for this. You should take measures to ensure that the key controls are operating as stated in the risk register.

 

 

4??????? Responsibilities

 

Managing risk is the personal responsibility of every person in Council.

 

All staff are expected to control the risks in their areas and carry out the principles and procedures of risk management as detailed in the Risk Management Plan. All staff are to communicate honestly on risks and related internal controls, adopting a ?no surprises? approach.

 

Supervisors and managers are to ensure that:

 

i?????????? the risks, other than insignificant risks, in their area have been identified and assessed

ii?????????? appropriate internal controls are implemented and operating to mitigate those risks

iii????????? unacceptable high risks are reported immediately to their managers

iv????????? action plans for dealing with unacceptably high risks are implemented in a timely manner

v?????????? a culture of risk management is in place in their area

vi????????? all of their staff have received training in risk and control management

vii???????? the risk register for their area is reviewed at least annually

viii???????? the Risk Management Plan has been complied with insofar as it applies to them

ix????????? third parties working with their areas are familiar with Council?s risk management practices and internal controls, and comply with them

 


The Risk Management Coordinator is to:

 

i?????????? coordinate the implementation of the Risk Management Plan

ii?????????? monitor that risk registers have been completed for each area of Council

iii????????? report regularly to the General Manager on risk management in Council

iv????????? monitor that risk registers are updated regularly, at least annually

v?????????? liaise with appropriate managers in Council to help ensure that risk management is integrated into Council?s regular processes and activities

vi????????? provide advice on risk management

vii???????? liaise with the training area to ensure that training is provided to all staff on risk and control management

 

The Human Resources Manager is responsible for ensuring that risk management is incorporated into appropriate position descriptions, hiring criteria and performance evaluation criteria.

 

Managers responsible for annual planning are to ensure that risk management is incorporated into the planning process.

 

The General Manager is responsible for risk management across Council.

 

 

5??????? Definitions

 

Consequence:?????????????? The effect that a risk will have on Council. This measures how Council will be affected if the risk occurs.

 

Likelihood:???????????? How likely or probable it is that the risk will occur.

 

Residual risk:??????????????? Risk remaining taking into account the controls in place to mitigate that risk.

 

 

6??????? Relevant Policies and Documents

 

Risk Management Policy

 

Australian/New Zealand Standard 4360:2004 Risk Management

 

HB 436:2004 Risk Management Guidelines, Standards Australia

 

 

?
Table A

External Stakeholders

 

Stakeholder

Risk Category of Interest

Details of Risk Attitude

Notes

Independent Commission Against Corruption

Corruption

Adequate controls will be in place to deal with corruption risks and ensure probity

 

Ombudsman

Maladministration

Adequate processes and training will be in place to deal with risks of maladministration and ensure probity

 

Department of Local Government

Administration of Local Government Act 1993

Adequate measures to ensure sound governance and administration of Act.

 

WorkCover NSW

Accidents and safety, bullying

Risk management processes and training to address OH&S and bullying risks.

 

Rural Fire Service

 

 

Fire

Adequate controls to address fire risks, particularly in planning.

 

Minister for Local Government

 

Political and reputation

Adequate controls in place to address State political and reputation risks

 

Ratepayers and residents

Financial, service delivery, rates

Adequate controls and processes to address risks of inadequate services and unnecessarily high rates and charges

 

Anti-Discrimination Board of NSW

Discrimination

 

Adequate training, culture and processes to deal with risks of discrimination

 

Local media

Reputational, fraud, corruption, unethical conduct, wastage, poor performance in service delivery, etc.

Adequate controls and processes to deal with risks that show Council is wasteful, incompetent or unethical

 

?


 

Table B

Internal Stakeholders

Example

 

 

Stakeholder

Risk Category of Interest

Details of Risk Attitude

Notes

Privacy Contact Officer

Privacy risks

Expects compliance with the privacy legislation, Code and management plan.

 

OH&S Manager

OH&S

Expects compliance with OH&S legislation, WorkCover requirements, etc.

 

Anti-Corruption Coordinator

 

 

Corruption

Expects internal controls in place to prevent and detect fraud and corruption.

 

Human Resources Manager

Bullying, misconduct,? Breaches of HR policies

Deals with breaches of rules relating to misconduct and helps ensure that adequate measures and cultures are in place to ensure compliance with HR policies.

Needs to know of training requirements to ensure sound risk management occurs in Council.

 

Finance Manager

 

Fraud, financial mismanagement

Expects sound financial management, needs to be informed of any fraud or financial mismanagement

 

Internal auditor

Corruption, fraud, probity breaches, operational inefficiencies, internal control breakdowns, etc.

Needs to be informed of any breeches, control breakdowns, etc.

 

 

 


Table C

Risk Criteria and Conduct

Example

 

Overall Risk Rating (Residual Risks)

 

Conduct by Manager

 

Notes

 

Very High

Inform your Director and General Manager of risk details when your risk register is prepared or updated.

 

If practical, prepare an action plan to reduce the risk to below 20.

 

If the risk rating stays at 20 or above, manage the risk and controls to reduce it as a matter of priority. This management of this risk must be ongoing and its review frequent.

 

Report monthly or quarterly to your manager and Director on the management and control of the risk.

 

 

High

Inform your Director of risk details when your risk register is prepared or updated.

 

If practical, prepare an action plan to reduce the risk to below 16.

 

If the risk rating stays at 16 or above, manage the risk and controls to reduce it as a matter of priority. This management of this risk must be ongoing and its review frequent.

 

Report monthly or quarterly to your manager and Director on the management and control of the risk.

 

 

Medium

If it is cost effective to reduce the risk, take actions to reduce it. Otherwise tolerate the risk and control as part of normal management and internal control activities.

 

 

Low

If it is cheap and easy to reduce the risk, take actions to reduce it. Otherwise tolerate the risk and control as part of normal management and internal control activities.

 

 


Table D

Risk Categories

Example

 

 

 

Category

 

 

Explanation

 

Notes

 

Safety

 

Includes public safety, staff safety, physical and psychological

 

 

Service Delivery

 

 

This covers the delivery of all Council services, including regulatory functions and enforcement activities. It covers the efficiency and effectiveness of operations.

 

 

Fraud and Corruption

 

 

This covers theft, fraud and corruption. The ICAC Act definition of corruption is used, i.e. to include partial conduct, dishonest conduct, misuse of position, etc. that could result in disciplinary action or amount to a criminal offence.

 

 

Regulatory and Legal

 

 

This covers any legal actions against Council, eg. duty of care issues, contract violations, actions by the public, etc. It also covers any actions against Council by regulatory authorities.

 

 

Political

 

This covers political risks against Council.

 

 

Reputation

 

 

This covers risks to the good reputation of Council, whether from the media or other sources.

 

 

Financial

 

This covers financial losses or threats to sources of financial revenue for Council.

 

 

Environmental

 

This covers risks to the environment.

 

 

Other

 

 

This covers any risks that have not been covered in the above categories.

 

 

 

 


Table E

Consequence Table

 

Level

Descriptor

Description

 

5

 

 

Catastrophic

 

 

 

 

 

Death of a person.

Dismissal of General Manager.

Threat to continuation of Council.

Financial loss of over $1 million.

Sustained extremely negative state or national media attention.

Serious prosecution of Council.

 

 

4

 

 

Major

 

 

 

 

 

Serious injury requiring hospitalisation.

State or national negative media attention; or local negative media comments for more than two weeks.

Serious medium term environmental damage.

Financial loss of $500,000 to $1 million.

 

 

3

 

 

Moderate

 

 

 

 

 

Injury requiring brief hospitalisation.

Negative local media attention lasting up to two weeks.

Negative reports or comments from regulators, but no follow up action likely or negative consequences likely.

Financial loss of $200,000 to $500,000.

 

 

2

 

 

Minor

 

 

 

 

 

Minor injury requiring treatment.

Mild negative local media attention.

Mild negative regulatory attention.

Financial loss of $50,000 to $200,000.

 

1

 

 

Insignificant

 

 

 

Financial loss to $50,000.

Other insignificant damage to Council.

 

?

 


Table F

Likelihood Table

Example

 

Level

Descriptor

Description

 

5

 

 

Almost certain

 

 

 

 

 

The risk is expected to occur in most circumstances.

 

 

4

 

 

Likely

 

 

 

 

 

The risk will probably occur in most circumstances.

 

 

3

 

 

Possible

 

 

 

 

 

The risk should occur at some time.

 

 

2

 

 

Unlikely

 

 

 

 

 

The risk could occur at some time.

 

 

1

 

 

Rare

 

 

 

 

 

The risk will only occur in exceptional circumstances.

 

 

 

 

 

 

---oo0oo---

?


General Purpose Committee - 18 November 2009

Risk Management and Fraud and Corruption Prevention

Attachment 3

Draft Risk Register

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

RISK REGISTER

 

 

 

 

Risk

Key Controls

Consequence

Likelihood

Total Risk

G

76

Security of water supply ? drought security, population increase, ability to host new industry [4]

 

Action Plan

Alternate off stream water storage

Implementation of Integrated Water Cycle Management Plan

Planning restrictions on growth

 

Drought Management Plan

Maintained a permanent level 1 water restriction

Rebates on water saving devices

 

5

 

4

 

20

G

77

Viability of the Council from Water and Sewer being removed from Council control ? financial loss [4]

 

Action Plan

Demonstrate compliance with best practice

Involve the community to help lobby the government

 

Submissions to the minister

Lobbied adjacent councils

Assessed impacts on Council

 

5

 

4

 

20

G

12

Injury to livestock handlers at saleyards [1]

 

Action Plan

 

Consider disposal of facility via long term lease

Exercise conditions in licence agreement

Implement OH&S procedures at site

 

Insurance by licensee

Insurance

Induction

Vaccination against Q fever

Design of infrastructure

Designated loading and unloading points and procedures

Barriers

Signage

Lighting

 

4

4

 

16

G

31

People ignoring IT security policies ? eg. passwords are told to other people leading to a loss of accountability; people not logging out when leaving their computer ? [1]

 

 

Action Plan

 

Enforce policy and procedures

Education

Implementation of automatic log outs and password changes

 

Policies

Induction training

Emails to employees from Manager of information technology

 

4

 

4

 

16

G

65

Landslips ? injury and property [3]

 

 

Risk Management Plan developed for urban landslips ? 6 year rolling plan

Maintenance of drains

Engaged consulting engineers to address known problem areas

Building approval assessments

 

4

 

4

 

16

G

10

Injury, death etc. through people not following OHS requirements [1]

 

 

 

Documentation eg safety management plans, emergency procedures manuals, SWMS, SOPs

Formal risk assessments

Training including induction

Supervision

Contractor management ? insurances, licences

 

5

 

3

 

15

G

28

Council officials behaving contrary to Council?s charter [1]

 

 

 

Training in roles and responsibilities under the Act

Code of Conduct

Conduct Committee

Disciplinary process

Legal sanctions

 

3

 

5

 

15


 

F

29

Unauthorised changes to data or access to information through unauthorised access to IT system. [1]

 

Action Plan

 

Automatic logging out

 

Firewall

Passwords

Physical access controls

Policy

 

5

 

3

 

15

G

38

Intimidation, assault, of regulatory staff [2]

 

Training in handling difficult clients

Pairing up if perceived risk

Flagging of high risk clients

Diary and out of office board

Colleagues monitoring activities

Police involvement

 

5

 

3

 

15

G

40

Injury/assault of children in care [2]

 

Risk Assessments

Staff undergo police checks

Volunteers undergo working with children checks

Supervision ratios

Permission notes

Staff training

First aid training and equipment

Mobile phone/communication

Venue selection

Contractor management and insurance

 

5

 

3

 

15

G

41

Injury/fatality at community events [2]

 

Special event application process

Evaluation of risk assessment

Special event guidelines

Consultation with insurers

Policy, regulations, legislation

 

5

 

3

 

15


 

G

42

Staff safety undertaking their field duties [2]

 

Site assessment OHS checklist

SOP?s, SWMS, PPE

Policies

License checks

Legislation

Safety Management Plans

Site inductions

Workers Compensation insurance

Contractor management

Communications

Diaries and out of office boards

Pairing up for high risk sites

Vehicle safety checklists

Hazard ID sheets

Incident reports

 

5

 

3

 

15

G

48

Causing ecological or environmental damage [3]

 

Part 5 assessments

EIS for major projects

Threatened species assessments

Design of environmental controls

Set up of site eg physical controls

Monitoring of control measures

Permits eg fisheries, lands

Training

Taking climate into account

External advisors as required

Monitoring by supervisors

External monitoring on some projects by other agencies

Public scrutiny

 

5

 

3

 

15

F

11

Misuse of Council resources eg fuel, stock, plant and equipment [1]

 

 

 

Code of Conduct

Training

Specific policies eg vehicle agreements

Stock take

Supervision

Records

 

3

 

4

 

12


 

G

13

Armed hold up (cash handling) [1]

 

Action Plan

 

Design of front counter including barriers

Procedures written and enforced

Investigate collection by Armaguard

 

Security cameras

Front counter (barrier)

Encourage people to pay electronically

Collection agencies eg BCU

Duress alarm

Training

 

4

 

3

 

12

G

14

Aggressive customers [1]

 

 

 

Duress alarms

Interview room with one-way glass

Access security

Security camera

 

4

 

3

 

12

F

21

Fraud and corruption in obtaining quotes (other than tenders) [1]

 

 

 

Procurement policy

Code of Conduct

Monitoring of expenditure

Delegations of authority

Supervision

 

3

 

4

 

12

G

23

Non-compliance with requirements for grant funds [1]

 

 

 

Reporting and acquittal process

Manager checks grant is complied with

Funding body following up, auditing etc

Key milestones

 

3

 

4

 

12

F

26

Improper disclosure of personal information (privacy protection) [1]

 

 

 

Legislation

Privacy Management Plan

Code of Conduct

Induction

Security of information (access controls etc)

Supervision

 

4

 

3

 

12

F

27

Misuse and improper disclosure of confidential Council information [1]

 

 

 

Legislation

Code of Conduct

Induction

Security of information (access controls etc)

Closed Council meetings

 

3

 

4

 

12


 

F

36

People give inaccurate information in applications [2]

 

Professionalism of providers

Cross checking of information to Council held data

Site inspections

Critically evaluate information provided

Seek peer reviews if appropriate (external)

Public scrutiny including submissions process

Checklists

 

4

 

3

 

12

G

50

Injury or fatality at a playground [3]

 

 

Inspection regime

Upgrades to comply with Australian Standards

New equipment complies with Australian standards

Qualified and trained staff undertaking inspections

Public scrutiny

Maintenance

All head and finger entrapments have been removed

 

4

 

3 for injury requiring hospitalisation

 

12

G

51

Flood impact on infrastructure [3]

 

 

Building to standard eg bridges, roads

Load limit restrictions

Road closures

Strategic planning

Liaison with other government agencies eg SES

Communication with community

 

5 Exceptionally large or multiple events

4 Normal flood event

 

2 Exceptionally large or multiple events

3 Normal flood event

 

12

G

53

Injuries from accidents during traffic control ? public and staff [3]

 

 

Policy, procedures, risk assessments, compliance with standards

Training

Legislation

Supervision

Fit for duty

Contractor management - OHS documentation, insurances

External insurance

External auditing

Traffic Control Plans

Qualified persons to set up

Pedestrian control

 

4

 

3

 

12

G

56

Council does not have the appropriate mix and number of staff required [3]

 

Apprentices and trainees

Training

Progression plan

Skills list

Use of contractors

 

3

 

4

 

12

G

69

Off target damage from herbicides/pesticides [3]

 

 

SOP?s, SWMS,

Register of organic producers

Choice of chemicals

Use of drift retardants

Stem injection where possible

 

4

 

 

3

 

12

G

64

Injuries on footpaths [3]

 

Annual inspection of network

Recording of hazards in the Maintenance Management System

Increased the maintenance budget

Increased the standard of the new footpaths

Insurance

Grinding trip hazards

Replacement program

Pedestrian Access Mobility Plan (PAMP)

Access Committee

Complaints from the public

 

3

 

3.5

 

11

G

2

Drowning at swimming pool [1]

 

 

 

Documented safety practices

Training of staff

Lifeguard on duty

Emergency response practices

Equipment, eg defibrillator

Security measures eg man-proof fences

 

5

 

2

 

10

G

3

Injury on Council premises (indoor) [1]

 

 

 

 

Training

Equipment

Documented safety procedures, risk assessments, hazard id checklists

Supervision

 

5

 

2

 

10


 

F

4

Misappropriation of funds (investments) [1]

 

 

 

Covered by legislation and Council policy

Council makes decision on where investments can be made

Two signatories

Delegations of authority

Three quotes

Reputable investment third parties

Monthly report to Council

Regular reports from external parties

Daily monitoring of investments and cash flow

External auditors

 

5

 

2

 

10

G

7

Vandalism to Council property (land and buildings) [1]

 

Security and surveillance

 

2

 

5

 

10

G

35

Inappropriate decisions made about applications under delegation [2]

 

Checklists

Sign of by supervisor

Standard set of conditions

Council policies and Development Control Plans

Technology eg specialised measuring devices, inclinometer

 

5

 

2

 

10

F

43

Misuse and improper disclosure of information eg privacy, confidentiality [2]

 

Policies, legislation, code of conduct, public officer

Record management

Training

Delegations

Customer relationship management

CCTV

 

5

 

2

 

10

G

44

Fines/penalties and improvement and other notices not issued when appropriate [2]

 

SOP?s for companion animals, unauthorised development, septic tanks, licensing

Contractor Management

Improvement notices

Penalty notices

Inspection reports

Contract with service providers

Public scrutiny

Annual review of contractors

 

5

 

2

 

10

G

46

Failure to plan for environmental impacts [2]

 

Strategic planning

Policies, regulations, legislation, guidelines

Inter-government agencies

LEP?s, DCP?s

Structure Plan

Assessment processes

Public consultation

Community involvement

 

5

 

2

 

10

G

47

Fatality or injury as a result of Council actions eg construction, traffic control, design, faulty plant and equipment, poor handling practices. [3]

 

 

Policy, procedures, risk assessments, compliance with standards

Training

Legislation

Supervision

Fit for duty

Contractor management ? OH&S documentation, insurances

External insurance

External auditing

 

5

 

2

 

10

G

49

Fire in a Council owned public building causing injury or death

[3]

 

Action Plan

 

Pre-function emergency briefings

Isolate flammable materials

Suitable building construction

Vermin control

Electrical inspections

 

Annual Fire Safety Statement

Fire fighting equipment

Essential fire safety measures

Evacuation plans

Upgrade of all essential fire safety measures by CHUBB

 

 

5

 

 

2

 

10


 

G

72

Contamination of water supply at source? accidental or intentional [4]

 

Action Plan

Alternative supply or storage

 

Local Environment Plan for the catchment area

Daily monitoring of water quality for specific contaminants

Testing in accordance with the Dept of Health requirements

Security ? Man proof fencing, alarmed and monitored

 

5

 

2

 

10

F

25

Fraud in fees and charges receivable [1]

 

 

 

Adopted Fees and Charges (Revenue Policy)

Supervision

Monitoring

 

3

 

3

 

9

G

52

Dealing with irate and abusive members of the public - threat of violence [3]

 

Mobile phones ? limited coverage

UHF radios ? limited coverage

Inform people of movements

Training

 

3

 

2 Likelihood of actual violence

3 Likelihood of threat of violence

 

9

G

54

Damage or injury to people or property from brush cutting and mowing operations [3]

 

 

SWMS, SOP?s, Risk Assessments, PPE

Signage

Flashing lights

Planning times to undertake works

Supervision

Equipment guards

Training

Traffic control

 

2.5

 

3.5

 

9

G

55

Psychological injury or serious stress to employees resulting in time off work [3]

 

Action Plan

Counselling

Increase staffing

Training for managers

 

Communication

Code of Conduct

Grievance procedures

Counselling

 

3

 

3

 

9


 

G

68

Health risk in public conveniences as a result of infection [3]

 

Daily cleaning

Sharps containers

Inspections

Public scrutiny

Regular maintenance

Staff are entitled to inoculations

SWMS, SOP?s, PPE

 

3

 

3

 

9

G

70

Environmental pollution of a waterway from the Sewerage Treatment Plant [4]

 

Monitoring of river water quality

Monitor effluent quality and quantity being discharged

Management of Treatment Plant

Training

Plant upgrading program

Plant licensing requirements

Annual performance reports to EPA , Dept of Water and Energy

Supervision

 

4 Dry weather

3 Wet weather

 

2 Dry weather

3 Wet weather

 

9

G

73

Pump station overflow ? pollution of water course [4]

 

By-pass pumping capability

Telemetry monitoring

Overflow storage

Weekly inspections

Security ? varies dependant on site

Procedures

Clean up procedures

 

3

 

3

 

9

F

19

Allegations of fraud and corruption about tender process eg from unsuccessful tenderers [1]

 

 

 

Legislation and regulations

Procurement policy and procedure

Council decision on tenders over $150K

Electronic process (Tenderlink)

Tender panel

Tender box

Evaluation criteria

Records staff manage receipt and opening of tenders

Three written quotes under $150K

 

2

 

4

 

8


 

F

22

Fraud and corruption in general purchasing (i.e. purchases under $10000) [1]

 

 

 

Procurement policy

Code of Conduct

Monitoring of expenditure

Delegations of authority

Supervision

 

2

 

4

 

8

G

45

Council does not receive what it is entitled to for Planning Agreements and development contributions [2]

 

Legislation

Policies

Fees and charges

Public scrutiny

Section 94 Officer

Corporate services handle the collection of the Section 94 contributions which are allocated to a specific account

 

4

 

2

 

8

F

57

Unauthorised use of Council resources [3]

 

Code of Conduct

Training

Private use is not permitted

Supervision

Whistle blowing

Public scrutiny

Declaration of secondary employment

Identification of staff - uniforms

 

2.5

 

3

 

8

G

74

Failure to supply potable water to Australian Drinking Water guidelines [4]

 

 

Headwork?s treatment equipment

Daily monitoring of water quality parameters

Backflow prevention devices

Procedures for flushing mains

Sealing and vermin proofing reservoirs

Public scrutiny

Training and procedures for repairing broken mains

Provide advice to contractors

Section 68 Approval process

Annual mains replacement program

 

2.5

 

3

 

8


 

G

75

Health of employees ? contraction of disease [4]

 

Vaccinations

SWMS, SOP?s, PPE

Training

Supervision

 

4

 

2

 

8

F

32

Bribery or partiality in the development application process. [2]

 

Disclosures of interest form

Meetings in a group with applicants for major developments

Supervision

Delegations

Involvement of other departments within Council

Assessment sheets

Public scrutiny

Policies

Call in process by elected representatives

 

3.5

 

2

 

7

F

5

Investment income being misappropriated [1]

 

 

 

 

Budget reviews

Covered by legislation and Council policy

Council makes decision on where investments can be made

Delegations of authority

Monthly report to Council

Regular reports from external parties

External auditors

Reputable investment third parties

 

3

 

2

 

6

G

6

Damage to Council property (land and buildings) eg lessees/hirers not adequately maintaining property [1]

 

 

 

 

Terms of lease, licence or hire agreement

Condition reports

Regular inspections

Contract management

Committee decision/Council resolution

Insurances from lessees

Lessee report

Consideration of circumstances

 

3

 

2

 

6


 

F

8

Cash misappropriated eg cashier, mail, petty cash, waste facility, libraries, grader operators, s355 committees (eg Gumma reserve) [1]

 

 

 

 

Policies and procedures

Supervision

Reconciliations

Two people open mail

Complaints from customers

Each cashier has separate log-in and till at administration centre

Job rotation of cashiers

Receipt books for grader operators and s355 committees

Some computer generated receipts (eg admin centre and waste facility)

Petty cash controls

 

2

 

3

 

6

F

9

People purchasing items for their own purposes (foreign orders) [1]

 

 

 

Stores consider reasonableness of purchases

Authorisation of purchase orders

Goods received dockets

Sign off of receipts

Access controls to purchasing system

Delegations of authority

Procurement policy and procedures

Security of store

 

2

 

3

 

6

F

15

Fraud through payroll process ? paying people who are not employed by Council (ghosts on the payroll) [1]

 

 

Each Director signs off weekly pay run

Another officer processes electronic funds transfer

Accountant and Manager HR inspect names being paid

Timesheets and leave applications are authorised

Manager Human Resources oversees payroll

Small number of employees

Limit on funds transfer

 

3

 

2

 

6

F

20

Collusion amongst suppliers [1]

 

 

 

Industry awareness

Tendering process

Probity statement for tenders

Statement of Business Ethics

 

2

 

3

 

6


 

G

37

Inconsistent interpretation and/or application of policies, regulations and legislation [2]

 

 

Policies, regulations, legislation

All complaints are logged (MERIT/TRIM)

General Managers/supervisor audit of MERIT

Delegations

Supervision

Public scrutiny

SOP?s

Ranger duty book

Inspection sheets

General documentation

Diary

 

3

 

2

 

6

F

58

Corruption in the hiring or use of contractors [3]

 

Tender process

Procurement policy and guidelines

Code of Conduct

Other contractor scrutiny

 

3

 

2

 

6

F

59

Corruption in the selection of approved panel contractors (once they are on the list) [3]

 

Price ranking

Complaints from other people on the list

?Pub talk?

 

2

 

3

 

6

F

61

Theft of Council materials, plant and equipment [3]

 

 

Security fencing at certain sites

Depot ? Alarm, security fencing, security guard inspections

Lockable tool boxes

Vandal covers on plant items

Annual stock take

Insurance

Fuel consumption records

Police reports

 

2

 

3

 

6

F

66

Corruption in the disposal of scrap and waste [3]

 

Stockpile at depot for sale

Sale is authorised by management

Purchased through the store with a receipt issued

Supervision on site

Sale of items on site eg timber from bridge via stores

 

2

 

3

 

6


 

G

67

Injury through the use of boat ramps [3]

 

Monthly inspections

Monthly cleaning

Regular maintenance

Upgrades

Works recorded in Maintenance Management System

Register of maintenance and cleaning

 

2

 

3

 

6

G

71

Personal safety for employees - confined space works [4]

 

 

Training

Gas monitoring equipment

SWMS, SOP?s, PPE

Safety equipment

Confined space entry permits

 

5

 

1

 

5

F

17

Fraud through accounts payable system [1]

 

 

 

Matching of invoice, order and proof of receipt

Segregation of duties (somebody inputs the information; somebody else checks it)

Access controls

Policies and procedures

Another office does the electronic funds transfer

Two signatures on cheques

Weekly management reports (actual vs budget)

External audit

 

2

 

2

 

4

F

18

Fraud and corruption through the tendering process [1]

 

 

 

Legislation and regulations

Procurement policy and procedure

Council decision on tenders over $150K

Electronic process (Tenderlink)

Tender panel

Tender box

Evaluation criteria

Records staff manage receipt and opening of tenders

Three written quotes under $150K

 

2

 

2

 

4


 

G

34

Inconsistency of information required in applications [2]

 

Checklists with application

Checklists with application by Counter staff

Preliminary assessment checklist

Internal and external referral process

DA assessment sheets

Signed off by processing officer and manager

 

2

 

2

 

4

F

60

Corruption in collection of monies for grading private works [3]

 

 

Receipt issued by operator

Supervision

Time sheets

Cross reference of time sheets and receipts in accounts

Official receipt sent from Council

Fixed hourly rate

Works agreement is signed

Public scrutiny

 

2

 

2

 

4

F

63

Contractors overcharging [3]

 

Invoices checked for proof of service provided

Manager Civil Works checks invoices

Worksite inspections

Public scrutiny

Accounts section scrutinises rates charged

Contractor performance reviews

Delegations

 

2

 

2

 

4

G

1

Total IT system shut down eg electrical failure, server breakdown [1]

 

Back up power source

Certified hardware specified for low failure rate

Back up servers

Business Continuity Plan

Regular backups on tape

Ongoing maintenance and management of system

 

3

 

1

 

3

 

G

30

Information leakage through information storage devices ? eg. loading data disks, memory sticks, etc. ? unintentional disclosure [1]

 

Policy

induction

 

3

 

1

 

3

G

39

Bodies improperly buried [2]

 

 

Interment certificate/application process

Historic and current records

Legislation

Funeral home involvement

 

1

 

2

 

2

F

62

Misappropriation or theft of fuel [3]

 

Pin numbers

Odometer readings

Monitoring of accounts ? rate of consumption compared against similar vehicles

Locks on petrol caps for most vehicles

 

1

 

2

 

2

F

16

People paid excessive amounts through payroll [1]

 

 

 

Each Director signs off weekly pay run

Another officer processes electronic funds transfer

Accountant and Manager HR inspect names and amounts being paid

Manager Human Resources oversees payroll

Small number of employees

Limit on funds transfer

 

1

 

1

 

1

F

24

Fraud in the rates process [1]

 

 

 

Legislation

Valuations

Council ?makes the rates?

Information input direct from Valuer General

Reconciliations

Checking by ratepayers

 

1

 

1

 

1

F

33

Fraud and corruption in fees for development [2]

 

Lodgement process requires fees to be paid before applications are accepted

Review of construction costs

Fees and charges are set annually and are a public document

Legislation sets some fees

Copy of receipt from cashiers is attached to application documentation

Audit at completion of each application

Inspectors note fee on the application form

 

1

 

1

 

1

 

Notes

 

G = General Risk

F = Fraud or corruption risk

?


General Purpose Committee - 18 November 2009

Risk Management and Fraud and Corruption Prevention

Attachment 4

Circularised Document - Fraud & Corruption Prevention Strategy

 

 

 

 

 

CIRCULARISED DOCUMENT

 

 

Risk Management and Fraud and Corruption Prevention

 

 

 

??


General Purpose Committee

18 November 2009

Director Environment & Planning's Report

ITEM 10.1??? DA2009/182????? 181109???????? Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

 

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

 

Summary:

 

The site of the proposed boundary adjustment comprises two large lots (lot 9 & 10 DP 1033603) situated at the southern entrance to Scotts Head. The land includes multiple rural and environmental zones, but is presently undeveloped and vacant. The proposed boundary adjustment involves a transfer of approximately 14 hectares of land from lot 10 to lot 9, resulting in the area of lot 9 being increased to 40 hectares, which will permit the erection of a dwelling house pursuant to clause 14 of NLEP 1995. A dwelling envelope is proposed to be located within an area of elevated land above Ocean Ridge Drive which is zoned 7(f) Environmental Protection (Coastal Lands). The dwelling site is situated in a prominent coastal landscape and enjoys scenic views over Scotts Head and the Pacific Ocean. The application has attracted four (4) submissions from adjoining landowners, objecting to the development of the land, because of perceived adverse impacts on the natural environment and sites of Aboriginal cultural heritage significance.

 

The application was ?called in? by Councillors Flack and Smyth.

 

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

 

 

Recommendation:

 

1????????? That Development Application 2009/182 be determined by granting consent subject to the conditions attached to this report and including any changes made under the delegation of the Director of Environment and Planning.

 

2????????? That as part of Draft Local Environmental Plan 2009 (DLEP 2009), Council support the inclusion of an additional 14 hectares of land into the E3 Environmental Management zone, as shown highlighted on the approved subdivision plan.

 

 

OPTIONS:

 

If Council believes that the environmental impacts resulting from the boundary adjustment or location of the proposed building envelope is sufficient cause for concern, then it has the option to refuse the application. Council would need to identify its grounds for refusal and be prepared to defend its decision. ?

 

 

PROPOSAL

 

The Site

 

The subdivision site forms part of a large area of coastal land which has frontage to Scotts Head Road and Grassy Head Road and has multiple land use zones including 1(a1) Rural-Residential, 1(a2) Rural (Prime/Flooding), 1(d) Future Urban, 7(b) Environmental Protection (Vegetation Conservation) and 7(f) Environmental Protection (Coastal Lands). The land has been the subject of several environmental studies carried out in the last 10-15 years by Council and the landowners to support previous development applications as well as guiding proposed zoning changes. The studies identified areas of land which are considered suitable for urban development as well as identifying several sites of Aboriginal significance.

 

The whole of the land has been investigated for its potential as a future urban release area, and part of lot 10, comprising 27 hectares has been nominated as a proposed future urban release area in the Mid North Coast Regional Strategy.

 

The 14 ha area of land proposed to be transferred from lot 10 to lot 9 is currently zoned 1(d) Future Urban, although regional scale constraints mapping used by the Department of Planning for the Mid North Coast Regional Strategy has identified this 14 ha area of land as unsuitable for future urban development.

 

 

The Development

 

The proposal involves a boundary adjustment between two lots, resulting in lot 9 increasing in area to 40ha, which will permit the erection of a dwelling house. The dwelling site is located in a prominent area which overlooks Scotts Head and is within 200 metres of the coastal escarpment. While the site is subject to coastal processes, it is unlikely to be subject to any issues relating to sea level rise or coastal instability, because of its height above sea level and underlying rock formation.

 

Access to the proposed building envelope will involve the construction of a private driveway from Ocean Ridge Drive. An effluent disposal report was submitted with the application confirming that the land is suitable for on-site effluent disposal. As the site is located in a sensitive coastal environment, it is recommended that reticulated water and sewer services be extended to service the erection of a future dwelling house, thereby eliminating any likelihood of pollution from an on-site effluent disposal system.

 

 

CONSULTATION

 

Internal Referrals

 

Department Engineering Services

 

No objections are raised to the proposal subject to the imposition of a number of conditions of consent addressing access and servicing of the land.

 

Health and Building

 

No objections are raised to the proposal subject to the imposition of a number of conditions of consent. The application was supported by geotechnical reports which confirmed the adequacy of the land for on-site effluent disposal, however in this instance it was considered that the future dwelling should be connected to reticulated water and sewer services to eliminate any potential adverse environmental impacts.

 

Government Departments

 

NSW Rural Fire Service

 

The proposal was referred to the NSW Rural Fire Service (RFS) and approval was granted under section 100B of the Rural Fires Act, subject to standard conditions.

 

Department of Planning

 

The application was referred to the DoP as the site is within an Environmental Protection Zone 7(f) (Coastal Lands) and the dwelling envelope is also within a coastal hazard area, which is subject to clause 20(2) of NLEP 1995. Clause 20(2) requires the concurrence of the DoP and consideration of issues including access to the land, scenic qualities of the landscape and coastal processes. In response to Council?s notification, the DoP correctly noted that recent reforms to planning legislation had removed the concurrence role of the Department and on this basis they did not wish to make any comment on the proposal.

?


Local Aboriginal Land Council

 

Unkya LALC were notified of the application and specific reference was made in Councils notification to the existence of a mythological site which is partly located on the subject land and adjoining crown land and within 350m of the proposed dwelling site. Further email correspondence was sent to UNKYA LALC enquiring whether they wished to make any comments before the application was determined, however no formal submission was made to the application.

 

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

 

a(i) The Provisions Of Any Environmental Planning Instruments

 

Nambucca Local Environmental Plan 1995

 

Clause 11 and 12 - Zoning and Lot sizes

 

The subdivision of the land by adjusting common property boundaries and the erection of a dwelling house are both activities which are permissible with Council?s development consent. Following the boundary adjustment, lot 10 will decrease in area from 126 ha to 112 ha, while lot 9 will increase in area from 26 ha to 40 ha.

 

7(f) Environmental Protection (Coastal Lands)

 

Amended Clause 20(1) applies to the development of land within the 7(f) Environmental Protection zone and requires Council to consider amongst other things, the scenic impacts of the development, coastal erosion processes, impacts to the natural environment and public access to foreshore areas.

 

Each of these issues has been considered in this planning report and it is concluded that the development of the land will not adversely impact on any of the issues relevant under Clause 20 of NLEP 95.

 

SEPP 44 ? Koala Habitat

 

An ecological assessment was undertaken by Darkheart Eco-consultancy over the land to determine its vegetation characteristics. The assessment concluded that the subdivision site generally comprises Dry Sclerophyll Forest with Coastal Scrub and Maritime Grasses predominant on the eastern edge. It was concluded that the land has been extensively logged and cleared at various times and been used for grazing of cattle and therefore the site did not constitute core koala habitat. It was noted that the development as proposed would not result in the loss of any potential forage trees likely to be located in the Dry Sclerophyll Forest.

 

SEPP 71 ? Coastal Protection

 

The proposal site is contained within the coastal zone as identified in this policy. However the proposal is not listed as significant development (Schedule 2) or within a coastal sensitive location. Therefore there is no requirement for a master plan to be prepared.

 

Clause 8 of the SEPP is however relevant as it requires the consent authority to consider a range of matters when determining a development application and when development occurs on land to which the SEPP applies. These matters have been individually assessed and it is concluded that the boundary adjustment and likely erection of a dwelling house contained within the nominated dwelling envelope, will not be contrary to the objectives of the SEPP.

 

NSW Coastal Policy

 

The Coastal Policy was prepared to co-ordinate the management of the coast by identifying, in a single document, the State?s various management policies, programs and standards as they apply to a defined coastal zone. The NSW Coastal Policy has as its central focus the ecologically sustainable development (ESD) of the NSW coastline. This is in recognition of the fact that the coast is the focus of intense pressures from human activity and that there are a large range of competing interests for its resources.

Although the Proposal does occur within the coastal zone the proposed development is not inconsistent with the NSW Coastal Policy.

 

North Coast Regional Environmental Plan 1988

 

The NCREP requires Council to consider the development within the context of a sensitive coastal landscape. In this regard the issues for consideration are similar to Clause 20 of NLEP 1995. In summary it is considered that the development will not have any significant adverse impact on the natural environment, nor is it incompatible with existing residential settlement patterns which are apparent on adjoining land serviced by Ocean Ridge Drive.

 

a(ii) The Provisions Of Any Draft Environmental Planning Instrument

 

Draft Local Environmental Plan (DLEP 2009) is currently on exhibition and applies to the site and the proposed development.

 

DLEP 2009 will result in a ?best fit? transfer of zones from NLEP 1995 to incorporate the requirements of the standard template. In this instance land zoned 7(f) Environmental Protection will be zoned E3 Environment Management. Land zoned 1(d) Future Urban will be zoned R2 Rural Landscape.

 

The objectives of the E3 zone are

 

????????? To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

? ??????? To provide for a limited range of development that does not have an adverse effect on those values.?

 

It is considered that the E3 zone is an appropriate zone for the land which recognises its environmental sensitivity and restricts its development potential accordingly. On this basis, it is further recommended that Council support the inclusion of the additional 14 hectares of land to be transferred and consolidated into lot 9, as E3 Environmental Management.

 

Should Council support this recommendation, DLEP 2009 will require a minor amendment following its exhibition. The applicant for the proposal has been consulted about this matter and on behalf of the landowner, no objection was raised to the inclusion of this land into an environmental management zone as part of DLEP 2009.

 

 

a(iii) Any Development Control Plan

 

DCP(4) - Subdivision

 

Both of the lots have frontage to public roads, and are of a sufficient size to accommodate a range of development options. The size and position of the building envelope on lot 9, has been designed to minimise impacts to the natural environment, by being located in an area largely devoid of significant coastal vegetation including the themeda grasslands. In addition the new access driveway to the proposed building envelope on lot 9, will be located over an existing dirt access track, to minimise clearing and disturbance to the natural environment.

 

a(iv) Any Matters Prescribed By The Regulations

 

b????????? The Likely Impacts Of The Development

 

Environmental impacts

 

The site has high environmental value in terms of its ecological communities, habitat potential and its landscape aesthetics. An ecological assessment was undertaken by Darkheart Eco-Consultancy over the land which also noted, that many of these attributes have been degraded to an extent, by the introduction of invasive weed species, bushfire hazard reduction works and informal use of the site by the general public as a picnic area.

 

The ecological assessment attributed further impacts of the development on the establishment of roads, building envelopes and APZ?s and potential fragmentation of ecological communities by human interactions such as fencing and the introduction of domesticated pets and exotic species. The assessment concluded:

 

?The development will result in the removal/modification of up to approximately 0.45ha of vegetation on site (including the footprint of the access road and APZ?s). This vegetation primarily comprises pasture with some very small remnant patches of Themeda grassland (currently invaded by pasture ), pockets of bitou bush and some native shrubs, not all of which will be removed/modified.?

 

A comprehensive flora and fauna assessment and 7 Part Ecological Test has been undertaken to support the development of the land and no issues were raised which would preclude the development being approved by Council. No species impact statement was considered necessary for any of the identified threatened species, population or ecological communities likely to occur on the site.

 

Several primary mitigation measures have been recommended by Darkheart Eco-Consultancy to minimise any adverse impacts resulting from the development of a dwelling house on the land. Generally speaking, these measures are designed to minimise direct environmental impacts during the initial phase of the development. A number of secondary mitigation measures are also proposed such as weed control, pet control, landscaping and fencing, which are designed to provide opportunities for on-going environmental management and improvement. In this instance it is considered that an Environmental Management Plan, prepared with the assistance of Darkheart Eco-Consultancy, would be an effective means of incorporating these mitigation measures. Therefore a condition of consent has been recommended, requiring an EMP to be submitted to and approved by Council prior to the release of the subdivision certificate.

 

Overall it is considered that the major adverse impacts associated with the development of the land will be minimised by restricting development within existing cleared or degraded areas. This will ensure that the development maintains where possible, the existing amount, diversity and form of native vegetation and wildlife habitat areas. Furthermore, the adoption of a permanent environmental management mechanism such as the EMP over the land, will assist in protecting and enhancing the natural environmental attributes which have been identified.

 

A Landscape and Visual Impact Assessment was prepared for the proposed location of the dwelling envelope. Specific mitigation measures were proposed as follows:

 

?????????????? Limit the maximum height of the dwelling to one (1) storey.

?????????????? Roof structure to be flat or low pitch skillion.

?????????????? Building to utilise natural colours, tones and finishes compatible with the surrounding landscape.

?????????????? Limit external lighting to low scale fittings which will illuminate the ground plane only

?????????????? The siting of the building should be in an informal pattern which steps the dwelling to compliment the fall of the land to the east and away from the ridge centreline.

?????????????? All utility services to be underground

?????????????? Regenerate with suitable native tree vegetation the area along the sites western boundary in the vicinity of the dwelling and vehicular access way.

 

Each of the recommendations will be incorporated into the EMP which will be approved by Council and? become a registered covenant on the title of the land. Any proposed changes to the terms of the EMP will require the further approval of Council.

 

Aboriginal Cultural Heritage Impacts

 

As mentioned previously, a mythological site has been identified partly on lot 9 and the adjoining crown reserve. Subsequently, a 150m diameter buffer was created around the mythological site, which was registered on the title of the land in 1997.

 

In response to this issue it is noted that the existence of a relic or a mythological site does not necessarily preclude development of the land, however it is reasonable that the development of the land does not impinge on or encroach within a reasonable buffer around the perimeter of the site. The proposed dwelling site is located approximately 350m from the mythological site and is therefore not likely to affect the integrity of the site.

 

To address any potential issues arising from the construction of the dwelling, it is recommended that Council impose a standard condition requiring work to cease immediately in the event that any object of Aboriginal significant is uncovered during the clearing and construction phase.

 

c????????? The Suitability Of The Site For The Development

 

The dwelling site is located on a prominent and scenic headland at the entrance to Scotts Head and is constrained by native maritime coastal vegetation including themeda grasslands. The development of the land for a residential dwelling has been designed to minimise any impacts to the natural environment by locating the dwelling envelope in an area that has been degraded by invasive grass and weed species. Furthermore the design of the dwelling will be based on the recommendations from the Landscape and Visual Impact Assessment, which will ensure that the building has a high quality finish that attempts to integrate into the natural landscape and coastal environment.

 

The land is able to be readily serviced by extending water and sewer from Ocean Ridge Drive.

 

d????????? Any Submissions Made In Accordance With The Act Or The Regulations

 

The application was notified and exhibited in accordance with Council?s requirements and several submissions were received, objecting to the development of the land. A summary of the main issues raised is as follows:

 

Impacts on natural vegetation

 

Concerns were raised that the clearing to accommodate APZ?s would have a significant impact on flora and fauna, some of which were threatened species.

 

Comment: The Ecological Assessment concluded that threatened flora and fauna species were considered to have potential to occur in the study area or close proximity to the study area, with the site containing some generic value as foraging habitat as part of a broader vegetation community. These species were individually and collectively assessed in the 7 Part Test and no significant adverse impacts were expected.

 

Despite the conclusions of the report, a number of mitigation measures have been made to address the concerns relating to vegetation clearing and environmental impacts and these recommendations have been included as conditions of consent.

 

Impacts on sites of significance to the Aboriginal community

 

Concerns were raised that development of the land would impact on sites of significance to the local Aboriginal community.

 

Comment: Aboriginal relic sites and a mythological site have been identified in previous environmental studies over the land. The small area of land proposed to be developed for a single dwelling house on lot 9, is a considerable distance from the relic sites and mythological site, which already has a protective buffer of 150m. The proposed development will not demolish, deface, damage or move any of the identified sites of significance. The application was referred to UNKYA LALC and no formal submission was made to the application.

 


Request that the land be acquired for public use

 

Two of the submissions noted the informal use of the land as an access way for fishers and its use by the general community and requested that Council consider acquiring the land for community use as a public reserve.

 

Comment: The Director of Engineering Services has been consulted on this matter and agrees that acquisition of the land for a public purpose is clearly a financial concern for Council which is not justified at this stage. Much of the current informal use of the site and access by 4WD?s has resulted in its degradation and particularly the degradation of parts of the themeda grasslands. The development of the land in a sensitive and environmentally sustainable manner in accordance with conditions of consent, should assist in redressing the current degradation caused by human interactions.

 

Concern that Council has no power to approve the development because of its coastal protection status

 

All of the submissions raised concerns that Council was not empowered to approve the development and the DoP should be consulted.

 

Comment: The DoP were consulted and responded by choosing to make no formal comment other than rightly acknowledging that they have no concurrence role to approval of the application. Council is the consent authority and Council has the authority to either approve or refuse the application.

 

e????????? The Public Interest

 

The number of submissions objecting to the proposal is an indication that it has generated a degree of public interest from adjoining landowners. Their concerns have been taken into consideration during the assessment of the application and it is considered that the public interest will not be compromised by the development of the land, provided that it proceeds in accordance with the recommended conditions of consent.

 

 

SUSTAINABILITY ASSESSMENT

 

Environment

 

The main concern with the proposal is the disturbance to the natural environment. To overcome these concerns the development of the land will largely be restricted to existing cleared and disturbed areas, with further limitation placed on the design, siting and construction of a dwelling house, to address visual amenity concerns. The adoption of an EMP over the land, will assist in protecting and enhancing the natural environmental attributes which have been identified.

 

Social

 

There are no social issue arising from the development which will see the potential for a dwelling to be erected in a coastal environment.

 

Economic

 

The developer will be required to pay contributions under Section 94 and Section 64 for the additional demand generated by the granting of approval to the boundary adjustment and future erection of a dwelling house.

 

Risk

 

The potential risk to Council in approving the application would be dependent on the likelihood of a challenge to the validity of the approval on procedural grounds. In this regard, Council has followed proper process by requiring all the technical information required to make an assessment of the application under the relevant heads of consideration.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact on the current budget or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable

 

SUGGESTED 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

1

Jock Palmer and Assoc

May 2009

Plan of proposed Subdivision

09031

Amos and McDonald Surveyors

28/04/09

Detailed plan of building envelope and APZ?s

JPA 05/05

Jock Palmer and Assoc

Undated

Ecological Impact Assessment

1

Darkheart Eco Consultancy

May 2009

Landscape and Visual Impact Assessment

1

Jock Palmer and Assoc

May 2009

 

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

 

2??????? Sediment and erosion measures required

 

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

 

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

 

3??????? 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.

 

4??????? 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

Water and Sewer

 

Extension of water and sewer to service the site. including installation of water mains and services.

 

Installation of a meter cock, water meter and backflow prevention device to each lot by Council at developers cost. (Cost is adjusted annually on 1 July. Cost will only be accepted at the rate applying at the date of payment.).

 

Sewer mains to serve the development, including sewer main extension to the site, mains, sidelines and junctions to all lots.

 

The sewer shall be extended to gravity feed to Councils existing sewerage system and the applicant shall be responsible for acquiring/creating any easements over the proposed pipeline along its entire length.

 

Driveway

The driveway (from Ocean ridge Drive to the proposed dwelling envelope) is to be constructed as a 3m reinforced concrete road. The road works and any associated drainage works, must be in accordance with Council?s Aus-Spec #1 Design and Construction Specifications.

Note: the driveway is to follow the alignment of the existing access track, avoiding native maritime grasslands.

 

 

 

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

 

5??????? 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.

 

6??????? 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.

 

7??????? 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.

 

8??????? 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.

 

9??????? 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.

 

10????? Construction clearing plan

 

????????? A construction clearing plan is to be submitted to Council which clearly identifies vegetation proposed to be removed and retained to create the required dwelling envelope and asset protection zones. The plan must be in accordance with the recommendations of the Ecological Assessment prepared by Darkheart Eco-Consultancy and approved by Council prior to any construction works commencing.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

11????? 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.

 

12????? 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

 

13????? 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.

 

14????? 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 9 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.

Note: the BE must be limited to 900m 2 and be located generally in accordance with the approved plans.

 

Environmental Management Plan

An Environmental Management Plan (EMP) must be prepared by a suitably

qualified Environmental Consultant and submitted to/approved by Council.

 

The EMP must satisfy the following criteria:

 

????? Compliance with mitigation measures and recommendations as detailed in Ecological Impact Assessment prepared by Darkheart Eco-Consultancy dated May 2009.

????? Compliance with recommendations from the Landscape and Visual Assessment prepared by Jock Palmer and Associates dated May 2009.

????? Compliance with recommendations from Bushfire hazard Assessment prepared by Jock Palmer and Associates dated April 2009.

 

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

Lot

?172 to the in

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

 

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

 

 

15????? Completion of All Works

 

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

 

16????? 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.

 

17????? 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.

 

18?????
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

Scotts Head Grassy Head Road

Lot

1

$113.00

$113.00

30 June 2010

Project Administration

6%

 

 

$405

30 June 2010

TOTAL

 

 

 

$7,160.00

 

 

19????? Certificate of Compliance (Water, Sewer and Drainage)

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payments will only be accepted by cash or bank cheque.

 

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

1

$4,398

$4,398

30 June 2010

Sewer

1

$2,889

$2,889

30 June 2010

TOTAL

 

 

$7,287

 

 

 

20????? Certificates for Engineering Works

 

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

 

21?????
Works-As-Executed Plans

 

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

 

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

 

22????? Maintenance Bond

 

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

 

Attachments:

1View

28050/2009 - 28050/2009 - Subdivision Plan

 

2View

17157/2009 - 17157/2009 - Submission in relation to DA 2009/182 - A Hartge

 

3View

17156/2009 - 17156/2009 - Submission in relation to DA 2009/182 - R Antolik

 

4View

16728/2009 - 16728/2009 - Submission in relation to DA 2009/182 - J Holcombe

 

5View

28052/2009 - 28052/2009 - Submission in relation to DA 2009/182 - James Warren

 

??


General Purpose Committee - 18 November 2009

Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

Attachment 1

28050/2009 - Subdivision Plan

 

?


General Purpose Committee - 18 November 2009

Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

Attachment 2

17157/2009 - Submission in relation to DA 2009/182 - A Hartge

 


?


General Purpose Committee - 18 November 2009

Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

Attachment 3

17156/2009 - Submission in relation to DA 2009/182 - R Antolik

 








?


General Purpose Committee - 18 November 2009

Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

Attachment 4

16728/2009 - Submission in relation to DA 2009/182 - J Holcombe

 


?


General Purpose Committee - 18 November 2009

Report on DA 2009/182 Two (2) Lot Rural Boundary Adjustment

Attachment 5

28052/2009 - Submission in relation to DA 2009/182 - James Warren

 

From: James Warren [mailto:james@jwarren.com.au]
Sent: Wednesday, 1 July 2009 2:18 PM

To: Ben Oliver


Subject: Re: Emailing: Jock Palmer and Associates

Ben,

The statutory ecological impact assessment of the proposed rural dwelling on Lot 9 DP 1033603 Scotts Head Road, Scotts Head contains insufficient and inaccurate information e.g. Glossy black-cockatoos, Brush-tailed phascogales, Koalas, Little bent-wing bats and Eastern cave bats have been recorded by myself on the adjoining lot 10.

I consider it also highly likely that Squirrel gliders occur on or immediately adjacent to lot 9. As a result of the inaccuracies and insufficiencies in the Darkheart report I believe that the impacts of the proposed development have not been fully assessed and the application is therefore deficient.

I can provide more details on these issues if required.

Regards,

James Warren

?


General Purpose Committee

18 November 2009

Director Environment & Planning's Report

ITEM 10.2??? SF135????????????? 181109???????? Report on the SOE Submissions from Public Exhibition and Final 2008/2009 SoE Report

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

 

Summary:

 

The Draft SoE was placed on public exhibition from 25 September to 23 October 2009. No submissions were received during this time. Several recommendations for the 2010/2011 Draft Management Plan have been identified from the 2008/2009 SoE and possible funding options explored.

 

A late submission from the Nambucca Valley Conservation Association was received by email on Friday 30 October at 3.13 pm.

 

 

Recommendation:

 

1????????? It be noted there was one late submission received following the public exhibition of the Draft 2008/09 State of the Environment Report,

 

2????????? Review Development Control Plan (DCP) 4 ?Subdivisions?? to include the retention of biodiversity corridors through new subdivision areas to maintain linkages for native fauna movements,

 

3????????? Review the Development Control Plan (DCP) 5 ?Industrial Developments? to include design guidelines that will assist with attenuating noise from the Industrial areas on adjoining residential areas.

 

4????????? Develop a Local Policy relating to solid fuel heaters installation and use to assist with alleviating health and air quality issues in urban & rural residential areas,

 

5????????? Develop an education program for the Shire to address the increased occurrence of dumping,

 

6????????? That Council endorse the changes made and adopt the Nambucca Shire Council 2009 Comprehensive State of the Environment Report and forward a copy to the Department of Local Government as required by the Act.

 

7????????? Develop brochures to educate residents of the Shire on Council?s new Keeping of Animal Policy,

 

8????????? The State of the Environment Report to be placed on Council?s website.

 

 

OPTIONS:

 

1????????? Develop educational programs, policies and management plans to address issues raised through the SOE Reporting process,

 

2????????? Schedule works programs to address issues raised within the report, either in current budget or future management plans,

 

3????????? Take no actions from the SOE report.

 

 

DISCUSSION:

 

The following recommendations have come from the 2008/09 Comprehensive SoE.

 

1????????? Industrial zoning inside the Macksville Industrial site to alleviate noise impacts on neighbouring residential areas. ?The placing of heavy industry in the core with lighter industry along the industrial/residential interface. ?A current review of the industrial development DCP into the combined DCP will assess the recommendations of the Heggies Acoustical Report for industrial development. No funding will be needed for this.

 

2????????? Biodiversity corridors are important linkages through a region in which fauna can travel and be protected. There needs to be more vegetation remnants developed throughout the Shire to ensure the survival of our native fauna. ?Development constraints on land clearing on new subdivisions need to be highlighted and enforced. Grant funding is needed to help establish remnants, rehabilitate existing remnants and riparian zones and restore degraded areas.

 

3????????? Woodfire heaters create a health issue in the urban areas of the Shire; many of the existing wood fire heaters are not compliant with the Australian Standard. A wood fire heater policy is needed to alleviate the heath and pollution problems caused by existing wood fire heaters in the Shire; this policy should be written inline with state legislation and other Council?s current policies. No funding will be needed for this.

 

4????????? Illegal waste dumping is becoming more common in both protected areas and on Council land. An education program needs to be developed to educate the community about dumping. Several successful projects already running throughout the state are ?Dumping its Dumb? and ?Not in My Backyard?. Funding for these programs could come out of the Environmental Levy and there maybe a grant focused on illegal dumping.

 

5????????? Keeping of Animals policy needs to be highlighted with an education campaign to educate the Shires community of responsible animal keeping in urban and rural residential areas. The funding for this can come from the Environmental Levy.

 

A summary of the NVCA recommendations and Council?s actions have been tabulated below.

 

Page 1

??????? 1.1 states that ?Comparing SoE reports form year to year enables Council to see improvements and identify areas that need attention in all sectors of the local environment.?? It should also enable Council to see clearly deteriorations in environmental conditions especially if clear measurable parameters are established, rather than simply areas that need attention.?

??????? Noted but not changed

??????? 1.4 ?Major issues identified by residents? does not include vegetation management.? This organisation made a comprehensive submission to the consultation process, raising vegetation management, mapping and monitoring as a key major issue especially in regard to land clearing and the lack of a Tree Preservation Order (TPO) or Vegetation Management Plan (VMP) in the Shire.? We are also aware that vegetation management has been the subject of numerous submissions and complaints to Council.?? As such it should be identified as a major issue.

??????? The list is from the 2007 customer service survey, vegetation management will be added to the list next years SoE

Page 2

??????? 2.3.7 identifies vehicle noise from tourism as a pressure on human settlement however this is not picked up in 8.2 on p57 which specifically lists and deals with pressure on the environment from noise.

??????? Further investigation needed


 

Page 9

??????? 3.1, 6th paragraph refers to land degradation from the introduction of exotic weeds species.? Introduction of exotic animals has also placed pressure on land ie rabbit warrens, feral pigs making nests and rooting for food in Nambucca State Forest, feral deer in the upper catchment creating narrow compacted tracks especially on ridges with resultant erosion, foxes also dig extensive dens in soft earth and particularly favour high riverbanks overhung with lantana.? Feral cattle also cause tracks vulnerable to erosion in forested upper catchment areas.

??????? Exotic animals are dealt with in Biodiversity

 

??????? 3.2 Fire is also a pressure on the land, as it changes soil structure and has been proven by CSIRO to be unsustainable in terms of soil health if carried out at frequencies of less than ten years.? Climate change is also a pressure on our land in that it is causing changes to rainfall patterns and more frequent and intense fires.?

??????? Fire will be added next year after the LAPProject identifies the areas

??????? Table 3.1 we are unsure as to how sustainability can be measured purely by the number of DA?s submitted to Council.? By the table it would appear that a reduced number of DA?s is interpreted as a ?movement towards sustainability? if this is the case then it is a very na?ve notion.? The location, scale and nature of a DA are far more realistic values to use in judging sustainability, in particular the amount of clearing of native vegetation involved.

??????? Changed to ?no change?

??????? Why is there no data for the number of DA?s approved by Council in 2004/5 and 2005/6, when Council has this information?

??????? It was a new indicator last year and so there does not have to be data prior to this albeit 2006/07 was added to show change in 2007/08

Page 10

??????? 3.2.1. First paragraph does not make any sense.

??????? The NVCA used an older version than what was on public display, the display copy had this changed

??????? 3.2.1 This section refers to land ?zoned for rural residential development? based on the 1995 LEP maps, however there is not any rural residential land actually zoned as rural residential.? This section should clarify that the area capable of rural residential subdivision under the 1995 LEP is in fact a sub set of a rural zone.? There has been in the recent past considerable confusion about this matter from property owners believing they have lost a ?legal right? to subdivide their rural block because they were within the dotted line (sub set) area. Council should take every opportunity to clarify rather than perpetuate this confusion.

???????

??????? 3.2.1 NVCA strongly disagrees with the statement ?As the population of the Local Government area increases, the need for development to provide for this increase must be met.?? NVCA asks - Why must it be met?? Council should not be assuming it has to meet all demands for development.? It must, on behalf of its ratepayers set planning policies and principles which ensure sustainable development.? There must be ability to draw a line rather than assume an ?open house? for any amount of development, as is implied by this statement.

??????? Noted, but a growing population must be catered for and that includes development of critical infrastructure, housing areas and amenities.

??????? As for planning instruments there is a move for more sustainable development anyway.


 

??????? 3.2.2 Lyall and Macoun Consulting Engineers in fact go much further than just suggesting that inappropriate extraction of the river bed gravel has contributed to the relatively degraded state of the Nambucca River System, in their 1999 study.? They refer to the direct impact of gravel extraction on river health and stability at several points through the various report documents eg in the Executive Summary document p18 ?The removal of large woody debris and the excavation of gravel from riffles and channel realignments would have initiated the movement of nick points up stream and bank collapse?, ? p19 ?The removal of high bars meant that the floodplain building and stabilisation process could not be initiated and the stream was allowed to wander in an overwidened and over deepened ?trench?.?, p23 ?Extracting gravel from the stream bed therefore acts against the natural processes of adjustment and will in most cases exacerbate erosion problems.?, and concludes at p24 with (emphasis added) ??inappropriate gravel extraction causes stream bed lowering and loss of bed armour which are the initiating processes in destabilisation of the river channel and bank collapse.? Because of the detrimental consequences of gravel extraction as a matter of principle, there should be no further extraction from the river beds in the Nambucca System?? Given these clear statements we suggest the SoE statement be amended to quote the underlined statement above.

??????? The document was paraphrased and not directly quoted

Page12

??????? We understand the Council?s work depot on River Street at Macksville is also considered a contaminated site, but does not fit any of the six broad areas listed.? If so it should be referred to and also listed on the table 3.3 on p16.

??????? Will look into this further for next years SoE

??????? 3.3.1 The loss of significant native vegetation is listed as a pressure from urban and rural residential development but only addresses the issue in relation to DA approvals.? It fails to acknowledge pre-emptive clearing which is possible because of lack of a Tree Preservation Order or Vegetation Management Plan.? By the time the DA is lodged, it is too late to consider native vegetation and/or habitat matters as the vegetation is often long gone.? Reference should be made to this, in the ?responses? section to actions that Council could consider, to address this issue ie a TPO or VMP.

??????? Will be a recommendation for next years SoE

P13

??????? 3.3.2 Last paragraph refers to the responsibility for riparian protection fencing falling upon individual landholders, but makes no reference to the NRCMA/Landcare funding opportunities available to undertake this work.? Numerous landholders throughout the Shire have taken advantage of these grants, successfully fencing their stock from riparian areas with grant monies covering fencing, gates, off-river water points, pipes, pumps and native seedlings.? Reference should be made to this here.

??????? Also in section 3.4 and in the biodiversity section


 

P14

??????? 3.3.5 NVCA agrees with the suggestion that the comparison of permits issued annually for beach access as a tool to assess trends etc is a worthwhile one and should be undertaken in future SoE Reports.

??????? Agreed and will be addressed in next years SoE

Page 21

??????? 4.2 Probably the biggest pressure on the freshwater aquatic system is that of water extraction from surface and ground water.? Simply listing ?water supply? as a pressure does not accurately describe the pressure or the situation.? Extraction for town water supply, irrigation (agricultural and recreational) and stock and domestic purposes has an enormous impact of river flows.? The NSW Stressed Rivers Assessment Report 1998, although dated, still contains statistics pertinent to the Nambucca River catchment.? Appendix 25 relating to the Nambucca can be viewed at http://www.dnr.nsw.gov.au/water/pdf/stressedrivers.pdf

??????? Noted, but exact extraction is unknown as only the licensed bores are monitored. Further investigation will occur and added to next years SoE

??????? 4.2 Tourism should be included as a pressure on the aquatic system ie:

??????? Agreed and will be added next year

-??????? Pollution, wave wash and damage to sea grass from boats and jet skis.

-??????? Damage to sea grass is already in the report under 5.3.11

-??????? Pollution from litter, human waste and other pollutants eg sunscreen entering the estuary.

-??????? Will be investigated and added next year

-??????? Over fishing, especially during holiday periods

-??????? Overfishing is addressed in 5.2.13

??????? 4.2 Bank damage from stock and human impacts should be included as a pressure, as this results in denuded tracks and banks, compaction and collapse of banks with resultant sediments entering the watercourse.

??????? Is addressed in section 3 and 4.2.1

??????? 4.2 refers to pollution incidents as a pressure.? It is assumed this means oil spills and the like, however ongoing pollution should also be listed as a pressure ie litter, tyres, agricultural runoff, treated pine constructions/walkways and leaking septics which must also be recognised and addressed in the ?responses? section.

??????? Is addressed in 4.2.9 and leaking septics are addressed in 4.2.4

??????? Table 4.1 Why is there no data regarding the number of gross pollution traps (GPT?s) for 2004/5, 2005/6 and 2006/7?? There is no indication of ?movement towards sustainability for GPT?s on this table, despite there being two years of data shown;? we note that in other tables ?movement towards sustainability? has been indicated based on only two years of data.? The data shown would indicate decline or move away from sustainability in this case.

??????? New indicator last year, again did not use exhibition copy and indicator data was fixed prior to exhibition

P22

??????? 4.2.1 No reference is made to the Nambucca River Estuary Management Study, in particular the Estuarine Geomorphology, Physical condition and Mapping Report undertaken by GECO consulting for Nambucca Shire Council in 2005, which contains specific information in tables relating to bank conditions for various sub-catchments.

??????? Add to future reports

?????? 4.2.1 Also there is no reference to Dr Andrew Boulton?s work monitoring river health at 25 sites within the local government area (LGA) during 2002-2005.?

Dr Boulton presented his findings to Nambucca Shire Council (NSC), so there should be a copy of his report available in Council.

??????? Will locate report and add information to next years report

Page 25

??????? 4.2.13 Volumes extracted under licence were quantified approximately 8 years ago when irrigation licence holders were surveyed as to their average annual extraction volumes.? This information was used as a basis of developing water sharing plans by the now disbanded Mid North Coast Water Management Committee.? An NVCA member was appointed by the Minister as one of two NSW Nature Conservation Council representatives on this committee.? The committee was de-commissioned before such plans were prepared for any of the Nambucca Valley?s sub-catchments.? However the DECCW may still hold the data.

??????? Further enquires are needed to locate the data, if it still exists

Page 29

??????? 4.4 The snapshot of 2008/09 fails to mention the rainwater tank and dual flush cistern rebate schemes which Council offers.

??????? Data on numbers and amount rebated will be available for next years SoE

Page 31

??????? 5.2 Other pressures on our biodiversity worthy of listing here include: Tourism, 4WDs on beaches and motor vehicles ie road hit (WIRES Coffs harbour can supply the significant statistics)

??????? WIRES info is listed in 5.4 but the data has not been categorised further into motor vehicles, storm or domestic animal attacks.

??????? Tourism will be added next year

??????? 5.2 Fragmentation of remnant bushland should include ?and degradation?.

??????? Noted and changes made

??????? 5.2 Changes to native vegetation is listed as a pressure on our biodiversity, however a positive change ie rehabilitation would not be considered a pressure.? We suggest loss, degradation and fragmentation of native vegetation more clearly describes the pressure. Also we note that the description of the ?changes to native vegetation? at 5.2.5 talks about the area of land under conservation agreements etc??? This does not constitute a pressure to our biodiversity.

??????? Noted

??????? Table 5.1 Whilst it is clear to see how an increase in the number of threatened flora and fauna species in the Shire results in a movement away from sustainability, we question how one can deduce a movement towards sustainability from an increase in the number of fauna a flora species in the Shire as is shown in this table.? We assume the increased numbers are a result of further survey effort.? In other words species are being identified which already existed but were not formally recorded ? how then, can this be a move toward sustainability?

??????? The question is are we sure that they have always been there?, some species can move out of an area for long periods and return dependent on conditions. It has been tagged sustainable because it shows that there are more species using the Shire as a home and more species recognised.

??????? Table 5.2 We note the reduction in the number of noxious weeds reported for the Nambucca? LGA from 104 in 2007/08 to 101 in 2008/09, and the conclusion that this is a movement towards sustainability, but what does this mean?? Have there been complete eradication of 3 noxious weeds from the entire LGA?? Has the department changed the status of some plants, thereby knocking some off the list?? Was the same process used to assess the number of noxious weeds in the Shire? This is not explained in the relevant section.? Also the reduction in the number of Weed Notices to residents can only be interpreted as a movement towards sustainability if the same properties were assessed in the same way.? These tables are misleading.

??????? Noted but no change

Page 32

??????? 5.2.1 We question the statement that ?land invasion by weeds is one of the most serious threats to land degradation and biodiversity?. We assume the intent of the statement is that land invasion by weeds is a serious cause of, rather than threat to, land degradation.? Whilst we acknowledge that weed invasion is a serious threat, we consider land clearing a far greater threat to biodiversity and land degradation.? The Wilderness Society states that ?Land clearing is the number 1 threat to our native wildlife, plants and bushland. Over 240 species and more than 30 ecological communities (bushland types) are known to be at risk of extinction because of land clearing. Over 56 birds, 22 mammals, 12 reptiles, 4 frogs and 140 plants are at risk as a direct result of land clearing. Land clearing has even been listed as a "Key Threatening Process" under the NSW Threatened Species Legislation.?

??????? Land clearing is dealt with in 5.2.2

??????? 5.2.2 8th paragraph refers to the ?highest diversity of both flora and fauna species occur in the coastal sclerophyll complex which is adjacent to the coast between Nambucca and Scotts Head? (Smith 1994), but the Smith Study only covered the eastern section of the Shire.? This fact should be mentioned here because, as written, the statement implies that these conclusions relate to the whole LGA, which would be incorrect.

??????? The area adjacent to the coast between Nambucca and Scotts Head is the most easterly area in the Shire and does not relating to the whole Shire

??????? Last paragraph on p32 refers to fauna and flora studies undertaken by scientists on behalf of our Association and wrongly concludes that the most significant species identified include the ?vulnerable Pouched Frog, Stephens Banded Snake, Red-Legged Pademelon, Glossy Black Cockatoo and the Wompoo fruit-Dove.?? Far more significant than the Glossy Black Cockatoo and the Wompoo fruit-Dove were the koala and old growth dependent forest species ie the Yellow-bellied Glider and large forest owls recorded.? The conclusion to this section (p33) states that ?the outcomes of this study indicate that a rich biological diversity may exist in the area.? The Fitzgerald study and the Dunggir Conservation Proposal/Study undertaken by De Vries & McCauley (1994) demonstrate clearly that the areas of the upper catchment of the LGA are indeed rich in biodiversity and as a direct result of the NVCA?s Dunggir Conservation Proposal, and recognition of the high conservation values of the area, the Dunggir National Park was gazetted.? Likewise the Fitzgerald surveys provided critical data which contributed to the gazettal of the Gumbaynggirr National Park and Gumbaynggirr State Conservation Area ? based on the rich biodiversity identified in this area.? To claim that these studies indicate that rich biodiversity may exist is patently wrong.

??????? Changed, ?may? has been deleted to read:

?the outcomes of this study indicates that a rich biological diversity exists in the area.

Page 33

??????? 5.2.3 The 4th & last paragraph refer to the anecdotal evidence of seagrass loss and decline in the Nambucca River and Deep Creek.? The response to this pressure surely should be for Council to consider monitoring sea grass extent and condition.

??????? Fisheries monitor sea grass and supply information as to extent of loss or increase annually

??????? 5.2.4 1st paragraph? There are also extensive areas of disturbed remnant vegetation, contiguous and fragmented, in the upper catchment, in fact far more so than in the middle catchment, as purported.

??????? Fixed

??????? 5.2.4 We note that the first area of high values identified by Smith is to the south of Scotts Head.? This is the very area that Council nominated for, and which is now included in the Regional Strategic Plan for future urban expansion.

??????? Noted

Page 37

??????? 5.2.5 ? This paragraph requires qualification.? It implies that more land is being protected and rehabilitated than is being cleared and degraded, which is incorrect.? It plays up the good news without putting it in context of the overall reality.? In the Nambucca, given that no new areas have been preserved and there has been plenty of land clearing for development, APZ hazard reduction and to a lesser degree vandalism, there has in fact been a net loss of (negative change in) native vegetation.? NSC disappointingly has been responsible for a significant amount of native vegetation clearing this past year at Buz Brazel Park (which included an EEC), Hyland Park and Nambucca Heads SE of the industrial estate, none of which have been mentioned in this report, and should be.? Likewise this refers to the many new areas around the State added to the conservation inventory, but fails to put this in context of the extensive land clearing both legal and illegal continuing throughout the State, which is having enormous impacts upon native vegetation and biodiversity.? Whilst no figures have been provided for the amount of conserved areas added Statewide, by not mentioning the other side of the story, this section is misleading and glaringly imbalanced.? In 2001, approvals for land clearing in NSW increased by 18% to 92,000 hectares. (The Wilderness Society, 2002). Approximately 74,000 hectares of native vegetation were cleared [NSW] in 2005, made up of 44,000 hectares approved clearing and 30,000 hectares illegal clearing (40 percent of total clearing) (Auditor General?s report ? Performance Audit of Regulating of Native Vegetation Clearing in NSW 2006). 

The data is supplied by DECCW, more investigation is needed in ascertaining a ball park figure in clearing native vegetation on private land, data can only be gathered on DA?s that have large tracts of clearing done for subdivisions and other development.

This will be looked into further next year and data may be made into a indicator.

Page 38

??????? Photos need more information, to avoid confusion ie Cane toad should include the words ?noxious pest? or ?introduced pest?, likewise the Indian minor (even though it is depicted with the red ?exclude? symbol).? The stinkhorn fungi should be identified as a native species.

??????? Changed wording on photo caption to reflect noxious pest and native species

??????? 5.3.8 Council is ?actively involved in feral animal populations?. ?Each month it euthanases a number of dogs and cats and is involved in the Indian Minor eradication program.

??????? Indian myna program is discussed at great length in 5.3.8

??????? Animals euthanized will be a touchy subject because technically some of the animals impounded are under the companion animals act and microchipped others are feral


 

Page 39

??????? 5.3.10 No mention is made of the importance of controlling or, better still, eliminating clearing of native vegetation which contribute to GGE?s as a response to Climate Change.

??????? Noted

Page 40

??????? No mention is made in the Snapshot of 2008/09 section regarding Council?s own Cities for Climate Protection Program activities.? The NVCA is aware that Council has now achieved Milestone 1 and has resolved to progress to Milestone 2 with a target of 5% reduction of GGE?s by 2016.? Whilst this is an extremely low target, we commend Council for this action and would like to see this important step reported here.

??????? Mentioned in the Atmosphere section, Council only completed the milestone on the 15 October 2009 so it will be included in next years SoE

Page 43

??????? Map in figure 5.1 should show the entire LGA, not just eastern section.

??????? Noted and the west will be on a separate map

Page 45

??????? Table 5.4 Suggest tables for both fauna and flora include scientific name and common names.? The draft document only shows common names for fauna and botanical names for flora.? There are often more than one common name for a species eg the Eastern Bentwing-bat Miniopterus schreibersii is also known as the Common Bentwing-bat.? Providing the scientific name eliminates any confusion.

??????? The table is from the DECCW website and will not be changed

??????? Table 5.4 Add to flora list Ringwood Anethloea anisata and Glycine clandestina (Broad-leaved form).? Refer to Kendall & Kendall 2003

??????? The table is from DECCW and will not be changed

Page 46

??????? Table 5.6 Endangered Ecological Communities.? The known distribution and extent of EEC?s in the Shire should be mapped and described, and changes to the extents of each EEC should be reported each year.

??????? No mapping released yet

Page 48

??????? 6.2.6 Atmospheric impacts from food shops not only involve odours, but also include oil in the air from fast food outlets which involve a lot of frying ie Kentucky Fried Chicken, which has to have its roof steam cleaned to remove built up fat.? Residents living nearby to these outlets tolerate oily surfaces from ?drift?.

??????? Changed text to reflect oily exhaust

Page 56

??????? Council also has Mobile Muster bin in foyer for disposal of mobile phones.

??????? This was done after July 1st so will be in next years soe

Page 57

??????? 8.2? Pressures from noise should also list tourism

??????? Noted, and will be added next year

Page 63

??????? 9.4 Snapshot of 2008/09 should refer to Council?s s355 Aboriginal Cultural Advisory Committee

??????? Has been running for 12 yrs not a new snapshot


 

General comment

??????? The document would be easier to read, understand and cross reference if each pressure was dealt with completely, in each section ie identify and describe each pressure and the response to that pressure in the one section.? As currently presented, it is difficult to see the response for each specific pressure and in fact the reader can search the subsequent ?response to pressure? section only to find that there is no response listed.

??????? Noted

??????? All pressures have a response, unless the same response is used for two pressure they are marked accordingly, some numbering was wrong but was rectified prior to going to exhibition

 

 

CONSULTATION:

 

Director of Planning and Environment

Manager of Health and Building

Environmental Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

These recommendations will enhance the physical and biophysical environment for both native fauna and flora and the human occupation of the Shire.

 

Social

 

Several of these recommendations will explore the social aspects of the community and endeavour to enhance the social expectations of the community.

 

Economic

 

Efficiently working policies and education programs will help make the Shire more appealing to potential investment and migration.

 

Risk

 

There will be a low risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Several recommendations will have a direct impact on future budgets concerning the environmental levy.

 

Source of fund and any variance to working funds

 

Environmental Levy and a potential for small grants.

 

Attachments:

There are no attachments for this report. ?


General Purpose Committee

18 November 2009

Director of Engineering Services Report

ITEM 11.1??? SF1031??????????? 181109???????? Policy - Commercial Activities on Community Land

 

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

 

Summary:

 

A draft policy has been prepared that would provide guidance on the consideration and conditional approval of commercial activities on community land.

 

The policy is based on providing new or expanded activities while trying to minimise the impact on existing commercial businesses.

 

 

Recommendation:

 

That Council adopt the Policy for Commercial Activities on Parks and Reserves.

 

 

OPTIONS:

 

?????????????? Adopt draft Policy

?????????????? Revise draft Policy

 

 

DISCUSSION:

 

From time to time Council receives applications to be granted permission to use public areas to provide a mobile service or to sell products.

 

In particular use of the beaches and reserves is sought to provide vending over the holiday periods.

 

The range of activities includes canoe hire, ice cream and drink vending, sunscreen applications, umbrella hire and fitness classes.

 

Section 68 of the Local Government Act requires the consent of Council for the following:

 

?????????????? Install a temporary structure on land

?????????? Engage in a trade or business on community land

?????????? Install or operate amusement devises

?????????? Use a standing vehicle or any article for the purpose of selling any article in a public place

 

Some councils nominate areas where a mobile food vender is not permitted.? Others set a minimum distance of say 200 metres to shops selling similar products.

 

The aim should be to allow the sale of goods and services that enhance the holiday experience but not at the detriment of existing businesses who pay rent, employ staff and commit to a year round presence.

 

A draft policy has been developed to provide guidance when considering such applications.

 

initially it is proposed that the only change will be the Street Trading Licence of $193.00.? The progression from that would be a fee associated with the use of public land.? Some Councils for example charge fees for ?Boot Camps? on beaches.

 

The Department of Lands state in their document ?Trust Handbook? that commercial operators such as ice cream vendors, commercial tours and surf schools require a licence to enter and use Crown Reserves such as beaches.? The also impose on a fee.

 

The draft policy is attached.


 

CONSULTATION:

 

Department of Lands

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

??????????? Waste disposal needs to be controlled

??????????? Location on beaches or reserve to be such that damage is negligible

 

Social

 

Provides a service for visitors and locals

 

Economic

 

Possible impact on existing retail outlets

 

Risk

 

??????????? May increase the need for staff to ensure that vendors are complying with conditions

??????????? Some members of the public may object to sharing public space

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Each application will pay the standard $193.00 (Street Trading Licence).

 

There may be two or three applications a year.

 

Future approaches could include a lease or licence charge.

 

Source of fund and any variance to working funds

 

Funds come from application fees.

 

Attachments:

1View

25001/2009 - DRAFT POLICY - Commercial Activities on Parks and Reserves

 

??


General Purpose Committee - 18 November 2009

Policy - Commercial Activities on Community Land

Attachment 1

25001/2009 - DRAFT POLICY - Commercial Activities on Parks and Reserves

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT POLICY

COMMERCIAL ACTIVITIES ON PARKS AND RESERVES

 

 

 

Function:? ENGINEERING SERVICES

SF1031

 

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

 

1.1???? To define and regulate acceptable activities on parks, reserves and beaches that fall into the category of temporary stands or mobile food, goods and provision of services.

 

 

2.0?????? Related legislation and regulations

 

2.1?????? Local Government Act 1993

2.2?????? Guidelines of the Operation of Mobile Vending Vehicles?Roads and Traffic Authority

2.3?????? Department of Lands?Trust Handbook

2.4?????? Crown Lands Act 1989

2.5?????? Roads Act

2.6?????? Filming Policy

 

3.0?????? Definitions

 

4.0?????? Policy statement

 

4.1?????? Council will permit temporary stands or mobile food, goods and services where they meet the considerations in Clause 5.0 and be issued a Commercial Activities Licence:

 

??????????? The following Temporary activities have been identified as desirable subject to compliance with the requirements:

 

??????????? a)?????? surfboard hire and lessons

??????????? b)?????? shade shelter hire

??????????? c)?????? canoe/paddle boat hire

??????????? d)?????? beach chair hire

??????????? e)?????? sunscreen application service

??????????? f)??????? on riverboat provision services (drinks, ice cream, food)

??????????? g)?????? fitness program

??????????? h)?????? horse or camel riding (north of Swimming Creek, Nambucca Heads).


4.2?????? A separate licence from the Department of Lands is required for commercial operations to use Crown Reserves.? In the Nambucca Valley this includes the beaches, headland areas and river foreshores.

 

 

5.0?????? Heads of Consideration

 

5.1?????? Positive Consideration

 

??????????? a)?????? Desirable activities are those that enhance or offer new services to the community during busy periods such as school holidays.

 

??????????? b)?????? The Plan of management for the park or reserve permits or does not forbid such activities.

 

??????????? c)?????? Permission can be granted for public education facilities such as Health Clinic vans, Life Education Van, Driver Reviver.

 

??????????? d)?????? Permission can be granted for Federal, State or Local Government initiatives such as Defence Forces recruitment and promotions relating to energy and water conservation.

 

??????????? e)?????? Event organisers on parks and reserves that include temporary stalls are to ensure individual sites comply and to submit a bulk application to Council.

 

5.2?????? Negative Consideration

 

??????????? a)?????? This policy does not apply to roads and streets.

 

??????????? b)?????? Council will not permit a temporary business to set up within 300 metres of an existing retail shop that sells similar articles or offers similar services.

 

??????????? c)?????? Permission will not be granted where an unfavourable impact will occur to existing facilities that prevents normal use.? For example, the use of a boat ramp or loading ramps for the general public must be maintained, excessive loss of car parking spaces should not occur.

 

??????????? d)?????? The use of a mobile vending vehicle has to comply with the "Guidelines of the Operation of Mobile Vending Vehicles" issued by the Traffic Authority of NSW and shall display the prescribed warning signs and fit flashing amber lights onto the roof.

 

??????????? e)?????? The vending vehicle shall not use any bell, music or other sound device to attract customers between the hours of 8.00 pm to 8.00 am or for periods longer than 5 minutes when stationary.

 

??????????? f)??????? Insurances ?????????????????..

 

??????????? g)?????? Permission will not be granted for any vending on reserves near commercial areas other than community markets (eg Rivers Street west foreshore).

 

??????????? h)?????? Minimum of two (2) weeks notice prior to the event.

 

??????????? i)??????? This policy does not cover circuses or fun carnivals.? Separate regulations apply.


SCHEDULE A

 

SITES AND ACTIVITIES

 

Suitable Sites

 

??????????? All beaches

??????????? Foreshore Reserves

 

 

Unsuitable Sites

??????????? Sports Grounds.

 

 

Activities Not Requiring a Commercial Activities Licence or Approval

 

The following activities can be carried out on public land without obtaining a licence or approval:

 

a)???????? Emergency services performed by recognised emergency services organisations

b)???????? Passive recreational activities

c)???????? Informal social gatherings

d)???????? Spreading of ashes

e)???????? Volunteer rescue organisations?training days.

 

The activities listed in this clause are allowed provided that they are not undertaken for commercial gain.

 

Activities Not Requiring a Commercial Activities Licence but Requiring Other Approvals

 

Consent is required to carry out other commercial and non commercial activities on public land and the consent process is covered by other Council policies.? Activities that, if carried out on public land, require consent under other policies of Council:

 

a)???????? Filming?Filming Policy

b)???????? Weddings?Weddings on Public Land

c)???????? Markets?market Policy

d)???????? Special Events?Special Events Policy.

 


General Purpose Committee - 18 November 2009

Policy - Commercial Activities on Community Land

Attachment 1

25001/2009 - DRAFT POLICY - Commercial Activities on Parks and Reserves

 

SCHEDULE B

Nambucca Shire Council

44 Princess Street, Macksville? NSW? 2447

PO Box 177, Macksville? NSW? 2447

Ph:??? 02 6568 2555

Fax:? 02 6568 2210

Email: council@nambucca.nsw.gov.au

www.nambucca.nsw.gov.au

 

 

COMMERCIAL ACTIVITIES ON PARKS AND RESERVES

LICENCE APPLICATION FORM

 

Section 1

 

THE APPLICANT: (All correspondence will be forwarded to this name and address)

 

Applicants Name: ?????????????????????????????????

 

Address: ?????????????????????????????????????

 

Phone: (W)???????????????..(H)???????????????????.

 

 

Section 2

 

BUSINESS/COMMERCIAL ACTIVITY DETAILS:

 

Business/Trading Name:? ??????????????????????????????????..?

 

Email: ?????????????????????????????.??................???????.....

 

Type of Commercial Activity:? ?????????????????????????..????????.

 

Description of Activity:? ????????????????????????????.????????.

 

?????????????????????????????????????????..?????..

 

??????????????????????????????????????????..????..

 

Equipment/materials, livestock to be used (incl maximum number): ????????????.?????

 

???????????????????????????????????????????..???..

 

Time of Day/Night for Activity:? ??????????????????????????????.???

 

Days of Week for Activity:? ???????????????????????????????????

 

Description of exact location/s of activity (a map is to be attached to the application):? ????????.?

 

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

 

 

Section 3

 

VEHICLE DETAILS: (for all vehicles used for commercial activities)

 

Vehicle Registration No/s:? ?????????????????????????????????.?..

 

Make/Model/Colour of Vehicle/s:????????????????????????????????..

Section 4?Other Requirements

 

Please read the application guidelines for your activity carefully and attach the required documentation to the application form when submitting.

 

The following information with copies of documentation is required:

 

 

o

 

Map of exact location where activity is to be conducted.

 

o

Qualifications (copies of these documents are to accompany application)

 

?????? Industry accreditation/qualifications

?????? Licenses/Permits for equipment, vehicle, boat, plane etc

?????? Required certificates for industry

?????? Senior First Aid Certificate.

 

o

Risk & Safety (Operations) Management Plan (to accompany application)

 

?????? Risk assessment for activity (see addendum for template)

?????? Risk and safety management protocols

?????? First aid

?????? Emergency response

?????? Evacuation plan

?????? Operational procedures for activity (if required)

 

o

Insurance Requirements (to accompany application)

 

?????? Current "Certificate of Currency" for Public Liability?$10,000,000 (such policy to include Nambucca Shire Council noted as an interested party).? Please note as insurance is updated current "Certificate of Currency" must be lodged with Council at all times.

??????

 

 

 

 

Section 5?Schedule of Fees & Charges

 

A non-refundable application fee is payable upon submission of the commercial Activities Licence Application Form.? The application free allows for the appropriate assessment of the proposed commercial activity.? The fee for 2009/2010 is $66.00.

 

A licence fee must be paid in advance should the commercial activity proposed by the business be permitted by Council.? The licence fee is an annual fee following successful re-/application by the proposed commercial activity business.? The licence fee allows for the appropriate monitoring of the commercial activity and maintenance of the public reserve related to the area used by the commercial activity.

 

Should Council call for tenders for the available Commercial Activities Licences then the determination of fees will be considered as part of this process.

 

The current fee is:

 

Commercial Activities Licence?Licence Fee?????????????? $NIL (2009/2010)

????????????????????????????????????????????????????????????????????????????????????? (To be reviewed each year)

 

 

 


 

Section 5?Checklist of Documentation Required

 

Every section of this form must be completed.? Documentation may or may not be required depending upon your commercial activity and the responses to the questions in this form.

 

If documentation is required please attach to application form with required fee.

 

APPLICANT TO COMPLETE

 

Yes

No

 

Information Required

o

o

Section 1?Application Details

 

 

o

o

Section 2?Business/Commercial Activity Details

 

 

o

o

Section 3?Vehicle Details

 

 

o

o

Section 4?Other Requirements

 

 

o

o

Map of Exact location where activity is to be conducted

 

 

o

o

Qualifications

 

 

o

o

Risk & Safety (and Operations) Management Plan

 

 

o

o

Insurance Requirements

 

 

o

o

Section 5?Schedule of Fees & Charges

 

 

o

o

Section 6?Checklist

 

 

o

o

Section 7?Declaration

 

 

 

 

 

 

 

OFFICE USE ONLY

 

Amount Received: $.............................................

Date Received: ?????????????????

 

Receipt No: ????????????????

Job No: ????????????????????..

 

 


 

Section 7?Declaration

 

o

I/We have read and understand all of the requirements set out in the Management of Commercial Activities on Public Land Policy?Nambucca Shire Council

 

 

o

I/We have read and understand and agree to adhere to the operating requirements within the "Application Guidelines" for the Management of commercial Activities on Public Land.

 

 

o

I/We have read and understood all of the requirements outlined throughout this form.

 

 

o

I/We have completed all sections of this form, including the checklist.

 

 

o

I/We will ensure that any and all alterations to the proposal are submitted to Council in writing and documentation as soon as they become available, and acknowledge that alterations will only be considered if sufficient time is provided in which to assess the proposed changes.

 

 

o

I/We acknowledge that it will be my/our responsibility to ensure that all requirements and conditions of the commercial Activities Licence will be met.

 

 

o

Any information or evidence required to asses this application has been provided.

 

 

o

I/We certify that all of the information contained in this application is correct and accurate.

 

 

 

 

Name/s

 

Signature/s

 

Date

 

 

 

 

 

ATTENTION: Applicant?Privacy Notification Form

 

The personal information that Council is collecting from you is personal information for the purpose of the Privacy and Personal Information Act 1988 ("the Act").? The information may only be made available through this or other relevant Acts and Regulations that may apply.

 

The intended recipients of the personal information are:? officers within the Council' agents or data service providers engaged by Council.

 

Council is collecting this personal information from you in order to process this Commercial Activities Licence Application Form.

 

You may make application for access or amendment to information held by Council.? You may also make a request that Council suppress your personal information from a public register.? Council will consider any such application in accordance with the Act.? Enquiries concerning this matter can be addressed to the General Manager of Council.? Council is to be regarded as the agency that hold the information.

 

Signed Applicant:??????????????????????????????????????????????????????? Date:???

 

?


General Purpose Committee

18 November 2009

Director of Engineering Services Report

ITEM 11.2??? SF601????????????? 181109???????? Wallace Street, Macksville - Traffic Management

 

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

 

Summary:

 

A draft proposal to create a 40 km/hr high pedestrian activity area has been submitted to the Macksville Chamber of Commerce for initial comment.? They cannot support any proposal that results in a loss of car spaces.

 

 

Recommendation:

 

1??????? That Council undertake a broader consultation with the community based on the pedestrian refuge, and painted ?gateways? to a 40 km/hr high pedestrian activity area.

 

2??????? That this consultation include articles in the local press, exhibition of plans, and mail out to Macksville based groups.

 

 

OPTIONS:

 

?????????????? No further action, project does not proceed.

 

 

DISCUSSION:

 

Council resolved to investigate the improvement of pedestrian facilities in Wallace Street, Macksville as a result of concerns by a number of elderly residents.

 

A plan was developed for the Macksville CBD area, not just Wallace Street to enable consultation to be undertaken.? Once a point of consensus had been reached it was proposed to seek funding from the RTA to implement a 40 km/hr high volume pedestrian zone.? This has already occurred in Bowra Street, Nambucca Heads.

 

The process involves a number of steps:

 

?????????????? RTA agree in principle to funding

 

?????????????? Local Traffic Committee provide comment

 

?????????????? Consultation with stakeholder groups

 

?????????????? RTA assess impact on adjoining classified roads (Highway/Cooper Street)

 

?????????????? RTA provides final approval

 

The process is extensive and time consuming so there needs to be at least an intention to proceed otherwise there should be no further action.

 

The start of the 40 km/hr zone has to include a ?gateway?.? That can be a wide speed humps, narrowing of the road or pavement treatment (paving, stencilling, patterns).? The traffic lights at Wallace Street and Cooper Street intersections complicate the arrangement and this can only be resolved through the RTA.

 


The developed concept plan has the following features:

 

?????????????? The 40 km/hr high pedestrian activity area includes parts of Wallace, Princess and River Streets and Wallace Lane

 

?????????????? The ?gateways? are defined by painted road pavement markings rather than speed humps

 

?????????????? A pedestrian refuge is proposed in Wallace Street opposite the supermarket with a raised platform

 

?????????????? The installation of ?blisters? at the Wallace and Princess Street intersections to shorten the road width for pedestrians are shown as optional

 

The plans have been considered by the Macksville Chamber of Commerce.? The Chamber are in favour of the shared zone but not the loss of parking or speed humps/raised platforms.

 

Not including the blisters and not installing a raised platform at the pedestrian refuge will address all objections except the loss of parking at the refuge.

 

The pedestrian refuge is proposed as it reduces parking only by 1 space on each side of Wallace Street compared to a loss of 5 car spaces on each side of a standard pedestrian crossing.

 

There has been other correspondence received as a result of the publicity.

 

1??????? Nambucca River Coop

????????? Cannot afford to lose carparking

????????? Support 40 km/hr signage at the ?gateway?

 

2??????? J Creighton

????????? Disagrees with a pedestrian crossing in Wallace Street

????????? Car parking is a higher priority

 

The key issue is the loss of parking as a result of providing for pedestrians.? The pedestrian refuge was proposed as a compromise.? Two car parking spaces are lost rather than ten.

 

Council could adopt the 40 km/hr precinct without pedestrian facilities for broader consultation.? I am sure the same issue of the loss of car parking spaces vs pedestrian crossing will still emerge as the issue.

 

For exhibition purposes I believe that Council should exhibit the plan with the pedestrian refuge, no raised platform, no corner blisters and only painted road pavement markings for the ?gateways?.

 

 

CONSULTATION:

 

Macksville Chamber of Commerce

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No significant change.

 

Social

 

The 40 km/hr zone aims to improve pedestrian safety for shoppers.

 


Economic

 

The loss of car parking spaces is seen as having a negative economic impact.

 

Risk

 

Sections of the community want a pedestrian crossing and other sections are not prepared to loose parking over the matter.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project even if adopted locally will have to meet the guidelines of the RTA.? This will enable 100% funding to be obtained.

 

Source of fund and any variance to working funds

 

RTA.? No variation at this time.

 

Attachments:

1View

24982/2009 - Letter from Nambucca River Cooperative

 

2View

26857/2009 - Letter from Macksville & District Chamber of Commerce & Industry

 

3View

26859/2009 - Letter from J Creighton

 

4

26833/2009 - Traffic Management -Plans

 

??


General Purpose Committee - 18 November 2009

Wallace Street, Macksville - Traffic Management

Attachment 1

Letter from Nambucca River Cooperative

 

?


General Purpose Committee - 18 November 2009

Wallace Street, Macksville - Traffic Management

Attachment 2

Letter from Macksville & District Chamber of Commerce & Industry

 

?


General Purpose Committee - 18 November 2009

Wallace Street, Macksville - Traffic Management

Attachment 3

Letter from J Creighton

 


?


General Purpose Committee - 18 November 2009

Wallace Street, Macksville - Traffic Management

Attachment 4

Traffic Management -Plans

 


?


General Purpose Committee

18 November 2009

Director of Engineering Services Report

ITEM 11.3??? PRF53????????????? 181109???????? River Street Foreshore - Macksville - Landscape Development Plan

 

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

 

Summary:

 

Council at its meeting of 5 November 2009 resolved that this report be listed for the next General Purpose meeting with the Consultant Roger Williams & Associates to address Council and representatives from Joans Army be invited to attend.

 

Concept plans have been developed by Roger Williams & Associates for the River Street Foreshore west of the Macksville Bridge.

 

Representatives of ?Joans Army? were involved in the preliminary discussions with the consultant and they have given their support to the adoption of the proposal.

 

 

Recommendation:

 

1??????? That Council adopt the concept plans developed by Roger Williams & Associates for the River Street Foreshore west of the Macksville Bridge.

 

2??????? That the plan be implemented as funds permit including item suitable through the Environmental Levy.

 

 

OPTIONS:

 

?????????????? Adopt the plan

?????????????? Adopt parts of the plan

?????????????? No changes

?????????????? Seek further community input

 

 

DISCUSSION:

 

Council appointed Roger Williams & Associates to develop landscape concepts for the on-going redevelopment of the River Street Foreshore in the Macksville CBD area.

 

Roger Williams conducted an initial meeting on-site with a number of ?Joans Army? and myself so that he was aware of the issues and problems.? This was also an opportunity for a ?brain storming? session as well.? The key points to arise from the first meeting were:

 

?????????????? The high maintenance of sweeping and collection of the ground under the Kaffir Plum trees

?????????????? The potential for the fruits of the Kaffir Plums to be a slip hazard

?????????????? The need for footpath on the top level behind the parked cars

?????????????? The desirability of the construction of decks to widen the top area and provide seat and table opportunities

?????????????? Don?t touch ?Joans Army? garden section

 

Over the following 4 weeks Roger Williams developed the concept, then returned to discuss his concept with the same group of people.

 


The concept (plan attached) proposes the following:

 

?????????????? Three wide sets of steps between the upper and lower level

?????????????? The construction of two decks on the upper level opposite the current food shops.? The underside to be rock faced to model the rock armour on the riverbank

?????????????? A full length footpath on the top level

?????????????? A full length landscaped terrace on the lower level to link all the elements together

?????????????? Bays within the terrace to house the seats and tables.? Shelters to be provided over the seats

?????????????? A full length path against the terrace away from the waters edge

?????????????? A small observation wharf on the waters edge

?????????????? A sitting wall that flows into the river

?????????????? A tree planting scheme

?????????????? A landscaping plant scheme for the terrace

?????????????? The removal of tables on the top level and replacement with bench seats

 

The concept is 100% acceptable to the members of ?Joans Army? and they wish Council to adopt the plan.

 

There appears to me to be three matters of most importance:

 

1??????? The Cost

 

????????? The full implementation of the plan has not been costed but will be $300,000 to $400,000.? It needs to be understood that progress will depend on funding outside of Council resources through grants and benefactors.

 

2??????? The removal of picnic style tables from the top level

 

????????? The current placement of these tables actually obstruct pedestrians and have to be removed to allow the footpath and steps to be built and be functional.

 

????????? The two decks can be used as replacement sites and more opportunities will exist on the lower level.

 

3??????? The removal of trees

 

?????????????? The Kaffir Plums will be removed because of the litter and threat to safety

?????????????? The fig trees towards the bridge will be removed because of the damage they are causing to the retaining wall

?????????????? A few trees on the lower level are of low quality and need to be removed

 

 

CONSULTATION:

 

?????????????? Joans Army

?????????????? Council?s Parks Supervisor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Any trees likely to be removed are exotic.? The Foreshore is largely a manmade environment.

 

Social

 

The River Street Foreshore is an important community area in the Central Business District area of Macksville.

 

Economic

 

The Foreshore provides the opportunity for motorists to stop and is a busy location for lunchtime crowds supporting local businesses.

 

Risk

 

The proposals may not be acceptable to all parties.?

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No funding provided in the 2009/2010 budget.? Future maintenance costs should not increase.? Council is assisted by volunteers for this area.

 

Source of fund and any variance to working funds

 

Council will need to allocate over $300,000 during the life of the project from all sources.

 

Attachments:

1View

25811/2009 - 25811/2009 - Letter from Joans Army

 

2View

?- 25964/2009 - Circularised document - River Street Foreshore Concept Plans

 

??


General Purpose Committee - 18 November 2009

River Street Foreshore - Macksville - Landscape Development Plan

Attachment 1

25811/2009 - Letter from Joans Army

 

?


General Purpose Committee - 18 November 2009

River Street Foreshore - Macksville - Landscape Development Plan

Attachment 2

25964/2009 - Circularised document - River Street Foreshore Concept Plans

 

 

 

 

 

25964/2009 - CIRCULARISED DOCUMENT

 

 

River Street Foreshore - Macksville - Landscape Development Plan

 

 

 

?


General Purpose Committee

18 November 2009

Director of Engineering Services Report

ITEM 11.4??? SF1067??????????? 181109???????? Visitor Information Centre Finger Wharf

 

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

 

Summary:

 

The installation of a boarding pontoon and gangway completes Stage II of the Wharf near the Tourist Office, Nambucca Heads.

 

The opportunity is being taken to the inspect the facility.

 

 

Recommendation:

 

That Council invite The Hon Joe Tripodi MP Minister for Ports and Waterways or his representative to an official opening of the Nambucca Heads Finger Wharf and Macksville Boat Boarding facility at an acceptable date.

 

 

OPTIONS:

 

No other options.

 

DISCUSSION:

 

Stage II of the construction of the Tourist Office Wharf, Nambucca Heads has been completed and can be accessed by a range of recreational and commercial vessels.

 

The opportunity is being taken to test its functionality by a short trip on the local cruise boat.

 

 

CONSULTATION:

 

Manager Technical Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No direct change.

 

Social

 

Improved facility for boating activities.

 

Economic

 

The Wharf provides the opportunity for commercial boats to obtain a Department of Lands Licence to access the Wharf for loading and unloading of passengers.

 

Risk

 

Wharf may not be used to its full potential.


 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$52,500 provided in budget.

 

Source of fund and any variance to working funds

 

The total cost of $52,500 has been met by a grant of $30,000 from NSW Maritime and $22,500 from Council through the Environmental Levy (Implementation of the Estuary Management Plan).

 

Attachments:

There are no attachments for this report.


General Purpose Committee

18 November 2009

Director of Engineering Services Report

ITEM 11.5??? SF922????????????? 181109???????? Memorial in Honour of Caleb Jarrett - Nambucca Heads

 

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

 

Summary:

 

Council considered a design for a memorial in recognition of Caleb Jarrett on 16 September 2009 and sought a redesign as the proposal did not meet Council?s Policy on this matter.

 

The new proposals are still similar to the original and still do not comply with the intent of a bench seat with a plaque.

 

 

Recommendation:

 

That Council give consent to the Memorial in honour of Caleb Jarrett at the Mann Street Roundabout, Nambucca Heads based on Plan 2 provided the plaque is placed on the rocks in the seat with all cost to be met by the applicant.

 

 

OPTIONS:

 

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

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

 

 

DISCUSSION:

 

The revised plans for the Caleb Jarrett Memorial are still a ?courtyard? style beyond the policy of a bench seat with a plaque.

 

Plan 2 could be modified by requiring the plaque to be placed on one of the support rocks rather than a separate Memorial.

 

 

CONSULTATION:

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

No change.

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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

 

Attachments:

1View

4972/2007 - POLICY - Memorials on Council Controlled Land

 

2View

22796/2009 - Nambucca Valley Youth Serices Centre letter

 

3View

22802/2009 - Site Map

 

??


General Purpose Committee - 18 November 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 1

POLICY - Memorials on Council Controlled Land

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

MEMORIALS ON COUNCIL CONTROLLED LAND POLICY

 

 

 

Function:? ENVIRONMENT AND PLANNING

 

 

Adopted: 2 November 2000??????

Last reviewed: 17 February 2005?

 

 

 

1.0???? Policy objective

 

This policy is designed to achieve the following objectives

 

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

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

 

 

2.0???? Related legislation

 

 

3.0?????? Definitions

 

 

4.0???? Policy statement

 

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

 

MEMORIALS

 

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

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

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

 

HISTORICAL COMMEMORATIONS

 

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

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

 

5??????? History

 

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

 

Placement of alternative identifications be with Council approval.

 


SERVICE CLUBS

 

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

 

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

 

6??????? Exemption

 

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

 

7??????? Policy Review

 

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

 

8??????? Delegated Authority

 

Delegated Authority is given to the General Manager for approval of commemorative structures in accordance with this Policy.

 

?


General Purpose Committee - 18 November 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 2

Nambucca Valley Youth Serices Centre letter

 


?


General Purpose Committee - 18 November 2009

Memorial in Honour of Caleb Jarrett - Nambucca Heads

Attachment 3

Site Map

 

?? ?