NAMBUCCA SHIRE COUNCIL

 

Special General Purpose Committee

 

MINUTES OF THE Special General Purpose Committee HELD ON 14 December 2009

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Mike Moran OAM

Cr Anne Smyth

Cr Elaine South

 

 

Note:  Councillors Ballangarry and Finlayson were absent from the first part of the inspection at Mr Goesch's property.

 

Note:  Councillor Moran OAM left the Committee Meeting in the Council Chambers immediately prior to the voting on the motion, the time being 3.55 pm.

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Bruce Redman (Director Engineering Services)

Arthur Tsembis (Manager Town Planning)      

 

Note:  The Director Engineering Services was not present during that part of the meeting conducted in the Council Chambers.  He attended the site inspection.

 

 

Special General Purpose Committee

 

 

DISCLOSURE OF INTEREST

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.1 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031 under the Local Government Act as one the opponents is Cr Flack's mechanic and one supporter is Cr Flack's butcher. Cr Flack remained in the meeting for this item.

 

Councillor AM Smyth declared a non-pecuniary less significant conflict of interest in Item 8.1 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031  under the Local Government Act as one of the supporters, Dangerous Dan's Butchery, is a butcher Cr Smyth uses in Macksville.  Cr Smyth reaming in the meeting for this item.

 

Councillor AM Smyth declared a non-pecuniary less significant conflict of interest in Item 8.1 Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031  under the Local Government Act as one of the objectors, Mr Goesch, is Cr Smyth' family's mechanic.  Cr Smyth remained in the meeting for this item.

 

 

  

DELEGATIONS

At the site inspection Council heard from Mr Goesch and Mr Rainey (objectors) and also from Ms Henderson and Mr Goodwin (in support of the application).

 

The first part of the inspection occurred on Mr Goesch's property.

 

Mr Goesch addressed General Purpose Committee making the following points:

·    The pig numbers have been much greater

·    The property has recently been tidied and top soil has been brought in


DELEGATIONS continued

 

·    Believes the buffer distances are inadequate

·    Advised that the odour from the piggery has been bad—that the odour is from pigs and cannot be blamed on importing poultry manure

 

Mr Rainey addressed the General Purpose Committee making the following points:

·    Advised of his family's experience with piggeries and intensive livestock keeping

·    Advised that it is the wrong location for a piggery

·    Referred to legal advice and SEPP 30 and believes the development is against the law

·    Advised that in aggregate the piggery would produce 34 tonnes of pig manure every year

·    Believes there is potential damage to the waterway and wetland

 

The second part of the inspection occurred on the road reserve in front of the applicant's property, 266 Irvines Road, Tewinga.

 

Ms Henderson address the General Purpose Committee making the following points:

 

·    Reference was made to the Right to Farm provisions in the 149 Certificate and that Council had to accept the usual agricultural impacts

·    Advised that the development application had been withdrawn

·    Advised that the farm would not exceed the prescribed number of pigs set down in SEPP 30

·    Believes that objectors should be advised that further complaints will not necessarily be followed up

·    Believes there is no reason for Council to obtain further legal advice

·    Then addressed the specifics of the objections

·    There is no odour

·    More than 200 trees have been planted to screen the property

·    Dust has been raised as an issue, but there are three unsealed roads around Mr Goesch's property which generate far more dust

·    Cattle dung is a major fly-breeder but this is not so with pig dung

·    There are some noise squeals at feeding time, but only for about 15 minutes, twice per day

·    Farming of any land will produce some impacts

·    The wetland is 1 km from the property and the swampy area on the property has been fenced off and trees have been planted

·    Objectors have made misrepresentations about the farm

 

Mr Goodwin address the General Purpose Committee making the following points:

·    Other farmers are concerned about action Council may take to close small farming enterprises such as theirs

 

Following the two part site inspection the General Purpose Committee then returned to the Council Chambers to consider a recommendation.  The meeting resumed in the Council Chambers at approximately 3.05 pm.

 

Director Environment and Planning Report

ITEM 8.1      DA2010/031        141209      Report on Legal Advice Intensive Livestock-keeping Establishment - DA 2010/031

MOTION       (Ainsworth/Finlayson)

 

1          That the applicant be advised that she is entitled to withdraw DA 2010/031 and development consent is not required providing the operation comprises less than 200 pigs, including less than 20 breeding sows.

 

2          That the applicant be requested to confirm, in writing, that the number of pigs will not exceed the prescribed threshold that would otherwise require development consent under the provisions of State Environmental Planning Policy No 30 – Intensive Agriculture.

 

3          That all persons who lodged written submissions to DA 2010/031 be advised in terms of Council’s legal advice that development consent is not required.

 

Amendment:       (Flack/Smyth)

 

That Council seek a Barrister's opinion through Deacons based on all the information which has been provided to Deacons to date as well as the legal advice from Henry, Davis, York.

 

The amendment on being put was LOST.

 

recommendation (Ainsworth/Finlayson)

 

1          That the applicant be advised that she is entitled to withdraw DA 2010/031 and development consent is not required providing the operation comprises less than 200 pigs, including less than 20 breeding sows.

 

2          That the applicant be requested to confirm, in writing, that the number of pigs will not exceed the prescribed threshold that would otherwise require development consent under the provisions of State Environmental Planning Policy No 30 – Intensive Agriculture.

 

3          That all persons who lodged written submissions to DA 2010/031 be advised in terms of Council’s legal advice that development consent is not required.

 

FOR THE RECOMMENDATION:  Councillors Court, South, Finlayson, Hoban and Ainsworth (Total 5)

AGAINST THE RECOMMENDATION: Councillors Ballangarry, Flack and Smyth  (Total 3)

 

Note:  Cr Moran left the Chambers immediately prior to the vote on the motion the time being 3.55 pm.

 

 

 

 

    

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 3.56 pm. 

 

Confirmed and signed by the Mayor on 17 December 2009 .

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)