NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting

 

MINUTES OF THE Ordinary Council Meeting HELD ON 18 March 2010

 

The following document is the minutes of the Council meeting held on 18 March 2010.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 1 April 2010 and therefore subject to change.  Please refer to the minutes of 1 April 2010 for confirmation.

 

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 Elaine South

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Bruce Redman (Director Engineering Services)

Greg Meyers (Director Environment & Planning)

Monika Schuhmacher (Minute Secretary)

 

PRAYER

 

Captain John Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a pecuniary interest in General Purpose Committee Meeting and Council’s Ordinary Meeting, Item 9.1 - Report on Exhibition of NLEP 2009 (Recommendation 59) under the Local Government Act as Cr Hoban has relatives who own land adjoining Smiths Lane. Cr Hoban left the meeting for this item.

 

Councillor M Moran OAM declared a pecuniary interest in General Purpose Committee Meeting and Council’s Ordinary Meeting, Item 9.1 - Report on Exhibition of NLEP 2009 (Recommendation 59) under the Local Government Act as Cr Moran is involved with sale of property.  Cr Moran left the meeting for this item.

 

Councillor M Moran OAM declared a pecuniary interest in General Purpose Committee Meeting, Item 9.1 Report on Exhibition of NLEP 2009 (Recommendation 30) under the Local Government Act as Cr Moran is involved with sale of property.  Cr Moran left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 5.1 - Notice of Motion - Investigation into Nambucca Valley Conservation Court Case with Developer under the Local Government Act as Cr Flack has past member of the Nambucca Valley Conservation Association and a past executive member. 

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 8.2 Optus Mobile Telephone Installation - Water Reservoir, 85 Wallace Street, Macksville - Radio Frequency Electromagnetic Energy (EME) Measurements under the Local Government Act as Cr Flack has a family member who lives within the emissions field at Station Street. 

 

Councillor Smyth declared a non-pecuniary significant conflict of interest in Item 5.1 Notice of Motion - Investigation into Nambucca Valley Conservation Court Case with Developer under the Local Government Act as Cr Smyth was a member of the Nambucca Valley Conservation Association.  Cr Smyth left the meeting for this item.

 

Councillor JA Ainsworth declared a pecuniary interest in the following Items Under the Local Government Act as he owns SEPP 14 zoned land and these items impact on this and Cr Ainsworth left the meeting for these items:  General Purpose Committee Meeting, Item 9.1 - Report on Exhibition of NLEP 2009 Recommendations 11, 15, 19a, 31, 32, 42 and 48

 

 


 


 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 4 March 2010

 

1915/10/10 RESOLVED:   (Flack/Court)

 

That the minutes of the Ordinary Council Meeting of 4 March 2010 be confirmed.

 

 

 

NoteCr Flack and Cr Smyth left the meeting at 5.35 pm and returned at 5.37 pm at the conclusion of the Notice of Motion.

 

NOTICE OF MOTION - CR Moran OAM – LATE

 

ITEM 5.1      SF1471              180310      Notice of Motion - Investigation into Nambucca Valley Conservation Court Case with Developer

MOTION:      (Moran/South)

 

That Council write to the Attorney General’s Department and ask them why the Court case in relation to the case between Nambucca Valley Conservation Association and the Developer of East West Road at Valla has been going on for six months.  

 

The Director Environment and Planning advised that the judgement in the Case had been handed down this afternoon and that the applicant was successful.  As a consequence the motion was WITHDRAWN.

 

  

DELEGATIONS

 

1916/10 Resolved:       (Ainsworth/Moran)

 

That the following delegations be heard:

 

ITEM 9.7      Flying-Fox Camp - Bowraville

i)        Ms Dianne Glennon

ii)       Mr John Glanville.

 

Ms Glennon addressed Council making the following points:

·                Bats should be in National Parks and State Forests.

·                Urine splashed onto her daughter

·                Several viruses can be caught from bats

·                Smell and noise unbearable

·                River unusable

·                Trees being damaged

·                Bats must go for health reasons

·                Increased incidents of health issues for nearby residents

·                Issue of sleep deprivation

·                Possible deaths from these environmental vandals

·                Considers Council work inadequate

·                Want our LG representatives to take action

·                Claim to vulnerability must be contested

·                Any risk is too big particularly with the number of children and aged living in the vicinity

·                Not listed as threatened in the Act

·                Clear camphor laurels in Bowraville and check trees in Macksville

·                Recognise difficulties in shifting bat camps

·                450 signatures on a new petition

·                Bat camp has been there for 11 years and is increasing yearly

 

Mr Glanville addressed Council making the following points:

·                     Urge Council to write to State Government

 

ITEM 9.7      SF430                180310      Flying-Fox Camp - Bowraville

1917/10 Resolved:       (Flack/Ballangarry)

 

1        That Council note this report on the Bowraville Flying-Fox camp and what has been done to date.

 

1918/10 Resolved:       (Moran/Ainsworth)

 

2        That Council look at funding from the Environmental Levy that can be used to clear the camphor laurels and that.

 

Motion:      (Flack/Court)

 

3        That Council propose to Bellingen and Coffs Harbour City Councils to investigate the possibility of the development of a Flying-Fox Camp Strategic Management Plan and Site Specific Management Plans, as one of the regional on-ground projects under the “Our Living Coast” project.

 

The motion is LOST.

 

Motion:      (Flack/Smyth)

 

That Council apply for urgent funding under the Foundation for National Parks and Wildlife—Conservation Grants Program for the preparation of a Flying-Fox Strategic Management Plan and Site Specific Management Plans.

 

Amendment:       (Moran/South)

 

That Council apply for urgent funding under the Foundation for National Parks and Wildlife—Conservation Grants Program for the preparation of a Flying-Fox Strategic Management Plan and Site Specific Management Plans.  If unsuccessful that Council then seek funding under the Environmental Levy.

 

The amendment was carried and it became the motion and it was:

 

1919/10 Resolved:       (Moran/South)

 

3        That Council apply for urgent funding under the Foundation for National Parks and Wildlife—Conservation Grants Program for the preparation of a Flying-Fox Strategic Management Plan and Site Specific Management Plans.  If unsuccessful that Council then seek funding under the Environmental Levy.

 

1920/10 Resolved:       (Finlayson/Ainsworth)

 

4        That Council advise the residents that the State and Federal Legislation prevents any effective action by Council to resolve the problems associated with the Flying-Fox and that they be advised to take the matter up with their State and Federal Members of Parliament.  Further, that Council write to the State Government and request what compensation they propose to provide for residents whose amenity and health is affected by Flying-Fox colonies.

 

1921/10 Resolved:       (Hoban/Ainsworth)

 

5        That Council send copies of the residents’ petition to the Minister for Environment and Climate Change and the Minister for Health and invite them to meet with Council and residents on site to discuss options for fixing the problem.

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due notice has been received.

 

 

 

 


General Manager Report

 

ITEM 8.1      SF959                180310      Outstanding Actions and Reports

1922/10 RESOLVED:       (Moran/Finlayson)

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

Note:  Cr Flack note 6.09 pm and returned at 6.10 pm at conclusion of this item.

 

ITEM 8.2      SF1186              180310      Optus Mobile Telephone Installation - Water Reservoir, 85 Wallace Street, Macksville - Radio Frequency Electromagnetic Energy (EME) Measurements

1923/10 Resolved:       (Finlayson/Ainsworth)

 

That the information concerning the measured EME levels for the Optus mobile telephone installation on the water reservoir at 85 Wallace Street, Macksville be received.

 

 

 

ITEM 8.3      SF394                180310      Report on Investments to 28 February 2010

1924/10 RESOLVED:       (Smyth/Finlayson)

 

That the Accountants’ Report on Investments placed to 28 February 2010 be noted.

 

 

 

ITEM 8.4      SF327                180310      Annual General Meeting Minutes - Nambucca District Band – 9 February 2010

1925/10 Resolved:       (Finlayson/Moran)

 

That Council endorse the minutes of the Annual General Meeting of the Nambucca District Band Committee of Management which was held on 9 February 2010 and thank the outgoing Committee for their work in the past twelve months.

 

1926/10 Resolved:       (Court/Finlayson)

 

That Council ask the Nambucca District Band Committee to provide the name of their Committee Secretary.

 

 

 

ITEM 8.5      SF342                180310      Minutes of Annual General Meeting - Valla Beach Tennis Club Committee of Management - 14 February 2010

1927/10 RESOLVED:       (Finlayson/Ainsworth)

 

That Council endorse the minutes of the Annual General Meeting of the Valla Beach Tennis Club Inc Committee of Management which was held on 14 February 2010 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Director Environment and Planning Report

 

ITEM 9.1      SF1261              180310      Outstanding DA's greater than 12 months, applications where submissions received not determined to 22 February 2010

1928/10 RESOLVED:       (Moran/Finlayson)

 

1          That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2          That the applications where submissions have been received be noted and received for information by Council.

 

 

 

ITEM 9.2      SF1261              180310      DEP Applications and Statistical Reports July 2009-June 2010, 2002-2010 and Certificates Received 2004-2010

1929/10 RESOLVED:       (Moran/Ballangarry)

 

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

 

2          That Council note Occupational Certificate released for the years 2004 to 2010.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2004-2010.

 

4          That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2010.

 

 

 

ITEM 9.3      SF1261              180310      DA's and CDC's Received and Determined under Delegated Authority 23 February-8 March 2010

1930/10 RESOLVED:       (Moran/Finlayson)

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

ITEM 9.4      SF1148              180310      Contract Regulatory Officer's Report - February 2010

1931/10 RESOLVED:       (Finlayson/South)

 

That the report from the Contract Regulatory Officer for February 2010 be received and noted by Council.

 

 

 

ITEM 9.5      SF1487              180310      Report on Minutes of the Access Committee held 23 February 2010

MOTION:      (Moran/Smyth)

 

1          That Council endorse the Access Committee’s request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

2          That an access ramp with platform be constructed in the Council Chambers, parallel with the front bench, ie rising from west to east.

 

3          That Fiona Holmes from NSW Guide Dogs be endorsed as a member of the Nambucca Shire Council Access Committee to replace Jenny Croaker who is now working in another region.

 

4          That Council note and endorse the remaining minutes from the Access Committee meeting of 23 February 2010.

 

Amendment:       (Ainsworth/Court)

 

1          That Council endorse the Access Committee’s request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

2          That an indicative design be provided to a Council meeting for the construction of an access ramp to the podium area, parallel with the podium rising from west to east.

 

3          That Fiona Holmes from NSW Guide Dogs be endorsed as a member of the Nambucca Shire Council Access Committee to replace Jenny Croaker who is now working in another region.

 

4          That Council note and endorse the remaining minutes from the Access Committee meeting of 23 February 2010.

 

The amendment was carried and it became the motion and it was:

 

MOTION:      (Ainsworth/Court)

 

1          That Council endorse the Access Committee’s request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

2          That an indicative design be provided to a Council meeting for the construction of an access ramp to the podium area, parallel with the podium rising from west to east.

 

3          That Fiona Holmes from NSW Guide Dogs be endorsed as a member of the Nambucca Shire Council Access Committee to replace Jenny Croaker who is now working in another region.

 

4          That Council note and endorse the remaining minutes from the Access Committee meeting of 23 February 2010.

 

Amendment:       (Hoban/Smyth)

 

1          That Council endorse the Access Committee’s request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

2          That an indicative design be provided to a Council meeting for the construction of an access ramp to the podium area, parallel with the podium rising from west to east.

 

3          That Fiona Holmes from NSW Guide Dogs be endorsed as a member of the Nambucca Shire Council Access Committee to replace Jenny Croaker who is now working in another region.

 

4          That Council note and endorse the remaining minutes from the Access Committee meeting of 23 February 2010.

 

5        That issues or recommendations concerning pedestrians, gofers and traffic be forwarded to the Traffic Committee before coming to Council.

 

The amendment was carried and it became the motion and it was:

 

1932/10 Resolved:       (Hoban/Smyth)

 

1          That Council endorse the Access Committee’s request to be involved in further discussions regarding access and traffic issues at Bellwood.

 

2          That an indicative design be provided to a Council meeting for the construction of an access ramp to the podium area, parallel with the podium rising from west to east.

 

3          That Fiona Holmes from NSW Guide Dogs be endorsed as a member of the Nambucca Shire Council Access Committee to replace Jenny Croaker who is now working in another region.

 

4          That Council note and endorse the remaining minutes from the Access Committee meeting of 23 February 2010.

 

5        That issues or recommendations concerning pedestrians, gofers and traffic be forwarded to the Traffic Committee before coming to Council.

 

 

 

ITEM 9.6      SF127                180310      Natural Resource Projects Officer - 3 days per week 2 year fixed term.

1933/10 RESOLVED:       (Flack/Smyth)

 

That the employment of a 3 day per week, 2 year fixed term Natural Resource Project Officer be considered as part of the 2010/2011 Budget considerations subject to the Environmental Levy continuing.

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 

 

Director Engineering Services Report

 

ITEM 10.1    SF776                180310      Floodplain Management Authority 50th Annual Conference

1934/10 RESOLVED:       (Court/Ballangarry)

 

That Council note the need to progress with the strategy that reviews the Flood Study and Floodplain Risk Management Study for the Nambucca River.

 

 

 

 


Director Engineering Services Report – LATE

 

ITEM 10.2    SF102                180310      Nambucca Cycleway Project  - Grant of Easement for Cycleway  Lot 423 DP 549993

1935/10 RESOLVED:       (Court/Flack)

 

1        That Council agree to the Transfer, for nominal consideration of $1.00, of an easement for cycleway 5 metres wide over Lot 423 in Deposited Plan 549993 for the purposes of constructing part of the Nambucca Coast Cycleway over the said land.

 

2        That Council authorise the General Manager and the Mayor to execute all necessary documents to facilitate the registration of the Transfer granting easement for Cycleway 5 metres wide over Lot 423 in Deposited Plan 54999.

 

3               That Council write to the Australasian Conference Association expressing gratitude for their contribution to the Nambucca Coast Cycleway Project.

 

4               That the four conditions attached to the letter of offer be met.

 

 

 

 


General Purpose Committee REPORT

 

ITEM 8.1           SF1354          180310      December 2009 Budget Review (Item 8.1 in the General Purpose Committee)

1936/10 Resolved:       (Court/Finlayson)

 

1          That the budget review for the quarter ended 31 December, 2009 be received.

 

2          That the recommended increases and decreases in votes are included as subsequent votes for the financial year 2009, 2010.

 

3          That $8,000 is provided to meet the cost of the disposal of demolition material for the Cycleway Project.

 

4          That $15,500 is provided to meet the cost of the disposal of mixed waste for the clean up by the Nambucca Heads Land Council clearing.

 

1937/10 Resolved:       (Court/Flack)

 

6        That Council write to the Rural Fire Service to query what the underestimated costs relate to.

 

 

 

 

ITEM 8.2           SF841            180310      Upgrading of the Pacific Highway - Warrell Creek to Urunga - Submission on Environmental Assessment (Item 8.2 in the General Purpose Committee)

1938/10 RESOLVED:       (Hoban/South)       

 

That a submission on the Environmental Assessment for the Upgrading of the Pacific Highway – Warrell Creek to Urunga be made to the NSW Department of Planning incorporating the following points:

 

1          That the Department be asked to clarify the reference on page 188 to the loss of endangered ecological community representing, “a relatively small proportion of the total remaining area of each EEC on the Macleay Coastal Floodplain”.

 

2          That the Department be asked to consider the submissions from Kay Donnelly, Chris Holliday and David, Annette, Natasha, Leilani, Johnteio Grant.

 

3          That the upgrade, at least between Warrell Creek and Ballards Road proceed as a single stage as soon as possible.

 

4          The cost of all changes to Council owned infrastructure arising out of the upgrading of the Pacific Highway, whether direct or indirect, should be met by the RTA and this should be a condition of any project approval.

 

5          That Council is financially unable to accept responsibility, either in whole or in part, for the existing Pacific Highway and the Macksville Bridge.

 

6          That the Department require the bridge option north of the Nambucca River (option 2) as it has a lesser flood impact to the earth embankment (option 1).

 

7          That irrespective of recommendation 6. that the Roads and Traffic Authority (RTA) undertake further modelling and design modification to ensure that:

            a        the proposed highway across the Gumma floodplain and the northern side of the Nambucca River has NO effect on the flood levels upstream from the proposed route;

            b        the height of the roadway be well clear of the estimated height of a 1 in 100 year flood and the forecast 2050 sea level rise.

 

8          That further details be provided regarding the identification of noise sensitive vacant land within the study area. If noise sensitive vacant land is identified then an assessment of potential noise impacts is recommended at these locations.

 

9          That the predicted existing road traffic noise levels (for current year, 2007) be provided within (or as an Addendum to) the Noise and Vibration Impact Assessment Report.

 

10         That information be provided with regard to the level of noise reduction achieved by the low noise road surface and, in particular, what assumptions were made in the road traffic noise model in this regard.

 

11        That the complete noise modelling results be presented for each scenario to have the benefit of providing the reader with greater confidence that the design criteria and allowances have been applied correctly. This will also provide more clarity to the identified residents with regard to whether or not they will qualify for further noise mitigation investigation. Alternatively, it may be more appropriate to provide the comprehensive noise modelling results at the detailed design stage when there is more certainty with regard to the final road design.

 

12        That the RTA clarify the difference between their flood level and Council’s flood level at the site of the proposed bridge.

 

 

1939/10 Resolved:       (Moran/South)

 

13        Write to RTA to ask for costings to be carried out and compensation be given to Council for loss of rates and other associated charges by Council on properties which will be taken by the RTA for the new highway.

 

 


 

ITEM 8.3           SF544            180310      Section 94 Progress Report (Item 8.3 in the General Purpose Committee)

1940/10 Resolved:       (Court/Flack)

 

That the information on the status of the Section 94 works program be received and thank Mr Potts for attending to the meeting to address Council.

 

 

 

 


ITEM 9.1           SF241            180310      Report on exhibition of Nambucca Local Environmental Plan (NLEP) 2009 (Item 9.1 in the General Purpose Committee)

 

1941/10 Resolved:       (Hoban/Moran)

 

1          That Council defer the inclusion of Ecotourism as a permissible land use with consent in zones RU1, RU2, R5, SP3, RE1, RE2 and E3 until a definition is provided.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1942/10 Resolved:       (Hoban/Court)

 

2          That Council note that the Department of Planning has excluded the coastal side of Matthew Street Scotts Head from SEPP (Exempt and Complying Development Codes) and that the 6.5m height limit will be exhibited in conjunction with the Consolidate Development Control Plan (DCP), and the floor space ratio map be amended to 0.4:1 in draft NLEP 2009.

 

FOR THE MOTION:                   Councillors: Hoban, Ainsworth, Finlayson, South, Court, Ballangarry,

                                                Smyth, Moran and Flack                                                            (Total: 9)

AGAINST THE MOTION: Nil                                                                                            (Total: 0)

 

 

1943/10 Resolved:       (Hoban/Moran)

 

3          That Council amend the Draft NLEP 2009 Height Maps to provide the area bounded by Wellington Drive, Lower Lee Street, Buckman Lane and Bay Street with an 8.5m height limit from the Agreed Natural Ground Level.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                          (Total: 0)

 

 

1944/10 Resolved:       (Hoban/Court)

 

4          That the proposed commercial land at Valla Beach (Lot 7 DP 821952) be provided with a 10m height limit which will allow for a reasonable scale commercial development providing flexibility for shop top housing.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

 

1945/10 Resolved:       (Hoban/Moran)

 

5          That the parcel of land currently occupied by Valla Real Estate be zoned B4 Mixed Use.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry,

                                                         Smyth, Flack, Ainsworth and Moran                                            (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                          (Total: 0)

 

 

1946/10 Resolved:       (Hoban/Moran)

 

6          That Clause 7.2(2) of Draft NLEP 2009 be amended to enable dual occupancy development to occur on lots less than 600m2 in the R3 Medium Density Residential zone.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1947/10 Resolved:       (Hoban/Court)

 

7          That the request to vary the zone boundary over Lot 1 DP 125637 and Lot 90 DP 755554 not be supported as the boundaries are identical to the zone boundary in NLEP 1995.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1948/10 Resolved:       (Hoban/Moran)

 

8          That Council note that the exhibition period for Draft NLEP 2009 exceeded the minimum legislative requirements.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

MOtion:      (Flack/Smyth)

 

9          That Council include the optional Preservation of Trees or Vegetation Clause in Draft NLEP 2009, noting that the clause will not take effect until an a Department of Planning DCP relating to tree preservation is in force.

 

FOR THE MOTION:                   Councillors: Ballangarry, Smyth and Flack                                   (Total: 3)

AGAINST THE MOTION: Councillors: Hoban, Moran, Finlayson, Ainsworth,

                                                Court and South                                                                         (Total: 6)

 

The motion was LOST.

 

 

 

 

 

 

 

 

 

 

1949/10 Resolved:       (Hoban/Court)

 

10      That in the event that the State Government doesn’t apply Native Vegetation Act to R5 Large Lot Residential zone, Council consider a DCP in regard to vegetation management in this zone.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

NoteCr Ainsworth left the meeting for Item 11 and returned at the conclusion of this item.

 

1950/10 Resolved:       (Moran/South)

 

11        That Council not exclude dwellings as a permissible land use in the E2 zone as dwellings are currently permissible under the NLEP 1995.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, South and Court                (Total: 5)

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

 

 

1951/10 Resolved:       (South/Court)

 

11a      That the last speaker (Mr Hardyman) be heard prior to voting on this motion.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1952/10 Resolved:       (Moran/Finlayson)

 

12        That Council note that the endorsed Nambucca Rural-Residential Land Release Strategy is the basis for all future Rural-Residential land releases in the Shire except where supporting documentation has been provided by a landowner which confirms that the constraints mapping used by Council in the determination of these areas, is incorrect, and this documentation is to be forwarded to the Department of Planning for their consideration and determination.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

 

1953/10 Resolved:       (Hoban/Moran)

 

13        That Council note the submission in regard to the allocation of the Environmental Levy is unrelated to the draft NLEP 2009.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

 

 

 

1954/10 Resolved:       (Hoban/Moran)

 

14        That Council take no further action at this time in regard to the development of a Biodiversity Management Plan.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

NoteCr Ainsworth left the meeting for Item 15 and returned at the conclusion of this item.

 

1955/10 Resolved:       (Moran/South)

 

15        That Council take no action in regard to buffers between SEPP 14 Wetlands and Residential zones at this stage.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, South, and Court               (Total: 5)

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

 

 

1956/10 Resolved:       (Flack/Ballangarry)

 

16      That Council take no further action at this time in regard to the development of a Marine Management Plan but reconsider the possibility should resources become available.

 

FOR THE MOTION:                   Councillors: Court, Ballangarry, Smyth, Flack and South              (Total: 5)

AGAINST THE MOTION: Councillors: Hoban, Ainsworth, Moran and Finlayson                    (Total: 4)

 

 

1957/10 Resolved:       (Moran/Finlayson)

 

17         That Council take no further action at this time in regard to the development of a Koala Plan of Management.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth,

                                                and South                                                                                 (Total: 6)

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

 

 

1958/10 Resolved:       (Court/South)

 

18        That Council note that adequate Climate Change provisions exist in Draft NLEP 2009 and further amendment may be required following the completion of the specialist studies.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, Ainsworth, Moran, South, Court

                                                         and Ballangarry                                                                         (Total: 7)

AGAINST THE MOTION:            Councillors: Smyth and Flack                                                    (Total: 2)

 

NoteCr Flack requested that her vote be recorded as against this resolution because she feels there are inadequate provisions in the Draft LEP concerning Climate Change.

 

 

 

 

 

 

 

 

 

MOTION:      (Flack/Smyth)

 

19      That Council note that the E3 and E2 zones applied to the Shire are generally a best fit transfer from NLEP 1995 to Draft NLEP 2009. Should further studies be undertaken in the future that warrant greater protection, Council will consider the rezoning at that time.

 

FOR THE MOTION:                   Councillors: Court, Ballangarry, Smyth and Flack                         (Total: 4)

AGAINST THE MOTION: Councillors: Hoban, Moran, Finlayson and South                          (Total: 4)

 

Note: The Mayor, Cr Hoban, exercised her casting vote AGAINST the motion as this was not in accordance with the recommendation.

 

The MOTION was LOST.

 

 

Note:  Cr Ainsworth left the meeting for Item 19a at 9.26 pm and returned at 9.28 pm at the conclusion of this item.

 

1959/10 Resolved:       (Court/Flack)

 

19a      That Council write to those people have made previous submissions in relation to the rezonings of environmental zones and advise that the zonings were generally a “best fit” transfer from the current NLEP 1995 to Draft NLEP 2009, and suggest that a fully supported submission providing justification of their suggested rezoning, will be considered as a future LEP Amendment.

 

FOR THE MOTION:                   Councillors: Hoban, Finlayson, Moran, South, Court, Ballangarry,                                               Smyth and Flack                                                                      (Total: 8)

AGAINST THE MOTION: Councillors:  Nil                                                                         (Total: 0)

 

 

1960/10 Resolved:       (Moran/Finlayson)

 

20         That Council not remove extractive industry and earthworks from the E3 zone as a permissible land use.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

 

1961/10 Resolved:       (Moran/Finlayson)

 

21        That Council note that the E3 and RU2 zones applied to Morgans Gully are a best fit transfer from NLEP 1995 to Draft NLEP 2009. Should further studies be undertaken in the future that warrant greater protection, Council may consider the rezoning at that time.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

NoteCr Flack requested that her vote be recorded as against this resolution as she believes sufficient scientific data and justification already exists to warrant E2 zoning of Morgans Gully.

 

 

 

 

 

 

 

1962/10 Resolved:       (Moran/Finlayson)

 

22        That Council not incorporate a Wildlife Corridor between Warrell Peninsula and the Southern Higher Ground at this time, but should further studies be undertaken in the future that warrant the incorporation of a corridor, Council may consider it at that time.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

NoteCr Flack requested that her vote be recorded as against this resolution as she believes ample scientific evidence of the flora and fauna high conservation values already exists for the area and is more than sufficient to warrant protection.

 

 

1963/10 Resolved:       (Hoban/Moran)

 

23        That Council not consider applying a RU6 Transition zone in Draft NLEP 2009, between rural, rural-residential and environmentally sensitive areas.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1964/10 Resolved:       (Finlayson/Moran)

 

24        That Council maintain the B7 Business Park zone in the Lower Nambucca Area.

 

FOR THE MOTION:                             Councillors: Hoban, Moran, Finlayson, Ainsworth,

                                                         and South                                                                                 (Total: 5)

AGAINST THE MOTION:            Councillors: Court, Ballangarry, Smyth and Flack                         (Total: 4)

 

 

1965/10 Resolved:       (Hoban/Moran)

 

25        That Council note that the Department of Planning do not allow for the inclusion of the identified Agreed Growth Areas to be shown on the Urban Release Area Maps.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1966/10 Resolved:       (Moran/South)

 

26        That Council not include any changes to the proposed zones in the Warrell Peninsula area and that those making submissions be advised that Council has resolved to defer any decision until the definition of eco-tourism has been determined.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

 

 

1967/10 Resolved:       (Moran/South)

 

27        That Council not change the RU2 Rural Landscape Zone in Draft NLEP 2009 for Lot 1 DP 876141 and that those making submissions be advised that Council has resolved to defer any decision until the definition of eco-tourism has been determined.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1968/10 Resolved:       (Hoban/Moran)

 

28        That Council not make any amendments to Draft NLEP 2009 in regard to road access for Lot 1 DP 876141.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                          (Total: 0)

 

 

1969/10 Resolved:       (Hoban/Court)

 

29      That should further justification be presented in the future to Council such that warrants greater protection, Council consider the rezoning at that time.

 

FOR THE MOTION:                            Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

Note: Cr Moran left the meeting at 7.12 pm and returned at 7.15 pm at the conclusion of this item.

 

1970/10 Resolved:       (Court/South)

 

30        That Council not change the B2 Local Centre zones to B4 Mixed Use zones in Scotts Head. Should further studies be undertaken in the future that warrant the change of zone, Council may consider the rezoning at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry,

                                                         Smyth and Flack                                                                      (Total: 7)

AGAINST THE MOTION: Councillors: Moran                                                           (Total: 1)

 

 

NoteCr Ainsworth left the meeting for Item 31 at 7.07 pm and returned at 7.08 for this and returned at the conclusion of this item.

 

1971/10 Resolved:       (Hoban/Moran)

 

31        That Council not change the R1 Residential zone to E2 Environmental Conservation zone over the land contiguous with Warrell Reserve at Scotts Head. Should further studies be undertaken in the future that warrant the change of zone, Council may consider the rezoning at that time and should further justification be presented in the future to Council such that warrants greater protection, Council consider the rezoning at that time.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, South Ballangarry,

                                                Smyth and Flack                                                                      (Total: 8)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

NoteCr Ainsworth left the meeting for Item 32 and returned at the conclusion of this item.

 

1972/10 Resolved:       (Moran/South)

 

32        That Council not change the RE1 Public Reserve zone to E2 Environmental Conservation zone where applied over Crown Land and Beaches.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, South, and Court               (Total: 5)

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

 

 

1973/10 Resolved:       (Hoban/Moran)

 

33        That Council note that the E4 Environmental Living Zone has not been used as there was no equivalent zone in NLEP 1995.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1974/10 Resolved:       (Hoban/Moran)

 

34        That Council note that Draft NLEP 2009 does not govern the number of youth facilities available or permissible in the Shire.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1975/10 Resolved:       ((Hoban/Moran)

 

35        That Council note that Draft NLEP 2009 does not propose to identify Community Land that should be disposed of as this is a separate process.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1976/10 Resolved:       (Hoban/Moran)

 

36        That Council note that Draft NLEP 2009 does not address parking at the Visitor Information Centre.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1977/10 Resolved:       (Hoban/Moran)

 

37        That Council note that Draft NLEP 2009 identifies the maximum building height in Wellington Drive as 12m.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1978/10 Resolved:       (Hoban/Moran)

 

38        That Council note that the R5 Large Lot Residential Zone boundaries are generally controlled by the constraints mapping that it had available at the time and that the final boundary alignment has followed property boundaries, road or geographical features where appropriate.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1979/10 Resolved:       (Hoban/Moran)

 

39        That Council note that the R5 Large Lot Residential Zone shall apply to all lawfully approved rural-residential subdivisions and that boundaries for the R5 zone are generally controlled by the constraints mapping that it had available at the time and that the final boundary alignment has followed property boundaries, road or geographical features where appropriate.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1980/10 Resolved:       (Hoban/Moran)

 

40        That Council note that the R5 Large Lot Residential Zone shall apply to all lawfully approved rural-residential subdivisions.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1981/10 Resolved:       (Hoban/Moran)

 

41        That Council note that approximately 2ha of land is proposed to be zoned for Commercial purposes in Valla Beach.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

NoteCr Ainsworth left the meeting for Item 42 and returned at the conclusion of this item.

 

1982/10 Resolved:       (Hoban/Moran)

 

42        That Council note that there are 3 Environmental Zones proposed under Draft NLEP 2009 compared to 4 under NLEP 1995.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry,

                                                         Smyth, Flack and Moran                                                            (Total: 8)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

1983/10 Resolved:       (Hoban/Moran)

 

43        That Council note that the Medium-High density zonings in Draft NLEP 2009 reflect the current Medium-High density zones under NLEP 1995.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1984/10 Resolved:       (Hoban/Moran)

 

44        That Council note that a shop will be permissible with consent in the R1, R3 and R4 Residential Zones which will provide opportunity for a small scale local shop to be developed in Hyland Park.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1985/10 Resolved:       (Hoban/Moran)

 

45        That Council note that Clause 5.5 of Draft NLEP 2009 makes provision to ensure public access to the foreshore is considered, provided and maintained.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1986/10 Resolved:       (Hoban/Moran)

 

46        That Council amend the R5 Large Lot Residential Boundary over Lot 42 DP 711098 to align with the identified hard vegetation or flooding constraint.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1987/10 Resolved:       (Moran/Finlayson)

 

47        That Council amend the R5 Large Lot Residential Boundary over Lot 2 DP 773170 as the applicant has provided documentation to show the boundary in question is not a High Hazard Flood Storage area as shown in the Nambucca River Flood Study and adopted Floodplain Risk Management Plan.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

 

 

 

 

 

 

 

 

NoteCr Ainsworth left the meeting for Item 48 and returned at the conclusion of this item.

 

1988/10 Resolved:       (Moran/South)

 

48        That Council not incorporate an E2 zone on that part of Morgan Gully situated on Lot 103 DP 776168 but should further studies be undertaken in the future that warrant the incorporation of the E2 zone, Council may consider it at that time.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson and South                (Total: 5)

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

 

 

1989/10 Resolved:       (Hoban/Moran)

 

49        That Council not change the RU1 Zone to IN2 Light Industrial Zone in Draft NLEP 2009 over part of Lot 1046 DP 826440, and that the land owner be advised to pursue the proposal through the Gateway Planning Proposal process providing the justification and compliance with Appendix 1 of the Mid North Coast Regional Strategy can be demonstrated.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                            (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1990/10 Resolved:       (Hoban/Moran)

 

50        That Council note that Clause 5.10 of Draft NLEP 2009 makes provision to ensure Aboriginal Heritage Items are appropriately considered.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                            (Total: 9)

AGAINST THE MOTION: Councillors: NIL                                                                        (Total: 0)

 

 

1991/10 Resolved:       (Hoban/Moran)

 

51        That Council not change the R5 Large Lot Residential Zone boundary over Lot 1031 DP 629663 as the land is largely covered by constraints.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

1992/10 Resolved:       (Finlayson/Moran)

 

52        That Council change the maximum height limit over Lot 3 DP 773986 from 10m identified in Draft NLEP 2009 back to 14m.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, Moran and South and

                                                         Ainsworth                                                                                 (Total: 5)

AGAINST THE MOTION: Councillors: Ballangarry, Smyth, Flack and Court                        (Total: 4)

 

 

1993/10 Resolved:       (Hoban/Moran)

 

53        That Council not change the proposed part R5 Large Lot Residential zone to RU2 Rural Landscape zone over Lot 31 DP 1067144 as it will no doubt elevate land use conflicts.

 

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

MOTION       (Moran/Finlayson)

 

54        That Council note that the RE1 Public Recreation zone proposed for the Sand Island allows for recreational areas and the like.

 

Amendment:       (Flack/Smyth)

 

That the Sand Island be zoned E2.

 

The amendment was LOST.

 

FOR THE MOTION:                             Councillors: Ballangarry, Smyth and Flack                                  (Total: 3)

AGAINST THE MOTION: Councillors: Court, Hoban, Finlayson, Ainsworth South

                                                and Moran                                                                                (Total: 6)

 

 

1994/10 Resolved:       (Moran/Finlayson)

 

54        That Council note that the RE1 Public Recreation zone proposed for the Sand Island allows for recreational areas and the like.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Finlayson, Ainsworth South

                                                                            and Moran                                                             (Total: 6)

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

 

 

1995/10 Resolved:       (Moran/Finlayson)

 

55        That Council not take any action to place Environmental Protection zones over riparian areas in Draft NLEP 2009, but should further studies be undertaken in the future that warrant greater protection, Council may consider the rezoning at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Ainsworth and Moran         (Total: 5)

AGAINST THE MOTION: Councillors: Court, Ballangarry, Smyth and Flack                         (Total: 4)

 

 

1996/10 Resolved:       (Hoban/Court)

 

56        That Council note the submission in regard to the maintenance and provision of landscaping and shade trees and that controls currently exist for landscaping required through a development consent and that the maintenance of shade trees in public areas is currently controlled by Council’s Engineering Services Department.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

 

 

 

 

 

1997/10 Resolved:       (Moran/Finlayson)

 

57        That Council not prepare a significant tree register in association with the Preservation of Trees or Vegetation Clause at this stage.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                 and South                                                                                (Total: 6)

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

 

 

 

1998/10 Resolved:       (Hoban/Moran)

 

58        That Council not change the proposed part B3 Commercial Core zone over Lot 10 DP 1125923, noting that the Bus depot may continue under existing use rights.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

Note: Councillors Hoban and Moran left the meeting at 7.37 pm and returned at 7.50 pm at the conclusion of the recommendation (59).

Note: Deputy Mayor, Cr Court, assumed the Chair for the duration of this recommendation (59).

 

1999/10 Resolved:       (Flack/Smyth)

 

59        That Council not expand the R5 Large Lot Residential zone over Lot 4 DP 1076959 by a further 9.11ha as it is outside the approved strategy and would likely delay the gazettal of Draft NLEP 2009.

 

FOR THE MOTION:                   Councillors: Court, Ballangarry, Smyth and Flack                         (Total: 4)

AGAINST THE MOTION: Councillors: Finlayson, South and Ainsworth                               (Total: 3)

 

 

2000/10 Resolved:       (Hoban/Moran)

 

60        That Council not change the RU1 Primary Production Zone to R1 General Residential Zone in Draft NLEP 2009 over Lots 11 and 12 DP 1017408 & Lot 2 DP 514920, and that land owners be advised to pursue the proposal through the Gateway Planning Proposal process providing the justification and compliance with Appendix of the Mid North Coast Regional Planning Strategy.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2001/10 Resolved:       (Hoban/Moran)

 

61        That Council not include a B1 Neighbourhood Centre Zone under Draft NLEP 2009 over part of Lot 11 DP 808007 & Lot 21 DP 1064874 at this stage but advise the landowner that should actual demand and the need arise for a B1 Zone in this locality compared to a neighbourhood shop permissible under the R1 zone then Council will review the matter at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2002/10 Resolved:       (Hoban/Moran)

 

62        That Council include Forest Lodge as a Heritage Item under the Schedules of Draft NLEP 2009.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                            (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

2003/10 Resolved:       (Hoban/Moran)

 

63        That Council note the request from the Argents Hill Hall Committee for the inclusion of the Argents Hill Hall as a Heritage Item under the Schedules of Draft NLEP 2009.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2004/10 Resolved:       (Hoban/Moran)

 

64        That Council note that the additional land uses that it supported over Lot 3 DP 749153 were removed by the Department of Planning via the issue of the Section 65 Certificate and the applied zones are a "best fit" from the old IDO to the new Standard Template format

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2005/10 Resolved:       (Hoban/Court)

 

65        That Council note Planning Legislation exists in NSW which Council is required to administer which does not allow landowners to do what they want with their land.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2006/10 Resolved:       (Moran/Finlayson)

 

66        That Council note that the rezoning of part of Valla Beach Resort to R3 Residential Medium Density zone through Draft NLEP 2009 has been identified through the Structure Plan process and provides for a logical extension of the residential zone in this area.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                and South                                                                                 (Total: 6)

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

 

NoteCr Flack requested that her vote be recorded as against this resolution as she believes the rezoning will result in even further loss of high conservation value remnant old growth native vegetation in the area.

 

 

 

 

 

 

2007/10 Resolved:       (Hoban/Court)

 

67        That Council not change the proposed R1 General Residential zone to B2 Local Centre zone in Draft NLEP 2009 for Lot 6 DP 242819 as the B2 zone will provide for incompatible land uses.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

2008/10 Resolved:       (Hoban/Moran)

 

68        That Council make no changes to mandatory provisions within the Draft LEP 2009.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2009/10 Resolved:       (Moran/Finlayson)

 

69        That Council not include the Local Model Provisions for Foreshore Building Lines or Foreshore Areas.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                and South                                                                                 (Total: 6)

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

 

 

2010/10 Resolved:       (Hoban/Moran)

 

70        That Council amend Clause 7.1 of the Draft NLEP 2009 to reflect the Local Model Provisions as drafted by the Department of Planning.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2011/10 Resolved:       (Hoban/Moran)

 

71        That Council not amend the R5 Large Lot Residential boundary over Lot 2 DP 1013029.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2012/10 Resolved:       (Hoban/Moran)

 

72        That Council remove the RU1 Zone and replace it with an R1 General Residential Zone and E3 Environmental Management Zone in Draft NLEP 2009 over part of Lot 2 DP 1071503.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2013/10 Resolved:       (Hoban/Court)

 

73        That Council not change the RU1 Zone to a residential zone in Draft NLEP 2009 over Lot 1 DP 805752, and that the land owner be advised to pursue the proposal through the Gateway Planning Proposal process providing the justification and compliance with Appendix 1 of the Mid North Coast Regional Strategy can be demonstrated.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Moran and Flack                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

motion:      (Court/Flack)

 

74        That Council not amend the proposed RU2 Zone on Lot 103 DP 819474 to R5 Large Lot Residential as it would be inconsistent with the Rural-Residential Release Strategy.

 

FOR THE MOTION:                   Councillors: Court, Ballangarry, Smyth and Flack                        (Total: 4)

AGAINST THE MOTION:           Councillors: Hoban, Moran, Finlayson, Ainsworth and South         (Total: 5)

 

The motion was LOST.

 

 

2014/10 Resolved:       (Finlayson/Ainsworth)

 

74a      That the proposed RU2 Zone on Lot 103 DP 819474 be amended to R5 Large Lot Residential.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, Ainsworth

                                                and South                                                                                (Total: 5)

AGAINST THE MOTION:            Councillors: Court, Ballangarry, Smyth and Flack                        (Total: 4)

 

 

2015/10 Resolved:       (Hoban/Ainsworth)

 

74b      That the Department of Planning be advised that justification for resolution 74a is the severance of the property by Wilson Road with traffic volumes and the lack of water on one side of the road making it impossible to use the whole property as an agricultural holding.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, Ainsworth

                                                and South                                                                                (Total: 5)

AGAINST THE MOTION:            Councillors: Court, Ballangarry, Smyth and Flack                        (Total: 4)

 

 

2016/10 Resolved:       (Finlayson/Ainsworth)

 

74c       That Council amend the proposed RU2 Zone on Lot 103 DP 819474 to R5 Large Lot Residential as it would be inconsistent with the Rural-Residential Release Strategy.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, Ainsworth and South         (Total: 5)

AGAINST THE MOTION:            Councillors: Court, Ballangarry, Smyth and Flack                        (Total: 4)

 

 

2017/10 Resolved:       (Hoban/Ainsworth)

 

74d      That the Department of Planning be asked to consider this on the basis of severance by Wilson road, heavy traffic and lack of water on one side of the road.

 

FOR THE MOTION:                   Councillors: Hoban, Moran, Finlayson, Ainsworth and South         (Total: 5)

AGAINST THE MOTION:            Councillors:  Court, Ballangarry, Flack and Smyth                       (Total: 4)

 

 

NoteThe meeting adjourned at 8.40 pm and resumed at 9.10 pm.

 

 

2018/10 Resolved:       (Moran/South)

 

75        That Council permit Places of Public Worship within the RU1 Primary Production Zone in Draft NLEP 2009.

 

FOR THE MOTION:                   Councillors: Finlayson, South, Ainsworth, Ballangarry and

                                                and Moran                                                                                (Total: 5)

AGAINST THE MOTION: Councillors: Court, Hoban, Smyth and Flack                               (Total: 4)

 

 

2019/10 Resolved:       (Hoban/Moran)

 

76        That Council zone the Oyster Creek watercourse as W1 Natural Waterways zone in Draft NLEP 2009 which is consistent with Council’s approach to zoning the waterways in all other areas of the shire.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2020/10 Resolved:       (Hoban/Moran)

 

77        That Council note the response from the Department of Transport and Infrastructure and that Draft NLEP 2009 makes provision for opportunities with sustainable transport and major infrastructure through reference to SEPP Infrastructure.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2021/10 Resolved:       (Hoban/Moran)

 

78        That Council note the response from Housing NSW and the request for an increased height limit and density be considered when Council completes it Residential Land release Strategy later in 2010.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2022/10 Resolved:       (Hoban/Moran)

 

79        That Council require a social impact statement to accompany any application for the redevelopment of low cost housing in caravan parks.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

2023/10 Resolved:       (Moran/Finlayson)

 

80        That Council note the response from the Northern Rivers CMA and should further studies be undertaken in the future that warrant the change of zone or amalgamation of the small E3 zones into the E2 zones, Council may consider the rezoning at that time.

 

FOR THE MOTION:                   Councillors: Court, Hoban, Moran, Finlayson, Ainsworth

                                                and South                                                                                 (Total: 6)

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

 

Note: Cr Flack voted against this recommendation as she believes E3’s should be put into E2 now.

 

 

2024/10 Resolved:       (Moran/South)

 

81        That Council note the response from the NSW Office of Water and should further studies be undertaken in the future that warrant the change of zone or the inclusion of the suggestions, Council may consider the matters at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         and Moran                                                                                (Total: 7)

AGAINST THE MOTION: Councillors: Flack and Smyth                                                    (Total: 2)

 

NoteCr Flack requested that her vote be recorded as against this resolution because there are a number of important issues in the submissions which should have been given greater consideration before adopting the LEP.

 

 

2025/10 Resolved:       (Moran/South)

 

82        That Council note the response from the DECCW and the matters raised will be further pursued following the Gazettal of the LEP. Further, that should studies be undertaken in the future that warrant amendments, Council may consider making the changes at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         and Moran                                                                                (Total: 7)

AGAINST THE MOTION: Councillors: Flack and Smyth                                                    (Total: 2)

 

NoteCr Flack requested that her vote be recorded as against this resolution because there are a number of important issues in the submissions which should have been given greater consideration before adopting the LEP.

 

 

2026/10 Resolved:       (Hoban/Moran)

 

83        That Council confirm the boundaries of State Forest zoned land prior to forwarding draft NLEP 2009 to Department of Planning for approval and further, that Council note the other matters raised by the Department of Industry and Investment and these matters will be further pursued following the Gazettal of the LEP. Further, that should studies be undertaken in the future that warrant the amendments, Council consider making the changes at that time.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

 

2027/10 Resolved:       (Hoban/Moran)

 

84        Council note the comments provided by the RTA and continue to assess development applications fronting classified roads in accordance with Section 79C of the Environmental Planning and Assessment Act 1979.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2028/10 Resolved:       (Moran/Finlayson)

 

85        That subject to the inclusion of any changes determined from the above recommendations, Council proceed with Draft NLEP 2009 and forward Draft NLEP to the Department of Planning’s Legal Branch requesting the Department seek the opinion of Parliamentary Counsel.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry,

                                                         Ainsworth and Moran                                                                 (Total: 7)

AGAINST THE MOTION: Councillors: Smyth, Flack                                                          (Total: 2)

 

NoteCr Flack requested that her vote be recorded as against this resolution because she believes much greater consideration should have been given to environmental zones and clauses and also to issues raised by DECCW and NSW Office of Water, before adoption of the LEP.

 

 

2029/10 Resolved:       (Hoban/Moran)

 

86        That upon Parliamentary Counsel indicating that Draft NLEP 2009 can be made, Council request the Department of Planning forward a report to the Minister under Section 69 of the EP&A Act and request that the Minister make the Plan.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2030/10 Resolved:       (Hoban/Moran)

 

87        That those persons making formal written submission be advised of Council’s decision in regard to their submission.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

2031/10 Resolved:       (Hoban/Moran)

 

88         That a media release be prepared for issue by the Mayor and be sent to the relevant media outlets advising of Council’s decision to proceed with Draft NLEP 2009.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

 

2032/10 Resolved:       (Court/Flack)

 

89         Council be provided with a report on the process and estimated cost of upgrading our Vegetation Mapping, wholly or in stages so a future review of environmental management can be undertaken and consultation with landholders be held.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, Ainsworth, South, Court, Smyth

                                                         and Flack                                                                                  (Total: 7)

AGAINST THE MOTION: Councillors: Moran and Ballangarry                                             (Total: 2)

 

NoteCr Moran requested that his vote be recorded as against this resolution.

 

 

2033/10 Resolved:       (Hoban/Court)

 

That once the LEP has been adopted Council actively pursue previous assurance of Department of Planning that it will address those small parcels of land with no dwelling entitlement and no potential for productive agricultural use.

 

FOR THE MOTION:                             Councillors: Hoban, Finlayson, South, Court, Ballangarry, Ainsworth,

                                                         Smyth, Flack and Moran                                                           (Total: 9)

AGAINST THE MOTION: Councillors: Nil                                                                         (Total: 0)

 

 

 

ITEM 10.2         PRF72           180310      Kingsworth Estate Public Reserve Access (Item 10.2 in the General Purpose Committee)

2034/10 Resolved:       (Moran/Finlayson)

 

1          That Council agree to a land exchange between part Lot 40 DP 711098 and part Lot 63 DP 1058432 to provide road access to the Kingsworth Estate Public Reserve from Old Coast Road with each parcel of land treated as equal value.

 

2          That each party meet their own legal costs.

 

   

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 9.55 pm. 

 

Confirmed and signed by the Mayor on 1 April 2010.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)