NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 15 September 2010

 

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

 

1??????? APOLOGIES

2??????? DISCLOSURE OF INTEREST

3??????? General Manager Report

8.1???? Integrated Planning and Reporting Legislation - Briefing on Program to Implement New Requirements

8.2???? Review of Council Policies

8.3???? Nambucca Water Supply - Investigation of Dam Options on the Nambucca River at League Creek and Gravelly Creek

8.4???? Section 94 Developer Contributions - Smiths Lane Local Roads and Traffic Contribution Plan 2010

8.5???? Request to Acquire Road Reservation (Embankment) in front of 17-19 Bowra Street, Nambucca Heads

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

9.1???? Report on Strategies to Address the Ageing Population

9.2???? Nambucca LEP 2010 as made on 30 July 2010

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

10.1?? Tree Removal Pruning Application - 4 Kite Street, Nambucca Heads

10.2?? Tree Removal Pruning Application - 4 Lackey Street, Nambucca Heads ???

 

Time

Description

Where

Item No

Page No

8.30?8.35

Meeting new staff:

Selina McNally, Senior Town Planner

Abby Urquhart, Administrative Support Officer (relief)

Greg McKittrick, Community Services Project Officer

Colleen Henry, Grants Officer

 

CC

 

 

8.35-10.00

Integrated Planning and Reporting - Draft Project Plan - Briefing by Stephen Bunting, Director of Morrison Low Consultants Pty Ltd

 

CC

8.1

4

10.00-10.15

Morning Tea

 

 

 

10.15-10.30

Report on Strategies to Address the Ageing Population

 

CC

9.1

78

10.30-11.00

Review of Council Policies

 

CC

8.2

6

11.00-11.15

Nambucca Water Supply - Investment of Dam Options

 

CC

8.3

67

11.15-11.30

Section 94 ? Smiths Lane

 

CC

8.4

69

11.30-12.00

Nambucca LEP

 

CC

9.2

99

12.00

Lunch

CC

 

 

1.00-1.15

Request to Acquire Road Reservation - 17 to 19 Bowra Street

 

OS

8.5

72

1.30-1.45

Tree Removal Pruning Application:

?4 Kite Street ? and? 4 Lackey Street, Nambucca Heads

OS

10.1

10.2

118

123

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

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

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

??????? ?


General Purpose Committee

15 September 2010

General Manager's Report

ITEM 8.1????? SF1438??????????? 150910???????? Integrated Planning and Reporting Legislation - Briefing on Program to Implement New Requirements

 

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

 

Summary:

 

The consultancy firm Morrison Low has been engaged to prepare a project plan for the implementation of the Integrated Planning and Reporting legislation at a cost of $12,000 excluding disbursements.

 

The work Morrison Low has been engaged to undertake will at a minimum:

 

?????? Establish the various processes that will need to be undertaken to enable an integrated implementation of the framework;

?????? Identify the milestones for the project;

?????? Ensure all stakeholders in the process understand their respective roles and the timeframes for completion; and

?????? Identify the resources (both internal and external) necessary to achieve the implementation of the legislation.

 

 

Recommendation:

 

That the presentation by Morrison Low on the implementation of the Integrated Planning and Reporting legislation be received.

 

 

OPTIONS:

 

There are no real options.? Morrison Low will be providing Council with a briefing on the preparation of a project plan for the implementation of the Integrated Planning and Reporting legislation.

 

DISCUSSION:

 

Nambucca Shire Council has to comply with the new Integrated Planning and Reporting legislation by 30 June 2012.? Between now and early 2012 Council has to prepare a Community Strategic Plan (10 years +); a Delivery Program for that Plan (4 years); an Operational Plan (annual).? These plans have to be supported by a resourcing strategy comprised of Long Term Financial Planning; Workforce Management Planning; and Asset Management Planning.

 

More importantly, the legislation provides Council with the opportunity to really understand its long term financial sustainability and put in place strategies to address any shortcomings.? Consequently it is the most important planning process this Council will undertake in its elected term.? It is equally important for Council staff as they will not have recourse to make major adjustments to the Delivery Program if particular assets or operational requirements have been omitted from the financial planning.

 

The consultancy firm Morrison Low has been engaged to prepare a project plan for the implementation of the Integrated Planning and Reporting legislation at a cost of $12,000 excluding disbursements.? A provision of $14,000 has been made in the budget for 2010/2011 for this work.

 

The work Morrison Low has been engaged to undertake will at a minimum:

 

1.?? Establish the various processes that will need to be undertaken to enable an integrated implementation of the framework;

2.?? Identify the milestones for the project;

3.?? Ensure all stakeholders in the process understand their respective roles and the timeframes for completion; and

4.?? Identify the resources (both internal and external) necessary to achieve the implementation of the legislation.

 

Morrison Low are currently providing education on the requirements of the legislation; reviewing Council?s key strategic documents; identifying key stakeholders; establishing principles to guide Council in the development of the plans and identifying emerging issues.? They will then undertake a gap analysis before preparing a project framework.

 

Stephen Bunting, a Director of Morrison Low will be providing Council with a briefing on the legislation and their work for Nambucca Shire Council.? Stephen has experience as a Director in various New Zealand Councils which undertook similar legislative change about 10 years ago.? He is also providing advice to a range of NSW Councils on the legislation.

 

CONSULTATION:

 

There has been consultation with Morrison Low.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no environmental implications.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

At this stage there are no risks.? To ensure that Council is able to complete the required community engagement as well as the various plans it is important that Council start the process and work in accordance with an agreed project plan.? Council staff will be undertaking all of the work so it needs to be set out in a project plan which allocates responsibilities and establishes milestones.? If the process is not rigorous and fails to meet required milestones it will mean that Council may risk achieving the endorsement of IPART to a rate increase (should this be sought).

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.? The budget has made provision for the consultancy.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.


General Purpose Committee

15 September 2010

General Manager's Report

ITEM 8.2????? SF1031??????????? 150910???????? Review of Council Policies

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager; Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The timetable for the implementation of the Government Information (Public Access) Act 2009 provides for a review of all Council policies by August 2010.? Council has 155 policies in its register some of which date to the commencement of the Local Government Act in 1993.

 

A table is attached to this report which contains proposals to delete, retain, amalgamate, replace and amend Council policies.

 

The table has been circulated to Councillors and senior staff for comment.? Cr Smyth has proposed changes to the Code of Meeting Practice to reflect resolved and agreed practices.? These are agreed but will need to be the subject of exhibition before final determination.

 

 

 

Recommendation:

 

1??????? That Council proceed to delete, retain, amalgamate, replace and amend Council policies in accordance with the table circularised with this report.

 

2??????? That the proposed new policies be reported back to Council for consideration.

 

3??????? That the proposed changes to the Code of Meeting Practice be placed on public exhibition for 28 days (with a 42 day period for comment).

 

4??????? That Policy No. 2 ? Advertising Meetings Council Meetings (Code of Meeting Practice) refer to closed meetings instead of ?going into Committee?.

 

5??????? That policies be amended to incorporate current terminology, such as construction certificates, current position titles and delete gender specific terms.

 

6??????? That Policy No. 68 Film and Television & Policy and Policy No. 141 Tourism ? Filming Permit to Film be amalgamated.

 

7??????? That Policy No. 88 ? Memorials on Council Controlled Land be amended to indicate that Council does not approve the placement of private memorials and plaques in public spaces.

 

8??????? That Policy No. 89 Not for Profit ? Charities and Community Groups ? Reimbursement? Waiver of Fees and Charges and Policy No. 90 Discounted Application Fees be amalgamated.

 

9??????? That Policy No. 142 Tree Maintenance and Removal Application and Policy No. 146 Trees ? Trees in Parks, Streets and Street Gardens be amalgamated.

 

 

OPTIONS:

 

Council make adopt new policies and make changes to existing policies as its sees fit.

 

DISCUSSION:

 

The timetable for the implementation of the Government Information (Public Access) Act 2009 provides for a review of all Council policies by August 2010.? Council has 155 policies in its register some of which date to the commencement of the Local Government Act in 1993.

 

These policies have to be displayed on Council?s website so it is important they be reviewed and be up to date before posting to the web.

 

The following table provides a general description of each Council policy, the date it was adopted, last reviewed and a recommendation concerning its retention, replacement or deletion.

 

The table has been circulated to Councillors and staff for comment with the following responses being received from Councillor Smyth, Councillor Flack and the Acting Director Engineering Services.? The comments from Councillors and staff are shown in italics with my response in normal font.

 

 

Cr Smyth

 

Policy No. 2 ? Advertising Meetings Council Meetings (Code of Meeting Practice)

 

If the Code of Meeting Practice is to be amended to incorporate the Council resolution of 1/04/10, it may be appropriate at the same time to include the other Council resolution which has been made in relation to the Code of Meeting Practice: That Councillors must stand and have microphones turned on when speaking.

 

It would also be apt to consider incorporating into the Code of Meeting Practice that Councillors must give reasons when asking for their votes to be recorded against a resolution of Council.? This was apparently the subject of a memorandum some years ago, but it is required to be included in the Code of Meeting Practice, if the giving of reasons is to be obligatory (according to the advice I received from the Department of Local Government).

 

Policy No. 49 ? Councillors ? Committees of Management Generally

 

Policy Statement

 

First line ? suggest ?his? be replaced with either ?his/her? or a suitable gender-neutral term.

 

Comment - the matters identified by Cr Smyth are agreed.? The Code of Meeting Practice should be amended to reflect these resolved and agreed practices.? Policy No. 49 should also be amended simply be deleting the gender terminology.

 

The changes which need to be made to the Code of Meeting Practice are the inclusion of a new sub-clause in Section 37 and a new clause 72 as shown below in bold.

 

Matters to be included in Minutes of Council Meetings

37.???? (Clause 27 Regs)

The General Manager must ensure that the following matters are recorded in the Council?s minutes:

(a)????? details of each motion moved at a Council meeting and of any amendments moved to it,

(b)????? the names of the mover and seconder of the motion or amendment,

(c)????? whether the motion or amendment is passed or lost.

(d)????? where Councillors require that their vote be recorded as against a resolution of Council, the reasons for this (local policy).

 

Note:??? Section 375 (1) of the Act requires a Council to ensure that full and accurate minutes are kept of the proceedings of a meeting of the Council (other provisions of this Regulation and of the Act require particular matters to be recorded in a Council?s minutes).

 

Councillors to Switch Microphones on and Stand when Speaking

72.???? (Local Policy)

Councillors must have their microphones turned on and stand when speaking during a Council meeting.

 

Any proposed amendments to the Code of Meeting Practice have to be advertised for 28 days with a 42 day period for submissions.? The changes to the Code of Meeting Practice only become effective after this exhibition period and depending upon the consideration of any submissions.

 

Cr Flack

 

Policy No. 2 Advertising Meetings Council Meetings (Code of Meeting Practice)

 

Am not sure re the commentary which says ?retain? and then goes on to say ?replace with ??.? The current policy is also about advertising whereas not just Clr notification.? I think the two should be amalgamated so as not to lose the advertising aspect.? Also if the advertising section is to be retained it needs rewording for clarification as the reference to ?go into committee? is confusing for members of the public who don?t know the jargon.? Whilst I realise not many would be looking at the policy, it is a public doc and refers to public notification, so should be unambiguous and plain English.? Most people would understand what reverting to ?closed meeting? would be.

 

Comment - the policy which dates from 1996 refers to 2 separate matters as follows:

 

?Code of Meeting Practice ? Advertising Meetings

 

All future Committee meetings be advertised, and where it is intended to go into Committee, the advertisements state that the meeting will revert to Committee as appropriate, thereby excluding the press and the public.

 

Notification of Public Meetings (19 January 2006)

 

In regard to public meetings convened by Council, all Councillors will be formally notified of the meeting in writing at the time of first public advertisement of the meeting; with notification to Councillors to include the meeting details, agenda and relevant background information.?

 

Comment - there is a technical difference under the Local Government Act 1993 being going into Closed and going into Committee but it is agreed that it would be less confusing for the public to refer to Closed.? As indicated above the two items in the policy are separate matters and the commentary in the table to the report referred to them separately, even though they are one policy.

 

Policy no. 7 Appeals ? Charitable ? Donations and Locally Based Charities (and other related ones)

 

Reference to a new donations policy.? I seem to recall a revised policy relating to donations not that long ago ? do we have one?

 

Comment - the Council has discussed the matter, probably in the context of increasing the donations budget, but the policy has not been reviewed.

 

Policy no. 15 Approvals ? Activities ? Regulatory Functions ? Major Events and Special Events

 

What classification are those 4 parcels of land?

 

Comment ? The carparks at Star Street, McKay Street and Winifred Street, Macksville are all classified as community land.

 

Policy no?s 16, 17, 18 ? concern Beaches

 

Will this come to Council?

 

Comment ? It is proposed to amalgamate these into a single policy.? It was not proposed that there be any changes to the content of the policy and as such would not be referred to Council.? If however it is felt necessary to make changes to the content of the policies they would be referred to Council.

 

Policy no. 29 Building ? Temporary Occupation of Residential Sites

 

Where a policy requires review of terminology or updating to bring in line with current legislation and where the intent of the policy remains unchanged, I am assuming this will be done without requirement for it to come to Council?? This Q relates to all relevant other policies in the summary.

 

Comment ? The existing policy refers to ?building applications? which have been replaced by ?construction certificate applications?.? It is agreed that terminology can and should be updated without reference to Council.? However any changes to the provisions of the policy should come to Council.

 

Policy no. 49 Councillors ? Committees of Management Generally

 

Policy statement ? change to non gender specific wording ie delete ?his? office.

 

Comment ? Agreed

 

Policy no. 101 Plant ? Tenders and New Purchases ? Chlorofluorocarbons

 

CFCS are now banned in Australia.? Their temporary replacements, the hydrochlorofluorocarbons, are still slightly ozone depleting, though not to the same extent.? HCFCs are also being phased out.? So I guess the policy can go but I think we still should consider a replacement policy or component of procurement policy which ensures the avoidance of products which cause environmental harm where on cost and function comparable alternatives exist.

 

Comment ? This will be significant work in preparing and maintaining a new policy.? New products come onto the market and existing products also change in their composition and manufacture.? Whilst a policy can be drafted it will require on going work to ensure the checking of products which Council regularly procures.? It is a matter for Council to identify this as a priority and allocate the resources to the development and maintenance of a policy.

 

Policy no. 153 ? Water Supply ? Reimbursement for Water Saving Devices

 

Policy statement 3 ? is very commendable but not achieved.? It should be the focus of a grant application or EL project.

 

Comment ? the performance of the rebate program will continue to be reviewed as it will be a core component of Council?s IWCM.

 

Acting Director Engineering Services

 

Beaches ? various policies ? queries amalgamating them as they could become too long.

 

Comment ? will assess when the amalgamated policy is drafted.

 

Policy No. 65 Easements ? Sewage ? Water ? Stormwater ? queries that the easement provision to reserve the right to enter an easement at any time without notice may conflict with provisions of the POEO Act.

 

Comment ? Council needs to maximise its access rights as depending upon the nature of the emergency, the environmental damage may be a more significant issue than the nuisance of waking residents at night.

 

Policy No. 68 Film and Television & Policy No. 141 Tourism ? Filming ? Permit to Film ? suggests the policies be amalgamated.

 

Comment ? Agreed

 

Policy No. 88 ? Memorials on Council Controlled Land ? Notes that Council resolved to discontinue the policy of approval of private memorials and plaques in public spaces at its meeting on 18 February 2010.

 

Comment ? The policy needs to be amended to acknowledge Council?s resolution that it won?t approve private memorials and plaques in public spaces.

 

Policy No. 89 Not for Profit ? Charities and Community Groups ? Reimbursement/Waiver of Fees and Charges & Policy No. 90 Discounted Application Fees ? suggests the policies be amalgamated.

 

Comment - Agreed

 

Policy No. 131 Shire Property ? Land and Building ? Baby Change Facilities ? Queries whether deletion of the policy would be contrary to the Anti Discrimination Act.

 

Comment ? Matter has been discussed with the Manager Community and Cultural Services.? The deletion of the policy is not considered to be contrary to the provisions of the Act.

 

Policy No. 142 Tree Maintenance and Removal Application & Policy No. 146 Trees ? Trees in Parks, Streets and Street Gardens ? suggests the policies be amalgamated.

 

Comment ? Agreed

 

Other changes to position titles as well as spelling mistakes have been identified and will be attended to.

 

 

CONSULTATION:

 

There has been consultation with Councillors, Directors and Managers.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

Risk

 

The on-going review of Council?s policies so they are up to date and reflect current practices will reduce the risk of Councillors and staff acting contrary to their provisions.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on Council budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

17594/2010 - Review of Council Policies - August 2010

 

??


General Purpose Committee - 15 September 2010

Review of Council Policies

 

REVIEW OF COUNCIL POLICIES?AUGUST 2010

 

 

 

 

DESCRIPTION

 

STATEMENT/OBJECTIVES

LAST REVIEWED

COMMENTARY

1

Advertisements Published by Council

All advertisements, detailing proposed changes to Development Control Plans and such other Planning Instruments, are the subject of a short Media Release issued in plain English detailing the intent of the proposed changes.

 

21/10/2004

Where there is likelihood that the media will take a story concerning proposed changes to planning regulations or any other aspect of Council?s operations, a media release is a useful means of increasing community awareness.? However this should not be mandated as such changes are not always ?newsworthy? in which case there will be no return for the time spent preparing the media release.? Delete

2

Advertising Meetings

Council Meetings (Code of Meeting Practice)

 

Code of Meeting Practice - Advertising Meetings

All future Committee meetings be advertised, and where it is intended to go into Committee, the advertisements state that the meeting will revert to Committee as appropriate, thereby excluding the press and the public.

 

Notification of Public Meetings (19 January 2006)

In regard to public meetings convened by Council, all Councillors will be formally notified of the meeting in writing at the time of first public advertisement of the meeting; with notification to Councillors to include the meeting details, agenda and relevant background information.

 

19/1/2006

No need to change.? Retain

 

 

 

 

Superseded by resolution on 1/04/10. Replace with:

?1. That when Council resolves to call a meeting or workshop it determines, if possible, the time and date for the meeting or workshop at the time of the resolution.

2. That where a special meeting or workshop? is called outside a meeting of Council, Councillors are advised via phone or email regarding a time and date, to ensure a quorum is available before called the meeting or workshop.

3. That where a special meeting or workshop is called outside a meeting of Council, Councillors are advised via phone or email as soon as the staff propose the date for setting times and dates of special meetings.

3

Advertising Signs (Illegal)

(Advertising Sign Code

Planning & Assessment Act Policy_

This Policy must be read in conjunction with any Development Control Plan (DCP) that Council may from time-to-time, have in place.

 

1? That applicants be encouraged to design and construct advertising signs and structure which are sympathetic to the natural scenic qualities and character of the Nambucca Valley using natural materials and environmentally sensitive colours.

2? That Council's staff, particularly the Director Environmental Services and the General Manager be authorised to proceed with the service of notices and to take any necessary legal actions stemming there from through the Courts with regard to action against transgressors in respect of illegal signs, with all costs associated with action and removal being at the owner's cost.

3? That posters which are illegally displayed on public property through the Shire also be the subject of this action.

4? Reference must also be made to Development Control Plan No 2.

 

18/8/2006

Item 1. is relatively meaningless as a design control ? what are ?natural materials? and ?environmentally sensitive colours?.? The remainder of the policy deals with taking action against illegal signs.? This should not require a policy ? unauthorised signs are a small subset of unauthorised activities generally.? The Environment & Planning Department have an enforcement procedure which is applied to any unauthorised activity.? Delete


 

4

Appeals ? Charitable ? Charity Definition.

The definition of charity extends to include community organisations or functions put on for the benefit of a number of persons or residents of the Shire by an organisation that has little or no recourse to fund raising through avenues other than seeking sponsorship from local business houses and such like.

 

19/8/2004

Policy obsolete.? The Taxation Department provides definition.

Delete

5

Appeals ? Charitable ? Chamber of Commerce Street Stalls

This policy has been formulated to combine with the previous policy (P13(2)) Progress Associations & Chambers of Commerce?Street Stalls, as per Council's resolution(049) on 17 February 2005.

 

1? Each Chamber of Commerce and Industry is responsible for approval and control of street stalls in their respective towns.

2? Each Chamber of Commerce is responsible for determining the location for holding street stalls.?

The location and size of the street stall shall be such that there is no disruption or risk to pedestrians.

4? All street stall holders must provide $10 million public liability insurance.

 

19/8/2004

Street Stall provisions have been incorporate into the new Policy?Use of Road Reserves and Public Land for Commercial Activities.? Delete

6

Appeals ? Charitable - Donations

That two copies of "Valley of the Crooked River" be issued to each School in the Shire for presentation to Year 6 and beyond, the value of these volumes being off-set by a contra-entry to the donations budget, until the book stock is exhausted.

 

19/8/2004

Book stock exhausted.? Schools also prefer a cash donation for book vouchers.? Delete

7

Appeals ? Charitable ? Donations and Locally Based Charities

Subject to annual budget provisions the following standard donations shall apply:

1?????????? Three festivals, one in each town,??????? $200 each

2?????????? Senior Citizens Week??? $500

3?????????? Up to three Senior Citizens Xmas parties???????????? $100 each

Balance of allocation being available for occasional donations as the need arises by delegation to the Mayor and the General Manager.

 

Donations the equivalent of development application fees shall be made in respect of applications for projects on Council owned land.

 

19/8/2004

Needs to be incorporated in new donations policy.? Replace

8

Appeals ? Charitable ? Donations - Request from Sportspersons

 

That Council support local athletes by making an annual donation to the North Coast Academy of Sport, with particular emphasis on local athletes representing New South Wales or Australia.

 

 

19/8/2004

Can be incorporated in new donations policy.? Replace

9

Appeals ? Charitable ? Donations - Schools

That two copies of "Valley of the Crooked River" be issued to each School in the Shire for presentation to Year 6 and beyond, the value of these volumes being off-set by a contra-entry to the donations budget, until the book stock is exhausted.

19/8/2004

Book no longer in print.? Have been sending $50 donation to all schools which needs to be incorporated in a donations policy.? Delete

10

Appeals ? Charitable ? Information Stands

Permission be granted in respect of non-commercial information stands other than street stalls days, subject to the organisers having appropriate public liability insurance coverage.

 

19/8/2004

Still applicable.? Retain


 

11

Appeals ? Charitable ? Photocopying

Photocopying will be carried out for non profit and community based service organisations within the Shire on the basis of a cost per ream of paper or part thereof.

 

Photocopying is to be confined to reasonable quantities, that copying will be back to back and requests are to be approved by the General Manager.

 

19/8/2004

There is limited photocopying undertaken for not for profit and community based service organisations.? No colour copying is done.? Most of the copying is for Councils Section 355 Committees.? Usually there are only small volumes of paper ? not worth charging.? Should be incorporated in a new donations policy.? Replace

 

 

 

 

 

 

 

These two policies should be combined.? Should be incorporated in new donations policy.? Replace

12

Arts ? Craft, Drama ? Nambucca Valley Arts Council ? Photocopying

Photocopying to be carried out for such non profit and community based service organisations within the Shire on the basis of a cost per ream of paper or part thereof.

 

Photocopying is to be confined to reasonable quantities, that copying will be back to back and requests are to be approved by the General Manager. (As per Council meeting 190804 (056))

 

19/8/2004

13

Appeals ? Charitable ? Waste Bins - Bulk

Council provide two (2) bulk waste bins for major community events held on public reserves or public land in the Shire.

 

19/8/2004

Incorporate in new donations policy.? Replace

14

Appointment of Senior Staff

That Council adopt a policy whereby consultations includes endorsement of the draft contract by the whole of Council, endorsement of the draft advertisement by the whole of Council, endorsement of the short list of applicants for interview, full participation in the interview process leading to appointment of senior staff (**) on a contract basis.

 

That the process of consultation be continued in respect to future Director appointments (minutes no (014) 4/6/98)

 

15/11/2007

This is not the process being followed with the selection of a new Director Engineering Services.? Whilst there should be some representation from Councillors in the selection of Directors, the requirements of the policy are very unwieldy.? Also the policy is not consistent with the requirements of the LG Act (S337) as their remuneration is less than a senior staff position.? As it is a relatively infrequent process it is also queried why a policy is required.? Delete


 

15

Approvals ? Activities ? Regulatory Functions ? Major Events and special Events

That an event attracting a crowd of 25,000 persons be regarded as a major or special event prior to requiring an approvals process to be addressed under the guide or practice note provided by the Minister for Local Government in relation to such events.

 

That the carparks as described in the General Manager?s Report and located in Macksville be reclassified as community (land).

 

Lot Part 4, Section 1, DP 2037, Lot 2, DP 521557 (carpark), McKay Street, Macksville, Assessment 1202/-.

 

Lot 17/20, DP 9387 (carpark), Star Street, Macksville, Assessment 1350/-

 

Lot 21 and Part 22, DP 9387 (carpark) Star Street, Macksville, Assessment 1351/-

 

Section B, Lots 9-10, DP 6045 (carpark) Winifred Street, Macksville, Assessment 1527/-

 

21/10/2004

The policy apparently refers to a guide issued for major and special events planning by the Division of Local Government in 1997.? Council does have a procedure for the approval of events (major and otherwise) which includes risk assessment, evidence of approvals and insurances etc. It is not recommended that an arbitrary crowd limit be applied to, for example, trigger notification to the NSW Police Force.? The risk assessment will determine consultation arrangements.? The classification of carparks is unrelated and shouldn?t be part of a policy ? in 1993 they had to be classified as either operational or community.? Delete

16

Beaches ? General ? Bonfires and Damage

Council prohibits the creation and lighting of bonfires on beaches as they represent a risk to public safety.

 

Council will enforce this policy through signage, involvement of Rangers, staff and the Police.

 

21/2/2008

The control of activities on beaches is undertaken by signage.? Whilst Council can have a policy in relation to such matters it is of no value unless there is adequate sign posting and enforcement.? Amalgamate into a single policy on the use of beaches.

17

Beaches ? General ? Horses on Beaches

The riding of horses is permitted from:

 

?????????? Swimming Creek north to the footbridge at Valla Beach Foot Bridge

?????????? Scotts Head north from the four wheel drive access

?????????? Valla Beach north from the four wheel drive access.

With such activity being confined to non-vegetated areas excluding dunal areas.

21/2/2008

Amalgamate into a single policy on the use of beaches.

18

Beaches ? Inspector/Lifesaving ? Authority to Patrol Beaches and to Train

Council recognises that surf life saving club patrols are of a service and rescue nature.

 

1?????????? That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

2?????????? That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Nambucca Heads Main Beach.? Such authority is issued subject to the appropriate application forms being submitted to Council.

3?????????? That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to carry out training activities and other events at and from the Stuart Island boat shed and Bellwood reserve, Nambucca Heads.

4?????????? That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to carry out training activities and other events at and from the McKay Street boat shed, Macksville.

 

19/09/2004

Amalgamate into a single policy on the use of beaches.

19

Beaches ? Inspector/Lifesaving ? Lifeguard Service Operational manual

To ensure the safety of beach users and implement Council's Ordinances on the beach reserve by providing a Professional Lifeguard Service on designated Shire beaches during a designated season.

Policy statement:

Council accepts the change, with the exception of the swim time to read 16 minutes instead of 18 and 14 minutes, the reason being Councils? concerns to attract a suitable number of applicants for the position.

19/09/2004

There is a separate contract for the provision of professional lifeguard services during the summer holidays.? Delete

20

Beaches ? Inspector/Lifesaving ? Honorary Lifeguards

Council requires, as policy, Patrol Captains of both the Nambucca Heads Surf Life Saving Club Inc and the Macksville-Scotts Head Surf Life Saving Club Inc to attend an Honorary Lifeguard/Patrol Captains course, prior to being appointed as an ?Honorary Lifeguard?.

19/09/2004

This is a matter for the Surf Life Saving NSW, not Council. ?SLS NSW has many requirements for training and proficiency for patrols and patrol captains.? Delete

21

Beaches ? Permits ? Beach Access Permits

Beach Access Permit are issued in regard to the vehicle, not the driver.

 

19/09/2004

This policy was revised and superseded by 893/2010 at council?s meeting on 15 April 2010.? Amalgamate into a single policy on the use of beaches.


 

22

Beaches ? Permits ? Code of Conduct for Professional Fishers

The Code of Conduct as detailed in the minutes of the Vehicles on Beaches Task Force of 15 December 1992 and detailed below is Council policy:

?????????? Code of Conduct for Commercial Fisherman

?????????? Beach Hauling and Bait Gathering? Within the Nambucca and Kempsey Shires and Hastings Municipality

1?????????? I will observe all the conditions under which my Beach Driving Permit is issued.

 

2?????????? I will observe all Council and other relevant authorities' regulations, paying particular attention to:

i??????????? Camping

ii?????????? Litter

iii?????????? Lighting of fires

iv????????? Toileting

 

V Consumption of

????????? alcohol

Vi Speed limits

Vii Key regulations

Viii Protection of coastal vegeta

3?????????? I will keep to the absolute minimum, the number of vehicles my crew have on the beach.

4?????????? I will display on my vehicle in large letters my fisherman's file number and the number issued to my licensed fishing boat (if applicable).

5?????????? I will co-operate with dune care groups and assist with their management plans.

6?????????? I will obey reasonable instructions from Surf Life Saving Club duty patrol officers and Council Beach Inspectors.

7?????????? I will only use my vehicle on areas specifically set aside for Professional Fishermen whilst actively engaged in bona fide fishing.

8?????????? I will operate the hazard lights or revolving lights on my vehicle when driving on the beach, whenever common sense dictates.

9?????????? On beaches within National Parks and Reserves

i??????????? particular care will be taken to drive below the mean high water mark and to never drive on dunal vegetation.


ii?????????? no dogs will be taken into National Parks.

10???????? The practice of "SPOTLIGHTING" is banned on all beaches within the Nambucca Shire and Hastings Municipality and all beaches except Trial Bay within Kempsey Shire.? The permission of the Arakoon State Recreation Trust will be necessary to "spot light" on Trial Bay.

11???????? I understand that a breach of this Code of Conduct may result in either my permit being cancelled or a refusal to issue a permit for next season.

 

19/09/2004

Amalgamate into a single policy on the use of beaches.


 

23

Beaches ? Permits ? Fines for Unauthorised Vehicles on Beaches

The imposition of on-the-spot fines of $50.00 (or such an amount as defined inappropriate legislation) where licences are not carried or permits are not displayed.

 

 

This does not require a policy anymore than other infringement offences.? Acting contrary to a sign incurs certain penalty units which in turn subject to indexation so the value is maintained.? Delete

 

 

24

Consultancy Information - Briefs on Consultancies for Council

 

So that all Councillors are satisfied with the content of a Brief and that Council has ownership and therefore responsibility for the Brief?when a Brief is drafted it should be presented to Council for final adoption prior to being advertised and distributed.

25/05/2007

Retain

25

Building ? Building Certificates

That Council as a matter of policy, where Building Certificate Applications are received for buildings that encroach on adjoining land, Council advise the affected property owners of Council's position and their avenues for rectification of the situation.

20/03/2008

The policy arose out of a single issue in High Street, Bowraville in 1996.? A policy is not required.? Also likelihood Council staff will be unaware of policy and potentially create a liability if they act otherwise.? Delete

26

Building ? Building Over Sewer Mains

That Council generally prohibits the construction of buildings over sewerage mains, both dedicated and undedicated and where no alternative exists then each individual application to build over a sewer main be submitted to Council for consideration on its merits.

20/03/2008

Retain

27

Building ? Domestic Rainwater Tanks ? Water Charges

Properties that make application for domestic rainwater tanks still be subject to a water rate or base water charge.

20/03/2008

There is no background to this policy which dates from 1996.? Presumably the concern was that a property with a connection to a reticulated water supply may not use any metered water but should still pay an access charge.? However the same applies to vacant land.? Council is gradually changing to volume based charging.? It is a matter which should be left to annual rating.? Delete

28

Building ? Home Modification and Maintenance

Building applications be required (either by the owner of the property or the Department of Housing) where structural alterations are being performed to the building.

 

That the building application fee be waived for applications submitted under the Home Modification and Maintenance Services Program.

 

30/03/2008

Policy arose out of a circular from the Department of Local Government in 1992.? There has been considerable change to the relevant legislation since that date eg, building applications no longer exist.? Delete

29

Building - Temporary Occupation of Residential Sites

The temporary occupation of a site whilst the dwelling is being construction is permitted provided:

1?????????? A building application for the construction of a dwelling have been submitted and approved by Council.

2?????????? The period of occupation is not to exceed six (6) months.

3?????????? If the six month period is insufficient to complete the dwelling, an application for an extension of occupation is to be submitted to Council for further consideration and approval of the extension be dependant upon progress made on the main construction during the first six month period.

4?????????? Toilet, washing and bathing facilities are to be provided in the temporary accommodation to the satisfaction of the Director Health, Building and Community Services.

5?????????? Any structure used for temporary occupation is to be rendered uninhabitable upon completion of the main dwelling.

6?????????? That delegated authority be given to the General Manager to deal with applications for temporary site occupation whilst a dwelling is being constructed.

 

20/03/2008

The policy is still used but the terminology needs to be updated.? Retain

30

Building - Temporary Residential Occupation of Industrial Site

Control residential developments within industrial areas.

Policy statement

That the following Temporary Residential Occupation of Industrial Sites Policy be adopted:

Temporary Residential Occupation of Industrial Sites

In accordance with Part 3 Section 160 of the Local Government Act 1993, the Council adopted the following Policy on 4 November 1993 concerning the criteria to be adopted in determining development applications.

1?????????? Application shall be submitted in writing to Council every twelve (12) months for the occupation of any industrial site.

2?????????? The application shall be accompanied by an annual fee.

3?????????? The period of occupation is for twelve (12) months and each site must be kept clean and tidy at all times.

4?????????? Adequate washing, cooking, bathing and toilet facilities must be provided on site.

5?????????? The premises must be connected to Council's sewerage system or have an adequate approved on-site sewage management system.

6?????????? The temporary structure is to be used as the caretakers residence only.

7?????????? The temporary structure is to be screened from the street.

8?????????? Maximum of one (1) structure per industrial site.

9?????????? Delegated authority be granted to the General Manager to deal with applications for temporary occupation of industrial sites.

10???????? Temporary use will be limited to twelve months with any extension to be at the discretion of Council. (refer Council minutes 17 July 2008 584/08

16/07/2008

The policy is still used but the terminology needs to be updated.? Retain

31

Sewerage ? Building in the Vicinity of Sewers

To ensure that a building (urban erected) will not exert any load onto a Council sewer main and to ensure that Council has reasonable access to the main for servicing and/or replacement.

Policy statement

1????????????? An applications to build over or near a Council sewer main shall be submitted to the Director Operations and Technical Services for consideration

2????????????? Each application will be considered on its merits and approval will be at the discretion of the Director Operations and Technical Services based on Council?s ?Guidelines for Building in the Vicinity of Sewer Mains? (copy attached).

3????????????? Approvals will be based on:-

????? There being no load imposed on the sewer by the building.

????? The structural integrity of the sewer will be maintained

????? Reasonably expected access to the sewer will not be impeded.

1/12/2004

Policy is used.? Terminology needs to be updated.? Retain

32

Bushfires ? Overgrown Allotments ? Non Residential Areas

Council only implement the overgrown allotment provisions of the Local Government Act 1993 in village and residential areas.

In regard to vacant overgrown allotments in urban and village areas in the Shire, these be regarded as bush fire hazards given the bush fire events throughout the State this season, with notices being issued in accordance with Clause 66 of the Rural Fires Bill 1997. (Council meeting 17/01/02)

 

16/09/04

The policy dates from 1999.? It attempts to limit the application of the orders provision of the Local Government Act for overgrown land to urban and village areas only and directs the application of the Rural Fires Bill (now Rural Fires Act) to overgrown rural land.? Whilst this is a reasonably ?common sense? approach, it is probably ultra viries.? Delete


 

33

Certificates Issued by Council ? Requests by Facsimile

Council accepts applications for 149 Certificates, 603 Certificates and Drainage Diagrams by facsimile transmission subject to the Agent undertaking to pay relevant fees and the issue of the certificate being withheld until payment is received.

 

21/10/04

This policy arose out of a request to Council in 1989.? It is a basic procedural arrangement that has been in place for a long time and does not require a policy.? Delete

34

Certificates Issued by Council ? Requests in Writing

The policy requires requests for information to be in writing in order that it may be determined whether the Certificate (149 Certificates, 603 Certificates and Drainage Diagrams) process should be adhered to in each instance.

 

21/10/04

The policy dates from 1995.? It is a basic procedural arrangement that has now been in place for a long time and does not require a policy.? Delete

35

Charges Applicable to Development/Construction Applications for Council Owned Properties

This policy is designed to achieve the following objectives:

?????????? Reduce the financial burden on community groups and management committees who are undertaking development on and improvements to buildings and lands under Councils care control and management.

?????????? To allow additional financial resources to be directed to projects on the ground.

?????????? Reduce staff administration time in handling requests for refunds and allowing a more consistent approach to managing applications and applying fee schedule.

 

06/07/06

The policy sets minimal fees for building work on Council owned properties and also sets out some basic guidelines for project co-ordination.? A preferable approach in terms of the National Competition Policy is that the fees and charges be acknowledged as a donation with a journal of funds to the Environment and Planning Department.? Amalgamate into a single policy on donations.

36

Code of Conduct ? Councillors staff Delegate

 

This is the orginal policy dating from 1996 which pre-dates the Council?s Code of Conduct which has now been updated in accordance with the model code.

 

This policy has subsequently been replaced.? Delete.

37

Code of Meeting Practice

This is Council?s updated Code of Meeting Practice.

 

19/11/09

Statutory requirement.? Retain

 

38

Committees of Management - Delegations

That Council renew delegations in respect of the care, control and management of the following facilities to the following Committees of Management which are now created in accordance with the provisions of Section 377 of the Local Government Act 1993:

 

21/10/2004

This policy is out of date and needs to be replaced with the updated Section 355 Committees, ?Guide to Operations and Delegations of Authority?.? Replace

 

39

Companion Animals ? Control of Dogs and Cats

To maintain harmony between the owners of companion animals, other residents, the Council, Council?s staff, the Regulatory/Impounding Officer and the RSPCA.

Policy statement

When a dog or cat is registered under the Companion Animals Act it is provided with all the protection and regulation that the NSW government and your local council provide. Councils are also responsible for ensuring that companion animals and their owners coexist with other members of the community who choose not to own dogs or cats. The Act provides councils with a range of powers and responsibilities to achieve this, as follows:

 

1?????????? Companion Animals (dogs and cats) must be provided with permanent identification (microchip) before the age of twelve (12) weeks, or when transferring ownership (whether by sale or gift) regardless of age.?

 

2?????????? Every dog or cat must be lifetime registered from the time the animal is six (6) months old.

 

3?????????? A dog must have a collar around its neck and there must be attached to the collar; a nametag that shows the name of the dog and the address and/or telephone number of the owner of the dog.

 

4?????????? A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash. Greyhounds shall be muzzled to prevent them biting any person or animal.

 

5?????????? A dog is not considered to be under the effective control of a person if the person has more than four (4) dogs under his/her control in a public place.

 

6?????????? Dogs are prohibited in some public places. These are as follows:

a?????????? in any public bathing area in this Shire (except on those beaches and at times stated in Section 7a, b, c and 8a & b) including:

Boulton?s Crossing Reserve - Gumma,

McKay?s Park - Bowraville,

Main Beach ? Nambucca Heads (except at times stated in section 8b),

Bellwood Park and Reserve ? Nambucca Heads,

Beilby?s Beach ? Nambucca Heads,

Shelly Beach ? Nambucca Heads,

 

V-Wall Beach ? Nambucca Heads,

V-Wall River Beach and Park ? Nambucca Heads,

Wellington Beach ? Nambucca Heads,

North Valla Beach ? Valla Beach (except at times stated in section 8a),

South Valla Beach and Deep Creek Inlet, - Valla Beach,

Scotts Head Camping Reserve and Road to Headland Car Park,

Forsters Beach (Main beach) ? Scotts Head,

Little Beach ? Scotts Head.

 

b?????????? in any public reserve and grounds used as such which are regularly mown and maintained by Council.

 

c?????????? within ten (10) metres of any playing apparatus in a public place for use by children, within ten (10) metres of any apparatus provided in a public place for the preparation or consumption of food by humans or in any areas provided for playing of organised games.

 

d?????????? on land used for the conduct of a school or technical college, except with the permission of the person in charge.

 

e?????????? in any part of a shopping plaza which is used by the public for parking or access to shops, except with the permission of the person in charge.

7?????????? Dogs are permitted on certain beaches as follows at all times:

Off-leash Areas

a?????????? Nambucca Heads - from Swimming Creek beach access northwards to the walk bridge access to the beach from the public reserve adjoining Valla Park Resort.

 

b?????????? North Valla Beach - from the access path off the car park on the northern end of Cockburn Street (4WD access) to the northern boundary of the Shire.

 

c?????????? Scotts Head - from the Christian Youth Centre beach access path on Banksia Crescent northwards.

 

8?????????? Dogs are also permitted on the following beaches before 9.00 am and after 6.00 pm:

On?Leash Only

a?????????? North Valla Beach ? from the timber walkway on the north side of the headland to the access path referred to in 7(b) before 9.00 am and after 6.00 pm.

b?????????? Nambucca Heads Main Beach - from the northern end of the main beach car park northward to Swimming Creek beach access before 9.00 am and after 6.00 pm.

 

9?????????? Owners who take Companion animals onto permitted beaches are responsible for the control and behaviour of the animal and removal and disposal of faeces.

 

10???????? Fouling of a public place, including all off-street car-parking areas, car parking areas in public reserves, beaches, garden plots, riverbank parks, boat ramps and adjacent areas and all cemeteries, is an offence if the faeces are not removed immediately and properly disposed of.

 

11???????? If a dog is found in a public place without effective control, or on premises of which the owner of the dog is not the occupier, the animal may be seized by any adult person and delivered to the Council at a place provided for the purpose (the Council Pound) after phoning the Regulatory/Impounding Officer and making necessary arrangements to impound the said animal.

 

12???????? After seizure and delivery, Council contacts the registered owner. The registered owner must then pay the prescribed fee for the release of the animal and the charges for its maintenance. If the animal is not claimed nor the fees and charges paid within fourteen (14) days, Council may then dispose of the animal in any manner it sees fit.

 

13???????? If the seized and delivered animal is not permanently identified & registered and is not claimed nor the fees and charges paid within seven (7) days then Council may dispose of the dog in any manner it sees fit. If the owner is identified fees will apply.

 

14???????? An authorised officer, who reasonably suspects a person of having committed an offence against the Companion Animals Act or the regulations, may require the person to state his or her full name and residential address. A person must not fail to comply with a requirement under this section or in purported compliance with such a requirement, furnish a name that is not his or her name or an address that is not his or her residential address.

 

 

 

15???????? The following are some of the on-the-spot fines (as at 1 July 2008 and may vary from time to time) that may be imposed by authorised Council Officers for offences against the Companion Animals Act:

 

 

OFFENCE

ON-THE-SPOT FINE

?Animal not permanently identified (microchipped)

$165.00*

?Animal not lifetime registered

$165.00*

?Dog not on lead

$165.00*

?Dog not identified with a collar & tag

$165.00*

?Sell animal not permanently identified

$165.00*

?Dog in prohibited place

$330.00*

?Fail to remove dog faeces

$275.00

?Not notify change in registration/identification

$165.00*

?Obstruct Authorised Officer

$165.00

?False information to an Authorised Officer

$165.00*

?Abandon animal in a public place

$275.00

 

 

 

 

20/11/2008

This policy has been replaced by Council?s Strategic Companion Animals Management Plan.? This Plan outlines Council?s Strategic Direction including education, regulation and enforcement.? Replace

40

National Competition Policy

 

 

 

Similar:? 5985/07? &? 5990/07

That Council note the brief summary of this seminar and that Council also note that the provisions of the National Competition Policy will be applicable only to items or infrastructure regarded as having State Wide significance - generally reference to airports and waste management in regard to councils outside Sydney and the Illawarra and the Hunter at this stage - and that the provisions of the Trade Practices Act will also apply to councils, particularly in regard to price fixing.

 

17/06/2004

This is a National Policy and does not require a local interpretation.? Delete


 

41

Competition Policy

Trade practices Act?National Competition

 

 

Similar:? 5985/07? &? 5990/07

 

That at this point of time the General Manager be appointed as the Trade Practices Act Compliance Officer.

 

That the ten Trade Practices Commandments as detailed in this report item be adopted as Council?s policy for observation in complying with the Trade Practices Act.

That a further report be awaited in regard to implementation of the Trade Practices Compliance Handbook 1997 and the self audit process.

 

17/06/2004

Retain

42

Compliance, Enforcement and Prosecution

This Policy has been prepared to guide Council in determining the most appropriate response where alleged regulatory breaches have occurred within the shire.

The objectives of this policy are to:

a????????????? specify the heads of consideration for the determination of the significance of the alleged breach;

b????????????? specify the way that Council will determine the priority given to any alleged instance or type of breach;

c????????????? outline the range of responses that Council will use in any instance of an alleged regulatory breach;

d????????????? specify the matters for consideration in determining the type of Council response to any alleged regulatory breach;

e????????????? enable the Council to acknowledge its obligation under Section 8 of the Local Government Act 1993 to ensure that the regulatory powers are carried out in a consistent manner and without bias;

f?????????????? provide a proactive policy statement regarding the enforcement of compliance with legislation;

g????????????? foster prompt, consistent and effective action by the Nambucca Shire Council in response to allegations of unauthorised activities or non-compliance whilst ensuring that the principles of natural justice are respected;

h????????????? appropriately record all notifications of alleged unauthorised activities or non-compliance breaches and record Council?s responses and actions taken in regard to the allegation.

18/03/2009

This is a reasonable compliance/enforcement policy.? Retain

43

Contaminated Land ? Section 149(2) Zoning Certificates Wording ? Contaminated or Potentially Contaminated Land

 

 

Also see 26051/2007 ? Contaminated Land ? Management and Guidelines

To enable Council to provide applicants of Section 149(2) Zoning Certificates with accurate information regarding contaminated or potentially contaminated land.

Policy statement

The following wording is adopted and attached to Section 149(2) Zoning Certificates under the EP&A Act:

 

1????????????? Where Council's records indicate the subject land (or part thereof) is known to contain contaminates above the existing recommended levels due to past use of the site, or for land which has a previous land use history which could have involved use of contaminates on the site, it is suggested that this information be included on the Section 149(2) Certificate:

"Council has adopted by resolution a policy which may restrict the development of the land. This policy is triggered when zoning or land use changes are proposed on lands which have previously been used for certain purposes which could have involved the use of contaminates. Consideration of Council's Contaminated Land Management Policy adopted on 18 November 1999 and the application of provisions under relevant State Legislation is warranted."

2????????????? Where Council's records indicate the subject land (or part thereof) has a current or previous land use history which could have involved use of contaminates on the site due to its agricultural and/or horticultural uses, it is suggested that this information be included on the Section 149(2) Certificate:

?Part of the subject land has been identified as potentially contaminated by its current or previous agricultural/horticultural uses.

Council has adopted by resolution a policy which may restrict the development of the land. This policy is triggered when zoning or land use changes are proposed on lands considered to be contaminated, or lands which have been remediated for specific use. Consideration of Council's adopted policy and the application of provisions under relevant State Legislation is warranted.?

3????????????? Provide the following information on Section 149 Certificates in respect of land of which Council has no knowledge whether or not it is contaminated, and no knowledge of the likelihood of any risk (even though Council has no statutory obligation to provide such information):

"As at the date of this Certificate this land has not been assessed by Council either by considering its past use or the results from systematic testing. Accordingly, it is not known whether or not consideration of Council's Contaminated Land Management Policy adopted on 18 November 1999 and the application of provisions under relevant State Legislation is warranted".

07/11/1996

There is considerable new legislation applying to this issue including State Environmental Planning Policy 55, the Contaminated Land Management Act and also DECCW guidelines concerning the management of contaminated and potentially contaminated land.? To avoid confusion with statutory requirements the policy should be deleted.? Delete

 

44

Contracts and Contractors Tenders for Contractors Affecting Day Labour

 

Any proposals to call tenders for contracts that may affect tasks performed by day labour should be discussed by the Consultative Committee prior to advertisement.

 

17/02/2005

As such changes can affect the organisation structure they should be discussed with the Consultative Committee.? Retain

45

Control of Burning

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

Policy statement

5.1?????????? Introduction, 5.2 General Obligations,? 5.3 Local Obligations, 5.3.1???? Burning of Domestic Waste,? 5.3.2 Burning of Vegetation,? 5.3.4 General Exceptions,? 5.3.5 Specific Exemptions,? 5.4 Health and Other Issues,? 5.5 Penalties,? 5.6 Bushfire Danger Period,? 5.7 Bushfire Hazard Reduction (BHR), 5.8 Approvals For Burning Activities,? 5.9 Process For Burning In Nambucca Shire (As At June 2009)

 

15/10/2009

Retain

46

Council Chambers and Committee Rooms ? Community Use

Council permits meetings of community groups in the Council Chambers and Committee Room after hours where a member of Council's staff is in attendance as a member, for security ? and with Council having first call of use on every occasion.

 

17/04/2004

This is a basic operational matter.? Does not require a policy.? Delete

47

Council Chambers and Committee Rooms Use ? Business Hours

That business hours use of the Council Chambers and Committee Rooms and adjoining kitchen be restricted to Council related activities.

 

17/04/2004

This is a basic operational matter.? Does not require a policy.? Delete

48

Councillors ? attendance of Councillors at Committee Meetings of which they are not a Member

Policy statement

That the following be adopted by Council as its policy in regard to the attendance of Councillors at Committee meetings of which they are not a member:

Section 10(4) states that a person (including a Councillor) is not entitled to be present at a meeting of the Council or such a Committee if expelled from the meeting:

Expulsion may be by:

(a)?????????? resolution of the meeting;? or

(b)?????????? by? the person presiding if the Council has by resolution authorised the person residing to exercise the power of expulsion.

By resolution on 6 October 1994 Council resolved that in accordance with the provisions of Clause 27(b) of the Local Government (Meetings) Regulation 1993, authority be delegated to the person presiding at a meeting of the Council or a Committee, to expel persons for disorder.

In determining "disorder" because that is the only grounds for expulsion we must consider:

Clause 25 of the Regulations which defines acts of disorder as including at (e) saying or doing anything that is inconsistent with maintaining order at the meeting or is likely to bring the Council or Committee into contempt.

For example, it could be argued that where a Councillor who was not a Committee member attended and wrote copious notes during the closed session, and the Committee members feared that these notes may be used to bring the Committee into contempt, that this would be sufficient to be classed as an act of disorder and that the Councillor could be expelled as provided by Clause 38 of the Regulations.

In conclusion it must be noted that the Councillor has a right to be there and cannot merely be required to leave by resolution - the expulsion provisions are the only way in which that Councillor can be made to leave.

 

06/05/2004

This is dealt with by the Code of Meeting Practice.? Delete

49

Councillors ? Committees of Management Generally

Policy statement

The Mayor is, by virtue of his office (ex-officio) entitled to attend all meetings of Committees of Council.

All Councillors are, by virtue of their office (ex-officio) entitled to attend all meetings of Committees of Council.

Councillors may attend in an ex-officio capacity, they do not necessarily have a right to vote.? That right to vote attaches to their appointment as a representative or member or delegate as appropriate.

 

08/04/2004

 

Retain

50

Councillors ? Council Meetings ? Questions Not Recorded in Minutes

That details of questions not recorded in the minutes be distributed to Councillors as part of the minutes of the meeting.

 

20/05/2004

Don?t understand what it means.? Delete

51

Councillors ? Council Meetings ? Visit by Representatives or Officials of Government Departments and Authorities

 

That for meetings with government department or agency officers, Councillors be furnished with copies of the appropriate material at the time of issuing the notices of meeting and these visiting officers.

 

01/09/2005

This is a procedural matter of ensuring that Councillors or staff are properly briefed in relation to a visit by representatives of a Department.? It is a common sense courtesy that should not require a Council policy.? Delete

52

Councillors ? Council Plaque or Shield (for copies of Valley of the Crooked river etc) Suitable Name Plate

That copies of "Valley of the Crooked River" be presented on official occasions and/or visits, with a suitable name plate to be affixed inside the front cover.

 

06/05/2004

We have run out of this book and cannot arrange for further printing ? have tried.?? Also it is a procedural matter concerning a courtesy for official occasions.? Should not require a Council policy.? Delete

 

53

Councillors ? Leave of Absence

That Council adopt as a matter of policy, a requirement that the absence of Councillors must be by prior leave of the Council in accordance with the provisions of Section 234(d) of the Local Government Act 1993 and that future resolutions to refer to that section.

Apart from having this introduced as policy, this will also safeguard Councillors where they may be absent from three (3) consecutive ordinary meetings of the Council.

This is because if they are so absent without the prior leave of Council, then their civic office becomes vacant.

 

20/05/2004

This is covered by the Act and there is no need for it to be replicated in a policy.? Delete

54

Councillors ? Legal Costs ? Annual Report

That Council meet the legal costs of any Councillor involved in any legal action that might emanate from the contents of publications, including actions of defamation, where the Councillor concerned has a defence of qualified privilege in that their statements or comments including as printed are relevant to the matter at hand, were made in good faith, and with absence of malice.

 

20/05/2004

This is covered by the policy ?Payment of Fees, Expenses and Provision of Facilities to Councillors?.? Replace

55

Councillors ? Number Thereof

That the number of Councillors for the following term of office which commences following the elections scheduled for September 1995 remain at nine.

 

03/06/2004

This matter is to be the subject of a community survey in late 2010.? It does not require a policy as there is a formal process to change the number of Councillors.? Council has also made representations to the State Government that it should not have to replace casual vacancies (and incur the expense of a by-election).? Delete

56

Councillors? Allowance

That the $1,000.00 upper limit remain flexible with requests being considered on their merits, if for example the $1,000.00 limit has been exceeded say for compulsory training and further that the information contained in the report item be noted.

 

03/06/2004

This is covered by the policy ?Payment of Fees, Expenses and Provision of Facilities to Councillors?.? Replace

57

Councillors/Staff/Delegations ? Travel Interstate and Overseas

That the policy concerning interstate travel developed by the Local Government and Shires Associations and detailed in Item 10 of Weekly Circular No 22 of 2 June 1995, be adopted and applied in respect of Councillors and Staff in this Council, bearing in mind that there are occasions when representatives of Council are required to travel interstate, with particular reference to Queensland.

ALSO? 1?????????? Travel costs of $500 per annum per Councillor,? and

2?????????? Councillors may accumulate travel costs for a total period of two years or $1,000 where no travel is undertaken in the first of those two years.

 

20/5/2004

This is covered by the policy ?Payment of Fees, Expenses and Provision of Facilities to Councillors?.? Replace

58

Current Liquid Equity ? General Activities

Council at the meeting on 1 June 2006 called for a report regarding the relevance of the existing policy for determining the minimum level of Current Liquid Equity, given the current political and economic climate at State level.

The original policy was adopted in February 1996 and whilst it has been regularly reviewed, has not changed.? The policy provides that current liquid equity for general activities is to be maintained at least to a level equivalent to 5.5% of annual recurrent expenditure for the financial year.

In accordance with the policy the present minimum level of current liquid equity for general activities is $907,400.? The actual current liquid equity position at the March 2007 budget review was estimated as $1,298,600.

The policy for Water Supply and Sewerage Services is 11.5% of annual recurrent expenditure and is not as relevant as for General Activities because these activities are not subject to rate pegging.

The current policy and the previous unofficial rule of thumb of 10% of general activities rate revenue have stood the test of time and contributed to Council?s sound financial position over the last twenty five years.

20/07/2006

The policy is still applied and seems reasonable.? There are different approaches across Councils and it is recommended that advice be sought from Council?s Auditor as to its continuing relevance.? Review

59

Debt Recovery ? Recovery of Rates

To ensure the prompt recovery of all amounts due to Council.

Policy statement

That appropriate action be taken on a regular and consistent manner for the recovery of rates, charge and outstanding amounts including sundry debtors to ensure collections in any one year are at a minimum of 90% of recovery of amounts due.

That appropriate action be in accordance with Council?s current debt recovery procedures. It should be noted? that there will be years when the target will not be achieved due to various economic and social difficulties, however if the recovery action is consistent and regular, that the amount of legal action and the outstanding debt should reduce as ratepayers become aware of Councils commitment to recovery action.

 

14/09/2007

Council?s rates and finance staff work hard on debt recovery and are consistent in their approach.? Retain

60

Depreciation ? financial Services

To ensure that the consumption of assets is equitably shared throughout their useful life, in a consistent way and that Council's assets are recorded at their written down value in the Statement of Financial Position.

Policy statement

1????????????? That depreciation is applied to all classes of Fixed Assets, excluding Land, in accordance with the indicative useful lives as prescribed in the Department of Local Government's Asset Accounting Manual, excepting the following alterations to Plant assets: ??a???????? Trucks/Lorries?  8 Years

b?????? Road/Works Plant????????? 12 Years

2????????????? That depreciation shall be applied on a straight line basis in accordance with the Asset Accounting manual.

 

16/09/2004

This policy is covered by accounting rules and guidelines.? Delete


 

61

Development Advisory Unit Pre-Lodgement Meetings

That Council establish a Development Advisory Unit for Pre-Lodgement meetings under the following guidelines:

 

23/08/2006

There has been considerable change in DA processing with the determination of major development applications by Joint Regional Planning Panels.? Nonetheless pre-lodgement meetings are worthwhile when considering major DA?s.? Whilst it is good practice it is not necessary for it to be the subject of a Council policy.? Delete

62

Discharge of Liquid Trade Waste into Council?s Sewerage System

The objectives of this policy are:

?????? to protect public health;

?????? to protect the health and safety of the Council employees;

?????? to protect the environment from the discharge of waste that may have a detrimental effect;

?????? to protect Council assets from damage;

?????? to provide an environmentally responsible liquid waste management service to the non-residential sector;

?????? to encourage waste minimisation and cleaner production in the commercial and industrial sectors;

?????? to promote water conservation;

?????? to ensure that reuse of the sewage treatment plant effluent or biosolids is feasible;

?????? to ensure compliance of liquid trade waste discharge with the approved conditions; and,

?????? to apply a ?user pays? principle to liquid trade waste discharges.

 

16/11/2006

The liquid trade waste management policy was updated on 5 November 2009.? This policy should be replaced with the updated policy.? Replace

63

DRAFT: Contaminated Land Management & Guidelines

The objective of this Policy ? Contaminated Land Guidelines, is to clearly outline the process and evaluation for the proper management of contaminated or potentially contaminated land within Nambucca Shire.

Policy statement

1????????????? That Council adopt for implementation the Planning Guidelines for Contaminated Land recommended by the Department of Urban Affairs and Planning and Environment Protection Authority, particularly the Suggested Planning Implementation Processes outlined in Appendix B, for Council to follow in discharging its functions with reasonable care and due diligence. (Copy of Appendix B is attached.)

2????????????? That the following wording be adopted and attached to Section 149(2) Zoning Certificates under the EP&A Act:

"For land which has a previous land use history which could have involved use of contaminates on the site (but not for land which has been remediated to a point below the environmental investigation levels or to residue levels below thresholds):

Council has adopted by resolution a policy which may restrict the development of the land. This policy is triggered when zoning or land use changes are proposed on lands which have previously been used for certain purposes. Consideration of Council's adopted policy and the application and provisions under relevant State Legislation is warranted."

Where Council's records indicate the subject land is known to contain contaminates above the existing recommended levels, due to past use of the site or following remediation of the land for a specific use, it is suggested that this information also be included on the Section 149(2) Certificate:

"Council has adopted by resolution a policy which may restrict the development of the land. This policy is triggered when zoning or land use changes are proposed on lands considered to be contaminated, or lands which have been remediated for specific use. Consideration of Council's adopted policy and the application of provisions under relevant State Legislation is warranted."

3????????????? That Council adopt the Local Government Shires Association's following recommended wording as part of any resolution to give consent to development:

"Council's approval of this development to proceed is given with the clear understanding of the State Government's commitment to provide indemnity to the Council, as communicated by the Minister for Urban Affairs and Planing to the Local Government Association on 9 January 1996, and on the understanding that the legislative changes to the Environmental Planning and Assessment Act 1979 will be passed retrospectively to the date of release of the Contaminated Land Guidelines to cover this decision".

 

07/11/1996

There is considerable new legislation applying to this issue including State Environmental Planning Policy 55, the Contaminated Land Management Act and also DECCW guidelines concerning the management of contaminated and potentially contaminated land.? To avoid confusion with statutory requirements the policy should be deleted.? Delete

64

Ecological Sustainable Development

To provide a clear statement of Nambucca Shire Council?s commitment to ensuring that progress towards sustainability is an ongoing objective and to exercise community leadership on sustainable development within the Nambucca Shire Local Government Area.

Policy statement

4.1?????????? The definition of ESD as suggested by the Commonwealth Government, that is "using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be improved".

4.2?????????? That Council adopt the ESD goals, objectives and principles developed by the "National Strategy of Ecologically Sustainable Development, December, 1992", in promoting Ecological Sustainability as required under S403(2) of the Local Government Act (ie for consideration in relevant policy making processes, planning and development decisions of Council).

 

20/11/2008

ESD is incorporated in Council?s Mission Statement and Values in Service Delivery.? It is also a statutory consideration in the Local Government Act.? There is no requirement for it to be restated in a separate policy.? Delete


 

65

Easements ? Sewage ? Water - Stormwater

The installation of pipelines for water supply, sewage and stormwater are to have easements created where they traverse private property.

The easement instrument must reserve the right to enter the easement at any time without notice for the purpose of constructing, extending, maintaining, controlling, managing the work, inspecting or replacing.

 

21/10/2004

Retain

66

Environmental Compliance ? Environmental management System Manual ? Shire Works Depot

Nambucca Shire Council is committed to ensuring that all activities carried out by the organisation comply with the relevant State and Federal Environmental Legislation. The EMS is viewed as part of Council's requirements to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible as required under the Local Government Act, 1993. Council are committed to improving the management of the environment and specifically the management of hazardous substances and wastes.


1.1?????????? Policy Statement

??????????????? It is the policy of Nambucca Shire Council to ensure that all activities carried out at the Macksville River Street Depot comply with the relevant Environmental Legislation and with the principles of sustainable development. Further, it is the policy of Nambucca Shire Council that the management of all activities carried out or associated with the River Street Works Depot shall be done so within the framework of an Environmental Management System approved by Council.

 

15/05/1997

As there is an EMS for the Works Depot the policy should be retained to acknowledge its existence and application.? Retain

 

67

Extended Trading Hours ? Designated Holiday Period and Public Holidays

To extend the trading hours of designated holiday periods and public holidays.

Policy statement

This Policy applies to all retail businesses that provide a service for visitors to the area and tourists generally and includes all Cooked Food Shops, Retail Outlets, Real Estate Agents, News agencies, Bookshops, Camping and Hardware Shops, Bait and Tackle Shops, Chemist Shops, Convenience Stores, Fruit and Vegetable Shops, Car Sales Yards, Service Stations, Souvenir Shops and any other retail operation where it can be demonstrated that it provides a service to visitors/tourists to the area.

 

 

This is not a responsibility of Council.? Trading hours are set by the State Government.? Delete

 

68

Film and Television

To define Council's stance on film making activities in the Shire.

Policy statement

1?????????? That Council adopt the Film and Television Policy developed by

????????????? the Screen Links Manager.

2????????????? That Council waiver any existing application and permit fee, making filming fee-free for local companies and community groups to encourage business growth and industry development locally.

3????????????? That local companies will be required to lodge their Certificate of Currency for public liability insurance with Council at the start of each year and submit a filming permit at the time of each shoot for ease and convenience.

 

19/07/2007

This policy is still applied.? Retain

 

69

Freedom of Information ? Access to Information ? Freedom of Information Act

As a matter of policy Council

?????????? provide or permit informal access to its Codes and Policies; public attendance at meetings apart from those parts of the meetings closed to the public; and to

?????????? make available to the public and the media copies of business papers and minutes (apart from reports and papers submitted to Closed Meeting or Committee of the Whole);

such access to include access to the various Officers' reports with such informal access being subject to the over-rider that where there may be concerns in regard to exposing Council to legal liability then the concurrence of Council?s insurers should be obtained prior to granting access to the information and documents in question and that without such concurrence such informal access be refused.

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

70

Freedom of Information ? Documents Affecting Personal Information

?????????? That Council?s policy in regard to Freedom of Information legislation with reference to Section 31 of the legislation provides that access to a document concerning a person?s personal affairs will not be given without the Council first considering the provisions of this Section which provides that Council must take reasonable, practical steps to obtain the views of the person concerned and affected by the document, the aim being not to unreasonably disclose information concerning the personal affairs of that person in response to any application received under the Freedom of Information Act and noting that Clause 6 to Schedule 1 - exempt documents - extends on documents affecting personal affairs.

?????????? That the nature or subject of a complaint be released, unless otherwise under the provisions of the FOI Act.

?????????? That the name(s) of applicants not be released.

 

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

71

Freedom of Information ? Documents in Closed Meeting or Committee

That documents submitted to Council in Closed Meeting or in Committee of the Whole be authorised for release under the Freedom of Information Act.

 

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

72

Freedom of Information ? Principal and other Officers

That the ?Principal Officer? is the General Manager and that the Director Corporate Services is appointed as ?Other Officer?.

 

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

73

Freedom of Information ? Privacy Code of Practice for Local Government

In accordance with Section 381 of the Local Government Act 1993, Council has delegated to the General Manager the authority to adopt a Privacy Management Plan for implementation on 1 July 2000.

 

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

74

Freedom of Information ? Public Access to Correspondence and Reports

Councillors (Elected Members) take note of their rights to access Council?s documents under the provisions of Sections 10, 11 and 12 of the Local Government Act 1993, such provisions also apply in regard to public access to correspondence and reports.

 

21/10/2004

FOI has now been replaced by Government Information (Public Access) Act 2009 (GIPA).? Delete

 

75

Instructions to Staff ? Correspondence Acknowledgements

Advertisements published by various Departments inviting objections or submissions include a statement to the effect that all submissions or objections will be acknowledged in due course following Council's determination of the issue.

 

All correspondence should be responded to within two weeks of receipt.

 

17/11/2005

The policy is concerned with a relatively small sub-set of customer service standards.? The policy should be replaced with a more comprehensive document dealing with service standards.? Replace

76

Insurance ? Committees of Management

A???????????? The Macksville and Nambucca Heads Senior Citizen Clubs are exempt from contributing towards the yearly cost of Property Insurance for their respective facilities.

B????????????? Committees of Management be required to contribute 50% towards the cost of Property Insurance?with the exception of (A) above.

01/12/2004

Council no longer requires contributions from Committees of Management towards the cost of property insurance.? Delete

77

Insurance ? Consultants Professional Indemnity

That consultants proposed to be engaged by Council in the future be required to provide evidence of professional indemnity insurance cover.

 

18/11/2004

Retain

78

Insurance ? Contractors Insurance ? workers Compensation Public Liability Motor Vehicle

That Council implement procedures to ensure various insurance policies are in effect for the full year.

Those contractors must submit proof of public liability and workers compensation or personal accident insurance prior to being engaged on contract work with Council, and evidence of currency of motor vehicle insurance as detailed below.

 

01/12/2004

Council recently implemented a web based solution from B&G Conserve which will ensure the requirements of this policy are met.? Retain

79

Internal Reporting

1.1?????????? This policy establishes an internal reporting system for the reporting of disclosures of corrupt conduct, maladministration or serious and substantial waste of public money by Nambucca Shire Council or its staff.? The system enables such internal disclosures to be made to the disclosure coordinator or a nominated disclosure officer, or the Mayor, as an alternative to the General Manager.

1.2?????????? This policy is designed to complement normal communication channels between supervisors and staff.? Staff are encouraged to continue to raise appropriate matters at any time with their supervisors, but as an alternative have the option of making a protected disclosure in accordance with this policy

 

19/02/2009

This is covered by the Code of Conduct.? All new staff are provided with an induction which covers the Code of Conduct.? The policy is a duplication of this process.? Delete

80

Investment and Strategy

To ensure that Council's surplus funds are invested in accordance with the requirements of the Local Government Act, in a secure and prudent manner to generate the optimum return on investments.

Policy statement

4.1????????????? That all Council funds not required for financial commitments are to be invested in accordance with Council's investment strategy.

4.2????????????? That Council's investment strategy is reviewed every six months by Council's Investment Advisors.?

4.3????????????? That every 5 years Council calls for expressions of interest for independent investment advice.

 

18/01/2007

Retain

81

Land Classification ? Reclassification Community Land - Local Government Department Local Government Act 1993

 

TRIM: 26068/2007

Carparks, as described in the General Manager?s Report and located in Macksville, are reclassified as community (land).

Lot Part 4, Section 1, DP 2037, Lot 2, DP 521557 (carpark), McKay Street, Macksville, Assessment 1202/-.

Lot 17/20, DP 9387 (carpark) Star Street, Macksville, Assessment 1350/-

Lot 21 and Part 22, DP 9387 (carpark) Star Street, Macksville, Assessment 1351/-

Section B, Lots 9-10, DP 6045 (carpark) Winifred Street, Macksville, Assessment 1527/-

 

21/10/2004

The land is classified and there is statutory requirement for changing classification.? Policy is not required.? Delete

82

Land Classification

Community Land

Local Government Department, Local Government Act 1993

 

TRIM:? 25258/2007

 

That Council note the community lands and their respective categories and sub-categories as per this report and as supported by the circularised mapping data produced by the geographical mapping system (in most cases).

 

That the Director of Operational and Technical Services arrange on-site inspections of these properties to verify the correctness of category (ie some bushland areas may in fact be park areas etc although they will still remain as community classification); to identify and register assets on site for the purposes of the assets register; and to assist with determining objectives and performance targets etc required for the plans of management.

 

That to assist with the preparation of the plans of management, the Parks and Reserves Committee be requested to set guidelines or indicators for the degree of development, maintenance, collection of litter and reduction of bushfire hazards and to address any other matters or heads of consideration considered pertinent in respect of the various categories and sub-categories of community land.

 

21/10/2004

The policy simply restates Council?s obligations under the Local Government Act concerning the classification of community land and also asset management.? Also the Parks and Reserves Committee no longer exists.? Policy is not required.? Delete

83

Land Classification ? Operational Land

Local Government Department

Local Government Act 1993

Land Classification

Additional Operational

That the parcels of land listed hereunder which facilitate the carrying out of a number of functions be classified as Operational:?

21/10/2004

The land is classified and there is statutory requirement for changing classification.? Policy is not required.? Delete

84

Leases ? Repayment of Legal Costs

That all future applicants requiring leases be required to prepay legal costs associated with preparation and registration of such leases.

 

16/10/2004

This is normal practice.? Whether it should be the subject of a policy is questionable.? Retain

85

Legal Options ? Use of Common Solicitor

That a common Solicitor not be used when an applicant to Council is involved.

 

29/05/2007

The policy arose out of an issue in 1995.? It is not clear what the intent of the policy is, but presumably it is requiring that Council and the other party not be represented by the same solicitor.? This is good practice but the policy should be redrafted to clarify its intent.? Replace

86

Legal Opinions ? Written Confirmation of Verbal Requests ? Department of Local Government

That Council require written confirmation of verbal requests for files or information by the Department of Local Government.

 

16/12/2004

This is a procedural matter covered by the Government Information (Public Access) Act (GIPA).? Delete

87

Memorials on Council Controlled Land

This policy states Council?s position regarding private memorials to individuals.

Policy statement

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

 

18/02/2010

 

Recently reviewed by Council.? Retain

88

Memorials on Council Controlled Land ? Macksville Cemetery

This policy is designed to achieve the following objective:

?????????? Provide the opportunity to place memorials on Council controlled land, specifically the Macksville Cemetery

Policy statement

Council adopts, as policy, the following criteria for the erection of commemorative information at the Macksville Cemetery?in the garden bed edged with rocks and located some two meters from the columbarium (niche) wall:

1????????????? memorial rocks and plaques will be permitted in this garden bed which is already edged with rocks, in a location that does not obstruct the view of existing memorials

2????????????? any damage occasioned to existing memorial rocks must be repaired by the persons currently installing any new memorial rock

3????????????? the work may be undertaken by members of the family of the deceased subject to insurance coverage being obtained in regard to injury of persons and damage to property

4?????????? the work may be undertaken by a professional stonemason

5?????????? Council will regularly maintain the garden bed involved.

 

17/02/2005

To be incorporated into a plan of management for the Macksville cemetery.? Replace

89

Not for Profit ? Charities or Community Groups ? Reimbursement/Waver of Fees and Charges.

The policy is designed to achieve the following objectives

???? Reduce the financial burden on not for profit charitable organisations and community groups.

???? Identify funds within Council?s budget to cover applications for refunds.

???? Reduce staff administration time in handling requests for refunds and allowing a more consistent approach to managing applications and applying fee schedule.

Policy statement

1?????? That each year, in conjunction with the estimates, Council determine the maximum amount of expenditure under Section 356.

2?????? That each year, in conjunction with the estimates, Council determine the amount to be spend by way of general donations.

3?????? That each year, in conjunction with the estimates, Council determine the amount to be expended by way of donations to charitable organisations within Council?s Planning Instruments to off-set building application fees, development application fees and lease fees.

4?????? That all applications for donation to off-set fees and contribution charges be considered at the end of the rating year and distributed proportionally between applicants, in relation to the amount of fee or contribution paid.

5?????? That application for donations be considered in the same year in which a development application, building application or lease is lodged/executed.

6?????? That each applicant be required to complete an application for outlining the purposes of which the development will be used, the benefits that will accrue to the community from the development and the sections of the community who will benefit from the works.

7?????? That delegation be given to the General Manager to ascertain the merit of the application.

 

06/01/2008

Policy recently reviewed and being applied.? Retain

90

Not for Profit ? Charities, Community Groups, Service Clubs, Sporting Clubs ? Discounted Application Fees

The policy is designed to achieve the following objectives

?????? Reduce the financial burden on not for profit charitable organisations and community groups.

?????? Reduce staff administration time in handling requests for refunds and allowing a more consistent approach to managing applications and applying fee schedules.

?????? Ensure that the financial assistance provided by Council is reasonable and within its financial means.

?????? The policy applies equally to Council owned or controlled property and other property.

Policy Statement

The following tables for discounting fees for applications by ?not for profit? charities, service clubs, sporting clubs and community groups have been adopted by Council and are to be used as a guide?however, applications for works above $20,000 to come to Council for determination. (etc)

 

17/01/2008

Policy recently reviewed and being applied.? Retain

91

Noxious Weeds and Animals ? Advertising Spraying

Notification of spraying for noxious weeds will be on radio only with a notice in the press advising to listen to the radio for details of aerial spraying.

 

15/12/2005

Has been superceded by Pesticides Notification Plan.? Replace


 

92

Noxious Weeds and Animals ? Delegated Authority Noxious Weeds Act 1993?

That in accordance with the provisions of Section 68 of the Noxious Weeds Act 1993, Council as the local control authority, delegate to the General Manager, the local control authority?s functions under this Act (other than the power of delegation).

 

15/12/2005

Retain

93

Noxious Weeds and Animals ? Fire Weed

Council has adopted, as policy, the strategies as outlined below:

Council will aim to:

4.1?????????? Carry out awareness and education programs so that the general public and land owners are conversant with the identification and options available to control the spread of the FIRE WEED (Senecio madagascariansis)

4.2?????????? Determine that infestations are either endemic (regular occurring) or isolated patches only.

4.3??????? Consider each infestation on its merits and advise the appropriate method of control.

4.4?????????? Promulgate the methods of control as detailed in the Department of Agriculture and Fisheries Agfacts No 642 Fire Weed, viz:

*??????? mechanical

*??????? chemical

*??????? cultural

 

15/12/2005

Has been superceded by a Class 4 Plan of Management.? Delete

94

Noxious Weeds and Animals ? Giant Parramatta Grass

Council has adopted, as policy, the strategies as outlined below:

Council will aim to:

4.1?????????? Carry out awareness and education programs so that the general public and land owners are conversant with the identification and options available to control the spread of the FIRE WEED (Senecio madagascariansis)

4.2?????????? Determine that infestations are either endemic (regular occurring) or isolated patches only.

4.3??????? Consider each infestation on its merits and advise the appropriate method of control.

4.4?????????? Promulgate the methods of control as detailed in the Department of Agriculture and Fisheries Agfacts No 642 Fire Weed, viz:

*??????? mechanical

*??????? chemical

*??????? cultural

 

15/12/2005

Has been superceded by a Class 4 Plan of Management.? Delete

95

Official Visits by Ministers or Officers of Government Departments

That in regard to meetings with Ministers, Politicians or Government Department Officers, Councillors be furnished with copies of the appropriate material, supporting information and CV's as appropriate at the time of issuing the notice of the meeting with the official concerned.

Explanation

A meeting of Officers of the Department of Infrastructure, Planning and Natural Resources, (DIPNR) regarding rural residential allotment quotas was of concern to a number of Councillors in that there was a lack of forward supply in terms of copies of material from Council's files dealing with this matter, so much so that the feeling was that perhaps the Councillors were not as well prepared as they could have been for the meeting.

 

15/12/2005

As indicated this policy arose out of single issue in 1995.? It is similar to the policy ?Councillors ? Council Meetings ? Visit by Representatives or Officials of Government Departments and Authorities?.? It is a procedural matter of ensuring that Councillors or staff are properly briefed in relation to a visit by representatives of a Department.? It is a common sense courtesy that should not require a Council policy.? Delete

96

Ombudsman - Investigations

That Council forward draft replies to investigations by the Ombudsman to Council's Solicitors for legal advice prior to the reply actually being sent.

 

16/12/2004

The policy originated from an incident at another Council in 1988.? Council staff deal with inquiries from the Ombudsman?s Office on an infrequent basis.? There is usually no need to obtain legal advice before responding.? Delete

97

Outstanding Development Applications for Development Consent

?????????????? To ensure that Applications for Development Consent contain the relevant information as outlined in Schedule 1 of the Environmental Planning and Assessment Regulations 2000.

?????????????? To ensure that an Application for Development Consent clearly identifies the proposal the subject of the application.

?????????????? To establish clear guidelines for Council to deal with Applications for Development Consent where insufficient information or description has been provided.

?????????????? To identify where delegations may be provided to the General Manager to refuse an Application for Development Consent.

Policy statement

To ensure that Development Applications are dealt with as expeditiously as possible and to identify the steps to be taken where an incomplete Development Application has been submitted.

 

25/06/2008

The requirements for applications are set out in the legislation and Council?s fees and charges.? Council operates with well defined delegations.? The remainder of the policy concerns basic procedural matters.? As the policy content is covered by legislation and existing procedures it is not required.? Delete

98

Payment of Fees and Expenses and Provision of Facilities to Councillors

 

TRIM:?? 28205/2009

1.0?????????? The purpose of the policy is to ensure that Councillors receive adequate and reasonable expenses and facilities to enable them to carry out their civic duties. It ensures that these are provided in an accountable and transparent manner.

Policy objective

1.1?????????? To comply with the requirements of the Local Government Act and the Code of Conduct.

1.2?????????? To ensure that Councillors are able to effectively carry out their responsibilities as members of the Council and as community representatives without suffering financial hardship

1.3??????? To provide appropriate insurance coverage for Councillors in respect of Personal Accident, Public Liability and Professional Indemnity and Councillors' and Officers' Liability.

19/11/2009

This is covered by the policy ?Payment of Fees, Expenses and Provision of Facilities to Councillors?.? Delete


 

99

Payment of Fees and Expenses and Provision of Facilities to Councillors

 

TRIM: 24020/2007

 

1.1?????????? To comply with the requirements of the Local Government Act and the Code of Conduct.

1.2?????????? To ensure that Councillors are able to effectively carry out their responsibilities as members of the Council and as community representatives without suffering financial hardship

1.3?????????? To provide appropriate insurance coverage for Councillors in respect of Personal Accident, Public Liability and Professional Indemnity and Councillors' and Officers' Liability.

Policy statement

3.1??????? Annual Fees

3.2??????? Expenses

???????????? 3.2.1???? Travel

???????????? 3.2.2???? Sustenance

???????????? 3.2.3???? Out of Pocket Expenses

???????????? 3.2.4???? Internet Connection

3.3??????? Provision of Facilities

???????????? 3.3.1???? Councillors

???????????? 3.3.2???? Council Information

???????????? 3.3.3???? Mayor

3.4??????? Travel on Council Business

???????????? 3.4.1???? Accommodation

???????????? 3.4.2???? Travel

???????????? 3.4.4???? Reimbursement of Costs

3.5??????? Insurance

???????????? 3.5.1???? Personal Injury

???????????? 3.5.2???? Professional Indemnity

???????????? 3.5.3???? Public Liability

???????????? 3.5.4???? Councillors' and Officers' Liability (Including Employment Practices Liability)

???????????? 3.5.5???? Statutory Liability

???????????? 3.5.6???? Personal Effects?Council Premises

3.5.7 Use of Private Motor Vehicle while on Council Business

 

01/10/2009

This is covered by the policy ?Payment of Fees, Expenses and Provision of Facilities to Councillors?.? Delete

100

Pecuniary Interest ? Nature of Interest ? Councillors, Staff, Delegates

That in declaring pecuniary interests, Councillors be required to state the nature of the interest, ie, whether the interest is due to business reasons or family reasons and, in order to respect the sensitivities referred to in the circular, this be regarded as sufficient expression of "the nature of the interest".

 

18/07/1996

Part of the Local Government Act, Code of Conduct and also covered by the disclosure form at the front of the business paper.? Delete


 

101

Plant ? Tenders and New Purchases -Chlorofluorocarbons

That Council does not purchase or use pressure packs using chlorofluorocarbons as propellants.

 

That Council add other banned propellants to this list if/when identified.

 

17/12/2005

It is unknown if chlorofluorocarbons continue to be used in pressure packs.? As it is unknown, the policy should continue.? Retain

102

Plant ? Tenders and New Purchases ?Light Vehicle Quotations

The General Manager has delegation to accept the lowest conforming quotation, with the General Manager in turn delegating authority to the Director Operations and Technical Services, with advice on the result of the quotations being provided to Council for its information.

 

17/12/2005

Covered by GM?s delegations.? Council has also entered into a contract with Toyota for the leasing of its light vehicles.? Delete

103

Policy Distribution and Review

Policies for review at Council's Works Inspection Meetings will be distributed with the Business Paper on the Thursday prior to the Works Inspection.

 

17/12/2005

Has been superseded by Council?s resolution to circulate the GPC and Ordinary Business Papers on the Wednesday prior to the GPC, not the Thursday.? Also a procedural matter which doesn?t warrant a Council policy.? Delete

104

Press Release ? Media Release

All media releases to be made through the Mayor in conjunction with the General Manager.

 

17/12/2005

This is a continuing practice.? Retain

105

Press Release ? Media Release - Politicians

How to deal with media releases of a political nature.

 

To guide staff in determining which media releases should be copied and distributed to Councillors generally and which media releases should be simply filed.

 

Leading up to elections media releases are issued both from the Government and the Opposition stating what they would do by way of policy or policies, if elected.? Usually the contents of these media releases are covered by the media and therefore do not require copying and distribution.

 

Ministers often issue media releases announcing funding opportunities and calling for applications for funding, including grants.?? These releases should be copied particularly if they are covered by a report item which might ask the Council to determine whether the grants on offer should be followed up by way of an application etc.

 

Ministers occasionally issue media releases putting, say local government or other industries on notice regarding legislative changes, compliance and enforcement which are of an informative nature and which should also be copied for the information of Council (Councillors and Council Officers).

 

17/12/2005

The GM circulates relevant media releases to the Mayor and Councillors.? Grant funding opportunities are also circulated to Committees of Management and others.? Does not warrant a policy.? Delete


 

106

Procurement of Goods and Services

To establish the administrative framework required for the implementation of Council's procurement arrangements as follow:

 

a)???????????? To facilitate the procurement of goods and services in the most timely, cost effective and environmentally sustainable manner

b)???????????? To ensure Nambucca Shire Council meets its legal and statutory obligations

c)???????????? To ensure all purchasing activities are carried out in a professional manner

d)???????????? To ensure all delegated officers have a clear understanding of their responsibilities

e)???????????? To allow flexibility to departments provided that all activities are completed within Council's guidelines, instructions and legal obligations and approved budget allocations

f)???????????? That all practices and procedures regardless of the size of the transaction be open and transparent and able to withstand public scrutiny.

Policy statement

All general purchasing, tenders and quotations shall be conducted in accordance with Council's Procurement Policy, Procurement Procedures Manual and other instructions as issued by the General Manager.

 

16/10/2008

Recently adopted policy concerning a major functional activity.? Retain

107

Progress Associations and Chambers of Commerce ? Busking in Public Place

Busking in a public place requires the compliance with the following:

 

1????????????? That the applicant submit written approval from the various Chambers of Commerce in respect of the towns where busking is proposed.

2?????????? That Council determine the application.

3????????????? That the applicant will not obstruct pedestrian movement on footpaths.

4?????????? That amplification will not be permitted with reference to music and voice.

Note:? The applicant will not be required to hold public liability coverage on the grounds that the busker is a member of the public performing in a public place or using a public place.? However, if the act involved juggling including with equipment such as knives, flaming torches, etc then public liability cover will be required.

 

17/02/2005

This is the current practice.? Unlikely to get public liability cover for juggling knives or flaming torches in a public place.? Retain


 

108

Progress Associations and Chambers of Commerce ? Requests

The Director Engineering Services will first report on the various requests received from Community Groups and Associations prior to the budget deliberations for Council?s consideration.

 

17/02/2005

Process will change under the Integrated Planning and Reporting legislation.? Capital works program to be determined once every 4 years, not annually.? Input from community groups, including the Chambers of Commerce, will be captured in the 10 year Community Strategic Plan and the 4 year Delivery Program.? Delete

109

Public Halls and Meetings - Maintenance

The Director Engineering Services will first report on the various requests received from Community Groups and Associations prior to the budget deliberations for Council?s consideration.

 

17/02/2005

Process will change under the Integrated Planning and Reporting legislation.? Capital works program to be determined once every 4 years, not annually.? Input from community groups, including the Chambers of Commerce, will be captured in the 10 year Community Strategic Plan and the 4 year Delivery Program.? Delete

110

Rainwater Tank Rebate Scheme

The Objectives of this Policy are to provide a financial incentive to install rainwater tank/s to reduce demand on Council?s reticulated water supply and storage and provides guidance to property owners proposing to install new rainwater tank/s (roof catchment only) and seek an installation rebate from Council.

Policy Statement

Rainwater tanks are commonly used in the Nambucca Shire as a private water supply in areas where there is no public water supply available.

 

Rainwater tanks can also provide benefits in urban areas with reticulated public water supplies. While NSW Health recommends using the reticulated supply for human consumption (drinking water) ie drinking, cooking and bathing, the tank water is entirely suitable for toilet flushing, laundry, car washing, swimming pool top up and garden watering purposes. Such dual supplies need to be carefully installed to ensure that water from the tank cannot backflow into the public supply and this means separate piping systems and backflow prevention valves.

 

Rainwater tanks can also act as a stormwater control device by providing some temporary storage of runoff from the roof. This tends to mimic, to some degree, the way natural environments behave in slowing down the rate of discharge of stormwater. This can reduce the adverse impacts of urbanisation on local streams and the landscape, and in many cases can reduce localised flooding.

 

Council supports and encourages the use of rainwater tanks to:

???????????? reduce demand on town water;

???????????? reduce environmental impacts by conserving the water resource;

???????????? reduce environmental impacts by reducing the severity of stormwater runoff from urban areas;

???????????? provide additional water security to consumers during times of drought and interrupted water supply; and

???????????? reduce costs to consumer and Council by reducing demand for treated town water.

 

Suggested Uses for Water from Rainwater Tanks

The suggested uses for rainwater include:

 

???????????? Toilet flushing

???????????? Cold water service to washing machine

???????????? Garden watering, car washing, swimming pool top up and all other external outdoor uses

In reticulated areas, Council does not recommend the use of water supplied from a rainwater tank for human consumption such as drinking, cooking or bathing purposes. The decision to use rainwater for drinking or other consumption purposes is entirely at the residents? and owners? risk.

 

It should be noted that after a tank is installed, it is vital that consumers continue to minimise water usage (particularly garden watering and other external uses).

If consumers fail to exercise the same vigilance and restraint and the tank simply becomes an extra source of supply, the potential environmental benefits are lost.

 

15/04/2010

Current.? Retain

111

Rates - -Pensioners Concessions

In relation to the application of Section 575 of the Local Government Act 1993,

 

1????? You must be an eligible pensioner to receive a pensioner concession. The legislation explains eligible pensioners as:

?????? People who receive a pension, benefit or allowance under Chapter 2 of the Social Security Act 1991 of the Commonwealth and hold a pensioner concession card issued by or on behalf of the Commonwealth government;

?????? People who receive a service pension under Part 111 of the Veterans? Entitlements Act 1986 of the Commonwealth and hold a pensioner concession card issued by or on behalf of the Commonwealth Government;

?????? People who receive a pension from the Commonwealth Department of Veterans? Affairs (DVA) as:

o? The widow or widower of a member of the Australian Defence or Peacekeeping Forces or

o? The unmarried or widowed mother of a deceased unmarried member of either of those Forces.

?????? People who receive a general rate of pension adjusted for extreme disablement under section 22(4) of the Veterans? Entitlements Act 1986 of the Commonwealth, or a special rate of pension under section 24 of the Act. That is those that hold a DVA Gold Card with TPI (Totally Permanently Incapacitated) EDA (Extreme Disablement Adjustment) embossed on it.

 

Nambucca Shire Councils? policy is to grant a pensioner concession:

?????? to all War Widows regardless of whether they hold a centrelink pension card in addition to their Gold Card.

?????? to pensioners who have a life time tenancy of the premises in which they reside. Proof of life time tenancy is required in the form of a copy of the will or contract of sale.

?????? If a pensioner owner is hospitalised or living in a retirement village they are entitled to keep the concession on their home until such time as it is sold or rented out.

?????? In the case of a Family Law dispute where a partner has left the premises a full concession will be granted if a Statutory Declaration is provided by the remaining eligible pensioner stating that they are responsible for all the rates and charges payable on the property.

?????? For defacto relationships where both partners reside at the property. A full concession will only be granted if both peoples names are on the pension card otherwise it is a percentage of the concession in accordance with their percentage of ownership.


Married couples are entitled to a 100% concession even if only one name appears on the pension card.

?????? For a married couple where the home is owned by one partner but a pension concession is held by the other partner a full concession will be granted if it is their principal place of residence.

?????? In the case of a married couple where the property is not jointly owned. If the owner is on compensation and not eligible for a pensioner concession card but the husband/wife is granted a pensioner concession card a 100% concession will be granted.

 

2????? You must occupy the dwelling for which a concession is sought as your sole or principal place of living.

 

3????? The amount of concession will be determined on the basis that:

?????? You own the property (or are liable for the rates) on your own. A statutory declaration will be accepted as evidence of liability if partners have separated. Or

?????? You own the property (or are liable for the rates) with one or more eligible occupiers (an eligible occupier can be your spouse, another eligible pensioner and his or her spouse if they use the property as their sole or principal home_; or,

?????? You own the property (or are liable for the rates ) with someone who is not an eligible occupier; or

?????? A company owns the property (it is a ?company title? property) and because you have shares in the company you are liable to pay rates or charges either

o? On you own; or

o? With one or more eligible occupiers, or

o? With someone who is not an eligible occupier.

 

If you own the property with someone else or own shares in a company which owns the property you will have to give some evidence of this to the council.

4????????????? People who become, or cease to be, eligible pensioners during the year will receive a concession proportionate to the number of full quarters in which they are an eligible pensioner.

 

31/05/2007

This is an internal procedure to provide consistency in the application of Section 575 of the Local Government Act.? It is considered to be an operational matter rather than a Council policy that needs an endorsement by Council.? It is recommended that it be deleted as a Council ?policy? but it will continue to be applied as a procedure by Rates staff.? Delete

 

112

Records Management Policy and Plan

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

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

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

Policy Statement

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

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

 

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

 

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

 

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

 

17/09/2009

This policy has been recently developed following a recommendation in the Promoting Better Practice Review report.? Retain

113

Requests and Complaints

1.1?????????? To demonstrate Council?s commitment to an effective complaint and request handling system, which:

?????? Helps to resolve customer dissatisfaction

?????? Increases satisfaction and reduces complaints/requests in the future

?????? Provides Council with the opportunity to improve customer services

?????? Assists decisions regarding particular instances of dissatisfaction

?????? Assists Council in its strategic planning

?????? Assists Council with management of unreasonable complainants

?????? To utilise feedback/reports generated to improve services and systems.

 

12/05/2009 by MANEX

The requests and complaints policy arose out of a recommendation in the Promoting Better Practice Review report.? Retain

114

Reserves and Parks ? Conditions Of use of Sports Grounds

This policy is designed to achieve the following objectives

1.1??????? Define the responsibilities of groups using the sportsgrounds.

1.2??????? Define the conditions under which the sportsgrounds are used.

Policy statement

Council adopts, as policy, the following conditions for the use of sportsgrounds.

 

12/12/2005

 

The policy mainly concerns the authority and role of the responsible Committee of Management.? Retain

115

Risk Management for Footpaths

To adopt a strategy for the risk management of footpaths having regard to Council?s limited resources.

Policy statement

That Council manages the footpath network with the aim of identifying and reducing risk by undertaking the following four steps:

1????????????? That Council aims to set an annual budget of $30 000 towards footpath maintenance subject to a review of funds available each year.

2????????????? That Council recognises that the gradual improvement to footpath safety will take a regular program over many years, currently estimated at 10.

3????????????? That Council inspections be once every 6 months and cover 25% of the footpath network.

4????????????? That Council considers a trip height of 10mm to be ?low risk? and therefore low priority to be remediated.? The risk rating will rise to ?medium risk? where the trip height is 5-10mm in an area of poor natural or artificial lighting.

5????????????? That Council gives highest priority to those trip heights greater than 20mm.

 

19/01/2006

The policy mainly concerns the management of one class of assets and the service standards which Council applies to that asset.? Ultimately the policy should be replaced by an asset management plan for footpaths.? Pending the completion of that asset management plan, the policy should be retained.? Retain

 

116

Roads ? General ? Erection of Public Gates and Motor Bypass (Grids)

The safe and unimpeded access along a road is reduced by the presence of public gates and motor bypass.? To improve the situation Council will not allow new ones to be constructed and installed and requires that existing ones are upgraded and thereafter remain maintained and insured by the landowner.

Policy statement

4.1?????????? No new public gates or grids will be permitted to be erected on public roads controlled by Council.

4.2?????????? Existing ramps as identified in the register (August 2008) may only remain in place if they are maintained to an acceptable level by the landowner.? The acceptable standard being:

a)???? Ramp strengthened to carry a T44 traffic loading or if not feasible then wherever possible a by-pass gate must be installed and maintained to an acceptable level for heavy vehicle and stock access around the ramp

b)???? Erection and maintenance of sign posting in accordance with Australian Standards

c)???? Clear width of 3.6 metres

d)???? Steel construction is preferred.

e)???? No damage evident to grid rails

f)???? Regularly cleared and free of silt

g)???? Ramp must comply with the Roads Act 1993 ? Public Gates

? Notice on gate 75 mm high saying ?PUBLIC GATE? and the allocated??? registration number.

4.3?????????? Clause 130 of the Roads Act 1993 allows the Road Authority to revoke a public gate permit and the occupier of the land has one month from the date of the notice to comply.

 

15/01/2009

This policy was recently reviewed.? Retain

117

Roads ? General ? Provision and Maintenance of Roads

Nambucca Shire Council is committed to the Management of a Roads and Traffic System that promotes the safe, economic and efficient movement of people and goods that meets the needs of all sectors of the community within Council?s resources.

Policy statement

In implementing this policy Council recognises its limited funding base and the need to allocate resources to areas of highest priority whilst still maintaining a reasonable service to all areas.

A?????? Road Hierarchy

In order to determine the relative priorities for construction standards, maintenance, and Levels of Service, a Road Hierarchy will be implemented.

In adopting a Road Hierarchy, Council acknowledges that some sections of road in individual Schedules may not currently meet the adopted standard for that Schedule of road.? In order to fulfill the terms of this policy Council will identify areas of deficiency, erect appropriate signage and prepare a program of upgrading works for consideration of funding.

B?????? Risk Management

Council has a duty of care to users of roads and footpaths and will fulfil its hazard inspection and repair obligations through the implementation of a Road Risk Management Strategy.

 

17/11/2005

The policy mainly concerns the management of one class of assets and the service standards which Council applies to that asset.? Ultimately the policy should be replaced by an asset management plan for roads.? Pending the completion of that asset management plan, the policy should be retained.? Retain

118

Roads ? General ? Road Upgrading and Sealing

Council requests landowners to fence, dispose of tree waste, relocate improvements and give land when road upgrading and sealing is proposed with the request being followed up with negotiations.

Note:? The Director Operations and Technical Services to report to Council on the current compensation policy which is to be reviewed, and the possible amalgamation of the two policies.

 

17/11/2005

The matters referred to in the policy are subject to legislation ? the Land Acquisition (Just Terms) Compensation Act and the Dividing Fences Act.? Council should not adopt policies which interpret or seek to change the application of legislation.? Delete

119

Roads ? General ? Sealing in Front of Houses

Council will determine an annual program to seal in front of houses after consideration of written applications submitted on the required form.

Note:? The application form is necessary to determine the circumstances of the request by providing information such as medical problems, traffic count, proximity of the road, length of time in residence and length of time on the waiting list.

 

17/11/2005

This funded program ceased a number of years ago.? Council does not have the funds to maintain the existing sections of dust seal let alone fund new sections.? Also Council has the difficult, if not impossible, job of prioritising a very long waiting list.? Delete

120

Roads ? General ? Temporary Road Closure

To provide a set of standard procedures for the consideration of temporary road closure applications that complies with the Motor Traffic Act 1993 Regulation Part 2?Roads.

Policy statement

A temporary road closure can be permitted provided the applicant meets the requirements that apply to the size and site of the event.

 

Applications can be made on the standard form titled "Application for Approval of Activities and Events on Roads".? Copes are available on line on www.nambucca.nsw.gov.au? or from Council's Administration Building


Procedural Flow Chart

 

For the purposes of this policy, a temporary road closure is defined as a road closure effected by the placing or maintaining of obstructions or barriers in a public road which prevent or restrict the passage of vehicles along, or the access by a particular route of vehicles to the public road for a few hours or days (this closure may be on a recurring basis for regular events) to allow for activities and events on roads such as fairs, carnivals, fun runs and exhibitions.

This policy was formulated to clarify procedures in implementing temporary road closures following the adoption by the NSW State Government of the Roads Act 1993.

The attached application form was developed to assist applicants.

 

17/11/2005

Council routinely deals with temporary road closures.? Retain

121

Roadside Maintenance

To set in place a range of work practices that determines Councils acceptable level of roadside maintenance activities.

Policy statement

URBAN

4.1??????? Mowing of Footpath Verges

4.1.1???? Council will only mow footpath verges on a regular basis under the following conditions:

4.1.2???? The footpath is an integral part of an adjacent park or reserve.

4.1.3??????? The footpath is the frontage for Council owned land for which Council provides mowing (eg Council?s Administrative Centre).

4.1.4??????? Council will only mow footpath verges on a needs basis if road and pedestrian safety is an issue where a sight restriction has been created at an urban intersection by vegetation growth.

4.2?????????? Use of Herbicides

4.2.1???? Councils pesticide notification plan applies.

4.2.2???? The use of herbicides must comply with the label instructions.

4.2.3??????? Weed control using herbicide can be carried out on the main arterial roads into the towns eg Mann Street, to control growth in gutters, footpaths, median strips, fencing and guardrail as required.

4.2.4??????? Weed control using herbicide can be carried out in the commercial areas of towns and villages to control growth in pavers, footpaths, against buildings, around electricity poles and landscaping as required.

4.2.5??????? Weed control using herbicide can be carried out in recreation areas including beaches, parks and reserves to control growth and to create efficient maintenance as required.? Such work can include grass control around bench seating, shelters, drains, fencing, playgrounds and the like

RURAL

4.3?????????? Mowing of Rural Roadsides

4.3.1??????? The road shoulder of bitumen sealed roads is to be mown by a tractor by a tractor/slasher combination where the terrain permits.

4.3.2??????? Mowing is to be restricted to the immediate shoulder adjacent to the bitumen edge.? The typical width of mowing will be 1.0 ? 2.0 metres in width.? Council does not require mowing of the road reserve to the fenced boundary at level areas or over the top of cuttings.

4.3.3??????? The following exceptions will apply:

??????????????? a)????? Intersections???????????? Mow area to ensure adequate sight distance for motorists.

?????????????????????????????????????????????????????????????? Reason ? Road Safety

???????????? b)???????? Public Halls???????????????? Mow the frontage of halls and parking areas.

?????????????????????????????????????????????????????????????? Reason ? Maintenance of Public Facilities

???????????? c)???????? Stockpiles?????????????????? Mow around gravel stockpiles

?????????????????????????????????????????????????????????????? Reason ? To reduce fire hazard and weed growth

4.3.4???? The main arterial roads are to be mown 2 to 3 times a year with lesser roads mown 1 to 2 times a year.

4.3.5??????? The mowing of steep batters and around structures such as bridges, behind guardrails is to be undertaken by a ?slope? mower on both sealed and unsealed roads.

4.3.6??????? This type of mowing is undertaken for the following reasons:

a)???? To ensure adequate sight distance for motorists on bends and narrow roads.

b)???? To provide adequate clearance from the road pavement to roadside vegetation for vehicles.

c)???? To remove the debris of herbicide treated weeds such as lantana.

d)???? To retain adequate sight distance at structures such as bridges.

4.3.7??????? This is a rolling program that addresses identified problem areas but with the aim of working through all roads over time.

4.4??????? Use of Herbicides

4.4.1???? Council?s pesticide notification plan applies

4.4.2???? The use of herbicides must comply with the label instructions.

4.4.3??????? Weed control using herbicide can be used to control vegetation growth for a width of 1.0 metres against the edge of the bitumen should this be necessary to assist the mowing program.

4.4.4??????? Weed control using herbicide can be used to control dense vegetation such as lantana where it is deemed not practical to mow.

4.4.5??????? Gravel roads can be subject to encroachment on the edges from vegetation growth.? This does not apply to all roads but where such vegetation is growing in the watertable, on road shoulders and in gravel windows generally within 1.5 metres of the road edge it will be sprayed with herbicide if required in advance of grading and gravel maintenance and contamination of the road making material and improving the efficient operations of the equipment.

4.4.6??????? After the use of the ?slope? mower to cut down vegetation there will be regrowth.? This should be treated with a herbicide suitable for woody weeds to improve the effectiveness of the work.

4.4.7??????? The control of roadside vegetation on road reserves will at times require the removal of earth, trees and other vegetation by using earthmoving equipment such as excavators.

 

17/04/2008

The policy mainly concerns the management of one class of assets and the service standards which Council applies to that asset.? Ultimately the policy should be replaced by an asset management plan for roadside maintenance or roads, including roadside maintenance.? Pending the completion of that asset management plan, the policy should be retained.? Retain

122

Rural and Residential Land Activities

Nambucca Shire is predominantly a rural shire and much of its local economy is built on the strength and viability of the many rural and agricultural industries operating in the shire. On this basis this Policy outlines Council?s position on the ?right to farm? and the many issues associated with farming that may be impinged upon by urban expansion or expectations.

Policy statement

When conflict arises between landowners undertaking genuine agricultural pursuits and non agricultural landowners/occupiers, Council?s position on the ?right to farm? as outlined as follows shall be considered when dealing with issues and passed onto complainants:

1?????????? Nambucca Shire Council supports the right of persons to carry out legitimate and compliant rural and agricultural uses and practices on rural land.

2?????????? Nambucca Shire Council will not support any action to interfere with the legitimate rural and agricultural use of land where the activity is in accordance with relevant legislation.

3?????????? When an inquiry is made by an intending rural land purchaser, the purchaser is advised that legitimate rural and agricultural uses of land may include:

??????????? Logging and milling of timber

??????????? Livestock feed lots

??????????? Piggeries/Poultry Farming

??????????? Dairies

??????????? Intensive livestock waste disposal systems and ponds

??????????? Clearing and cultivation of land

??????????? Bushfire hazard reduction burning

??????????? Construction of firebreaks

??????????? Construction of dams, drains and contour banks

??????????? Fencing

??????????? Use of agricultural machinery (tractors, chainsaws, motor- bikes, etc)

??????????? Pumping and irrigation

??????????? Weedicide spraying

??????????? Pesticide spraying

??????????? Aerial spraying

??????????? Animal husbandry practices (castration, dehorning, etc)

??????????? Driving livestock on roads

??????????? Silage production

??????????? Construction of access roads and tracks

??????????? Slashing and mowing vegetation

??????????? Planting of woodlots

??????????? Extractive Industries

??????????? Dehusking macadamia nuts

??????????? Stockyards

??????????? Traffic on unsealed rural roads

Such rural activities are likely to cause nuisance in respect of noise, smell, odours, dust, spray emissions, smoke, vibration, blasting, etc during all hours including early mornings and late evenings.

Intending purchasers of rural land who consider they may have difficulty in living with the above practices being carried out on adjacent or nearby land should seriously consider their position.

 

20/11/2008

This policy was reviewed in late 2008 and is reasonably current.? Retain


 

123

Rural Dwellings ? Illegal

 

To enable Council to provide accurate advice to and pursue appropriate action with property owners, occupiers and potential purchaser of illegally erected rural dwellings.

Policy statement

1?????????? That where illegal structures are identified by Council staff in the course of their duties, property owners/occupiers be advised that they will be unable to obtain development approval from Council to legalise such structures. Council staff will record details on their property statistics file and inform prospective purchasers through Section 149(5) Planning Certificates that such structure is illegally erected. Property owners/occupiers may apply to Council for a Building Certificate under Section 149D of the EP&A Act. After inspection of the property Council may issue a Building Certificate or may require certain work/s to be completed before such a Building Certificate would be issued.

2?????????? The Council may make an Order pursuant to number 2 in the Table to Section 121B of the EP&A (Amendment) Act 1979 to demolish or remove a building in three circumstances, being firstly, where the building was erected without prior development consent where prior development consent was required, secondly, where the building is or is likely to become a danger to the public, and thirdly, where the building is so dilapidated as to be prejudicial to its occupants or to persons or property in the neighbourhood.

3?????????? Property owners/occupiers of illegally erected dwellings be informed that Council will be unable to guarantee any improved services to their property because the dwelling was erected illegally and Council was not given any opportunity to assess and provide for the development by way of appropriate Section 94 Contributions and other suitable conditions.

 

16/07/2008

This seems to be a DELETED POLICY but no date as to when it went to Council for deletion.? Note says deferred on 16/7/2009.? The matters identified in the policy are covered by legislation.? Delete

124

Rural Properties ? Bond for Second Dwelling

To provide Council with a way of ensuring that only one dwelling is inhabitable on a rural property where only one dwelling entitlement exists.

Policy statement

Council will adopt the following approach when dealing with the approval of second dwellings on rural properties.

?When an application is submitted seeking Council?s approval for the erection of a dwelling-house, and that property contains an existing dwelling-house, Council will require the payment of a $1,100 bond (or as otherwise specified in Council?s adopted Fees and Charges) prior to the release of the Construction Certificate to ensure that the existing dwelling-house is demolished or rendered uninhabitable prior to occupation of the dwelling approved by the relevant consent. This policy shall apply to all existing dwellings, regardless of whether they were erected legally or illegally.?

 

16/07/2008

Policy reviewed recently.? Practice still in place.? Retain

125

Saleyards ? Sales in Conjunction

That sales in conjunction require that the local agent participating be licensed.

 

18/12/1997

Difficult for Council to enforce.? Policy can be retained pending a decision on the long term operating arrangements for the saleyards.? Retain

126

Section 94 ? Section 94 Contributions

Doc 26004/2007

To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

Policy Statement

PAYMENT OF CONTRIBUTIONS

The payment of contributions should be made at the following times:

1????????????? Development applications involving subdivisions

??????????? Prior to the release of the subdivision certificate.

2????????????? Development applications involving building work

??????????? Prior to the release of the occupation or interim occupation certificate.

3????????????? Development applications where no building work is involved

??????????? At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval.

DEFERMENT OR PERIODIC PAYMENTS

Council may choose to accept a deferred or periodic payment of contributions required as Section 94 or Section 64 Contribution Plans where the applicant can demonstrate that the circumstances of the case make the requirements of the above conditions for payment of contributions unreasonable.

In such a case the applicant must make a written request and satisfy Council in accordance with the following:

?????????????? There are valid reasons for deferral or periodic payments;

?????????????? No prejudice will be caused to the community deriving benefit from the infrastructure required by or benefit to the proposed development;

?????????????? No prejudice will be caused to the operation of the contribution plan/s;

?????????????? The provision of the infrastructure in accordance with the adopted works schedule will not be adversely affected.

An application for deferment based on progressive land sales is not considered an acceptable circumstance. An application for deferment for family reasons is not considered an acceptable circumstance.

Applications for deferment or periodic payments will be subject to the following conditions:

?????????????? Deferment or periodic payments will be limited to a maximum of twelve months;

?????????????? The applicant must agree to the contributions being increased by the CPI for the previous twelve months at the date of deferral;

?????????????? The applicant must agree to secure the contributions and CPI increase by providing a Bank Guarantee from an Australian Bank or appropriate Australian Financial Institution;

?????????????? The payment of contributions before the expiry of the deferred period will not result in an adjustment to the increase in the contributions by the CPI as stated in dot point two.

?????????????? The applicant will be charged an administrative fee based on the professional fees set in Council?s Revenue Policy;

?????????????? Periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

 

16/07/2008

Policy replaced in 2009 by the policy listed below ? Doc 8774/2009.? Delete

 

127

Section 94 ? Section 94 Contributions

8774/2009

To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

Policy Statement

PAYMENT OF CONTRIBUTIONS

The payment of contributions should be made at the following times:

Development applications involving subdivisions

?????????????? Prior to the release of the subdivision certificate.

Development applications involving building work

?????????????? Prior to the release of the occupation or interim occupation certificate

Development applications where no building work is involved

At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval.


DEFERMENT OR PERIODIC PAYMENTS

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than twenty four (24) months.? In such a case the applicant must make a written request.

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

1????????????? indexing will be calculated from the date the contribution was due until the date of payment;

2????????????? the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to twenty five (25) months interest plus any charges associated with establishing or operating the bank security;

3????????????? the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twenty four (24) months from the provision of the guarantee or completion of the work;

4????????????? the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development? consent or the carrying out? of development;

5????????????? the banks obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6????????????? where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

7????????????? the applicant will be charged an administrative fee based on the professional fees set in Council?s Revenue Policy;

8????????????? periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

 

16/04/2009

This is the updated and current policy.? Retain

 

Section 94 Contributions ? Abandoned for Demolished Dwellings

Section 94 contributions apply to rural dwellings that have been demolished or abandoned and not replaced for a period of 12 months or more unless satisfactory evidence is submitted by an applicant that it was always the intention to re-use or replace the dwelling within a reasonable period of time but due to unforeseen circumstances was unable to.

 

07/11/1996

This policy is still relevant to the application of Section 94.? Retain

128

Section 94 Contributions ? Deferment Policy for Subdivisions and Buildings Other than Dwelling Houses

That the following Contribution Deferment Policy be adopted:

A????????? SUBDIVISION CONSENTS

Contributions to be paid prior to release of linen plan or alternatively the applicant/owner may defer contributions by way of Bank Guarantee subject to the following:

i??????????? Nambucca Shire Council to be listed on the Bank Guarantee as the Principal;

ii?????????? Deferment for a period of six (6) months from the release of the linen plan.

iii?????????? Applicant/owner may apply for further six months extension if such extension can be justified. If extension is approved, contribution will be varied in accordance with changes in the Consumer Price Index and the Bank Guarantee varied accordingly. General Manager to have delegated authority to approve extension;

iv????????? No further extensions being permissible.


B????????? DEVELOPMENT CONSENTS FOR BUILDINGS (OTHER THAN RURAL DWELLINGS)

Contributions to be paid prior to release of building consent, or alternatively, the applicant/owner may defer contributions by way of Bank Guarantee subject to the following:

i??????????? Nambucca Shire Council to be listed on the Bank Guarantee as the Principal;

ii?????????? Deferment for a period of twelve (12) months from release of building application;

iii?????????? Applicant/owner may apply for further six (6) months' extension if such extension can be justified. If extension is approved, contribution will be varied in accordance with any changes in contribution rates as set by Council and the Bank Guarantee varied accordingly. General Manager to have delegated authority to approve extension;

iv????????? No further extensions permissible;

v?????????? Should building be occupied prior to termination of Bank Guarantee, the applicant/owner is to inform Council immediately and Council will draw the total amount of the Guarantee (pro-rata payment not accepted).

C????????? COUNCIL RETAIN ITS EXISTING DEFERMENT OF CONTRIBUTIONS POLICY FOR DWELLING HOUSES.

 

07/11/1996

This policy has been replaced by Doc 8774/2009 above.? Delete

129

Section 94 Contributions ? Farm Stay Holidays

That Farm Stay holidays on rural properties are not required to pay Section 94 contributions providing that the Farm Stay is provided within an existing home.

 

07/11/1996

This policy is still relevant to the application of Section 94.? Retain

130

Section 94 Contributions ? Public Reserve - Rural

1? That Council's public reserve contribution charges for the Villages of Warrell Creek, Donnellyville, Eungai Creek, Upper and Lower Taylors Arm remain in force.

2? That contribution charges apply only to second and subsequent dwelling on all "existing parcels" within the villages?the first dwelling house being exempt.

07/11/1996

This policy is still relevant to the application of Section 94.? Retain

131

Shire Property ? Land and Building ? Baby change Facilities

To ensure that adequate facilities exist in public areas for the changing of baby clothing.

Policy statement

All new public amenities buildings are to incorporate a baby change facility.

 

16/01/2006

There are many considerations in the construction or refurbishment of amenities with facilities to change baby?s clothing or nappies being one.? Vandalism and cost are two other considerations.? Besides the fact that Council is mainly refurbishing existing amenities, the requirement should not be mandated regardless of circumstances, eg the proposed new public amenities for Anderson Park at Valla Beach do not contain a baby change facility.? Delete

132

Shire Property ? Land and Building ? Council Residential Estate Sales

The sale of land will be handled by Real Estate Agents and Council staff.

 

19/01/2006

Not sure who else would handle land sales.? Delete

134

Shire Property ? Land and Building ? Industrial Land Sales

The discounting of industrial land sales shall be considered by Council on the merits of each case.

 

19/01/2006

Land sales are invariably negotiated.? Where the land sale may result in new employment generating industry which has economic benefits to the area, Council may be more negotiable on price.? This will occur and doesn?t require a policy.? Delete

135

Shire Property ? Land and Building ? Land Tax and application to Council Leases

That prospective Lessees of Council property be advised that they may be liable for land tax.

 

19/01/2006

The policy arose out of a workshop the then Shire Clerk attended in 1992.? The particular concern was the Headland Caravan Park which Council no longer has responsibility for.? Delete


 

136

Shire Property ? Use of Council Facilities

The use of Council owned facilities will not be permitted by any group or individual liable for outstanding fees and charges until all costs of any previous hiring have been paid in full.

 

19/01/2006

The original policy dates from 1997 and presumably was prompted by an incident, although the policy has no background information.? It is obviously prudent debt management but it is obviously a matter for the various Committees of Management. ?Delete

137

Street Lighting ? Public Roads

To define Council?s requirements regarding the provision of new street lighting on public roads within the Nambucca Local Government area having consideration for the safety and security of the community and improved environmental performance.

Policy statement

Urban Areas

1????????????? All street lighting provided on public roads shall be designed in compliance with the specifications outlined in the relevant Australian Standard for public lighting AS 1158.

2????????????? The lighting category applicable to the roadway for which new street lighting is being provided shall be that nominated by Council?s representative in accordance with the requirements of the relevant Australian Standard for public lighting AS 1158.

3????????????? All new street lighting provided on public roads shall be standard structures and components in compliance with the relevant Australian Standard for public lighting AS 1158.

4a??????????? For street lighting associated with new residential, commercial and industrial subdivisions, the street lighting is to become operational when the public roads are created and opened to the public or if the electricity reticulation is installed after the public roads are created and opened then the street lighting shall become operational as soon as installation has been completed by the electricity distributor.

??????????????? Council may use its discretion and request the electricity distributor not to energise the street lighting upon the installation of the cabling and poles, dependent upon the exact details of each location.? As a guide, a six month delay (or the construction of a significant number of houses before six months has expired) is an acceptable period of time before energising the street lighting.

4b??????????? In all new subdivisions where street lighting is required the developer is required to install low energy use 42 watt CF Suburban Eco lamps or 70 watt High Pressure Sodium (HPS) lamps when the ECO lamp is not feasible.

5????????????? All street lighting on public roads within Council?s area will be owned and maintained by Country Energy (local electricity distributor), who will also be responsible for the after hours emergency call-out for the same.

6????????????? Council may require the installation of additional and higher standard street lighting within public roads in addition to the requirements of the relevant Australian Standard for public lighting AS 1158.? Traffic facilities, such as thresholds, roundabouts and pedestrian crossings are examples where this may occur.? The requirement for street lighting in addition to the Standard will be determined after consideration of the details for each individual location.

Rural and Rural Residential Areas

Street lighting will not be required in rural residential areas or rural areas but the developer may choose to install street lighting.

 

15/04/2010

Recently reviewed.? Retain

138

Streets Road Naming ? Road and Street Names Selection

To advise of the requirements regarding the naming of roads within the Nambucca Shire Local Government area.

The naming of roads is an integral part of the addressing system both rural and urban therefore within a locality, and preferably within a local government area, unique names shall be allocated to all roads used to access address sites.? For uniformity and uniqueness and to facilitate location, significant private roads, rights of way and roads under the control of other authorities should also be named.

Policy statement

1?????????? Types of Roads Requiring Naming

???????????? There are four types of road that require naming:

a?????????? dedicated public road

b?????????? proposed public road (new subdivisions)

c?????????? rights of carriageway servicing multiple lots

d?????????? Crown reserve roads

2?????????? Procedures for Naming of Each

a?????????? Dedicated Public Road

???????????? A dedicated public road to follow the process outlined in the Roads (General) Regulation 2008.

???????????? A written application together with a plan of the proposed road/s should be lodged with Council for approval.

b????????? Proposed Public Road (New Subdivisions)

???????????? Where a new road is proposed in a subdivision of land, the developer or his/her agent must make application to Council for the names to be approved in accordance with road and street names selection criteria.

???????????? Prior to the release by Council of the subdivision plan the proposed name shall be advertised in the local press for a minimum of 21 days for objections.

c?????????? Rights of Carriageway Servicing Multiple Lots

???????????? The proposed name shall be advertised in the local press for a minimum of 21 days for objections.

d?????????? Crown Reserve Roads

???????????? The proposed name shall be advertised in the local press for a minimum of 21 days for objections and the road authority (Department of Lands) being requested to comment.

3?????????? Approval

???????????? If no written objections are received then the General Manager has authority to grant final approval to the use of the name.

???????????? If objections are received then a report will be prepared for Councils determination.

4?????????? Road and Street Names Selection Criteria

a?????????? These should be appropriate to the physical, historical or cultural character of the area concerned.

b?????????? Duplication of names within the urban area is not permitted.? This includes the Naming/Renaming of unnamed roads and also the naming of new roads in a subdivision.? Duplication between towns should also be avoided.

c?????????? Proposals for names shall be required to indicate whether the name or names are of Aboriginal origin and such names only being acceptable subject to consultation and concurrence with the relevant Local Aboriginal Local Land Council. This includes the three Local Land Councils of Nambucca Heads, Bowraville and Unkya.

d?????????? Names with an historical background acceptable.

e?????????? Thematic names (with a theme) such as flora, nautical, etc are acceptable.

f?????????? Euphonious names (pleasant sounding) should, as far as possible, be used.

g?????????? First and Second name contributions should be avoided, with such an honour being reserved for persons of great eminence only.

h?????????? Company or commercialised names should not be used.

i??????????? Unduly long and cumbersome or difficult to pronounce names should be avoided.

j??????????? The changing of long established road names is generally not preferred, except where necessary to avoid ambiguity or duplication.

k?????????? Where names have been changed or corrupted by long established local usage, it is not usually advisable to attempt to restore the original form.? That spelling which is sanctioned by general usage should be adopted.

l??????????? If considered appropriate, the names of eminent persons now deceased may be perpetuated, particularly those of early explorers, settlers, naturalists, etc.

m????????? The use of hyphens and apostrophes should be avoided.

n?????????? The use of the cardinal points of the compass as a prefix or suffix to a road should not be used.

Names considered likely to give offence, are racist or discriminatory, shall not be used.

15/07/2004

Policy used on a regular basis.? Retain

139

Streets roads Numbering ? Rural and Urban Addressing

To advise of the process regarding the allocation of numbers for both urban and rural addressing.

Policy statement

A?????????? The objective of urban addressing is to provide clear and unambiguous information to users in order to assist them in reaching their desired destination within an urban setting. (AS/NZS 4819:2003)

???????????? Where there are groups of individual residences on a single allotment eg units in a single or multi-story complex, community title, relocatable home park, or retirement village the following elements are essential parts of the address.

???????????? a????????? Sub-dwelling (flat/unit) number or identifier

???????????? b????????? Address site name (or name for the complex)

???????????? c????????? single urban address number or urban address number range

???????????? d????????? Road Name

???????????? e????????? Locality

???????????? f?????????? State/territory

???????????? example??????????? Unit 6

???????????? Retirement Village

???????????? 10-14

???????????? Retired Road

???????????? RESTVILLE? NSW

B????????? The objective of rural addressing to provide clear and unambiguous information to users in order to assist them in reaching their desired destination with a rural setting.? (AS/NZS 4819:2003)

???????????? Private Roads, Access Ways, Rights of Way and the like.

???????????? The situation may arise where rights of way, cluster developments private roads or similar forms of access will give entry to a number of independent address sites.

???????????? Each address shall be addressed to the private access way.? This suits longer roads where there are 3 or more address sites.? The ?private road? shall be named, signposted and recorded on Councils maps.

20/04/2006

Policy used on a regular basis.? Retain


 

140

Sustainable Fleet and Plant

The policy is designed to achieve the following objectives:

???? Encourage the procurement of smaller, cleaner and less polluting vehicles

???? Reduce fuel consumption and greenhouse gas emissions

???? Save both vehicle purchase and running costs

???? Utilise renewable energy sources such as biodiesel where it is available and compatible with engine warranty

Policy statement

1????????????? The NSW Government strategy for achieving environmental performance score targets for fleet operations be adopted for Council?s vehicle fleet and that Council?s policy be adjusted in accordance with any changes in the NSW Government Strategy that my occur over time.

2????????????? That an ?environment performance score? of 12/20 be required for every passenger vehicle and 9.5/20 for utilities in accordance with the NSW Government Strategy and the scoring shown in www.greenvehicleguide.gov.au.? The score requirement is to be revised in accordance with the applicable State Government strategy.

3 ???????????? Council set a cap on the cost of vehicles being a base price of $30,000 excluding GST as at 1 July 2007 and to be subject to annual CPI indexing.

4????????????? The purchase of motor vehicles be determined by the Manager Civil Works subject to the following considerations:

???? whether funding is available in the Council?s plant reserve

???? whether a motor vehicle has been allocated for the position

???? the motor vehicle must meet the environmental performance score of 12/20 for passenger vehicles and 9.5/20 for utilities or the applicable score set down by the State Government at the time

???? the capital cost of the motor vehicle (which must at least be less than the cap set in accordance with item 3)

???? the environmental performance of the vehicle

???? the vehicle?s likely trade in performance

???? the likely fringe benefits tax liability

?????? The motor vehicle is to achieve a minimum 4 star safety rating.

5?????????? Subject to availability and engine warranty requirements, a biodiesel blend be used for all diesel engines.

20/03/2008

Recent policy which is being implemented.? Will need to be adjusted over time as the real cost of fuel increases, but does not require amendment at this time.? Retain


 

141

Tourism ? Filming ? Permit to Film in Council?s Area

That Council is always supportive and cooperative in relation to filming exercises subject to the conditions set out below:

1????????????? film makers to complete an application for use of public land including roads, reserves etc. (this is the normal requirement on Council? part so there is nothing difficult or new proposed here)

2????????????? film makers to produce proof of public liability insurance coverage

3????????????? the removal of rubbish, toilet facilities etc. are fully addressed in item form in the application forms referred at (1) above

4????????????? that in the hope of encouraging such activity, there be no fee imposed by Council other than the necessary application fees in regard to the forms referred to at (1) above

5?????????? any vehicles used for filming on beaches will be required to comply with Council?s Vehicles on Beaches Policy.

12/12/2005

Retain

142

Tree Maintenance and Removal Application

To provide a procedure that enables a request and application to be made for the maintenance or removal of a tree or trees on public land.

Policy statement

Requests for maintenance or removal of trees on public land must be made in writing.? The application must address the perceived problem and identify the location.

The situation will be addressed along the lines of:-

???? Risk of personal injury posed by the tree

???? Risk of damage to buildings, structures or services

???? The trees health, growth habit, stability and structural soundness

???? The significance of the tree

???? The role of the tree to the surrounding landscape (including cumulative impact of tree removal)

The assessment will then lead to one of the following outcomes:-

???? Refusal

???? Agree to maintenance

???? Agree to removal

???? Agree to remove and seek a financial contribution

???? Approve work by applicant at their total cost provided a qualified contractor is used.

(NB:? The adjacent neighbours will be advised when removal is approved.)

The following reasons start with the highest acceptable priority down to the lowest.

1?????????? Branch overhangs private property and represents a risk.


2?????????? A tree in poor condition with cavities in the trunk.

3?????????? A tree in ill health from natural causes.

4????????????? A tree with poor structure resulting from problems during growth such as multi trunks that make it inherently weaker.

5????????????? Large trees on public property that is prone to drop branches and represents a risk.

6?????????? Leaves in roof guttering and on property.

7?????????? ?Dirty? tree.

8?????????? Shading of house or yard.

9????????????? Existing tree blocks access to a new development (eg driveway into new building).

10???????? Blocks the view (Full cost to applicant, current policy).

11???????? Interferes with television reception.

Council will need the concurrence of the Department of Lands for trees on Crown Land.

The standard application form is to be used and supplemented by photographs.? A sample application form is attached.? This will be assessed and determined by staff.

The General Manager has delegated authority as follows:

Authorise the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council's utilities or adjoining private property.

Trees that do not fit into this category are referred to Council.

 

15/07/2010

Recently reviewed.? Retain

143

Tree Vandalism

To define Councils response to the act of deliberate damage to trees on public land.

Policy statement

That when trees on public land are found to be cut down or dying the following steps are to be taken:

???? Investigate and determine if the tree has been deliberately cut down, damaged by poison or ringbarking.

???? Deliberate acts are to be further investigated by seeking information by letter from neighbours and those living in close proximity and advising of the reward.

???? Where possible, vandalised/poisoned vegetation to remain in place until such time as a risk develops from falling limbs.

????? Replacement planting be undertaken with appropriate species in the event of the tree or vegetation being cut down or removed.

???? That a sign or banner up to 900 x 2000 mm (size and position to be determined by staff) be placed on the tree or site of the vandalism with the sign to advise of the offer of reward . The banner is to remain in place for a minimum of 12 months from the date it was erected.

???? That a reward of $5,000 for information leading to a conviction be advertised.

 

15/04/2010

Recently reviewed.? Retain

144

Trees ? Street Tree Guidelines

Guidelines see 7848/2010

 

14/04/2010

Recently reviewed.? Retain


 

145

Trees ? Tree Preservation Orders and Liability

Council does not inspect the health of trees on private property.

Council is responsible for trees growing on parks and reserves under Council's care, control and management?even where a Committee of Management has been appointed by Council.

Policy statement

The Local Government and Shires Associations advise that all council should be aware of the duty of care expected when making Tree Preservation Orders (TPO).

This results from a decision handed down from the Court of Appeal in the matter of Tims versus Shoalhaven City Council.

Mr Tims was killed when a tree fell on the house in which he was sleeping during a storm.? The tree had been declared safe after two visual inspections by a council officer and a TPO being placed on the tree.

The Court decided that a council or its officers are not bound to express an opinion about whether a tree is dangerous?but when a council accepts this responsibility a visual inspection by a Council officer imposes a restriction on the scope of the inspection and will not fulfil the duty of care obligations on the Council.

Because of the inspection, the standard of care required will be higher than that of a layman and the sufficient level of expertise professed by the council officer will require them to make a reasonably informed diagnosis or to admit the need for referral to an expert.

It must be remembered that a person can seek their own expert advice on the health of a tree and if that advice is that the tree is dangerous, it can be removed without Council consent as the removal of a dangerous trees is a defence against a TPO.

 

06/05/2004

The policy concerns an issue which arose out of a Court of Appeal decision concerning a TPO matter at Shoalhaven City Council.? As Council does not have a TPO it is recommended that the policy be deleted.? It is also queried whether Council policies should be attempting to interpret common law.? Delete

146

Trees ? Trees in Parks, Streets and Street Gardens

It is Council?s intention to control only public trees with consideration to costs and traffic safety.

Policy statement

1?????????? Tree Preservation Order

???????????? Council does not have a Tree Preservation Order/

2?????????? Removal or Pruning of Trees

??????????????? Applicants seeking the removal or pruning of trees within roads and reserves for the reason of enhancing views will be required to pay the full cost.

??????????????? This is conditional on Council agreeing to such action and that any Government Acts can be complied with.? Examples of this include trees near waterways and on steep slopes.

3????????????? Garden Encroachment

??????????????? No garden is allowed within 1.5 metres of the kerb face without Council?s written consent; vegetation in the zone from 1.5 metres to the property boundary shall not obstruct vision for motorists and pedestrians.? Excluded from this policy are street planter boxes and landscaped traffic medians installed for or by Council.

 

03/06/2004

The policy is relevant and continues to be applied.? Retain

147

Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations? (2009/2010)

 

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

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

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

??? To maintain streetscape amenity and minimise visual clutter.

 

21/01/2010

This policy is 17 pages long.? It has been recently reviewed.? Retain

148

Valuations ? Planning Instruments ? Review of Valuations

The Valuer General?s Department be requested in writing to revalue property on gazettal of all future Local Environmental Plans made by Council and any other planning instrument.

 

15/12/2005

The Valuer General has been made aware of the gazettal of Council?s new shire wide LEP.? Whilst this is appropriate it is not agreed that Council should be requesting a revaluation ? this is properly a matter for the Valuer General.? Delete

149

Waste Collection Services ? Availability Conditions

To define the compulsory waste collection area, the means of exemption, and modifications to the routes.

 

15/01/2009.

This policy which defines waste collection routes and exemptions has had on-going review and is used by Council staff on a regular basis to determine liability for a waste collection service.? Retain

150

Water Accounts ? General ? dialysis Patients Free Water Allowance

To provide financial assistance to dialysis patients in regard to the water used by their dialysis machines.

Policy statement

On receipt of an application, a free water allowance of up to 100 kl per year be granted to patients on home dialysis machines.

The applicant shall provide suitable medical certificate that the treatment has been undertaken.

 

15/07/2010

This policy dates from 1996.? It is unknown how many residents use home dialysis machines, but Council?s Finance Officer ? Water advises that one person has regularly obtained the water allowance.? Retain

151

Water Accounts ? General ? Water Charges ? Faulty meters

To ensure an equitable and consistent procedure for determining water usage charge for properties with faulty water meters.

Policy statement

1????????????? This policy will apply to all properties with water meters that have malfunctioned during a water usage charge period.

2????????????? The water usage account will be determined by estimating the consumption for the period.

3????????????? The water consumption will be estimated based on the average daily usage for the three previous years for the same consumption period.

4????????????? If the water supply has been connected for less that three equivalent periods the estimate will be based on the number of periods available.

5????????????? If any of the three periods has an extraordinarily high or low consumption, that period is to be substituted with the fourth period.

6????????????? If the estimated consumption is less than the consumption recorded up to the malfunction, the final meter reading will be used to calculate the account for the period

 

15/12/2005

Policy continues to be applied.? Retain


 

152

Water Carters

To ensure vehicles and equipment used for the transportation and supply of potable water, comply with relevant standards and legislation.

Policy statement

That Council adopt the NSW Health Guidelines for Water Carters dated 12 December 2002 as policy with amendments to Section 3 as detailed below.

 

16/07/2008

The policy dates from early 2003 (end of drought) and sets out health standards for water carters.? Policy is still relevant.? Retain

153

Water Supply ? Reimbursement for Water Saving Devices

To reduce the consumption of treated water by providing incentives for residents to replace conventional water fittings with water saving devices.

Policy statement

1????????????? A reimbursement shall be issued to residents who replace existing conventional fittings with the following water saving devices:

2?????????? Maximum Reimbursement

v?? Low flow shower head (AAA Standard)............................................. $25.00 each

v?? Dual flush toilet Cistern......... $30.00 each

3?????????? Reimbursement shall be on the basis of:

a)???? Maximum of two (2) each per household

b)???? A receipt showing the purchase of the replacement units to be supplied to Council

c)???? The replaced units to be delivered to Council?s Depot for disposal

d)???? Replacement units only, not new installations

e)???? Commercial tourist operations reimbursed at the same rate per device.

2????????????? Policy to take effect on units which are replaced after 21 November 2002.

3?????????? All taps in showers, amenities blocks etc. at all of Council?s reserves and parks should be spring loaded as a water conservation move. (Questions Without Notice Cr Duffus 17/01/02)

15/12/2005

The policy again originates from late 2002 (drought).? It continues to be relevant.? Retain

 

154

Water Supply ? Rural connections to the Water Supply

To ensure that when properties have access to a secure water supply.

Policy statement

No further rural properties or subdivisions are to be connected to water supply network to ensure that urban properties are not disadvantaged and the security of supply placed at risk.

 

05/06/1997

This policy needs to be maintained at least until the completion of a water supply which provides drought security for existing connections.? Retain


 

155

Water Supply ? Water Services Connections

To ensure that the water supply is not contaminated.

Policy statement

The following conditions apply as part of the approval process to being allowed to access the water supply network.

1????????????? Water service will be provided upon submission of a completed Water Service Application Form and payment of any necessary fees, eg contributions for headworks augmentation, upgrade of existing service for duplex, flats etc, cost of proposed service.

2????????????? Council cannot process the application unless proof of ownership is established.? In the case of title transfers, a Solicitor?s letter of confirmation of impending transfer will suffice.

3?????????? The standard connection to a single domestic dwelling is as follows:

???????????? Main tapping?????????????????????????????????????????? ???????????? 25mm

???????????? Main to boundary service?????????????????????? ???????????? 25mm

???????????? Meter valve, meter, dual check valve???? ???????????? 20mm

Note:? The 25mm main to boundary is sized to allow for any future dual occupancy.

??????????????? Where one tapping and service line supplies two separate domestic allotments the sizing shall be as follows:

???????????? Main tapping?????????????????????????????????????????? ???????????? 25mm

???????????? Main to boundary service?????????????????????? ???????????? 40mm

???????????? Manifold????????????????????????????????????????????????? ???????????? 25mm

4????????????? Connections to all other developments such as residential flats, industrial and commercial developments shall be sized in accordance with the New South Wales Code of Practice - Water Supply Section 5 and the National Plumbing and Drainage Code Part 1 - Water Supply AS 3500.1 - 1990.

5????????????? Where no service exists, Council will provide, free of charge, a single domestic water supply service to any allotment that has been levied the water supply rate provided at least one full water rate has been collected AND that such water rates are not in arrears.? Where a larger than single domestic service is required, to suit a particular development on such an allotment, then the additional cost shall be met by the applicant.

6????????????? Applications for larger non standard connections will be considered on merit having regard for the ability of the reticulation system to provide the greater flows associated with larger services.

7????????????? In accordance with AS 3500.1 all connections will have fitted an appropriate backflow prevention device immediately adjacent the meter on the consumer?s side.? Domestic backflow prevention devices, ie dual check valves up to 50mm will remain the property of Council and will be maintained and/or replaced as necessary by Council.? Larger diameter and/or more sophisticated devices, eg reduced pressure zone, will remain the property of the consumer and shall be inspected and maintained in accordance with AS 3500.1.

8????????????? All new connections and upgrading of existing services, apart from those under Clause 5 of this policy, will be at full cost to the applicant and shall be paid for in advance.

9????????????? The cost of a standard connection to a single domestic dwelling where a service line of not more than 20m is required will be set out in Council?s Fees and Charges.? For the year 1997 the fee is $525.

10??????????? Wherever possible the water meter(s) will be located within the applicant?s property, however where a meter is placed on public property or other privately owned property, an approved meter box will be provided at the applicant?s cost.

11??????????? Council will endeavour to connect the service in a location mutually convenient, however in some circumstances, particularly in new subdivision roads, locations of services are pre-determined by under-road conduits.? Applicants may, if they wish, place a peg inside the boundary marked ?water? in the desired meter location.

12??????????? Multiple meters may be provided for up to four separate dwellings on one allotment.? Developers are encouraged to take advantage of multiple metering, particularly for proposed or potential strata titled dwellings.

13??????????? Where more than four dwelling units are proposed on one allotment, a bulk meter is to be provided.? Under these circumstances Council will account to the Body Corporate or registered proprietor.

14??????????? Where more than one meter is provided to a single assessment, eg < 4 non strata units or a rural property, one water rate will be levied and one water allocation applied.? That is, the readings of all meters will be added and combined in one account showing a total consumption.

 

15??????????? It is the property owner?s responsibility to ensure the meter is adequately protected as the cost of any repairs to Council?s meter or associated equipment is recoverable from the property owner.

16??????????? Where a development requires a fire service to be provided it shall be metered.? The standard arrangement consists of a large diameter fire service meter and backflow device with small bypass meter and a backflow device.? Domestic take-off is located on the consumer side of the bypass pipework and must have a separate valve that enables isolation of the domestic supply without affecting the fire service.

17???????? In areas of low water reticulation pressure where private pressure systems are employed, under no circumstances shall a pressure pump be directly connected with the public water supply.? A break pressure tank must be installed on the private property with an ?over the top? feed and suitable air gap.

15/12/2005

The policy sets out Council?s standards for water connections.? Retain

The End

?


General Purpose Committee

15 September 2010

General Manager's Report

ITEM 8.3????? SF182????????????? 150910???????? Nambucca Water Supply - Investigation of Dam Options on the Nambucca River at League Creek and Gravelly Creek

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager; Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council at the General Purpose Committee Meeting of 18 August considered a report into the options of alternative water storage dams on League Creek and Gravelly Creek when it resolved as follows:

 

1??????? That Council note the content of the report from NSW Public Works.

 

2??????? That NSW Public Works be requested to finalise the report with justification to be provided for the preferred delivery of water to the Bowraville Water Headworks by pipeline rather than by the Nambucca River.

 

3??????? That Council take no further action in relation to the Gravelly Creek dam site.

 

4??????? That the NSW Public Works be requested to indicate whether they have any evidence a fish ladder would be required.

 

Council subsequently wrote to NSW Public Works on 26 August 2010.

 

NSW Public Works have responded and the amended Report is circulated to Councillors.

 

 

Recommendation:

 

1??????? That Council take no further action in relation to a potential on stream dam

 

2??????? That Council note the response from the NSW Public Works in regard to the preferred delivery of water via a pipeline and the requirement of a fish ladder.

 

3??????? That Council receive the amended report from the NSW Public Works Nambucca Water Supply ? Investigation of On-Stream Water Storages

 

 

OPTIONS:

 

Council has the options of:

 

?????????????? advertising the report for public comment

?????????????? resolving not to take any further action in relation to a potential on stream dam

?????????????? simply receiving the amended final report.

 

 

DISCUSSION:

 

Council has considered two comprehensive reports in regard to on-stream storage for the Nambucca Water Supply.

 

Council at the General Purpose Committee Meeting of 18 August resolved to request the NSW Public Works to further address two matters namely "justification to be provided for the preferred delivery of water to the Bowraville Water Headworks by pipeline rather than by the Nambucca River and whether the NSW Public Works have any evidence a fish ladder would be required".

 

NSW Public Works have responded as follows:

 

Please find attached our final report for Nambucca Water Supply, Investigation of On-Stream Water Storages (Report No. DC10092). The report addresses comments on the draft report in Council's letter dated 26th August 2010.

 

Two issues from Council's letter:

 

1. The report now includes additional discussion on the preferred method of delivering water from the dam.

 

2. Regarding fishway costs, they have been derived from previous similar exercises. The latest example is Tallowa Dam (NSW South Coast) where it was a requirement from NSW Fisheries and NSW Office of Water that a fishway structure be incorporated within the upgrading construction works. An elevator arrangement was designed, tested and installed and the cost indicated in this report is reflective of costs associated with the work at Tallowa. It is our experience that fishways are required by NSW authorities on all new weirs and dams. It is a general requirement. Of course, each project will need to be negotiated with Fisheries individually based on the merits or not of providing such a structure during the investigation and concept design stages. We have undertaken these types of discussions frequently within the last few years. Based on our previous experience, we have simply assumed that such requirements would extend to any new dam at Nambucca.

 

A copy of the amended Report is circulated to Councillors.

 

CONSULTATION:

 

NSW Public Works

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The report indicates the significant environmental risks with an on stream dam.

 

Social

An on stream dam proposal will have significant social impacts. During the investigation period, property owners will be hindered by not knowing whether they should invest in their properties. Similarly they may have difficulty selling their properties. If Council is to continue investigating an on stream dam it will be under pressure to quickly acquire private property to overcome this uncertainty.

 

Economic

There will be the loss of productive forestry and farming land with either an on or off stream dam.

 

Risk

The level of risk involved with an on stream dam is significantly greater than an off stream dam. The level of risk is considered to be too great for a water utility the size of Nambucca Shire Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The report cost $20,000.

 

Source of fund and any variance to working funds

The cost is being met from water working funds.

 

 

Attachments:

There are no attachments for this report. ?


General Purpose Committee

15 September 2010

General Manager's Report

ITEM 8.4????? RF400????????????? 150910???????? Section 94 Developer Contributions - Smiths Lane Local Roads and Traffic Contribution Plan 2010

 

AUTHOR/ENQUIRIES:???? Bruce Potts, Section 94 Co-ordinator; Faye Hawthorne, Accountant; Craig Doolan, Manager Financial Services ????????

 

Summary:

 

 

At Council?s Meeting of 15th July this year it was resolved to place the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 on public exhibition.

 

The public exhibition period has now closed and two (2) submissions have been received concerning the contribution plan

 

This Report provides details of the public exhibition and the amendments made to the Draft plan in response

 

 

Recommendation:

 

1????????? That Council note that a submission has been made seeking approval to increase the cap for contributions for this plan to a maximum of $30,000

 

2????????? That Council adopt the Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 with amendments as detailed in this Report

 

 

 

OPTIONS:

Council may choose not to adopt the Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010.? This may ultimately see the need for Council to fund future traffic management measures or limit future development in order to maintain acceptable traffic impacts.

 

 

DISCUSSION:

The Draft Smiths Lane Local Roads and Traffic Infrastructure Developer Contribution Plan 2010 public exhibition period closed on 25th August 2010 and resulted in two (2) submissions being received.

 

These are detailed as follows.

 

1? Submission from PM and AM Turnbull

Sought confirmation that the contribution catchment area referred to in the contribution plan is part of the R5 Zoning referred to in the new Nambucca Shire LEP 2010

 

Response

Advice received from Council?s Strategic Planner indicates the contribution catchment plan is generally the same, however the southern portion can be amended to be consistent with the zone over PM and AM Turnbull?s land. Land on the southern side of this property has not been zoned in the final plan. It is unlikely land not zoned R5 would be further subdivided and hence the contributions would be unlikely to apply.

 

2? Submission from Mr Trent Wink

Sought confirmation that part of Smiths Lane corridor omitted from the catchment plan would be included in the final plan.

 

Response

The omission is a mapping error and will be corrected in the final plan.

 

Recognition of the $20,000 per lot contribution cap to be included in the final plan

 

Response

Council is currently seeking to vary the contribution cap to a ceiling of $30,000 per lot. In the event the increase is approved a clause to that effect will be included in the final contribution plan.

 

 

Request to review lot yields over the Smiths Lane catchment as the existing estimate of 30 lots is considered low.

 

Response

Advice from Councils Strategic Planner suggests that the current estimated lot yield of 30 lots is about right in the context of the current zoning. It is possible that additional lots may be created, however this would be subject to a comprehensive planning study being undertaken.

 

Request to review cost estimate of road construction

 

Response

Original advice provided by Councils Director of Engineering Services estimated the raw construction cost at $624,000. Project contingency cost including project management, design and contract administration is estimated at $78,000, giving a total project cost of $702,000.

 

It is considered that the estimate of cost provided in the contribution plan is accurate in the current market.

 

Conclusion

 

The Smiths Lane Local Roads and Traffic Infrastructure Contribution Plan is an equitable means by which new road infrastructure can be provided to service new release areas. The actual cost to upgrade Smiths Lane to a standard suitable to meet end demand is $22,464 per lot. Under the s94E Direction issued 4th June 2010 Councils are required to cap the per lot contribution at $20,000. Under this Direction Council is disenfranchised by $2,464.00 per lot equating to 11% of the cost of road construction, which is to be borne by the general community.

 

Additionally, under this Direction Council is unable to demand contributions payable under the Nambucca Shire Community Facilities and Open Space Contribution Plan 2008

 

Council has been invited by the Department of Planning to apply for the contributions cap to be raised to $30,000 under correspondence received from the Deputy Director General, Strategies and Land Release on 31st August 2010. In the event approval is received to increase the cap to $30,000 Council will be in the position to charge the full contribution rate on both contribution plans affecting the release area.

 

 

CONSULTATION:

 

This section 94 contribution plan was prepared and reviewed in consultation with Council officers from the Environmental Planning, Engineering Services and Corporate Services directorates. The plan was subject to internal review and agreement on format and content prior to issue. The contribution plan has been placed on public exhibition and the details of the process are detailed in this Report

 

 

SUSTAINABILITY ASSESSMENT:

 

Section 94 Plans form an important strategic planning tool for Council and as such provide longer term sustainability of infrastructure and facility delivery.

 

FINANCIAL IMPLICATIONS:

 

Section 94 developer contributions represent a significant income stream for Council in assisting with the provision of new road infrastructure, where that infrastructure is required as a result of new development demands. The provision of the road infrastructure detailed in this plan relies on developer contributions to fund the works program. However Council may determine such works are required beforehand. As such, the roadworks may need to be funded by either Council sourcing money from general revenue or taking out a loan to fund the works and recouped under the section 94 plan.

 

 

 

Attachments:

There are no attachments for this report.


General Purpose Committee

15 September 2010

General Manager's Report

ITEM 8.5????? LF3474???????????? 150910???????? Request to Acquire Road Reservation (Embankment) in front of 17-19 Bowra Street, Nambucca Heads

 

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

 

Summary:

 

Council has received a request from the owner of no?s 17-19 Bowra Street, Nambucca Heads to acquire a section of road reservation at the front of the property.? The section of road has an area of approximately 260 square metres and consists of a steep embankment.

 

Whilst it is open to Council to proceed to close the road by advertising its intent and notifying adjoining owners, the preference is that this be undertaken in conjunction with a development application for the redevelopment of 17-19 Bowra Street.? This would allow the adjoining owners and the public to properly consider the proposed use of the section of road and would provide Council with more control and a better negotiating position than if it were to close the section of road and sell it now.

 

 

Recommendation:

 

1??????? That Council advise the owner of No?s 17-19 Bowra Street that it would consider the closing and transferring the adjoining section of road reservation in conjunction with a development application for the redevelopment of all of the land.

 

2??????? That Council undertake works to stabilise the embankment with landscaping and/or geotextile, the final design to be determined by Council?s Engineering Designer.

 

3??????? That Council make a contribution of $800 towards the replacement of the boundary fence at No 17 Bowra Street.

 

 

OPTIONS:

 

If Council accepts the proposal from the owner of 17-19 Bowra Street that the ownership of the embankment and the drainage problems are linked, and wishes to close the road and transfer it, then any transfer of the land should be conditional upon the stabilisation of the embankment and the design and installation of a piped drainage easement to a pit in Woods Lane being undertaken before settlement.

 

 

DISCUSSION:

 

Council has received a request (circularised document) from the property owner of 17-19 Bowra Street, Nambucca Heads to acquire the section of road reservation between the property boundary and the footpath which sits on top of an embankment.

 

The request states:

 

?I am writing in regard to the embankment between my properties at numbers 17 and 19 Bowra Street, Nambucca Heads and the Bowra Street footpath.

 

Following our conversation yesterday, I would like to make a submission to council to acquire this land.

 

As you are aware, the embankment has long been a problem for both of us.? There is insufficient drainage to stop water rushing through my property at number 17, and mud from the embankment flows onto the footpath when it rains.

 

There appears to be no cost effective way of remedying the drainage situation (see attached letter from Mr Richard Spain, Acting Director Engineering Services, June 2008) and maintenance of the embankment has been hindered by its steepness.

 

As any future development will need to be integrated with this area, it seems sensible to formally amalgamate this area with my land, and at the same time solve the other problems that I have mentioned.

 

You may recall I submitted a preliminary concept through my architect Mr Alan Rudge in May 2008 to create a more attractive and practical area.?

 

Whilst the letter seeks to link the drainage issues at no. 17 Bowra Street and the acquisition of a section of road reservation to facilitate the redevelopment of the properties, they are separate matters.? The acquisition of the land will not of itself provide for a piped drainage easement along the south eastern boundary of no. 17 and then through no. 6 Woods Lane.? As a consequence, the following deals with each matter separately.

 

Closure and Acquisition of a Section of Road Reservation

 

The section of road reservation in question is shown on the circularised aerial photo/cadastre overlay. ?It has an area of 260 square metres and based on 2007 land values has a value of about $178 per square metre or $46,000.? It has no practical value for vehicle and pedestrian access and in terms of reinforcing the commercial main street with continuous and active shop frontages it would be preferable for the land to be redeveloped along with the adjoining land 17-19 Bowra Street.? This would allow the shop frontages to be brought up to a level at or closer to the top footpath.

 

The height limit for the adjoining sites 17-19 Bowra Street under the new Nambucca Local Environmental Plan 2010 is 14 metres.? Previous concepts for the redevelopment of the sites which were proposed as a submission to the DCP proposed a maximum building height which was lower than 14 metres except for marginal exceedances of less than 10% before the proposed building stepped down a level towards the rear of the site.? However these concepts were not placed on public exhibition nor have they been subject to detailed scrutiny.

 

Whilst it is open to Council to proceed to close the road by advertising its intent and notifying adjoining owners, the preference is that this be undertaken in conjunction with a development application for the redevelopment of 17-19 Bowra Street.? This would allow the adjoining owners and the public to properly consider the proposed use of the section of road and would provide Council with more control and a better negotiating position than if it were to close the section of road and sell it now.

 

Drainage

 

In heavy rainfall there is evidence of overland flow ponding on the footpath beside the Centrelink building and in front of no. 17 Bowra Street and then running down the common boundary towards the rear of the properties.? The steepness of the embankment means that it is difficult to stop erosion and sediment laden runoff.? It is also difficult to maintain with the previous grassed slope being replaced with a synthetic weed mat as workers could not hold their footing when using a whipper snipper.

 

The practical problem is that there is often sediment (mud) on the lower footpath and the overland flow has contributed to the poor condition of the front and southern side boundary fences at no. 17 Bowra Street.

 

Various options have been considered to improve the maintenance of the embankment including the construction of a large retaining wall at the bottom; covering the embankment with shotcrete and also native revegetation.? Whilst structural solutions have not been priced they are likely to cost in excess of $10,000.? And then there is the issue of collecting the water and piping it to the rear.? There are no easements and the cost of creating an easement and piping the water would likely cost more than $10,000.? Even with piping there is likely to be continuing overland flow.

 

A proposal has been obtained from James M Taylor Landscapes for a 2 stage stabilisation of the embankment.? The proposal is attached.? Stage one would be to cut and remove the weed control from the bottom half of the bank and mass plant with lomandra and mulch to help stabilise the bank and to carry our some repair work to the treated pine wall at the lower end of the ungrassed bank.? This has been estimated at $2,376.? Stage two would be to remove the remainder of the weed mat and plant out with a variety of native shrubs.

 

Enquiries made by Council?s Design Engineer indicate that another alternative may be the installation of a UV stabilised polypropylene woven geotextile which allows grass to grow through the geotextile.? At the same time its 3 dimensional structure increases the surface area by 40% thus reducing water velocities and trapping sediment.? The geotextile would cost about $5,000 plus installation which could be undertaken by Council staff.

 

Given the drainage problems which exist in Nambucca Heads, the cost of a structural solution to the drainage problem at no. 17 Bowra Street cannot be justified.? It is recommended that Council proceed with either a proposal similar to that suggested by James M Taylor Landscapes or use geotextile or potentially a combination of the two.? The final decision should be left to Council?s Engineering Designer who has training and experience in the stabilisation of steep slopes.? Council should also make a contribution to the replacement of the boundary fence.

 

 

CONSULTATION:

 

There has been consultation with the owner of No.?s 17 and 19 Bowra Street, with Mr James Taylor, the Senior Overseer, Parks and Reserves Supervisor, and Manager Civil Works.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no significant implications for the environment.

 

Social

There are no significant social implications.

 

Economic

There are no significant economic implications.

 

Risk

There are some public liability risks in relation to people slipping on a muddy footpath.? There is a risk to staff and contractors in maintaining the embankment.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be an impact on the current budget of approximately $5,000 for the provision of landscaping and/or geotextile and $800 as a contribution to the replacement of the fence.

 

Source of fund and any variance to working funds

 

It is proposed that the variation be included in the next quarterly review.

 

Attachments:

1View

21870/2010 - Letter from James M Taylor Landscapes

 

??


General Purpose Committee - 15 September 2010

Request to Acquire Road Reservation (Embankment) in front of 17-19 Bowra Street, Nambucca Heads

 


??


General Purpose Committee

15 September 2010

Director Environment & Planning's Report

ITEM 9.1????? SF998????????????? 150910???????? Report on Strategies to Address the Ageing Population

 

AUTHOR/ENQUIRIES:???? Coral Hutchinson, Manager Community and Cultural Services ????????

 

Summary:

 

In late 2007, the Department of Local Government commenced a review of the performance of Nambucca Shire Council as part of its Promoting Better Practice Program.? The review was to closely evaluate the effectiveness and efficiency of key aspects of Council operations and to provide feedback.? It involved examining Council?s overall strategic direction, checking compliance, examining appropriate practices and ensuring that Council has frameworks in place to monitor its performance.?

 

The review resulted in 51 recommendations for Council and in the time since, these recommendations have been gradually addressed.? This report deals with recommendation 41:

 

?Council should develop strategies to deal with the impact of its ageing population on its services and infrastructure needs.?

 

Attached is the ?Report on Strategies to Address the Ageing Population?.

 

 

Recommendation:

 

That Council note the report on the various strategies which have been or are being developed to address the ageing population, together with the comments from other Council Officers which highlight possible future initiatives.

 

 

OPTIONS:

 

1????????? Adopt the report and its recommendations.

2????????? Adopt the report with changed recommendations.

3????????? Not adopt the report.

 

 

DISCUSSION:

 

There is a vast amount written and discussed about the ageing of Australia?s population and whether a particular area is experiencing ?Numerical Ageing? (increase in numbers of elderly primarily caused by increased life expectancy) or ?Structural Ageing? (increase in proportions of elderly primarily caused by low/falling birth rates).? Nambucca Shire is experiencing both and there is nothing to indicate any change for the foreseeable future.

 

This report provides an overview of the older population, some predictions of population changes; and an overview of strategies being implemented or developed by Council in its role as planners for the community, service/facility provider and employer.

 

There are numerous terms used to describe the population of people who are 65 years or older ? seniors, aged persons, senior citizens, Elders, the ageing etc, many of which will be used in this report depending on the context.

 

The ageing population will impact on most, if not all council functions in some way.? Evidence of this is the number of Statutory and Forward Plans that cross over or impact directly onto the subject of the ageing population in the Nambucca Shire.? (Refer to the following list.)

 

1????????? Management Plan ? Part 1 of 20-year Community Strategic Plan 2009-2029

2????????? Community Facilities and Open Space Developer Contribution Plan 2008 (Section 94 Plan)

3????????? Nambucca Development Control Plan 2010.

4????????? SEPP (State Environmental Planning Policy) Housing for Seniors or People with a Disability 2004

5????????? Local Environmental Plan 2010

6????????? Employment Lands Strategy

7????????? Our Living Coast Regional Sustainability Initiative 2009-2012

8????????? Local Adaptation Pathways Program (LAPP)

9????????? Crime Prevention Plan

10???????? Cycleway Plan

11???????? Pedestrian Mobility and Access Plan (PAMP)

12???????? Street Furniture Audit and Recommendations

13???????? Local Approvals Policy ? Use Of Road Reserves and Public Land For A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures By Commercial Premises, and Community and Charitable Organisations (2009/2010)

14???????? Library Action Plan and Clarence Regional Library Strategic Plan 2008-2018

15???????? Nambucca Shire Workforce Plan 2009

16???????? Workplace Equity and Diversity Strategy 2009-2011

17???????? Disability Action Plan 2009-2013

18???????? Social Plan 2009-2014

 

Planning for the ageing population is not something that is done once and is then finished, it will be an ongoing exercise.? Council may find it useful to assess the impact of its decisions on the ageing population by introducing an additional sustainability measure within its reporting.? This could sit alongside assessment of risk, social, economic, environmental sustainability.

 

In some areas, Council is well placed to adapt and accept challenges to deal with the ageing population eg the PAMP, however in other areas more work needs to be done eg asset planning and management.? For example, funding for future infrastructure through Section 94 Plans could be more responsive to the ageing population and less focussed on active sport.?

 

The preparation of this report is timely in that Council will shortly commence development of its 20-year Community Strategic Plan.? That exercise should look more closely at the ageing population and the need for infrastructure.?

 

 

CONSULTATION:

 

Manager Business Development?s comments:

 

The projected growth in numbers of older people highlights the need to plan for increased demand for housing for the aged.? Already aged-care service providers are looking within the Shire to identify possible sites for future development.? In addition to the Macksville urban growth area mentioned in the report, the Council land at lower Nambucca is a potential site for aged housing in the Shire given that the land is flat, in close proximity to shopping and a medical centre, has a cycle way for scooter access and is close to other services.? Perhaps Council could consider this land for potential sale to aged care providers (for future aged care infrastructure) via the Land Development Committee.

 

Strategic Planner's comments:

 

Council will be preparing a Residential Release Strategy at some point in the future and a part of that exercise will be to have a close look at our ageing population and land suitable for aged care living such as at Lower Nambucca. The strategy could also consider incentives for developers of aged care facilities such as Floor Space Ratio concessions, contribution concessions or incentives to encourage adaptable housing and different dwelling types within the existing urban areas.? These types of actions would all be supported by the state policies for Seniors Living, and affordable housing.

 

In the short term however, the Council's Land Development Committee could look at existing land development options to determine if there is sufficient interest, demand and permissibility under the existing planning instruments.


Property Officer?s comments:

 

I think that it would be prudent to include in any strategic planning considerations for the expansion of services and facilities at the Aquatic centre to include exercise rooms for yoga, aerobics and such activities as well as the potential for professional rooms such as physiotherapy and the like.

 

Council would recall that the catalyst for the construction of the Hydrotherapy Pool was recognition of the fact that our population was ageing and that this comes with an increased requirement for therapeutic and remedial treatment and exercise facilities. Expanding the facilities to meet future needs stays true to the original objective.

 

The Pool contractor reports further income can be derived from activities such as aerobics, yoga, pump and zumba. Physiotherapist and personal trainers advise that similar classes targeting seniors are of enormous benefit to the health and well being of that demographic. There are currently no such facilities in the Macksville are (nor the shire to my knowledge) . Expanding the base of activities at the complex would most likely serve to increase overall patronage to all facilities at the centre and could potentially overcome the ? distance barrier?? which seems to curtail Nambucca Heads residents from using the centre.

 

A further adjunct to the complex could be the inclusion of physiotherapy and or remedial treatment rooms. Apart from the obvious benefit to having the treatment rooms close to the main exercise facility this would also present a possible income stream (and therefore cost offset) through commercial leasing of the space to appropriately qualified practitioners.

 

If Council is addressing the long term requirements to meet the needs of an ageing population it would be good to include projects such as the above so that we can properly plan for their cost and implementation over the course of the next 10 ? 20 years.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental sustainability issues arising from this report.

 

Social

 

Improved social outcomes and increased well-being for older people underpin this report.?

 

Economic

 

There are no specific economic issues arising, however planning for the ageing population may reveal economic opportunities for Council and the community.?

 

Risk

 

Nothing specific identified, although the risk of not planning for the ageing population could be significant.?

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing required.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Note:? Council has been successful with applications which will fully fund the following projects which will be conducted over the next 12 months::

 

1????????? Safe and Savvy Seniors ? Make Sure You?re Secure ($80,880)

2????????? Safe and Savvy Seniors -? Safe Drivers ($4,900)

3????????? Design Safe for Public Space ? Crime Prevention Through Environmental Design audits for the Nambucca Foreshore, Visitor Information Centre to V-Wall ($13,981)

 

Attachments:

1View

14029/2010 - Report on strategies to address the ageing population

 

??


General Purpose Committee - 15 September 2010

Report on Strategies to Address the Ageing Population

 

REPORT ON STRATEGIES TO ADDRESS THE AGEING POPULATION

 

 

Background

 

In late 2007, the Department of Local Government commenced a review of the performance of Nambucca Shire Council as part of its Promoting Better Practice Program. The review was to closely evaluate the effectiveness and efficiency of key aspects of council operations and to provide feedback. It involved examining Council?s overall strategic direction, checking compliance, examining appropriate practices and ensuring that council has frameworks in place to monitor its performance.

 

The review resulted in 51 recommendations for Council and in the time since these recommendations have been gradually addressed. This report deals with recommendation 41:

 

?Council should develop strategies to deal with the impact of its ageing population on its services and infrastructure needs.?

 

This report provides an overview of the older population, some predictions of population changes; and an overview of strategies being implemented or developed by Council in its role as planner for the community, service/facility provider and employer.

 

There is a vast amount written and discussed about the ageing of Australia?s population and whether a particular area is experiencing ?Numerical Ageing? (increase in numbers of elderly primarily caused by increased life expectancy) or ?Structural Ageing? (increase in proportions of elderly primarily caused by low/falling birth rates). Nambucca Shire is experiencing both and there is nothing to indicate any change for the foreseeable future.

 

There are also numerous terms used to describe the population of people who are 65 years or older ? seniors, aged persons, senior citizens, Elders, the ageing etc many of which will be used in this report depending on the context.

 

Current Seniors Population

 

In the most recent Census by the Australian Bureau of Statistics in 2006, 4,102 persons or 23% of the population usually resident in Nambucca Local Government Area were persons aged 65 years and over (Mid North Coast 20%, NSW 13.9%). In approximately 10 years, the proportion will be just over 1/3 (34% by 2021).

 

The median age of persons in Nambucca was 46 years, compared with 37 years for persons in Australia.

 

 

SENIORS POPULATION ? NAMBUCCA SHIRE COMPARED TO MID NORTH COAST and NSW

Age

Shire Number of Persons

Shire % Total

MNC % Total

NSW % Total

65-69

1,160

6.5

5.7

3.9

70-74

960

5.4

4.9

3.2

75-79

888

5.0

4.2

2.9

80-84

656

3.7

3.0

2.2

85-89

301

1.7

1.5

1.1

90-94

110

0.6

0.6

0.5

95-99

24

0.1

0.1

0.1

100+

3

0.0

0.0

0.0

Source: ABS 2006 Census

 


 

Although difficult to show statistically, of our small population of people who were born in non-English speaking countries a large number are now approaching or are in the seniors population.

 

Most of our seniors rely on a pension as their major source of income.

 

 

AVERAGE INDIVIDUAL INCOME for OLDER PEOPLE IN NAMBUCCA SHIRE

Persons aged 65-74

 

Per Week

 

$323

(MNC $349, NSW $400)

 

Per Year

$16,810

 

Persons aged 75 or more

 

Per Week

$319

(MNC $341, NSW $367)

 

Per Year

$16,580

 

Source: ABS Census 2006

 


Lone Persons and Social Isolation

 

A large number of seniors live alone.

 

 

The older population has greater representation of females compared to males.

 

 

 

GENDER BALANCE OF OLDER PERSONS

 

Nambucca Shire

 

AGE

Total

Females per 100 Males

 

 

 

 

 

65-69

1 160

94.0

 

70-74

?960

106.0

 

75-79

?888

120.9

 

80-84

?656

118.7

 

85-89

?301

137.0

 

90-94

?110

266.7

 

95-99

?24

200.0

 

100+

?3

 

 

Source: ABS Census 2006

 

 


 

 

 

DEPENDENCY RATIOS

NAMBUCCA SHIRE

 

Number

Percent

Age

Males

Females

Total

Males

Females

Total

?0-14

1729

1592

3321

19.8

17.4

18.6

15-64

5061

5385

10446

58.0

58.9

58.5

?65+

1931

2171

4102

22.1

23.7

23.0

 

 

 

 

 

 

 

Total

8721

9148

17869

100.0

100.0

100.0

 

Dependency Ratios:

Persons 0-14 years of age as a Proportion of Working Age (males & females 15-65)

31.8%

Pensioner Age as a Proportion of Working Age (males & females over 65)

39.3%

0-14 years of age + Pensioner Age as % of Working Age Population

71.1%

Based on Place of Enumeration 2006 Census

 

 

As would possibly be expected, seniors are active volunteers in the community and at the time of the 2006 Census, 872 people (507 women and 365 men) over the age of 65 years reported that they undertook voluntary work in the previous 12 months. This represents some 25% of all people who said they were a ?volunteer?. Of the older volunteers, 58% were women and 42% were men.

 

The Nambucca Shire has a large population of indigenous peoples, however they are under-represented in the 65+ years age group with the Census recording only 28 people identifying as indigenous. (287 were ?not stated?). The term Aboriginal Elder is frequently used to describe people from their mid-50?s and relates to respect as well as age.

 


How Many Seniors in the Future?

 

 

The Local Government and Shires Associations of NSW in their Resource for Ageing Population Planning (RAPP) 2008 estimate that in approximately 10 years, around 6,400 or 1/3 (34%) of the Nambucca Shire population will be aged 65 years or older. Around 3,600 of this group will be between 65 and 75 years of age. Their estimates are shown in the following table and graph.

 

 

PROJECTED NUMBER OF PERSONS BY YEAR ? NAMBUCCA SHIRE

 

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

AGE

 

 

 

 

 

 

 

 

 

 

 

 

65-69

1317

1372

1472

1552

1631

1665

1738

1751

1816

1832

1866

1905

70-74

1102

1140

1154

1174

1225

1297

1350

1446

1523

1598

1633

1704

75-79

853

841

861

892

925

980

1016

1031

1052

1101

1169

1219

80-84

697

700

689

694

692

676

669

689

716

747

793

824

85+

586

622

663

670

696

715

736

749

751

762

759

765

Source: RAPP 2008

 


 

One of Australia?s leading demographers, Dr Natalie Jackson has done extensive work on the ageing population to assist local government to plan for the ageing population. Dr Jackson?s work includes analysis of the child to elderly ratio of a population and the impact of the ageing population on the workforce. The ageing of the Nambucca Shire population using Dr Jackson?s estimates (refer to the following graph) show a clear growth in older age groups together with declining numbers of children.

 

Growth in Seniors Population Compared to Other Age Groups

 


The NSW State government, Department of Planning released new data in 2010 which shows the predicted ageing of the population over the 30 years from the most recent census in 2006 to 2036.

 

The growth in number of the older seniors over the coming years is the most profound predicted change as the following population pyramids show. This will have a distinct impact on the character of the Nambucca Shire population and the types of services and facilities the Council offers.

 

 

Source: 2010 Crown, NSW Department of Planning

 


STATUTORY AND FORWARD PLANNING AND REGULATORY FUNCTIONS

 

There are a number of Statutory and Forward Plans that cross over or impact directly onto the subject of the ageing population in the Nambucca Shire. Refer to the following list:

 

 

1??????? Management Plan ? Part 1 of 20-year Community Strategic Plan 2009-2029

2??????? Community Facilities and Open Space Developer Contribution Plan 2008 (Section 94 Plan)

3??????? Nambucca Development Control Plan 2010.

4??????? SEPP (State Environmental Planning Policy) Housing for Seniors or People with a Disability 2004

5??????? Local Environmental Plan 2010

6??????? Employment Lands Strategy

7??????? Our Living Coast Regional Sustainability Initiative 2009-2012

8??????? Local Adaptation Pathways Program (LAPP)

9??????? Crime Prevention Plan

10????? Cycleway Plan

11????? Pedestrian Mobility and Access Plan (PAMP)

12????? Street Furniture Audit and Recommendations

13????? Local Approvals Policy ? Use Of Road Reserves and Public Land For A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures By Commercial Premises, and Community and Charitable Organisations (2009/2010)

14????? Library Action Plan and Clarence Regional Library Strategic Plan 2008-2018

15????? Nambucca Shire Workforce Plan 2009

16????? Workplace Equity and Diversity Strategy 2009-2011

17????? Disability Action Plan 2009-2013

18????? Social Plan 2009-2014

 

The main strategic process which guides meeting the demand for increased numbers of facilities/services is the 20-Year Community Strategic Plan which Council will be developing during 2011-12. In place currently is Part 1 Management Plan (which contains some 20 year targets). This report will highlight the importance of the 20-Year Plan as an opportunity to link planning processes which are currently mainly independent of each other.

 

Council?s Section 94 Plan Community Facilities and Open Space is a key strategic document assessing future infrastructure needs and how to finance them based on population projections and the need created by development in the Shire.

 

The current plan (October 2009) makes reference to the ageing population, however the recommendations for works are mostly focussed on active sports facilities for the younger generation ? construction of Nambucca Heads Skate Park, amenities at Coronation Park, improvements to Hennessy Tape Oval and Macksville Park. Repayment of the loan for Macksville Library is an important inclusion in terms of the ageing population.

 

The Nambucca Development Control Plan 2010 is generally a consolidation of existing development controls into a single document. In this way the DCP has captured the provisions of Council?s DCP 14 Equity of Access and Mobility. The DCP includes references to Australian Standards for access and mobility as well as objectives to ensure residential developments give consideration to access, circulation and other issues which are relevant to the elderly or people with disabilities.

 

The DCP also includes provisions for a residential release area in South Macksville which may be a suitable area to consider development of aged care facilities or similar developments permissible under SEPP Housing for Seniors or People with a Disability 2004.

 


 

SEPP Housing for Seniors or People with a Disability 2004 is a state policy dictating where specific housing for seniors or people with a disability may occur within NSW. Through development controls it also ensures that the needs of the elderly or people with disabilities are met, without being overly restrictive.

 

As a result of Council?s Structure Plan, the Nambucca LEP 2010 has included a range of new height limits and corresponding floor space ratios within the major towns of Macksville and Nambucca Heads. The purpose of these amendments is to encourage urban consolidation and a variety of different housing types and affordabilities. These amendments are expected to benefit various sectors of the community including the aged.

 

Council?s Employment Land Strategy uses projected population growth to identify commercial and industrial land required to ensure the future population of Nambucca has a strong economic base, and the land-stock will service the future demographics.

 

The Strategy has predicted economic growth in health and community services which will outstrip growth of most other industrial and commercial sectors due to the projected increases in our ageing population and large percentage of residents over 65 years of age. It has identified opportunities to strengthen the relationship of the Shire?s health and medical business with the medical knowledge and infrastructure in Coffs Harbour particularly by the provision of aged care and assisted living.

 

The Our Living Coast Regional Sustainability Initiative includes a number of environmental strategies, however one is of note: (To) Improve the sustainability performance of local councils and community organisations and householders in urban areas. One of the key aims within this strategy - ?reduced energy and water usage and improved efficiencies with associated costs savings? is of particular relevance to the ageing population due to their low levels of household income. The Initiative will also have positive outcomes for the ageing community through the planned improvements to footpaths and cycleways.

 

The Local Adaptation Pathways Program (LAPP) is using the projections of what is going to happen with Climate Change and how the region is going to adapt to those changes eg. the number of days over 30 degrees including consecutive days (heatwaves) will increase and this in turn will affect older people as heatwaves can have serious human health ramifications especially on the elderly and infirm. The LAPP is developing strategies to address this.

 

Fear of crime increases as people age. This is a perception as crime statistics do not show that the likelihood of becoming a victim increases with age, nevertheless it is a reality for the ageing population and the Crime Prevention Plan includes strategies such as ?Increase community awareness of how to stay safe in public places? which are designed to assist older people. A more overarching and proactive approach could however be that Council?s plans for projects for buildings, parks, amenities and the like be designed using Crime Prevention Through Environmental Design (CPTED) principles.

 

Council?s Cycleway Plan is another strategic approach which will assist with the provision of facilities for the ageing population, particularly by providing improved walking tracks and paths of travel for mobility scooters. The Plan is also important due to its overlap between transport and recreation. Appropriate pathways are important for older people due to their interest in walking for exercise and also the growing use of mobility scooters as a form of local transport. The Plan which is currently being reviewed will assist Council to determine a list of priority works for the future.

 

An important strategy for Council regarding the streetscape is the implementation of its Pedestrian Access and Mobility Plan December 2009 (PAMP). The PAMP is a strategic document that identifies pedestrian infrastructure and provides associated plans of action with pedestrian movement and safety at its core. The objectives of the PAMP are to:

 

1???????
Increase the use of the pedestrian network for short trips (1.5 ? 2 km);

2??????? Reduce the number of missing links and severance within the pedestrian network;

3??????? Reduce the number of pedestrian accidents;

4??????? Improve the connectivity with other transport mode, primarily bus, are and bicycle;

5??????? Provide pedestrian facilities that cater for the needs of all pedestrians including people with disabilities, commuters, children, seniors and recreational walkers; and

6??????? Complement existing and planned pedestrian ways.

 

The Plan contains a detailed list of priorities for Macksville, Nambucca Heads and Bowraville which will improve the pedestrian infrastructure.

 

In addition to the PAMP, Council has a Street Furniture Audit which is also a strategic document which provides recommendations regarding seat placement, shade, bus shelters, bins, picnic shelters and outdoor dining. The recommendations are related to the PAMP and within the context of key pedestrian routes and nodes of activity.

 

Improvements to the streetscape which have positive outcomes for older people may also result from development, for example the footpath widening and weather shelter for pedestrians and scooter users in Cooper Street Macksville.

 

The Access Committee which is an advisory committee comprised of people with disabilities and seniors, provides a small but important role in forward planning for the ageing population because its members represent at least partly the target group. The Committee also provides an advocacy role and has been active in development of the recent (and former) Disability Action Plan. The Committee is also assisting Council with the implementation of the PAMP.

 

Yet another strategic approach to improving access around the streets is the Local Approvals Policy Use Of Road Reserves And Public Land For A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending And Other Structures By Commercial Premises, And Community And Charitable Organisations (2009/2010). One of its key objectives is to ensure a clear and safe footpath area is maintained for pedestrians, including access for people with a disability.

 

The Library Action Plan identifies strategies for addressing future demand for services by seniors. In brief these are:

 

???????? Education programs for seniors in basic internet access

???????? History in Print project to enhance and preserve access to local history via the newspaper and microfilm reader

???????? Improved signage

???????? Collection development ? moving from tape-based talking books to digital formats whilst maintaining a solid large print collection

???????? Innovative ways to meet demand for more space by utilising the surrounding area more effectively eg small hall and courtyard at Nambucca Heads Library; verandahs and breezeway at Macksville.

 

The Nambucca Shire Workforce Plan and Workplace Equity and Diversity Strategy are both heavily weighted towards managing an older workforce eg strategies for Phased Retirement and recognition of older people in the workforce.

 

The Disability Action Plan includes strategies that relate to mobility around the public environment, accessible facilities, footpaths, signage, disability parking and the like ? all important issues for the ageing population.

 

The Social Plan contains relevant targets under the following Strategic directions: 5 ? Health and Community Service (to) reflect the needs of the population; 7 ? Affordable Housing meets the community?s needs; and 8 ? Existing public amenities and public places are adequately maintained.


Forum on the Ageing Population ? February 2009

 

Council through its Community Services Committee conducted a forum on the ageing population on 10 February 2009. The forum discussion identified the following areas of key importance to planning for the future:

 

1??????? Funding

2??????? Planning eg need for increased cycle-ways for use by scooters and gophers

3??????? Footpaths, access, mobility and transport including

4??????? Lighting and safety

5??????? Transport

6??????? Training, Volunteering and Workforce

7??????? Networking and Communication

8??????? Housing - needs to be adaptable so that people can stay in their own homes

9??????? Social Isolation

 

Safe and Savvy Seniors Strategy

 

Councils Community Services staff have been working on the development of a strategic approach to the needs of the older community, helping them to be healthier, feel safer and continue to participate in outside activities. Three programs within the Safe and Savvy Seniors Strategy which are being developed through pursuing funding opportunities are:

 

??????????? Staying Strong (a strength exercise program)

??????????? Drive Safe (a workshop on safe driving skills and subsidised refresher driving lessons)

??????????? Make Sure You?re Secure (a series of workshops on home security, personal security and financial security)

 

These programs all incorporate social time after the sessions, so that participants have a chance to talk to others; in this way Council intends to help address the fact that many seniors feel isolated at home, and would welcome the opportunity to talk to others.

 

Other initiatives being developed are Staying in Touch (Internet Sessions and Telecommunications for Seniors) and Fire Safety.

 

Mid North Coast Integrated Planning for Ageing and Disability

 

Councils on the NSW Mid North Coast would be well aware that the ageing population is a regional phenomenon affecting their neighbouring coastal councils, therefore when an opportunity arose to seek a more regional approach, it was met with a positive response.

 

During 2008, NSW Ageing Disability and Home Care undertook an exercise to work with local government to develop a framework for aligning its strategic planning for older people, people with disabilities, and their carers, with local government social/community planning.

 

The result was a model framework for social planning for the ageing population on the Mid North Coast (developed by GML Research) which proposes analyses on community care, health care, specialist disability services, accommodation and community participation needs. Within each of these areas the model proposes further analysis in 10 different elements eg vision, workforce requirements, volume/location of existing services, community facility requirements etc, etc.

 

An informal strategic alliance was created to start to implement a planning exercise based on the GML framework, but unfortunately attempts to apply the model during 2008, 2009 and 2010 have not succeeded as yet even though there have been a number of meetings. Reasons for this essentially come down to lack of resources/skills/social planning staff at the local government level to apply such a complex approach as although Councils on the Mid North Coast recognise the need to more closely consider the impact on an ageing population, each Council has a different capacity to participate and/or drive such a complex planning exercise. Also, there has been a tendency for the group to be encouraged to tackle the whole of social planning for the region, rather than focussing on an area of common interest to local government. Further, many Councils see themselves as participants in such an exercise, not necessarily the custodians, particularly when a large portion of it is not local government core business.

 

FACILITIES AND SERVICES

 

The predicted changes to the nature of the population will require a changed approach to the types of facilities being developed and maintained by Council. The coming generations of older people are expected to live longer and be more active; Council will therefore be challenged to meet both demand for increased facilities/services and demand for different and changing types of services/facilities due to changes in lifestyle and leisure.

 

Whether it is for new additional facilities or the continued use of existing ones, provision of accessible facilities will become one of the key areas where Council can make a difference to its ageing population. Although age is not an indicator of disability, the two are interconnected as people acquire disabilities as they age. Toilets, disability car parking, signage, access ramps and continuous accessible paths of travel should therefore be focus areas for Council. It is likely that most of Council?s physical infrastructure will need to be considered in some respect within a context of an ageing population.

 

Public Buildings including Public Halls, Car Parking and Amenities

 

Over the past 18 months, the major strategic focus in terms of Council?s public buildings has been the review of and improvements to accessibility, particularly in public halls. Whilst few facilities will currently comply with all the relevant Australian Standards, there has been a conscious effort to assess and then remediate where possible access ramps and toilets for people with disabilities. Car Parking will be the a focus for 2011. There has also been some efforts for closer monitoring of projects which are conducted by Committees of Management in regard to meeting building requirements, however additional staff resources are needed to ensure compliance.

 

The plan for improvements to access in and around the Council Administration Centre is in its final stages. Over the past few years the following matters have been addressed: hearing augmentation, access to rear door, automatic doors front and rear, access to podium, lowering security access points etc. Plans are currently underway for improvements to the public toilets to ensure compliance with AS1428.

 

Council staff are currently undertaking an audit of public amenities which will include an assessment of accessible toilets. It is likely that few, if any, toilets will comply with the Australian Standards for Access (AS 1428.1 etc). A plan of works will be put in place to address shortcomings. Work at the Princess Street amenities is currently underway.

 

Sporting and Recreational Facilities

 

Council currently has a wide range of sporting facilities, most of which are focussed on active sport. The list is quite lengthy but major facilities include:

???????? Anderson Park Valla Beach

???????? Hennessy-Tape Oval Bowraville

???????? Coronation Park Nambucca Heads

???????? EJ Biffin Fields Nambucca Heads

???????? Macksville Showground

???????? Macksville Park and Aquatic Centre

???????? Donnelly-Welsh Park and Thistle Park Macksville

???????? North Macksville (soccer fields)

???????? Buz Brazel Fields Scotts Head

???????? Taylors Arm Sports Ground

???????? Unkya Reserve

 

In addition there are netball courts, tennis courts and the like.

 

There will be challenges for Council in the future to balance the management and maintenance of these types of facilities whilst also providing for both the increase in numbers of older people and the increasing proportion of the population they represent.

 

For example, it is likely that there will be less demand for football fields and more demand for leisure sports. That is not to say that football fields won?t continue to be relevant ? for many seniors, particularly men, a key part of their leisure is spectating at sport, however the demand for these types of sports facilities is likely to lessen. It is likely that Council will see increased demand for the likes of walking tracks and cycleways.

 

It is also likely that there will be opportunities to value-add to better meet the needs of the ageing population. For example, Macksville Park may be the ideal facility for improvements to create an age-friendly recreation area due to its central location in the Shire, its range of facilities already available and level terrain. There may also be business opportunities; for instance at the Aquatic Centre with the addition of therapy rooms from which health professionals can operate and offer a more diversified range of health and fitness services. The benefits of these initiatives could be considerable given the potential to cater for a broad range of the population as well as older people. Disability access to the outdoor Olympic pool and its year-round opening may also be desirable to cater for the well-being of the future population. At this stage however these are merely observations as there has been little strategic work done in this area outside of asset maintenance and Section 94 planning.

 

Libraries

 

In terms of the services currently delivered by local councils to older Australians, library services continue to remain the most significant area of service provision ? cinemas and botanic gardens are the next most popular venues.? (Australian Institute of Health and Welfare)

 

For many seniors today, technology is an essential part of everyday life. Indications are that the demand for access to technology will continue to grow. Libraries play a key role in meeting this demand.

 

Council?s two libraries (Macksville and Nambucca Heads) are popular with seniors. Library statistics from 2008-09 reveal that 1,062 members were aged 65+ years ? 26% of the senior population. There is strong demand for general library services, however key areas of demand by seniors are access to the internet; genealogy and local history research; and access to large print and talking books.

 

Relevant strategies are outlined in the Library Action Plan and under Safe and Savvy Seniors.

 

Cultural Facilities and Senior Citizen?s Centres

 

Nambucca Shire Council owns two Senior Citizens Centres which are a significant physical asset and important to the growing and ageing population. The Council?s Assets Register lists Macksville Senior Citizen?s Centre at $900,000 and Nambucca Heads Senior Citizen?s Centre at $620,000, Council therefore has a significant investment in facilities for its seniors.

 

Older people are both users and managers of these facilities and therefore sometimes different strategic approaches will be necessary. For example as their voluntary committees age, they may need assistance with the more physical work required around the facilities; or with technical advice to keep abreast of government regulations; or with support and ideas to manage changes in demand for programs.

Whilst Council does not currently receive any financial return as such on these investments, there are benefits to the community in terms of well-being through the activities held there; however indications are that there will be demand for continuing but perhaps different types of activities in the future. Currently Council does not get involved in what activities are conducted at its Seniors? Centres as Council and its Committee of Management look after building, but an independent Incorporated body or ?Club? runs the programs.

 

Council may wish to revisit this in the future and have more say in what activities are offered in its Seniors? Centres. It may also wish (or need) to work more closely with Seniors Centres to diversify their programs and adapt with changing demands. There are also good opportunities for the Seniors Citizen?s Centres and Libraries to work together due to their proximity and shared users, particularly at Macksville. The other issue regarding Macksville is that is was constructed with a grant under the State Grants (Home Care) Act in the early 1980?s and therefore the Centre counts as a capital allocation to the Nambucca Shire for infrastructure for the frail aged, people with disabilities and their carers. It is not known when the Shire would be eligible to receive new capital funding should Council wish to construct new facilities for seniors, including offices for services. On the plus side however, there may be access to government funding for improvements to the Centre because of the way it was originally funded.

 

Council?s main cultural facilities of importance to the older population are Bowraville Theatre, the Nambucca Entertainment Centre and Stringer Gallery, and its museums in Bowraville, Macksville and Nambucca Heads. In a similar vein to that of seniors centres, older people are both users and caretakers of these places. The Museum Advisors Program has been a very successful approach to assisting volunteers to better manage our local museums.

 

Council is currently working towards the allocation of land to the Bridge Club for a permanent facility for this activity.

 

Waste Services

 

Council provides waste services under a contract which requires that the needs of the aged and people with disabilities are taken into account. Council?s contractor, Coffs Coast Waste Services offers the following two services which are relevant to the ageing population:

 

1??????? Handybin has a wheel in wheel out service, which is offered to people with a genuine disability or people who are elderly and can demonstrate they cannot wheel the bin.

2??????? For people with a vision impairment there are bin lids with tactile symbols.

 

It is likely that the demand for these services will increase with the ageing and growing population.

 

Transport facilities and services

 

Whilst Council is not a transport provider, it has a key role to play in regard to transport due to its responsibility for roads, car parks, footpaths, signage, boat ramps, bus shelters, cycle ways, and wharves. Other areas of responsibility regarding transport relate to regulation, eg car parking.

 

The interface between these areas of responsibility and the ageing population include:

 

1??????? Accessible bus stops in appropriate locations

2??????? Provision of adequate disability parking

3??????? Footpaths to cater for different users ? pedestrians, cyclists and mobility scooter users

4??????? Shared areas ? vehicles and pedestrians

5??????? Access in and around facilities on water front

6??????? Adequate lighting and security


Two strategic areas where Council could have an increased role in the future is in the promotion of public transport and road safety. Currently involvement in these areas is limited. Although Council has had a Road Safety Officer in the past (shared with Kempsey Shire Council), there is no particular focus on road safety initiatives outside of applying regulations.. In terms of public transport there are 2 current approaches: A small youth focussed project ?Bored? the Bus? will aim to teach young people how to use public transport and understand its benefits as an available transport option. Also, the ?Safe and Savvy Seniors: Safe Drivers? aims to assist older people maintain their independence by maintaining driving skills.

 

Tourism

 

Council has a Tourism Action Plan and Tourism Strategy which were prepared in 2007. These documents mainly deal with the day-to-day operating of the tourist office, with accommodation or the regional perspective. The key areas addressed are:

 

1??????? Develop tourism human resources

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

3??????? Regional tourism industry collaboration

4??????? Visitors Information Centre (VIC)

5??????? Marketing

6??????? Industry training

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

 

Whilst the need to develop opportunities for cultural tourism is included, there is no real mention of older people and their connection to tourism, as operators, visitors or volunteers. There will be a need to factor the ageing population into tourism planning in the future as there will be both opportunities and challenges. Older people are a potential market so there will be an opportunity for attracting older tourists and with that the need to develop ageing-friendly tourist accommodation, facilities and services. In addition, there is the large so-called ?Grey Nomad? population who have specific needs for facilities and services for their mobile homes. Also, community service agencies report an increase in demand for permanent housing from those who travel here and then find it a desirable place to stop and settle.

 

COUNCIL AS AN EMPLOYER

 

The NSW Local Government and Shires Associations have identified the following areas of impact on local government functions within its context as employer:

 

1??????? Increased need for retaining more ageing staff

2??????? Increased need for creating opportunities for ageing staff to work part-time

3??????? Increased need for Human Resource Management strategies on attitudes of employers, attitudes of employees and relations between generations in the workplace, to recognise and realize the benefits of age diversity in the work place

4??????? In a wider context - initiatives to address systemic age discrimination within the Australian workforce and wider community

 

Population ageing raises significant workforce management issues for local councils. Over the period 1982 to 1992 people under the age of 45 accounted for 87% of all labour force growth in Australia; in comparison, from 2002 to 2012 the age group 45-64 (mature age workforce) will account for 85% of all labour force growth. For a local council to continue to thrive, it will be vital to consider these facts and adjust strategies to accommodate this changing workplace environment. (ALGA Toolkit)

 

In her work on the Nambucca Shire, Dr Natalie Jackson predicts a decline in number of people in the workforce entry age groups and a corresponding growth in numbers leaving work. This has implications for industry in the Shire (including Council as a major employer) and access to workers.


 

 

The Nambucca Shire Council Workforce

 

As at December 2009, Nambucca Shire Council had 129 staff. The average age of employees was 44 years and also around ? of staff members were 46 to 55 years of age. The Council?s Workforce profile follows:

 

 

In response to a number of issues regarding the mature nature of its workforce, a forward plan has been developed. The ?Nambucca Shire Workforce Plan, December 2009? outlines a number of initiatives including strategies for Phased Retirement, Attraction and Retention of Young Workers, Alternative Employment Pools and Parent/Carer Responsibilities. The Plan also includes timelines to 2012 and beyond.

 

Council is also addressing employment and the ageing population via its ?Workplace Equity and Diversity Strategy 2009-2011? which promotes the concepts of inclusion and recognition of older people in the workforce, together with building a workforce which represents the population profile.

 

FINANCING THE FUTURE

 

Based on the current population profile, Nambucca Shire Council will continue to face economic disadvantage due to the high proportion of its population who are dependent on a government benefit for their income. This impact is felt across the community ? Council income due to rate rebates, the financial capacity of the community to support community-based initiatives, and in the business sector due to limited disposable income. Further, it will be some time until Superannuation has a real impact on the incomes of older residents of the Shire.

 

One of the main challenges facing Council will be the balance between the ageing population and the rate income. Modelling prepared for Council?s Climate Risk Report estimates that an ageing population may result in the percentage of rateable properties receiving concessions increasing by 17% by 2030.

 

The demands on Council finances due to its ageing assets are well documented. Council has become more proactive however this will need to continue to meet the demand for facilities and services. Many Council buildings and facilities provide no financial return at all to Council.

 

The development of Council?s 20-year Community Strategic Plan will be crucial to determining what is needed for the future and then what Council can afford to provide without attempting to meet every community demand. The future strategic planning processes can monitor changes to the population and put in place economic modelling which may forecast and quantify the changes in the number of pensioners and therefore the cost of pensioner rebates. There may also be opportunity for a more diversified approach to Council?s income streams which balance the reliance on rate income and government grants with economic initiatives.

 

SUMMARY

 

Planning for the ageing population is not something that is done once and is then finished, it will be an ongoing exercise. Council may find it useful to assess the impact of its decisions on the ageing population by introducing an additional sustainability measure within its reporting. This could sit alongside assessment of risk, social, economic, environmental sustainability.

 

In some areas, Council is well placed to adapt and accept challenges to deal with the ageing population eg the PAMP, however in other areas more work needs to be done eg asset planning and management. For example, funding for future infrastructure through Section 94 could be more responsive to the ageing population and less focussed on active sport.

 

There will be economic opportunities for Council and the community from an ageing population.

 

The preparation of this report is timely in that Council will shortly commence development of its 20-year Community Strategic Plan. That exercise should look more closely at the ageing population and the need for infrastructure.

 

?


General Purpose Committee

15 September 2010

Director Environment & Planning's Report

ITEM 9.2????? SF241????????????? 150910???????? Nambucca LEP 2010 as made on 30 July 2010

 

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

 

Summary:

 

Nambucca Local Environmental Plan (NLEP) 2010 was gazetted on 30 July 2010. However, following exhibition of the draft NLEP, a number of amendments were made by the Department of Planning (DoP) before NLEP 2010 was made by the Minister for Planning. The purpose of this report is to identify the changes made to the draft plan exhibited by Council and recommend the preparation of planning proposals to address certain anomalies and/or amend some of the unacceptable changes in the final version of NLEP 2010.

 

 

Recommendation:

 

1????????? That pursuant to the clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal for each of the following items as appropriate following further discussions with the Department of Planning, and the Planning Proposal/s be submitted to the Minister for Planning for consideration under clause 56 of the Act:

 

a????????? The following Land be reclassified from Community land to Operational land pursuant to clause 30 of the Local Government Act 1993:

 

??????????? Part Lot 31 DP248561 Yarrawonga St;

??????????? Part Lot 40 DP711098 Kingsworth Estate; and

??????????? Lot 163 DP822649 Eungai (Eungai Pre School)

 

b????????? That Council owned Operational Land at Coronation Park (Lot 2 DP864792) be amended in accordance with Council?s previous resolutions under Nambucca LEP 1995 amendment no. 42 listed below:

 

??????????? Zone Maps be amended to R1 General Residential;

??????????? Lot Size Maps be amended to 450sqm;

??????????? Height of Building Maps be amended to 8.5m; and

??????????? Floor Space Ratio Maps be amended to 0.55:1.

 

c????????? Lot 2 DP 1071503 Uriti Road Macksville be amended to include a height limit of 8.5m to reflect other R1 General Residential Land in the shire and previous resolutions of Council.

 

d????????? To ensure consistency with SEPP (Affordable Rental Housing) secondary dwellings be made a permissible use in the R5 Large Lot Residential Zone.

 

e????????? Land at Matthew Street, Scotts Head be amended to include a 0.4:1 Floor Space Ratio in accordance with the Urban Design Strategy prepared by Bennell and Associates.

 

f?????????? Clause 4.2 Rural Subdivision be amended or a new local provision be included to ensure that a subdivision resulting in a lot less than the minimum lot size may occur on rural land where it is related to a permissible land use and does not result in an additional dwelling entitlement.

 

2????????? That the owners of the following land be advised that their land was not zoned R5 Large Lot Residential with a 1ha minimum Lot size as resolved by Council and the owners be provided with a copy of the advice provided by the DoP:

 

??????????? Lot 103 and 105 DP819474 Wilson Road Congarinni (Pireki); and

??????????? Lot 2 DP 773170 166 Bald Hill Road (Taree Lands)

3????????? The owners of land bounded by Wellington Drive, Lower Lee Street, Buckman Lane, and Bay Street Nambucca Heads, be advised that the maximum building height on this land is 8.5m and a copy of the DoP advice be provided to these owners. The owners should also be advised that if they wish to provide Council with a predetermined height limit based on sound design considerations, Council will consider a future planning proposal to amend the height limit.

 

 

OPTIONS:

 

1????????? Council may resolve not to proceed with some or all of the recommendations made above.

 

2????????? Council may resolve to make additional planning proposals related to the other matters discussed in this report.

 

 

DISCUSSION:

 

Following exhibition of draft NLEP 2009 a number of amendments were made by the Department of Planning (DoP) before NLEP 2010 was made by the Minister for Planning. As such, the final version of the planning instrument (NLEP 2010) is not entirely consistent with draft NLEP 2009 as exhibited by Council.

 

Some of the changes made by the DoP have no material affect to the integrity of the planning instrument. However, it is considered that some other changes may be unacceptable and therefore warrant further consideration via planning proposals to address certain aspects of NLEP 2010.

 

Council is advised that many of the recommended amendments are administrative issues that can be incorporated into a single ?Administration? planning proposal. To ensure that these matters are not held up it is considered that some of the other proposed amendments may need to be addressed separately in individual planning proposals.

 

A comprehensive list of previous resolutions relating to draft NLEP 2009 and final outcome is attached for Council?s information.

 

The following items are specifically presented for Council?s consideration:

 

1????????? General Amendments of no material effect

 

The changes to the written instrument and maps contain a number of amendments that have no material effect in the application of NLEP 2010. Examples of these are:

 

?????????????? Nambucca LEP 2009 amended to Nambucca LEP 2010;

?????????????? Map Grid Referencing has been amended;

?????????????? Some of the Clause numbering and locations within the written document have been amended;

?????????????? Minor changes to the terminology have been made to the land use tables*; and

?????????????? Minor spelling and grammatical changes.

 

* As an example Self Storage Premises was removed from the table as Storage Premises was already included.

 

Planning Response

 

No action is required in relation to these types of amendments

 

2????????? Land Reclassifications

 

Council proposed to reclassify and rezone three (3) parcels of land in draft NLEP 2009. These were carried forward from LEP 1995 Amendment No 64.

 

The three parcels of land are:

 

Lot 31DP248561 Yarrawonga St;

Part Lot 40 DP711098 Kingsworth Estate; and

Lot 163 DP822649 Eungai (Eungai Pre School)

 

The plan made by the Minister has given each of these parcels the appropriate zone but not included the reclassification of the land from community land to operational land under Schedule 4 of NLEP 2010.

 

The DoP provided the following advice in relation to this matter:

 

The three parcels of land listed in Part 1 of Schedule 4 which were to be reclassified operational have been omitted because the procedure for the public hearing was not in accordance with Section 68 of the Act in relation to the Nambucca LEP 2010. Council is encouraged to include this land in a planning proposal to amend the plan.

 

Although it is considered that adequate justification was put to the DoP to retain the respective parcels of land in Schedule 4, the DoP decided to delete their inclusion in the schedule for the reclassification of public land. In discussions with the DoP, Council was verbally advised that Parliamentary Counsel and DoP Legal had concerns that the public hearing was held under the previous LEP 1995 Amendment and not the Nambucca LEP 2010.

 

Planning Response

 

It appears that Council has no option but to undergo the reclassification process again. This will require another public hearing and exhibition of relevant materials

 

All reports on the matters have been prepared previously. However, funds will be required to obtain the services of an independent facilitator as Council staff are not permitted to facilitate a public hearing for the reclassification of land.

 

Because a public hearing is required it is recommended that a separate planning proposal should be prepared for this aspect of the proposed amendment to NLEP 2010

 

3??????? Coronation Park

 

Land at Coronation Park was rezoned and reclassified in August 2009 under NLEP 1995 Amendment No. 42. Having regard to submissions, Council resolved to zone the land 2(a) Residential (Low medium density). There was an error in the preparation of the LEP 2010 and the land is now zoned R3 Medium Density Residential. Further, the subject land does not have a Floor Space Ratio, height limit or minimum lot size under NLEP 2010.

 

Planning Response

 

It is recommended that Council prepare a planning proposal to amend the NLEP 2010 to include the following amendments to ensure consistency with Council previous resolutions:

 

?????????????? Zone Maps be amended to R1 General Residential;

?????????????? Lot Size Maps be amended to 450sqm;

?????????????? Height of Building Maps be amended to 8.5m;

?????????????? Floor Space Ration Maps be amended to 0.55:1;

 

In relation to the imminent sale of the land, Council?s property officer has been advised of the anomalies and requested to include these provisions in the sale of the land to ensure the above standards are complied with. Further, upon Councils resolution to pursue the planning proposal, potential purchasers of the property can be made aware of the draft zone and proposed standards through 149 Planning Certificates.

 

The proposed amendments to NLEP 2010 relating to the subject land (formerly within Coronation Park) may be included in ?Administration? planning proposal.

 

4??????? Uriti Road Macksville

 

Based on a submission received during the exhibition period Council resolved to amend Lot 2 DP 1071503 Uriti Road Macksville from a rural zone to part residential and part environmental protection zone. This change has been endorsed by the DoP. However, an anomaly has occurred in that the Height of Buildings Map has not been changed.

 

Planning Response

 

The anomaly is a mapping error and should be rectified. A planning proposal should be submitted to amend the height limit in this location to 8.5m to be consistent with other R1 Zoned land in the shire.

 

The proposed amendments to NLEP 2010 relating to the subject land may be included in the ?Administration? planning proposal.

 

5??????? The Rural Dwelling Entitlements (Clause 4.2A)

 

The Rural Dwelling Entitlement Clause (Clause 4.2A) has been replaced with the Standard Model Clause for Rural Dwelling Entitlements. Attached Dual Occupancies were previously covered by a separate provision. However, the DoP have modified the model clause to allow attached dual occupancies in rural zones and environmental protection zones. Attached dual occupancies were not previously permitted in environmental protection zones.

 

Planning Response

 

No further action is required on this matter.

 

6??????? Aboriginal Heritage Items

 

Aboriginal Heritage Items have been removed from the Heritage Schedule. The original draft LEP provided Aboriginal Heritage Items on the maps and the schedules of the written instrument. Prior to exhibition the DoP required Council to remove these items from the maps. The DoP has now also removed these items from Schedule 5 ? Environmental Heritage.

 

Planning Response

 

No further action is required on this matter.

 

7??????? Complying Development

 

The draft LEP contained standard conditions for Building Height Surveys to be completed and submitted to ensure buildings did not exceed the permissible height of building. It also included a standard condition requiring certain detailed inspections to be carried out. Both of these conditions have been removed by the DoP from the complying development criteria under NLEP 2010.

 

Planning Response

 

No further action is required on this matter.

 

8??????? R5 Large Lot Residential Land that was not zoned in accordance with Councils Resolution

 

After a review of submissions received during the exhibition period of draft NLEP 2010, Council resolved to zone the following parcels (or part thereof) R5 Larger Lot Residential with a 1ha lot size.

 

?????????????? Lot 103 and 105 DP819474 Wilson Road Congarinni (Pireki); and

?????????????? Lot 2 DP 773170 no. 166 Bald Hill Road (Taree Lands)

 

The DoP has not carried through these changes into the final NLEP 2010. A letter from the DoP includes the following advice:

 

?????????????? The land at Wilson road, Congarinni North (lots 103 and 105 DP819474) has been given an RU2 Rural Landscape zone because the land is not identified for rural residential purposes in the Growth Management Strategy approved by the Director General and should not be zoned R5 Large Lot Residential.

?????????????? The land at 166 Bald Hill Road (lot 2 DP773170) has been given an RU2 Rural Landscape zone as exhibited because the land should not be zoned R5 Large Lot Residential until the flood investigation has been completed by council.

 

Planning Response

 

The areas in question can be identified for consideration following the completion of the new flood study for Macksville and/or in the five (5) year review of the Rural Residential Release Strategy. It is recommended that the landowners be informed of the advice from the DoP regarding the final outcome of the LEP 2010 and no further action be taken.

 

9??????? R5 Large Lot Residential Land previously identified with a 1ha minimum lot size has been increased to either 2ha or 6ha.

 

Council exhibited all land proposed to be zoned R5 Large Lot Residential with a 1ha minimum lot size. The DoP has retained the 1ha minimum lot size for all allotments identified in the Rural Residential Strategy as a ?short term? release and the former 1(c) unconstrained land. The DoP advised that the amendment to the draft plan was to ensure that further subdivision potential was limited for land not included in the Rural Residential Land Release Strategy. Attachment 2 shows the changes. In relation to this matter the DoP have provided the following advice:

 

The land zoned R5 Large Lot Residential which was not identified in the Growth Management Strategy ? Rural Residential Component for immediate release has been given a 2 hectare minimum lot size to restrict further subdivision and maintain housing densities in these areas.

 

Planning Response

 

Having regard to the above, it is unlikely that the DoP will support a planning proposal to amend the 2ha minimum lot size for the subject properties. The DoP also put a 6ha lot size on Lot 682 DP 587357 Wards Road. This will limit any further subdivision potential of this lot. However, the DoP has not provided any explanation for this change.

 

It is recommended that Council take no further action regarding the affected properties at this stage. However, Council will have an opportunity to re-assess the need for the increased lot sizes in the five (5) year review of the Rural Residential Land Release Strategy

 

10??????? R5 Large Lot Residential Zone has been removed from the Rural and Environmental Dwelling Clause

 

The R5 Large Lot Residential Zone was originally included under the provisions of Clause 4.2A regarding the erection of dwellings in Rural and Environmental Zones. The new R5 zone is a residential zone and residential zones do not have a minimum lot size for the erection of a dwelling. The DoP has deleted the reference to the R5 zone from Clause 4.2A. The result of this change is that there is now no minimum lot size for the erection of a dwelling on existing undersized R5 zoned land. This means that an existing undersized rural residential lot (R5 Large Lot Residential) will have a dwelling entitlement, not previously available.

 


Planning Response

 

The exclusion of the R5 zone from Clause 4.2A has resulted in an unintended consequence that creates a dwelling entitlement on existing undersized rural residential lots. It is considered that there would be very few allotments that fit this criteria. There may be some implications for old crown land or parish portions located in R5 zoned land that may now have a dwelling entitlement. However, any such lot will still need to demonstrate that adequate area is available for the erection of a dwelling, including the provision for on-site effluent disposal. In general it is considered that the implications are relatively minimal and therefore no further action is recommended.

 

11??????? Secondary Dwellings

 

Secondary Dwellings have been removed as a permissible use from the R5 Large Lot Residential Zone. This conflicts with the provisions of SEPP (Affordable Rental Housing) 2009, which permits secondary dwellings in the R5 Large Lot Residential Zone.

 

Throughout the development of the draft LEP, the DoP has indicated that land uses should be consistent with any SEPP. It is therefore uncertain why the DoP has made this amendment.

 

Planning Response

 

Although NLEP 2010 now makes a secondary dwelling a prohibited use, an applicant may still apply for this type of development under the provisions of the SEPP. Nevertheless, it is recommended that Council prepare a planning proposal to permit secondary dwellings in the R5 Large Lot Residential Zone. This will ensure consistency between the respective planning instruments.

 

It is recommended that a separate planning proposal should be prepared for this proposed amendment to NLEP 2010.

 

12??????? Matthew St Scotts Head

 

Land at Matthew St Scotts Head was exhibited in draft NLEP 2009 with an R1 General Residential zone; 6.5m Height Limit; and, a 0.55:1 FSR. These development standards were generally consistent with the existing provisions of NLEP 1995. The land in Matthew Street was also subject to an Urban Design Strategy prepared by Bennell and Associates. The provisions of the draft Strategy, which included a 0.4:1 FSR, were subsequently included and exhibited as part of the consolidated DCP 2010. The final version of the draft plan was amended to include the 0.4:1 FSR in accordance with the Strategy. However, the DoP did not retain this amendment in the final plan. In this regard the DoP has provided the following advice:

 

?????? ?The land in Matthew St Scotts Head has been given a Floor Space Ratio of 0.55:1 as exhibited, because it is not appropriate to reduce the floor space ratio applying to land without appropriate community consultation. Council is encouraged to include a floor space ratio of 04:1 in a planning proposal to amend the plan.?

 

Planning Response

 

The provisions of the draft Strategy were included in the exhibited consolidated DCP and therefore it is considered that appropriate community consultation has been carried out and no submissions were received on this matter. Notwithstanding and having regard to the DoP advice, it is recommended that a planning proposal should be submitted to the DoP to reduce the FSR from 0.5:1 to 0.4:1 in accordance with Urban Design Strategy prepared by Bennell and Associates.

 

The proposed amendments to NLEP 2010 relating to the FSR for the Matthew Street precinct may be included in the ?Administration? planning proposal.

 


13??????? Wellington Drive Nambucca Heads

 

In accordance with a previous Council resolution a portion of land bounded by Wellington Drive, Lower Lee St, Buckman Lane, and Bay St Nambucca Heads, a local provision was included in the draft plan to provide a height limit relative to the ?Natural Ground Level? as determined by Council.

 

The DoP has not included the local provision to implement this height limit and provided the following comments:

 

?????? ?The specific means of measuring height of a building on land bounded by Wellington Drive, Lower Lee St, Buckman Lane, and Bay St Nambucca Heads has been omitted. The provisions were inconsistent with the means for measuring the height of a building contained under the Standard Instrument. Council is encouraged to undertake design work to determine the appropriate height of a building above the existing ground level and include this height in a planning proposal.?

 

Planning Response

 

It is recommended that the owner of the land be advised that the draft local provision has not been included in NLEP 2010. The owners should also be advised that if they wish to provide Council with a predetermined height limit based on sound design considerations, Council will consider a future planning proposal to amend the height limit.

 

14??????? Dwelling permissibility in Business, Industrial Zones and Recreational Zones

 

The draft plan included the following objective within the B7; IN1; IN2, SP3; RE1 and RE2 zones:

 

?to enable the erection of a dwelling house where it is associated with or ancillary to another permissible use on the site?

 

The DoP has removed this objective from NLEP 2010 in the respective zones.

 

Planning Response

 

The DoP was of the opinion that Council did not need to specify ancillary uses as an objective and that dwelling houses in the respective zones can be considered as part of a development application under the Environmental Planning and Assessment Act. This means that Council will need to rely on development applications identifying a dwelling house as ancillary to another permitted land use in the business, industrial and recreational zones. It is not considered that any further action is required regarding this matter.

 

15??????? Subdivision of Approved Dual Occupancy

 

Clause 7.2 of draft LEP 2009 allowed subdivision of an approved dual occupancy regardless of the lot size of the land. This clause was replaced with a model provision and included as clause 4(A) of NLEP 2010.

 

Planning Response

 

The intention of the model provision meets the intention of the original draft clause and subsequent Council resolutions. As such, it is not considered that any further action is required.

 

16??????? Use of Certain Land at Mitchells Road Valla

 

Schedule 1 of the NLEP 2010 contains additional permitted uses on certain land. This schedule included certain land at Mitchells Road Valla (Lot 86 DP 755560) which has now been removed by the DoP from the gazetted plan.

 


Planning Response

 

NLEP 1995 Amendment No 48 allowed the subdivision of land comprising an approved multiple occupancy development. The DA for the subdivision has been approved and therefore it is not necessary to include this land under Schedule 1 (Additional permitted uses) of NLEP 2010.

 

Other matters

 

A????????? Clause 4.2 Rural Subdivision

 

Clause 4.2 (3) of the Nambucca LEP 2010 contains provisions to allow subdivision of rural land to a size less than the minimum lot size, as long as the subdivision is for the purposes of primary production, and the resulting lot does not contain a dwelling or a dwelling can not be erected on that lot. This clause states the following:

 

?Land in a zone to which this clause applies may, with consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.?

 

The Nambucca LEP 1995 contained the following similar provision (Clause 12(2)(d)):

 

2????????? Nothing in Subclause (1) prevents the Council from granting consent to an application to create a smaller lot:

 

d??????? ?within Zone No 1(a1), 1(a2), 1(a3), 1(a4) or 7(a), for a permissible purpose other than agriculture, forestry, or a dwelling House?

 

However, the main difference between these two (2) clauses is that the LEP 2010 clause allows a reduced lot size but it needs to be related to primary production where as the Nambucca LEP 1995 allowed the reduced lot size as long as it was associated with a permissible use in the zone.

 

Planning Response

 

Council has received two (2) enquiries regarding this provision since the LEP 2010 was made. The? enquiries were regarding major infrastructure LGA including the Off River Storage Facility and a potential school development in Macksville. On both these occasions the new clause has provided complications to the development process, which would not have occurred under the Nambucca LEP 1995.

 

Although the clause contained within the Nambucca LEP 2010 is a standard clause applied throughout the state, it is recommended that Council resolve to prepare a planning proposal to amend clause 4.2 or include as a new land provision to allow subdivision to occur for development other than primary production.

 

The proposed amendment could something similar to the following:

 

?Land in a zone to which this clause applies may, with consent, be subdivided for the purpose of primary production or other use permissible in the zone, to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.?

 

Clause 4.2 Rural Subdivision ?( Lot 11 DP 805157 Dudley Street Macksville)

 

Further to the above Council has now received a formal request from GEOLINK Planning consultants on behalf of The Trustees of the Roman Catholic Church to consider a Planning Proposal (rezoning) to establish a Catholic Primary school on Lot 11 DP 805157 Dudley Street Macksville NSW (see circulated document).

 

The proposed school will be a new campus of the St Patrick?s Catholic Primary School, which is currently located at 78 Wallace St, Macksville. The Planning Proposal indicates that the existing school site is no longer suitable for the needs of the school, as the site:

?????????????? Is of insufficient size to accommodate necessary upgrades and additions to school buildings to cater for current and predicted pupil numbers;

?????????????? Contains insufficient open space for the recreational needs of the students; and

?????????????? Is segregated/divided by Wallace Street severely reducing its functionality as a school and increasing safety risk of students and teachers.

The subject land is zoned RU1 Primary Production under the NLEP 2010. Educational establishments are permissible with consent in the RU1 zone.

 

The existing site is 12.79ha in size and in order to develop a school on the site it is necessary to subdivide the land to create a lot of 3ha. The 3ha lot will be used for the purpose of constructing and operating the educational establishment. However, as outlined above, there are no provisions within the NLEP 2010 to permit subdivision of the land.

 

The planning proposal aims at allowing a rural subdivision to occur below the minimum lot size if the resulting land is partly used for the development of an educational establishment. The planning proposal provides sufficient supporting information to initiate the planning proposal process with the DoP including:

 

?????????????? A flood investigation;

?????????????? Preliminary Geotechnical and Acid Sulfate Soils Investigation;

?????????????? Preliminary Acoustic Investigation;

?????????????? Traffic Investigation

There are a number of ways that the NLEP 2010 could be amended to allow the subdivision to occur, however the 2 preferred methods are to:

 

1????????? Amend clause 4.2 of the NLEP 2010 to allow subdivision for land to be developed for special purpose developments (previously discussed);

 

2????????? Amend Schedule 1 of the NLEP 2010 to enable Lot 11 DP 805157 Dudley St, Macksville to be subdivided for the purpose of creating a 3ha (or similar sized) allotment for use as an educational establishment.

 

This report recommends Council pursue both options.?

 

By pursuing option 1 (Amendment to Clause 4.2) Council will align clause 4.2 with clause 12(d)(2) in Nambucca LEP 1995. It will also allow other similar developments to occur where the resulting residue land, potentially large portions can continue to be used and managed for rural purposes, in preference to large ?left over? remnants of unmanaged rural land.

 

The DoP may be hesitant in making an amendment to clause 4.2 of the NLEP 2010 (option 1) because such a variation to the standard instrument may have considerable implications for other LGA?s. Therefore Option 2 which would create an additional permitted use on the land through Schedule 1 (as proposed by GEOLINK) presents an alternative option in case the amendment to the Standard Instrument clause is not permitted.

 

In respect of the planning proposal submitted by GEOLINK it is recommended that Council waive fees related to the processing of this proposal until a response is provided by the DoP in respect to option 1 (the amendment to the standard instrument Clause 4.2).

 

This is because if the DoP allow Council to proceed with an amendment to clause 4.2 then an amendment to schedule 1 will no longer be required. Alternatively, should DoP not allow council to proceed with an amendment to clause 4.2 then this planning proposal and other similar proposed amendments to Schedule 1 should be subject to regular fees for processing planning proposals.

 


CONSULTATION:

 

Director of Environment and Planning

Manager of Planning

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The purpose of this report is to advise Council of the amendments made by the DoP to the final NLEP 2010. Environmental matters were considered during the preparation of the draft plan which was largely a transfer from the LEP 1995. None of the amended provisions affect the environmental aspects of the final NLEP 2010.

 

Social

 

The purpose of this report is to advise Council of the amendments made by the DoP to the final NLEP 2010. Social issues were considered during the preparation of the draft plan which was largely a transfer from the LEP 1995. None of the amended provisions to the planning instrument will have a bearing on any likely social impact issues.

 

Economic

 

The purpose of this report is to advise Council of the amendments made by the DoP to the final NLEP 2010. Economic matters were considered during the preparation of the draft plan which was largely a transfer from the LEP 1995. None of the amended provisions will have a significant affect on the economic aspects of the final NLEP 2010. However, some individual landowners may be affected by the amendments made by the DoP by reducing the potential future development/subdivision opportunities for some properties.

 

Risk

 

There is no risk associated with the implementation of NLEP 2010, as gazetted by the Minister.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Planning proposals will require funds for advertising, printing and a facilitator for the reclassification of land.

 

Source of fund and any variance to working funds

 

The Strategic Planning Budget (4010.360.408).

 

Attachments:

1View

20896/2010 - Lot Size changes to Rural Residential zoning LEP 2010

 

2View

21868/2010 - Resolutions and Comments on LEP 2010

 

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General Purpose Committee - 15 September 2010

Nambucca LEP 2010 as made on 30 July 2010

 

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General Purpose Committee - 15 September 2010

Nambucca LEP 2010 as made on 30 July 2010

 

 

Resolution

Comments

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.

 

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.

 

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.

 

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.

 

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

 

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.

 

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.

 

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

 

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.

 

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

 

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.

 

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

 

 

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

 

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.

 

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

 

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.

 

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.

 

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

 

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.

 

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.

 

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

 

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

 

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.

 

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.

 

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.

 

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

 

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

 

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.

 

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.

 

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

 

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

 

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

 

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.

 

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

 

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

 

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.

 

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.

 

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

 

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

 

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

 

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

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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

 

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.

 

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

 

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.

 

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

 

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.

 

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.

 

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

 

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.

 

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.

 

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 propo