NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 20 October 2010

 

 

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

 

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

5??????? DELEGATIONS?Motion to hear Delegations

4??????? General Manager Report

8.1???? Review of Council Policies

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

9.1???? Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

9.2???? Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

9.3???? Report on Contributions to Clarence Regional Library

9.4???? Report on DA 2010/183? 40-42 Liston Street, Nambucca - Demolish 2 Dwellings and Erect 15 Units

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

10.1?? Riverside Drive Landslip at Domain D, Nambucca Heads

10.2?? Drainage issues - Frank Partridge VC Primary School, Nambucca Heads ???

 

 

Time

Description

Where

Item No

Page No

08.30 - 9.30

Review of Policies (Deferred from Sept GPC)

 

Control of Burning Policy Update

CC

8.1

 

9.1

4

 

10

9.30 - 10.30

Part 5 Application for Construction of the Off-River Water Storage (letters sent to objectors)

CC

9.2

20

????????????????????????????????????????? Morning Tea

10.45 -11.30

 

Clarence Regional Library forward plan and budget.

CRL Executive Officer Anne D'Arcy (from Clarence Valley Council) to meet with Council

CC

9.3

89

11.30-12.45

Presentation by applicant followed by on-site inspection DA 2010/183 40-42 Liston Street, Nambucca

Demolish 2 dwellings and erect 15 units

CC & On-site

9.4

101

1.00 ??????????????????????????????????Lunch at V Wall

2.00

Drainage issues - Frank Partridge Street

OS

10.2

128

3.00

Riverside Drive Landslip at Domain D, Nambucca Heads

OS & CC

10.1

124

 

 


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

20 October 2010

General Manager's Report

ITEM 8.1????? SF1031??????????? 201010???????? 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

?- Circularised document - table of policies

 

??


General Purpose Committee - 20 October 2010

Review of Council Policies

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Review of Council Policies

 

 

 

Circularised document - table of policies

 

??Pages

 

??


General Purpose Committee

20 October 2010

Director Environment & Planning's Report

ITEM 9.1????? SF1031??????????? 201010???????? Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

 

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

 

Summary:

 

The NSW Department of Environment and Climate Change (DECC) reviewed the Protection of the Environment Operations (Clean Air) Regulation 2002, as required under the Subordinate Legislation Act 1989, and had released the revised Protection of the Environment Operations (Clean Air) Regulation 2010. Protection of the Environment Operations (Clean Air) Regulation 2002 has been repealed as of 1st? September 2010.

 

Council's Control of Burning Policy has been updated to reflect the new changes to the legislation and comments received following the draft amendments being circulated to Councillors.

 

 

Recommendation:

 

1????????? Council note the changes to repeal the Protection of the Environment Operations (Clean Air) Regulation 2002 with the Protection of the Environment Operations (Clean Air) Regulation 2010 commencing from 1 September 2010.

 

2????????? Council note the changes to the Control of Burning Policy 2009 to reflect legislation change and place the policy on public exhibition in accordance with section 165 and 160 of the Local Government Act 1993.

 

 

OPTIONS:

 

There are no other options

 

 

CONSULTATION:

 

Director Planning and Environment

Manager Health and Building Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

The communities air quality will be improved and a better quality of life will be had by many members of? urban and rural residential areas. Those living with Asthma and respiratory conditions will greatly benefit from improved air quality.

 

Economic

 

There will be no added cost

 


Risk

 

There will be no risk involved

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

20694/2010 - Amended Control of Burning Policy 2010

 

2View

?- CIRCULARISED DOCUMENT - Control of Burning Policy with proposed changes

 

??


General Purpose Committee - 20 October 2010

Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

CONTROL OF BURNING

 

 

 

Function:? Environment and Planning Department

 

 

Adopted:? 15 October 2009

Last reviewed:? 21 October 2010

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

?The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.?

 

 

1.0?????? Policy objective

 

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

 

2.0?????? Related legislation

 

Protection of the Environment Operations Act 1997

Protection of the Environment Operations (Clean Air) Regulation 2010

Rural Fires Act 1997

 

3.0?????? Definitions

 

approval means an approval in force under Division 3 Control of Burning in local government areas

 

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

 

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

 

4.0???????? History

 

The Department of Environment, Climate Change and Water (DECCW) repealed the Protection of the Environment Operations (Control Of Burning) Regulation 2000 and incorporated its provisions as Part 2A of the Protection of the Environment (Clean Air) Regulation 2002. In 2010 the Regulation was reviewed and amended and the control of burning provisions are now under Part 3, referred to from here on as; the Regulation.

 

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

 

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


5.0?????? Policy statement

 

5.1?????? Introduction

 

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

 

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

 

5.2?????? General Obligations

 

The following obligations under the Protection of the Environment Operations (Clean Air) Regulation 2010 apply in all areas of NSW:

 

1?????? Prohibition of burning certain items including tyres, coated wire, solvent containers & residues, paint containers & residues and treated timber ? copper chromium arsenate (CCA) & pentachlorophenol (PCP); except where exempted in accordance with Clause 9 and 11(2-5) of the Regulations.

 

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

 

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

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

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

 

 

5.3?????? Local Obligations

 

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

 

5.3.1?????? Burning of Domestic Waste

 

Council is listed under schedule 8 Part 3 of the Regulation that deals with all burning

a?????? Burning of domestic waste is prohibited throughout the Shire however the Regulation allows for the burning of domestic waste where there is no domestic waste collection service available (Clause 12(5).

 

b?????? Council discourages the burning of domestic waste in all circumstances.

 

5.3.2?????? Burning of Vegetation

 

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

 

Council has applied the controls on burning vegetation only to the area within towns, villages and known urban and rural residential zonings. Any persons wishing to burn vegetation in an area identified in bold yellow on the maps, that form part of this policy, must submit a written application to Council. This policy constitutes an approval to burn under Clause 13(2-4) of the Regulation.

 

Council has delegated, to the Rural Fire Service (RFS), authority to issue approvals to burn domestic waste and vegetation. Burning of vegetation (subject to the general obligations) is permitted other than within the urban and rural residential areas (Bold yellow on maps).

 

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

 


5.3.4?????? General Exceptions

 

The Regulation exempts:

 

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

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

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

 

5.3.5?????? Specific Exemptions

 

It is not an offence under Clause 12(4) of the Regulation:

 

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

 

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

 

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

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

iii?????? The burning of pasture for regenerative purposes, or

 

c?????? To burn anything for the purposes of the giving of instruction in methods of fire fighting by any of the following persons when acting in his or her official capacity:

 

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

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

iii?????? An industrial fire control officer, or

 

d?????? To burn anything under the authority of, and in accordance with, a bush fire hazard reduction certificate issued under the Rural Fires Act 1997, or

 

e?????? to burn anything in an incinerator that is authorised or controlled by a licence under the Act, or

 

f??????? to burn anything in an incinerator that:

i??????? is equipped with a primary and secondary furnace, and

ii??????? is designed, maintained and operated in a manner that ensures the maintenance of appropriate temperatures for the complete combustion of anything that the incinerator is designed to burn and prevents the escape of sparks or other burning material, and

iii ????? is equipped with suitable equipment that is designed, maintained and operated for the purposes of controlling air impurities in the exhaust gas once the incineration process has been completed, and

iv ????? is not installed in a residential building comprising home units, flats or apartments, or

 

g?????? to burn air impurities by the process known as flaring if the flare is designed, maintained and operated so as to prevent or minimise air pollution.

 

 

The Regulation also provides exemptions for:

 

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

b?????? Flaring of waste gasses.

 

For details please contact Council.

 

 


5.4???????? Health and Other Issues

 

a?????? There are provisions in the Protection of the Environment Operations Act 1997 that enables Council?s authorised officers to require extinguishment of any fire, which the officer can confirm is causing a serious risk to the health of any person. A similar provision applies where it can be confirmed that a fire is not conducted in such a manner as to minimise air pollution.

 

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

 

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

 

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

 

 

5.5???????? Penalties

 

Council authorised officers and certain officers of other authorities, are empowered to serve Penalty Notices where it can be established there has been a breach of the Regulation. Penalties are set by the The Protection of the Environment Operations Act 1997.

 

 

5.6???????? Bushfire Danger Period

 

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

 

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

 

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

 

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

 

The onus is on the holder of the permit to ensure that the conditions on the day are conducive to lighting a fire.

 

 

5.7???????? Bushfire Hazard Reduction (BHR)

 

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

 

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

 

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

 

?? is to be undertaken in native vegetation,

?? will threaten endangered species,

?? results in soil erosion,

?? results in air or water pollution.

 

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

 

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

 

 

5.8???????? Approvals For Burning Activities

 

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

 

Type of Burning Activity

Type of Approval Required

Where to Obtain Approval

Hazard reduction burn

Hazard Reduction Certificate or other environmental approval as advised

Rural Fire Control Centre

Pile burn

Control of Burning approval

NSC, DECCW & RFS (outside NSC marked area)

Bonfire

Control of Burning approval

NSC, DECCW & RFS (outside NSC marked area)

Burning of windrows

DA, Control of Burning approval

NSC, DECCW

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

Not required

-

Burning in an incinerator

Control of Burning approval if material to be burnt includes vegetation

NSC, DECCW

Burning charcoal

Not required

-

Burning domestic waste (other than vegetation)

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

-

Burning to demolish a building or other building materials

Not required

-

Burning to destroy sawmill waste material

DA, Control of Burning approval

NSC, DECCW

Lighting fires to produce charcoal

Control of Burning approval

NSC, DECCW

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

Not required

-

Camp fire for cooking or heating

Not required

-

Burning of:

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

?? Coated wire

?? Paint containers and residues

?? Solvent containers and residues

?? Treated timber

Prohibited

-

Burning to clear native vegetation

Approval under the Native Vegetation Act 2003

DECCW

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

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

NSW Rural Fire Service/NSW Fire Brigades

IMPORTANT

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

 

 


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

 

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

 

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

 

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

 

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

 

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

 

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

b?????? Proximity of neighbour?s house

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

 

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

 

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

 

 

SAMPLE PUBLIC NOTICE

 

Council is in receipt of two applications to burn under the Protection of the Environment Operations (Clean Air) Regulation 2010. The applications relate to stockpiles of dry vegetative material on Lot 2 in DP 2002808 Tilly Willy Street, Macksville (applicant, Australian Rail Track Corporation Ltd) and Lot 62 in DP 2068432 Florence Wilmont Drive, Nambucca Heads (applicant, Mr John Citizen). Should you wish to make submissions regarding these applications you should do so in writing, addressed to:

 

General Manager

Nambucca Shire Council

PO Box 177

MACKSVILLE? NSW? 2447.

 

Submissions will close at 4:00 pm on Thursday, 30 June 2010.

 

 


General Purpose Committee - 20 October 2010

Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

 

 

Contact Details:

Postal Address:  PO Box 177, Macksville NSW 2447

Telephone:  (02) 6568 0240

Facsimile:   (02) 6568 2201

 

Office Location:

44 Princess Street, Macksville NSW 2447

Website:

www.nambucca.nsw.gov.au

 

Email:

council@nambucca.nsw.gov.au

 

Updated:? 21 October 2010

 

Burning in Nambucca Shire Application Form

 

Applicant:

 

 

Postal Address:

 

 

Phone Number:

 

?? ?Email Address:

 

Property Details:

 

Lot/Portion & DP No:

 

 

 

Road/Street:

 

 

 

Property Owner:

 

Proximity of Neighbours? House/Fence:

 

 

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

 

 

 

 

 

 

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

 

 

 

 

 

 

Applicant?s Signature:?

 

Office Use Only

 

 

Fee :? ??????? On Application

Account number:?

 

 

Date Paid:???? _____/_____/_____

 

 

Receipt No:? _____________

 

 

?


General Purpose Committee - 20 October 2010

Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Control of Burning Policy Update due to Recently Released Protection of the Environment Operations (Clean Air) Regulation 2010 Legislation

 

 

 

CIRCULARISED DOCUMENT - Control of Burning Policy with proposed changes

 

??Pages

 

?


General Purpose Committee

20 October 2010

Director Environment & Planning's Report

ITEM 9.2????? SF1455??????????? 201010???????? Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council has been progressing with the Bowraville Off-River Storage Dam and Associated Works as a component of the Integrated Water Cycle Management (IWCM) Strategy to secure its water supply for now and into the future.

 

Council commissioned GHD in 2008 to prepare an Environmental Impact Statement (EIS) for the proposed activity and works pursuant to Part 5 of the Environmental Planning and Assessment (EP&A) Act.

 

The EIS was publicly exhibited in accordance with the requirements of the EP&A Regs between 20 October and 15 December 2009 with submissions being accepted up to 15 January 2010. Following formal request the General Manager permitted an extension of 14 days for a submission from the Nambucca Valley Conservation Association.

 

Five (5) private submissions were received along with three (3) Government Agency submissions. GHD considered these submissions in their report "Bowraville Off-River Storage and Associated Works ? Submissions Report ? March 2010" a copy of the Submissions Report and the individual Submissions are attached.

 

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

 

Recommendation:

 

1????????? That Council approve the Activity (Bowraville Off-River Storage Dam and Associated Works) under Part 5 of the Environmental Planning and Assessment Act, being the Bowraville Off-River Storage Dam and Associated Works as outlined and addressed in the Environmental Impact Statement prepared by GHD dated October 2009.

 

2????????? The Activity (Bowraville Off-River Storage Dam and Associated Works) being constructed in accordance with the requirements and mitigation measures identified in the Environmental Impact Statement prepared by GHD dated October 2009 and the Bowraville Off-River Storage and Associated Works Submissions Report ? March 2010 prepared by GHD and all subsequent Licences, Approvals and Permits issued by the various state government agencies for the activity and inclusive of the following conditions.

 

3????????? A detailed Project Implementation Management Plan being prepared by a duly qualified and experienced expert consultant or Agency, outlining the timing, processes and procedures for the works, including licences, permits and approvals still to be obtained and the implementation of the mitigation measures identified in the EIS and Submissions Report. The Project Implementation Management Plan is to be submitted to and approved by Council's Water and Sewerage Projects Steering Committee prior to any works commencing on site.

 

4????????? The Project Implementation Management Plan shall be a ?live? document and shall include as components, the Environmental Management Plan, Construction Environmental Management Plan, Project Waste Management and Minimisation Plan, Soil Erosion and Sedimentation Management Plan, a Community Engagement and Consultation Plan all as recommended in the EIS.

 

5????????? Dilapidation inspection reports are to be undertaken on those dwellings and structures identified in the EIS that may be at risk from damage due to vibration from the construction phase of the project. The reports are to be undertaken and submitted to Council prior to any works commencing on this project.

 

6????????? Should the detailed design identify alternative construction methods or processes not considered in the original EIS, a specific Statement of Environmental Effects will need to be prepared for that alternative component to demonstrate that no significant environmental impact will result.

 

7????????? Council shall establish a River Monitoring Committee to oversee the preparation, implementation, monitoring and review of the Operational Adaptive Management Strategy generally as outlined in the EIS. This Committee to remain in place for up to 2 years or upon the establishment of a reasonable statistical baseline, confirmation of the frequency and locations of the monitoring regime and final agreement being achieved between Council and the relevant Government Agencies of the adequacy of the Operational Adaptive Management Strategy.? The composition of the Committee is to be the subject of a further report to Council.

 

From General Manager

 

8????????? That Council acknowledge that a reduction in the scope of the activity, for example by reducing the size of the dam and/or borefield, will not require additional environmental assessment as it is within the parameters of the project considered in the EIS.

 

 

OPTIONS:

 

Council could choose not to approve the Part 5 Activity or defer a decision.

 

Comment by General Manager

 

As indicated in the environmental assessment, the Part 5 activity needs to be assessed against its environmental impact, the representations which have been made and the proposed mitigation measures.?

 

If for whatever reason the project is not approved and remains undetermined for a period of time, there will be additional costs incurred in updating the EIS to ensure it properly considers the current environmental law.

 

There are also issues in delaying the Part 5 Approval.? The Commonwealth Government has indicated it is considering making available a $10m grant for the project but this will be conditional upon securing relevant planning approvals.? Assuming the funding is provided it will need to be spent by 30 June 2012 as the program is due to lapse at that date.

 

Given the timing of grant funding, consideration also needs to be given to the timing of required on-ground work.? For example, the EIS and the NSW Department of Environment and Climate Change identify that timing of the clearing of the site should not be in the colder months of the year when fauna may be in torpor, less active and as a result, less willing to relocate.? Moreover spring is a period when winter breeding fauna may still have dependant young while it is breeding time for spring breeding fauna and thus also an inappropriate time for clearing.? Therefore the best times for clearing are either summer or autumn.?

 

Following clearing a reasonable period is required to establish the site and control any soil erosion.? If consideration is to be given to construction of the dam commencing in late 2011 to meet the Commonwealth Government?s grant requirements, then consideration needs to be given to clearing the site in the forthcoming summer and autumn period.

 

DISCUSSION:

 

Council has been progressing with the Bowraville Off-River Storage Dam and Associated Works as a component of the Integrated Water Cycle Management (IWCM) Strategy to secure its water supply for now and into the future.

 

A Technical Committee was established and regular monthly meetings were held which included representatives of a large number of Government Agencies in the lead up to finalisation of broad design parameters for the location and construction of an Off-River water storage dam and associated works proposed near Bowraville.

 

The Technical Committee sought the project to be dealt with by the Minister for Planning Under Part 3A of the Environmental Planning and Assessment Act as a Major Project. The Department of Planning advising that whilst it is a significant project it should be dealt with by Council under Part 5 of the EP&A Act.

 

Council at its Special meeting of 23 July 2008 resolved to commission GHD to prepare an Environmental Impact Statement (EIS) for the proposed activity and works pursuant to Part 5 of the Environmental Planning and Assessment (EP&A) Act.

 

The preparation of the EIS included detailed meetings, discussions and exchange of information between the Consultants, the Project Manager and the relevant Government Agencies as well as the Technical Committee. The EIS was subsequently completed and was publicly exhibited in accordance with the requirements of the EP&A Regs between 20 October and 15 December 2009 with submissions being accepted up to 15 January 2010. Following formal request the General Manager permitted an extension of 14 days for a submission from the Nambucca Valley Conservation Association.

 

The EIS was widely distributed as outlined in the attached "Distribution of EIS" table.

 

Five (5) private submissions were received along with three (3) Government Agency submissions. GHD considered these submissions in their report "Bowraville Off-River Storage and Associated Works ? Submissions Report ? March 2010".

 

The EIS identifies the potential impacts due to the activity and associated works providing a very large range of mitigation measures to be implemented prior to any work commencing, during the construction phase and post completion of the project.

 

Additional mitigation measures have been recommended in the Submissions Report in response to the matters raised during the exhibition period and submissions received. Should the project and associated works be approved by Council, all mitigation measures and recommendations outlined in the EIS and Submissions Report would form the basis of the conditional approval.

 

ENVIRONMENTAL ASSESSMENT

 

Section 243 of the Environmental Planning and Assessment Regulations 2000 requires a Report to be prepared for activities to which the environmental impact statement relates as outlined below:

 

1??????? A determining authority for an activity must prepare a report on any activity for which an environmental impact statement has been prepared.

 

2??????? The report must be prepared as soon as practicable after a decision is made by the determining authority to carry out or refrain from carrying out the activity or to approve or disapprove the carrying out of the activity.

 

3??????? The report must comment on, and have regard to, each of the following matters:

 

a????? the environmental impact statement,

b????? any representations duly made to it about the proposed activity,

c????? the effects of the proposed activity on the environment,

d????? the proponent?s proposals to mitigate any adverse effects of the activity on the environment,

e????? the findings and recommendations of:

i?????? any report given to it by the Director-General under Section 113 of the Act, and

ii?????? any advice given to it by the Minister under Section 114 of the Act, and

iii????? any review by the Planning Assessment Commission,

 

with respect to the proposed activity.

 

4??????? The report must also give full particulars of the determining authority?s decision on the proposed activity and, if the authority has granted approval to the carrying out of the activity, any conditions or modifications imposed or required by the authority in connection with the carrying out of the activity.

 

5??????? The determining authority must make the report public as soon as practicable after it has been completed and must send a copy of the report to the council of each area that is, or would have been, affected by the activity.

 

6??????? The requirements of subclause (5):

a????? are subject to any prohibition or restriction arising from a direction under activity 268U, but to the extent only of the prohibition or restriction, and

b????? do not apply to an activity to which Division 4 of Part 5 of the Act applies.

 

CONSIDERATION

 

S243 3a (EP&A Regs 2000), the environmental impact statement:

 

The Director-General of the Department of Planning provided his Requirements for the preparation of the EIS on 6 May 2008.

 

A number of other agencies were requested to provide their requirements for the EIS by letter dated 22 October 2008. The following agencies responded with their specific written requirements:

 

?????????????? NSW Department of Primary Industries ???????????????? 24 November 2008;

?????????????? DECC? ????????????????????????????????????????????????????????????? 27 November 2008;

?????????????? Northern Rivers CMA ????????????????????????????????????????? 26 November 2008;

?????????????? Forests NSW ???????????????????????????????????????????????????? ??7 December 2008;

?????????????? NSW Health (North Coast Area Health Service) ???? 27 April 2009.

 

The preparation of the EIS included detailed meetings, discussions and exchange of information between the Consultants, the Project Manager and the relevant Government Agencies as well as detailed discussions at the Technical Committee meetings.

 

The final Draft EIS was endorsed by the Technical Committee and presented to Council at its meeting on 15 October 2009 when it was resolved:

 

1????????? That Council place the draft Environmental Impact Statement on public exhibition for a period of 8 weeks to run from 20 October to 15 December 2009.

 

2????????? That the deadline for receipt of submissions be set at 15 January 2010.

 

3????????? That all submissions received as a result of the Environmental Impact Statement exhibition be recorded and forwarded to GHD for comment and assessment for inclusion in the final report as deemed appropriate.

 

S243 3b (EP&A Regs 2000), any representations duly made to it about the proposed activity

 

The EIS was widely distributed as outlined in the attached "Distribution of EIS" table.

 

During the exhibition period five (5) private submissions were received along with three (3) Government Agency submissions.

 

GHD considered each of these submissions in the attached report "Bowraville Off-River Storage and Associated Works ? Submissions Report ? March 2010".

 

All submissions are attached for Council's information and referenced in the order as appearing in the Submissions Report, ie:

 

?????????????? Department of Environment, Climate Change and Water (included in Submissions Report)

?????????????? Department of Industry and Investment (included in Submissions Report)

?????????????? NSW Office of Water (included in Submissions Report)

?????????????? Submission 1 - Ken Baldwin

?????????????? Submission 2 - R & C Laxton

?????????????? Submission 3 - D & A McKay

?????????????? Submission 4 - Nash Raymond

?????????????? Submission 5 - Nambucca Valley Conservation Association

 

GHD have identified the issue/s in the submission, made comment on the identified issue and provided a specific comment and any action or mitigation measure to address the issue. Where the issue is outside the scope of the EIS the matter has been noted.

 

S243 3c (EP&A Regs 2000), the effects of the proposed activity on the environment

 

The EIS has outlined the anticipated effects of the Off-River Storage Dam and Associated Works on the environment, based on a range of onsite measurements, investigations, modelling, surveying, testing and also review of a wide range of data and previous reports including previous ecological studies and investigations undertaken in the area.

 

All of which have been specifically identified and referenced in the EIS.

 

The EIS does identify that some estimates of impacts will require further base level data monitoring and ongoing monitoring and management through an Adaptive Management Strategy (AMS) being developed.

The AMS is somewhat of an unknown quantity as it is a Strategy yet to be developed and will require ongoing adjustment as more information becomes available.

 

The EIS has determined that the effects of the proposal will not have a significant impact under the provisions of the Environment Protection Biodiversity and Conservation Act 1999 and Threatened Species Conservation Act 1995. It identifies a number of permits and Licences will be required to implement the mitigation measures further reducing the effect of the proposal. Licences under Fisheries Management Act 1994, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997 and the Water Management Act 2000 will all need to the negotiated prior to works commencing on site

 

The preparation of an Operational Adaptive Management Strategy has been identified as an ongoing management tool to ensure that any effects due to the completed proposal are able to be managed through flexible actions to address or redress any impact that may have been understated or a new effect as a result of the completed development.

 

The Consultants have concluded that there are no identified or potential impacts that cannot be managed that would make the proposal prohibitive.

 

S243 3d (EP&A Regs 2000), the proponent?s proposals to mitigate any adverse effects of the activity on the environment,

 

The EIS provides a number of recommendations, some of which have been further refined in the Submissions Report to mitigate the impacts of the proposal. Whilst not all issues have been finalized there are several recommendations that require further discussion and negotiation with Government Agencies prior to final Licences, Permits and Approvals being issued by those agencies. Many of these matters cannot be addressed until detailed final designs are prepared and others being addressed in the Environmental Management Plans required for the development for pre-commencement, during construction and post development.

 

The EIS outlines the preferred monitoring locations to monitor Water Quality, Flow rates, Surface Water and Instream Ecosystem Health for the Adaptive Management Strategy (Table 24-6 pp 24-35 EIS). The EIS also identifies Indicative Operational Adaptive Management Monitoring Parameters, Effort, Triggers and Response which will be the starting point for the development of the Adaptive Management Strategy.

 

The EIS recommends that a River Monitoring Committee be established as a Committee of Council. It is recommended that the Committee be formed as an Expert Panel at which the monitoring regime would be reviewed and amended/adjusted based on the outcomes of the monitoring. The indicative sampling locations and monitoring areas as recommended in the EIS would be subject to the Panel's regular review.

 

The EIS identifies that after 2 years of sampling or upon the formulation of a reasonable statistical baseline, the frequency and locations of the monitoring could be reviewed subject to agreement between the relevant Government Agencies and Council.

 

The Consultants are satisfied that all of the matters identified to be further addressed can be achieved during the next phase of the proposal.

 

Comment by General Manager

 

Following the Value Management Workshop to review the IWCM and the project on 12 May 2010, there is a reasonable level of confidence that the dam can be reduced in size to 4,500 ML from the 5,500 ML proposed in the EIS and also that the number of additional bores can be substantially reduced from that proposed in the EIS.? All of these changes will either reduce or not increase the impact of the proposal, and as a consequence will not require further environmental assessment.

 

S243 3e (EP&A Regs 2000), the findings and recommendations of:

 

i?????????? any report given to it by the Director-General under Section 113 of the Act

 

The proposal's impact and effect on the environment assessed under the EIS determined that it will not have a significant impact on critical habitat, threatened species, populations or ecological communities, or their habitats under the provisions of the Environment Protection Biodiversity and Conservation Act 1999 and Threatened Species Conservation Act 1995.

 

A copy of this report, submissions and attachments were referred to the Director-General pursuant to Section 113 (3) of the Act on 24 September 2010.

 

ii????????? any advice given to it by the Minister under Section 114 of the Act

 

The Minister did not request that the proposal be referred to the Planning Assessment Commission for review.

 

iii???????? any review by the Planning Assessment Commission

 

Not applicable.

 

 

CONSULTATION:

 

Consultants GHD

Department of Commerce

Representatives of the Technical Committee

Representatives of the Steering Committee

Government Agencies

The wider community through the public exhibition period

General Manager

Manager Water and Sewerage

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The EIS prepared for the proposed Off-River Storage Dam and Associated Works addresses the Environmental Impacts and identifies the mitigation measures required to address the impacts.

 

 

Social

 

The EIS prepared for the proposed Off-River Storage Dam and Associated Works addresses the Social Impacts and identifies the mitigation measures required to address the impacts.

 

 

Economic

 

The EIS prepared for the proposed Off-River Storage Dam and Associated Works addresses the Economic Impacts and identifies the mitigation measures required to address the impacts.

 

 

Risk

 

The drought of 2002/2003 identified a real need for Council to move to protect its water supply during a severe drought. The risk of no guaranteed supply of water in such events provides a considerable health and liability risk for Council and its community.

 

There remains an unknown risk and that is the cost and requirements of some aspects of the proposal which are yet to be finalised most importantly the risks with the Operational Adaptive Management Strategy and the operational costs associated with the project.

 

Comment by General Manager

 

In 2004, Council agreed there was a need to secure the short and long term sustainability and security of the valley?s water supply.? This decision was made following the 2002/2003 drought which indicated that the water supply had come close to complete failure, with estimates of as little as 60 days water supply possibly remaining.? Council then considered 14 potential scheme options including on and off river dams, transfer pipelines and desalination.? Council then short listed 6 options, five of which were variations on an off river dam at Bowra Creek whilst the sixth was a seawater desalination plant.? From the shortlisted options, Council then determined the preferred option which is the subject of this EIS.

 

There has been considerable discussion at Water and Sewerage Projects Steering Committee meetings concerning the risks associated with an off river dam.? Notwithstanding the previous decision which identified the proposed off river dam as the preferred option, there have been additional reports on the comparative risks associated with an on-river dam.? The risks associated with an on river dam are very significant, particularly in relation to social and environmental considerations.? Given that the off river dam has been in pre-construction planning for 5 years, the pre-construction planning for an on river dam would be at least as long with no guarantee of approval.

 

There will be risks associated with any solution but all of the available evidence to date indicates that our water supply is highly vulnerable to drought and that additional water supply security for the existing population should be provided as soon as possible.? The EIS indicates that a ?do nothing? option would mean the Nambucca LGA:

 

?????? ?runs the risk of poor water security particularly during drought periods;

?????? would face increased probability of water restrictions being enforced during drought periods;

?????? could not accommodate the predicted population growth over the next 40 years.? This would have flow on effects on industry, commerce and ultimately employment;

?????? faces on-going environmental impacts associated with the potential over-use of water resources within the Nambucca River due to the lack of controls over environmental flows; and

?????? community may be forced to invest in alternative emergency water sources of water which would require substantial financial commitment both in terms of capital investment and recurrent operating costs.?

 

Undue delay in finalising project approval will also put at risk a $10m grant from the Commonwealth Government and make it more difficult to maintain the established budget of $54m.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget for the preparation of the EIS has been provided for in Council's Water Fund.

 

Comment by General Manager

 

A report on the modified IWCM and its implications for typical residential water bills and developer contributions will be reported to Council within the next month.? The issue of project approval does not of itself commit Council to further expenditure.? The necessary commitment of expenditure to detailed design, site clearing and construction will be the subject of separate reports to Council.

 

Source of fund and any variance to working funds

 

This report has no impact on working funds

 

Attachments:

1View

26762/2009 - Copy of Distribution list for EIS

 

2View

849/2010 - Submission in relation to EIS Bowraville off-river storage - R & C Laxton

 

3View

933/2010 - Submission in relation to EIS - Bowraville Off-River Storage and Associated Works - Nash Raymond

 

4View

938/2010 - Submission in relation to EIS - Bowraville Off River Storage and Associated Works - David & Alison McKay

 

5View

989/2010 - Submission in relation to Off-River Storage Environmental Impact Statement - K Baldwin

 

6View

2021/2010 - Late submission in relation to EIS for off-river storage - Nambucca Valley Conservation Association

 

7View

23413/2010 - Bowraville Off-River Storage and Associated Works Submissions Report

 

8View

24077/2010 - Response - NSW Office of Water's Adaptive Management Guidelines

 

??


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

Distribution of EIS

 

Department/Company

Hard Copy

GHD Supplied

CD

When

Distributed By

Cr Hoban

1

1

1

15 October

RS - NSC

Cr Ainsworth

1

1

1

 

RS

Cr Ballangarry

1

1

1

 

RS

Cr Flack

1

1

1

 

RS

Cr Smyth

1

1

1

 

RS

Cr South

1

1

1

 

RS

Cr Court

1

1

1

 

RS

Cr Finlayson

1

1

1

 

RS

Cr Moran

1

1

1

 

RS

Richard Spain - NSC

1

1

1

 

RS

Council Planner

1

1

1

 

RS - NSC

Public Works

1

1

2

 

Public Works

TLC ?? Office of Water?

1

1

4

 

PW

DECCW

0

0

1

 

PW

Department of Health

0

0

1

 

PW

Forests NSW

0

0

1

 

PW

Dept Planning

0

0

1

 

PW

CMA

0

0

1

 

PW

Country Energy

0

0

1

 

PW

DPI Fisheries ? M Riches

0

0

1

 

PW

ALC ? Dept Aboriginal Affairs

0

0

1

 

PW

Trish Walker - NSC

0

0

1

 

PW

Bowraville Aboriginal Lands Council

1

1

1

 

PW

Gumbaynggirr Owners Group

0

0

1

 

PW

Ngurralla Aboriginal Corporation

0

0

1

 

PW

MiiMi Mothers Corporation

0

0

1

 

PW

KJA

0

0

1

 

Public Works

Macksville Council Chambers

1

1

1

 

RS - NSC

Bowraville Council Office

1

1

1

 

RS

Scott?s Head

1

1

1

 

RS

Valla Beach

1

1

1

 

RS

Library 1

1

1

1

 

RS

Library 2

1

1

1

 

RS

Media release

0

0

5

 

RS - NSC

TOTAL

20

20

42

 

 

Unallocated

10

 

38

 

 

Note: 1 unbound copy to NSC and Public Works

?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 




?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 



?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 


?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 





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General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

 

 

 

 

Placeholder for Attachment 6

 

 

 

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

 

 

Late submission in relation to EIS for off-river storage - Nambucca Valley Conservation Association

 

??Pages

 

?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

?


General Purpose Committee - 20 October 2010

Bowraville Off-River Storage and Associated Works, Part 5 Activity Consideration Report

 

?


General Purpose Committee

20 October 2010

Director Environment & Planning's Report

ITEM 9.3????? SF29??????????????? 201010???????? Report on Contributions to Clarence Regional Library

 

AUTHOR/ENQUIRIES:???? Coral Hutchinson, Manager Community and Cultural Services ????????

 

Summary:

 

Ms Anne D?Arcy from Clarence Valley Council (Executive Officer of Clarence Regional Library), will be in attendance for a discussion on CRL matters which will include a presentation to Council. Ms D?Arcy will provide information to Council to show the outcomes from different levels of financial investment in library services.

 

There are two key areas to be discussed:

 

1????????? Council?s financial support for Clarence Regional Library (CRL) and its intentions in the upcoming and future budgets.

 

Over recent years, Clarence Valley Council (CVC), as Executive Council for Clarence Regional Library, has been requesting increased annual funding of 10% per capita from the CRL council members ie. Nambucca, Bellingen and Clarence Valley. Council resolved in April 2010 that representatives of the library partners would meet and discuss their future financial commitment to library services. This item is intended to provide some guidance to Council?s General Manager and others who will be involved in those discussions.

 

2????????? The minutes of the Clarence Regional Library Advisory Committee (CRLC) meeting of 6 August 2010, which are attached for Council?s information.

 

Whilst the Minutes don?t contain any recommendations to Nambucca Shire Council, they are usually presented to Council for information. Further, as they contain matters which cross over with Point 1 above, it was appropriate that they become part of this report.

 

 

Recommendation:

 

1????????? That Nambucca Shire Council works with its Clarence Regional Library partner Councils of Bellingen and Clarence Valley to develop a new Library Agreement beyond 2011 and that the Agreement be tied to the local government Integrated Planning timeframes and therefore the cycle of local government elections.

 

2????????? That increases in library funding be detailed in a new agreement at rate pegging plus an annually agreed percentage; and further where Councils can?t agree on the additional percentage and decide on differing amounts an average of those percentages be used to calculate the contributions.

 

3????????? That the minutes for the Clarence Regional Library Advisory Committee meeting held 6 August 2010 be noted together with advice of the allocation to Clarence Regional Library for 2010-11 following release of the 2009 Estimate Resident Population.

 

 

OPTIONS:

 

There are numerous options available to Council and its partners in the CRL. Different allocations in funding will each provide a different level of library services and outcomes.

 


DISCUSSION:

 

Council?s Financial Commitment to CRL

 

In preparing for its 2010-11 budget, Council received a request from the Library Advisory Committee and Clarence Valley Council to again increase its allocation to the Regional Library by 10% per capita. Council may recall that it initially supported a 4% increase, whilst Bellingen and Clarence Valley agreed to the 10% increase. This resulted in significant debate about contributing equally to receive equal levels of library services.

 

Although Nambucca Shire Council eventually agreed to the 10% increase for 2010-11, Council decided that there should be a more co-ordinated approach by the three Councils involved in the CRL and resolved as follows at its 15 April 2010 meeting:

 

That Council arrange to meet with representatives from the other two Councils within the next twelve months to discuss the future of the Clarence Regional Library particularly in relation to the 10% per capita contribution increase.

 

Note: at the same meeting, Council also confirmed its commitment to the regional library model (see comments later in this report).

 

Preparations for the 2011-2012 budget are fast approaching, therefore discussions with Nambucca?s partners in the CRL will soon be needed to gauge whether the other Councils are intending to continue increasing their allocations to the regional library and if so by how much.

 

So as to guide these discussions, this report seeks some indication from Council as to its likely response to future requests for increases in funding to Clarence Regional Library.

 

The key issues are: should the local government library partners continue to increase their financial allocations to the CRL and if so by how much, for how long? If there aren?t increases in investment in library services, what type and level of services will we have, and will that be acceptable to Council and the Nambucca Shire community (and also the communities of Bellingen and the Clarence Valley)?

 

A draft CRL budget for the current financial year is attached for Council?s information and to guide discussions.

 

Note: The Budget will be presented to the Advisory Committee at its next meeting which will be held at Bellingen Shire Council on Friday 5 November 2010.

 

From researching Council?s files, it appears that needing to significantly increase contributions to CRL became obvious in developing the 2005-06 Library Budget where reports showed a real decline in the quality, age and number of books being purchased from the book vote. Further evidence of the need for a serious increase in library funding came as a result of a review of CRL services by the State Library of NSW. The 2006 report identified a number of areas where CRL was well below the state average for library services, and areas which required improvement in order to continue to receive the annual State Government Library Subsidy, now some $61,000. It appears the library services had deteriorated due to increasing costs and a number of years of lack of investment from the member councils.

 

The 2006 Review showed that CRL had 1.8 items per head of population when the State average was 2.5 and the median was 2.3. Further, the acquisition rate was 7,096 in 2003-04 when the recommended rate by Australian Library and Information Association (ALIA) for the population size was 12,100. The age of the collection also rated poorly in comparison to the State and national averages. In 2003-04, 39% of the collection was more than 10 years old when the State average was 10%.

 

The Regional Library Committee began formulating a plan to address the Library?s shortcomings and at the meeting of 23 June 2006, the Committee decided:

 

That the final draft budget incorporating a 10% increase in each member Council?s contributions for the Clarence Regional Library for 2006-2007 be adopted.

 

Although the minutes don?t record the details of the discussion between council delegates, it is understood that there was a verbal agreement that they would advocate 4 years of 10% increases to improve the Library?s standard of service.

 

Incidentally at this same time, the State Library advised that the Clarence Regional Library Agreement did not comply with the Library Act and therefore subsidy payments would cease if the Agreement was not made compliant. A review of the Library Agreement was subsequently undertaken.

 

The key issues were:

 

1????????? More needed to be invested in purchasing book stock to keep pace with increases in purchase prices and also to improve the quality and age of the collection.

2????????? Older books required weeding ? particularly an issue for non-fiction.

3????????? There needed to be a sustained investment in the library collection in order to see any real improvements.

4????????? The variety of collections being offered was not keeping pace with modern library standards, eg CRL is one of the few library systems not to offer DVDs or recorded music for loan.

 

In the years since, the CRLC has made a concerted effort to advocate and plan for an improved library collection, and in 2008 developed a 10-Year Strategic Plan. A report presented to the Committee on 23 May 2008 demonstrated the long-term impact of investing in the collection at a rate of approximately the CPI (3.5% at the time) versus a 10% increase. The report also forecast the results from increasing investment in operations and the book vote at different rates (say 3.5% for operations and 10% for the book vote). The outcome however was that over a 10-year period, a 10% increase per annum per capita yields the best results in terms of: collection size, collection age, and reaching the recommended acquisition rate; although even at this rate, the CRL would still not equal the State average items per capita at the end of 10 years.

 

The Library Agreement

 

The current Library operations are underpinned by a five-year agreement which outlines the extent of delegations to the host Council (Clarence Valley) and also what is required of member Councils. The current Agreement was entered into on 1 November 2006 (following advice from the State Library that it was non-compliant) and expires 1 November 2011.

 

The Agreement was presented to the Committee on 23 June 2006, with the minutes of that meeting being noted by Nambucca Shire Council on 7 September 2006. The Agreement marked significant changes in the way library operations were managed and minutes recorded matters such as:

 

1????????? Regional library services would be provided by Clarence Valley Council, rather than being run by the Library Committee (note: the Committee has no delegations of authority);

2????????? Nambucca and Bellingen Councils would delegate certain of their services to CVC;

3????????? The Committee becomes an Advisory Committee with ultimate decisions being made by CVC; and

4????????? Councils would be responsible for their own equipment including computer hardware/software.

 

Whilst the Agreement mentions finances, it does not set out the amount of contributions from the member councils, rather it sets out how those amounts are determined. Refer to the following clauses:

 

?5.1????? Clarence Valley Council shall prepare a draft Management Plan and budget for the Regional Library each year and submit that draft to the CRLC for its consideration. The CRLC may make recommendation to Clarence Valley Council on changes it considers should be made to the draft and Clarence Valley Council shall consider these recommendation when adopting that budget.

 

5.2?????? The Delegating Councils shall make a payment each year to Clarence Valley Council for the Regional library. The amount payable shall be determined in the annual budget for the Regional Library and for each Delegating Council shall be calculated on a per capita basis plus the subsidy receivable from the State Government. Clarence Valley Council shall also contribute toward the budget on a per capita basis plus the subsidy receivable from the State Government. ?

 

Now that the Regional Library has had the benefit of a number of years of increases in council allocations, its overall ranking, together with the quality of services has improved. Consequently at the CRLC meeting held on 26 March 2010, the Committee discussed the need for continuing to increase library funding by 10% and noted that benefits would be seen in the following areas:

 

1????????? Collection Enhancement

2????????? Staff Training

3????????? Online resources

4????????? Surveys

5????????? Technical upgrades and

6????????? Implementation of RFID subject to a successful Library Development Grant application.

 

Council is requested to note that increases in funding are intended to improve more than just the book stock.

 

Underpinning continuous improvement in library services is the 2008-2018 Clarence Regional Library Strategic Plan and a corresponding Action Plan which includes a forward financial plan for the 10 years. The Plan was presented to the Committee on 7 August 2009 and to Nambucca Shire Council on 1 October 2009 with a recommendation that the Plan be endorsed. Although Nambucca Shire Council didn?t formally endorse the Plan as such, it made the following resolutions:

 

1????????? That Council support in principle the Minutes and Recommendations of the Clarence Regional Library Committee of Management.

 

2????????? That Council note that any future allocations of budgetary resources for implementation of items listed in the combined Strategic Plan-Action Plan would be a decision for each member Council, taking into consideration budgetary circumstances at the time.

 

3????????? That Council note that each decision being dealt with would be in conjunction with Council?s Management Plan and budgetary considerations.

 

4????????? That Council note that some actions will only proceed if grant funding is available.

 

5????????? That Council note that many of the actions will be dealt within existing resources and will depend on the outcome of the review of the Library Services Model.

 

In the time since, a number of library matters have been considered by Council, including the library model, which was coincidentally discussed at the 15 April 2010 meeting when Council resolved to support a commitment to the currently library model. (see following)

 

1????????? That Council confirm its commitment to involvement in library services under a Modified Hybrid Model with its associated Core Conditions as the easiest to implement and most cost effective option for future delivery of library services.

 

2????????? This new arrangement be affected as soon as practicable.

 

Clarence Regional Library Advisory Committee Meeting of 6 August 2010

 

Item 6.1 in the Executive Officer?s Report created quite a good deal of discussion. Mostly the concern revolved around changes to the actual allocations requested of the member Councils after their budgets had been adopted and after the commencement of the new financial year. Whilst it is sometimes necessary to adjust a budget during the year, members expressed a concern about having to go back to member Councils and request additional funds.

 

Nambucca Shire Council, along with its partner members (Bellingen and Clarence Valley Shire Councils) supported a 2010-11 budget which included a 10% per capita increase. The figures provided and included in the draft budgets were based on the 30 June 2008 Estimated Resident Population. The 2009 figures have now been released and will be used to determine the council allocations.

 

Nambucca?s 2010-11 budget includes an allocation of $175,900 (2008 ERP) but using the latest population figures, Council is being asked to contribute $177,086, an increase of $1,186.

 

Essentially the issue arises from the timing of release of Estimated Resident Population figures by the Australian Bureau of Statistics and the timing of Council budgets. The CRLC may revisit this in the future, however for 2010-11 the 2009 ERP will be used.

 

The Way Forward

 

In order for the three member Councils of CRL to plan effectively, there needs to be a suitable mechanism for determining any increases in library funding. Given that there has been a comprehensive review of the library model during 2009 and Council?s subsequent endorsement of support for the model earlier this year, it could be assumed that there would be an intention to pursue a new Library Agreement beyond 2011 and therefore the need for a forward financial plan becomes more necessary to facilitate smooth development of budgets for the regional library.

 

It is proposed that:

 

1????????? Nambucca Shire Council works with its partners to develop a new Library Agreement beyond 2011.

2????????? The Agreement be tied to the local government Integrated Planning timeframes and therefore the cycle of local government elections, although the next agreement may need to again be for 5 years to conclude with the life of the councils elected in 2012.

3????????? Increases in library funding be detailed in a new agreement at rate pegging plus an annually agreed percentage; and further where Councils can?t agree on the additional percentage and decide on differing amounts (as was the case in 2010) an average of those percentages be used to calculate the contributions.

4????????? Clarence Valley Council provides a draft library budget for the following financial year at the November Advisory Committee to inform the partner councils during their upcoming budget deliberations, as currently Councils are only advised of an amount of contribution required.

 

 

CONSULTATION:

 

General Manager

Director Environment and Planning

CRL Executive Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environment impacts arising from this report.

 

Social

 

There are no specific social implications identified.

 

Economic

 

Nothing identified.

 

Risk

 

There are no specific risks identified.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council is being requested for an additional $1,186 for the 2010-2011 Regional Library Budget.

Future annual allocations to the CRL would be considered when preparing future annual budgets unless Council enters into some type of binding agreement.

 

Source of fund and any variance to working funds

 

An increase in allocation to Clarence Regional Library would be from Council?s working funds.

 

Attachments:

1View

23551/2010 - Draft budget for Clarence Regional Library 2010-2011

 

2View

22822/2010 - Minutes of the Clarence Regional Library Advisory Committee meeting held 6 August 2010 at CRL Headquarters

 

??


General Purpose Committee - 20 October 2010

Report on Contributions to Clarence Regional Library

 

 

CLARENCE REGIONAL LIBRARY

 

REVENUE & EXPENDITURE

 

PROJECTIONS FOR 2010/11

as at 24/9/10

 

 

 

 

Revenue

 

Contributions CVC

-680,412.16

Contributions NSC

-238,556.88

Contributions BSC

-173,654.52

Operating Grants received

 

Revenues from users

-9,063.00

Interest received

-1,588.00

Sundry Revenues

-1,588.00

 

-1,104,862.56

 

 

Expenditure

 

Workforce related

 

Salaries & Employment

374,778.38

Superannuation

43,782.67

Admin and Management support

63,707.00

Leave Accruals

 

Workers Compensation

17,677.04

Motor vehicle costs

9,250.00

Training & seminars

14,006.00

Travel costs

3,270.00

 

526,471.09

Site & Equipment costs

 

Computer system costs

71,976.00

Building maintenance

37,843.00

Insurance

4,371.00

 

114,190.00

Direct Collection costs

 

Book stock

322,111.47

Freight & cartage

31,749.00

Book Maintenance

17,526.00

Subscriptions and periodicals

17,138.00

 

388,524.47

Overhead costs

 

Telephone & Internet

25,144.00

Postage

16,933.00

Printing & Statioinery

10,498.00

Sundry expenses

12,332.00

Advertsing & Promotions

10,770.00

 

75,677.00

 

1,104,862.56

 

?


General Purpose Committee - 20 October 2010

Report on Contributions to Clarence Regional Library

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


MINUTES of the meeting of the CLARENCE REGIONAL LIBRARY ADVISORY COMMITTEE, 6th August 2010, Clarence Regional Library Headquarters,

110 Spring Street, South Grafton

 

 

 

 

PRESENT:???????????????? Bellingen Shire Council

???????????????????????????? Cr Kerry Child

Sharon Uthman (Bellingen Shire Librarian)

 

Nambucca Shire Council

Cr Anne Smyth

Coral Hutchinson (Manager Community and Cultural Services)

 

Clarence Valley Council

Anne D?Arcy (Executive Officer)

Catherine Johnston (Information Services Librarian, standing in for Regional Librarian)

 

 

1.?? APOLOGIES

 

Cr Michael Moran (Nambucca Shire Council)

Cr Margaret McKenna (Clarence Valley Council)

Noelene Grace (Clarence Valley Council)

 

 

2.?? Disclosure of Conflict of Interest

 

Nil

 

3.?? CONFIRMATION OF MINUTES ? Meeting held 18 June 2010

 

RESOLVED?????????? Smyth / Child

That the minutes of the Clarence Regional Library meeting held on 18 June 2010 be accepted

 

4.?? Business arising from the Minutes ? meeting held 18 June 2010.

 

4.1 Value of Public Libraries ? summary

Anne D?Arcy will email document around committee for further comment. Considering developing this document into a brochure in the future.

Cr Childs queried the recency of the data - published in 2008 as part of a one-off study using data available to date. Document to be emailed within the week for inclusion in the August Business Papers of Bellingen Shire Council. Anne D?Arcy to action.

Sharon Uthman - this document is similar to the Public Libraries Booklet which had a national focus.

 

4.2 Amended Internet Policy

Anne D?Arcy - policy had been presented to the Clarence Valley Executive which expressed concerns in relation to lowering the age for access to the Internet without parental approval to 15 years. This change in policy brings the CRL in line with ALIA standards and that the current use of passive surveillance was sufficient in monitoring any misuse of the Internet by any Library patrons. More information to be provided.

 

4.3 Report Committee Procedures

Set aside for later discussion with agenda item 6.3

 

4.4 Downloadable Audio Books (item 7.5)

Cr Childs requested update. Cathy Johnston - finalising details with Wavesound UK, anticipate launching in September. Limited promotional display materials available and extras do have an associated cost.

 

4.5 Future of CRL in relation to 10% per capita increase (item 8)

The CRL agreement is up for review Nov / Dec 2011. Anne D?Arcy - General Managers discussion will inform the future arrangements.

 

4.6 Papers be forwarded 10 days prior to next meeting (item 9b)

All Minutes to be forwarded directly to Delegates 10 working days prior to meeting (rather than solely to Council Officers).

 

5.?? Correspondence

Library Development Grant submissions have opened, close 24th September

 

6.?? Executive Officer?s Report

6.1 Member contributions for the 2010/11 financial year

Previously reported population figures were an estimate based on previous year?s growth. Actual figures now available have exceeded estimates by the rates shown (note: list of CRL members should read down as CVC, NSC, BSC) ? budgets are prepared prior to population figures being released.

The difference for BSC and NSC is approximately $1,200

NSC concerns about changing figures. Anne D?Arcy - 10% increase per capita has not changed, actual population figures are greater than the estimates.

NSC general opposition to supporting a 10% increase in the library budget over an indeterminate period of time ? dissatisfaction with the request for additional funds coming after the budget has been set.

Anne D?Arcy ? Continuation of the CRL entity is underpinned by continuous improvement which requires contributions above 4% per capita increase. 10% is proving effective ? first time the CRL has come off the bottom of the ladder in certain library statistics on a statewide basis.

Councillor Toms ? concerns CVC.

Anne D?Arcy - regional library is cost-effective compared to individual Councils providing the same service.

Councillor Childs - sought an evaluation of the library model over the next 12 months. Councillor Smythe reinforced that such evaluations/figures need to be put in front of Councillors to show its value for money.

Anne D?Arcy ? information has already been prepared and provided to the committee. Welcome a request from Councils to present data to them.?

 

Anne D?Arcy - Regional Librarian position advertised across Australia. Only one enquiry to date from the Northern Territory. CRL rates near the bottom of the state-wide library statistics (however though the work of the last three years has begun to show through and has slowly brought CRL up from the bottom), therefore difficult to attract a suitable replacement.

 

In response to Anne D?Arcy?s question as to which population figures to use (5 year average or previous year) the consensus was to provide a range (using the 5 year average for balance) with an explanation clearly indicating the discrepancies and a clearly determined rate (eg, 10% growth).

 

Anne D?Arcy ? to invoice all Councils at the agreed 10% per capita increase.

 

Committee recommendation that the Executive Officer?s recommendation be adopted ? resolved.

Childs / Toms

 

6.2 Committee Procedures

Committee recommendation that the Executive Officer?s recommendation of Option 1 be adopted ? resolved

Toms / Smythe

 

Delegates were reminded that the status of the CRLC is as an Advisory Committee to the Executive Council (CVC), but not a s.355 committee and therefore has no delegated authorities.

 

6.3 Review of CRLC Workplan

Committee recommendation that the Executive Officer?s recommendation of Option 1 be adopted ? resolved

Toms / Uthmann

 

6.4 Fines amnesty

Committee recommendation that the Executive Officer?s recommendations be adopted and that the amnesty be conducted region-wide in October 2010 ? resolved

Smythe / Toms

 

 

 

6.5 RFID update

Committee recommendation that the Executive Officer?s recommendation to defer this discussion pending further investigation be adopted ? resolved

Toms / Smythe

 

7.?? Regional Librarian?s Report ? nil due to resignation of Sally Walters

 

8.?? Items for Information

8.1 State Library of NSW Report to Public Libraries NSW ? Country, North East Zone 14/07/2010

Committee recommendation that the above report be noted ? resolved

 

9.?? Additional Matters

9.1 Library Development Grants potential submissions

 

BSC intends to resubmit a DVD grant application. Supported by Councillor Childs and requires minor changes to the original grant application and new costings for a DVD cleaner

 

NSC intends to apply for a microform reader/printer for Macksville Branch and were considering applying for this through Community Builders. Anne D?Arcy - this would support the Local Studies Grant which was purchasing a range of local newspapers on microfilm. BSC - interested in also applying for a grant for a microform reader/printer.

 

Anne D?Arcy - CVC were preparing a grant application to roll-out Pharos (automated computer booking system) across all CVC branches following its successful implementation into Grafton Branch.

 

Also considering a Living Libraries program application to establish a system which could then continue with minimal staff involvement (approximately 5 hours per month). Will depend on capacity (time) to prepare without assistance of a Reg Lib?n.

 

An RFID application and Marketing Strategy would be pursued in the future ? not appropriate timing at this stage.

 

Coral Hutchinson - idea of a reading project marketing the importance of reading to parents. Sharon Uthmann noted that 2012 is the National Year of Reading and that Love2Read has a Facebook page supporting this event. Councillor Childs suggested putting the Reading Project on a future agenda.

 

9.2 ALIA Conference - ALIA Access

No staff from CRL will be attending. Reports back from Conference would need to be sourced.

 

10. Next Meeting

5th November, 2010 ? Bellingen, 10am for a 10:30am start.

The meeting closed at 12:40pm

??????

Prepared by: Cathy Johnston

Section:? Regional Library

 

?


General Purpose Committee

20 October 2010

Director Environment & Planning's Report

ITEM 9.4????? DA2010/183????? 201010???????? Report on DA 2010/183? 40-42 Liston Street, Nambucca - Demolish 2 Dwellings and Erect 15 Units

 

AUTHOR/ENQUIRIES:???? Arthur Tsembis, Manager Planning and Assessment ????????

 

Summary:

 

Applicant:????????????????????? Mr Jimmy Abraham

 

Proposal:?????????????????????? Demolish two existing dwellings and construct a 4/5 storey residential flat building comprising 15 units and basement car parking.

 

Property:??????????????????????? Lots 1 & 2 Section 35 DP 758749, 40-42 Liston Street, Nambucca Heads.

 

Zoning:?????????????????????????? R3 ? Medium Density Residential

 

SUMMARY:

 

Development Application (DA) 2010/183 is to demolish two (2) existing houses and erect a 4/5 storey residential flat building comprising 15 units and a basement car parking area.

 

Council at its meeting on 19 August 2010 resolved to 'call in' the application 'to enable determination at an Ordinary Meeting of Council and that Councillors undertake a General Purpose Committee inspection of the site prior to determination.'

 

There are a couple of non-compliances with development controls under Development Control Plan (DCP) No 3 ? Residential Development relating to height and length of the proposed building.

 

The maximum height under NLEP 1995 through DCP - 3 is 12m. However, a slight design change in response to a submission received from an adjoining landowner in regard to overshadowing, requiring the top floor unit (unit 15) to be moved 4m to the north now has the final maximum height of 12.85m. For the most part this additional height is at the lift overrun at the centre of the building.

 

In accordance with Clause 6.14 of DCP 3 the development control states that the building length along the street frontage for a residential flat building is 24m. The proposed building, which is located on land with three of its four sides having frontage to Liston, Sports and Short Streets. The building has a length of 28m along the Liston Street road frontage. The purpose of this control is to ensure that the bulk and scale of the development respects the existing character of the locality and is in keeping with the desired future character of the locality. The proposed building is highly articulated with good design elements addressing each of its three road frontages. It is therefore considered, that the variation of the DCP requirement is acceptable in the particular circumstances.

 

There is also a non compliance with the density provisions of NLEP 1995. Clause 29 relates to the site requirements for multi-dwelling housing. In accordance with the old density provisions under NLEP 1995, only 10 units would be allowed for the proposed development. The proposed development is for 15 units. However, the proposed development complies with the density provisions of NLEP 2010, which are now expressed in terms of Floor Space Ratio (FSR). The FSR of the proposed development is 1.23:1, which is less that the FSR of 1.4:1 allowed under NLEP 2010.

 

The applicant lodged a State Environmental Planning Policy (SEPP) No 1 application to vary the development standard relating to the prevailing density provisions. It is considered that the reasons provided in the SEPP 1 application to vary the density provisions is justified and therefore should be approved. It should be noted that Council has assumed concurrence to approve the SEPP No 1 Application.

 

The proposed development provides a high standard, architecturally designed residential flat building which incorporates current best practice urban design principles. However, there are two minor matters relating to garbage receptacle storage and the treatment of the northern retained property frontage to Sports Street that require further attention prior to the Issue of a Construction Certificate. It is not considered that these matters warrant refusal of the application. It is therefore recommended that Council grant "deferred commencement" consent and include appropriate conditions to ensure that the outstanding matters are resolved to Council's satisfaction before the consent becomes operational.

 

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

 

Recommendation:

 

1????????? That in accordance with the provisions of Planning Circular No B1 dated 17 March 1989, it is recommended that Council exercise its assumed concurrence to grant approval to the application under State Environmental Planning Policy No 1 ? Development Standards, to vary the density provisions under Clause 29 of Nambucca Local Environmental Plan 1995.

 

2????????? That in accordance with Section 80(3) of the EP&A Act, development application DA 2010/183 be approved and Council grant a "deferred commencement" consent, subject to the conditions attached to this report.

 

OPTIONS

 

In accordance with Section 80(1) of the Environmental Planning and Assessment Act 1979 (EP&A Act) Council has the option to determine the application by:

 

????????? (a) granting consent to the application, either unconditionally or subject to conditions, or

????????? (b) refusing consent to the application.

 

It should be noted that if Council decides to determine the application by refusing to grant consent, Council will need to provide reasons for the refusal.

 

 

PROPOSAL:

 

The proposed development is to demolish two (2) existing houses and erect a 4/5 storey residential flat building comprising; 26 car parking spaces in a basement car park area; 3 units and 15 storage units on the lower ground level; 4 units on the ground and first floor levels; 3 units on second floor level; and 1 unit and a roof top swimming pool on the third floor level.

 

Detailed architectural plans, including shadow diagrams, were submitted with the application. A copy of the architectural plans numbered DA00, DA01, DA02, DA10, DA11, DA12, DA13 and DA14 are attached to this report. Separate landscape plans prepared by a qualified landscape architect were also submitted with the application. A copy of page 1 of the landscape plan is attached to this report.

 

In support of the application, the applicant lodged a Statement of Environmental Effects (SEE) dated June 2010 prepared by Anthony Betros of ABC Planning Pty Ltd and a Design Verification Statement (DVS) dated June 2010 prepared by Tom Ferguson (registered architect) of TFAD Pty Ltd.

 

A full set of the architectural plans, shadow diagrams, landscape plans, and the associated documents are available to Councillors upon request from the Manager Planning and Assessment (MPA). All the plans and associated documents will be available at the General Purpose Committee (GPC) meeting. The applicant will also be making a presentation at the GPC meeting, followed by an on-site inspection by the Committee.

 

 


BACKGROUND:

 

The development application was lodged on 13 July 2010, prior to gazettal of Nambucca Local Environmental Plan 2010 on 30 July 2010.

 

Prior to submission of the DA, a Development Advisory Unit (DAU) meeting was held on the 9 April 2010 with the applicant, his town planner and architect, and relevant Council staff.

 

The proponents provided a computer generated model of the proposed development. The architect provided an overview of the proposal, including the following advice:

 

?????????????? The site falls away from Liston Street to Short St.

?????????????? The site has three street frontages.

?????????????? The site is raised above the street level along Sport St (northern elevation).

?????????????? The road reserve along Sport St has an existing retained wall approx 2m high.

?????????????? Proposed 15 apartments comprising areas between approx 100m2 & 125m2.

?????????????? Access to the basement car park is off Sport St

?????????????? The top floor apartment has been stepping back to maintain modest scale and provide articulation to the building.

?????????????? The isometric view shows the height limit is exceeded in the central part of the building and because the top floor unit is set back the additional height is not discernable and will not impact on the streetscape.

?????????????? The design attempts to balance the fall of the site with the proposed height of the building.

?????????????? It was difficult to work with the different levels across and down the slope of the site.

?????????????? The units have been designed to provide good amenity in terms of size and orientation.

?????????????? The design respects the southern adjoining dwellings by providing good separation and set-backs.

?????????????? Shadow diagrams showed the extent of overshadowing.

 

At the DAU meeting Mr Betros (town planner) advised that a variation was sought to the density provisions under NLEP 1995 for the reasons outlined in the draft SEE attached to the ?Record of Pre-Lodgement Meeting?. Mr Betros advised that the FSR of 1.31:1 complied with the proposed density provisions of 1.4:1 in accordance with draft NLEP 2009.

 

Various issues were discussed including; height, density, design, noise impacts, disability facilities; drainage, access, and the requirement for a SEPP 1 variation to the density provisions if the DA is lodged before NLEP 2009 is gazetted.

 

In accordance with Council's Policy the DA was advertised and notified to adjoining and nearby residents. As a result of such action, five (5) submissions were received, one of which supported the proposed development. Three of the submissions objecting to the proposal were from local residents who raised the following issues: height of building, overshadowing; visual impact on streetscape; the proposal described as affordable housing; location of the driveway and traffic; impact on views; loss of privacy and noise (particularly from the roof top pool area); and, inadequate car parking.

 

Another submission was received from an architect who was engaged by two other local residents to express their concerns about the likely impact on the value and amenity of their homes. The submission offered some suggestions to modify the design to reduce some of the negative effects on his clients' properties. In this regard the objectors architect put forward the following suggestions:

 

?????????????? To improve the effects of overshadowing it was suggested that Unit 15 could be "pushed" or "slid"/re-located up to 5m further to the north without severely compromising the 12m height limit.'

?????????????? To reduce the likely impacts from noise, loss of views and loss of privacy, it was suggested that the pool and associated structures could be relocated to the ground level in either the north-west or south-west corner of the site.

?????????????? It was suggested that the likely traffic impacts and vehicular access could be improved if the basement car park entry was relocated to the western frontage of Sport Street.

 

Copies of the submissions are attached to this report. The applicant was advised of the concerns raised in the submissions and also requested to consider the suggested amendments put forward by the objectors architect. The applicant was also advised in terms of the following:

 

??????????? 'there is some concern about the difference in levels between the courtyard area and the existing ground level of the southern adjoining property. It is considered that the depth of up to approx 5-6m could be excessive and create a 'canyon' effect and associated noise and possibly safety issues.'

 

A subsequent meeting was convened on 12 August 2010 to discuss the matters raised in the submissions with a view to amending certain aspects of the proposed building to overcome some of the concerns raised. The applicant subsequently submitted amended architectural plans, shadow diagrams, landscape plans and a Supplementary Statement of Environmental Effects (SSEE). A copy of the SSEE is attached to this report.

 

Details of the amendments are provided in further sections of this report.

 

The application was lodged before gazettal of NLEP 2010 and therefore the application is required to be assessed in accordance with the relevant provisions of NLEP 1995. However, Council is also required to have regard to the provisions of draft NLEP 2009 (as it was at the time of lodging the application).

 

The original and amended proposal is above the 12m height limit and greater that the density provisions in accordance with Clause 28(2) and 29, respectively, under NLEP 1995. The relevant provisions of LEP 1995 and draft NLEP 2009 are discussed in the section dealing with 'Matters for Consideration'.

 

 

CONSULTATION:

 

The application has been considered by Council?s Manager Technical Services (MTS) and Manager Health and Building (MH&B). Their requirements have been included in the draft "deferred commencement" consent attached to this report.

 

 

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

 

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

 

(a)??????? the provisions of

 

(i)???????? any environmental planning instruments

 

Nambucca Local Environmental Plan 1995

 

The land was zoned Residential 2(b) (Medium-High Density) at the time of DA lodgement. The proposed development is permissible within the zone and satisfies the main objective to allow higher residential densities. The description of the zone states:

 

'The Residential (Medium-High Density) zone is characterised by a mix of detached and medium to high density residential buildings. The zone is intended to allow residential densities and heights to accommodate both residential and holiday rental demands.''

 

Height

 

Clause 28(1) states that the height of buildings within Zone No 2(b) 'must not exceed 14 metres.' In accordance with Clause 28(2), Council must also consider the height limits specified in any development control plan applying to the land. DCP 3 ? Residential Development specifies a 12m height limit.

 

The proposed building (as amended) has a maximum height of 12.85m. The additional height is located around the lift overrun and the top unit (unit 15) in the centre of the building footprint. In this regard the original SEE states:

 

'While the proposal is compliant with Council's current LEP control of 14 metres, the above clause also advises that the height limit in the DCP must also be considered. Given that an LEP overrides a DCP, the height of 14 metres prevails. The proposal is therefore consistent with the statutory height limit.'

 

In support of the proposed variation to the 12m height limit the SSEE states:

 

'The height of the amended plans has significantly increased from the original proposal through the shifting of the top unit to the north. However this has no streetscape impacts while it actually improves solar access to the southern neighbour and reduces the visual bulk at the southern side.'

 

Density

 

Clause 29 relates to the site requirements for multi-dwelling housing. The subject site has a total area of 1,640.8m2. In accordance with the old density provisions under NLEP 1995, only 10 units would be allowed for the proposed development. Notwithstanding, the proponents were advised at the DAU meeting in terms of the following:

 

'Council's current density provisions allow one unit per 155m2 of site area, which equates to 10 units. However, the proposal satisfies the proposed FSR requirements under the draft NLEP. As such, the proponents were advised that Council would probably support the density variation if the application was lodged before NLEP 2009 is gazetted.'

 

In accordance with the above advice the applicant lodged a State Environmental Planning Policy (SEPP) No 1 application to vary the development standard relating to the prevailing density provisions.

 

Comment

 

It is considered that the proposed development is in keeping with the objectives of the zone and the desired future character of the locality. It is also considered that the variation of the 12m height limit up to a maximum height of 12.85m for a relatively small proportion of the upper most unit is acceptable in the particular circumstances. It is also considered that the SEPP 1 application to vary the density provisions is justified and therefore should be approved.

 

Have regard to the above it is considered that the relevant provisions of NLEP 1995 have been given due consideration in the development assessment of the development application.

 

North Coast Regional Environmental Plan

 

There are no relevant provisions of the Regional Environmental Plan that specifically apply to the proposed development.

 

State Environmental Planning Policies (SEPP)

 

SEPP 1 ? Development Standards

 

The SEPP 1 application to vary the density provisions of Clause 29 under NLEP 1995 has been discussed above. It is considered that a variation is justified and therefore should be approved. Council has assumed concurrence to approve the SEPP 1 application in accordance with the Circular No B1 dated 17 March 1989.

 


SEPP 65 ? Design Quality residential flat development

 

The proposed development is required to comply with the provisions of SEPP 65. The SEE includes a 'Compliance Table' that demonstrates compliance with the requirements of the Residential Flat Design Code relating to: minimum apartment and balcony sizes; minimum ceiling heights; solar access; and, natural ventilation. The architect, Mr Tom Ferguson of TFAD Pty Ltd, has also prepared a Design Verification Statement (DVS) and addressed the 10 Design Quality Principles in accordance with Part 2 of the Policy.

 

SEPP 71 ? Coastal protection

 

The proposal is within the coastal zone and therefore requires consideration of the matter listed under clause 8 of SEPP 71- Coastal Protection. There are no issues of concern in regard to these matters.

 

(ii)??????? any draft environmental planning instrument

 

As previously stated the development application was lodged on 13 July 2010, prior to gazettal of Nambucca Local Environmental Plan 2010 on 30 July 2010. However, the assessment is required to have regard to the relevant provisions of draft NLEP 2009 (as it was at the time of lodging the application). There were no material changes from the draft planning instrument to the gazetted plan that would affect consideration of the proposed development in accordance with NLEP 2010.

 

Clause 1.8A states:

 

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan has been exhibited but had not commenced.

 

The application has been assessed in accordance with the relevant provisions of NLEP 1995.

 

Clause 4.3(2) states:

 

The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.

 

The height shown on the Height of Buildings Map is 12m. The height issue has been discussed elsewhere and a variation could be applied in accordance with Clause 4.6, which allows the variation of a development standard subject to the concurrence of the Director General (DG). It should be noted that Council has assumed concurrence in accordance with Planning Circular (PS 08-003) dated 9 May 2008. Notwithstanding, concurrence is not required for this application because the application for a variation of the development standard has been assessed in accordance with the provisions of SEPP 1 ? Development Standards.

 

Clause 4.4(2) states:

 

The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map

 

The floor space ratio (FSR) shown on the Floor Space Ratio Map is 1.4:1. The proposed development has a FSR of 1.23:1. Having regard to compliance with the proposed new density standard it was considered appropriate to support a SEPP 1 variation of the density provisions under NLEP 1995.

 

Clause 5.5 relates to development within the coastal zone and identifies matters to implement the principles in the NSW Coastal Policy. The proposed development satisfies the matters for consideration under Clause 5.5(2).

 


Comment

 

With exception of the height, the proposed development fully complies with the provisions of the former draft NLEP 2009 (now known as NLEP 2010).

 

(iii)?????? any development control plan (DCP)

 

DCP 3 ? Residential Development was adopted by Council on 16 July 2009 and became effective from 10 August 2009. The SEE includes a 'Compliance Table' with detail of the numerical standards under DCP 3. Except for 'height' and 'building length' the proposed development complies with all the relevant numerical development controls under DCP 3, including the provision of off street car parking.

 

Height

 

The height issue was discussed in the section dealing with the provisions of NLEP 1995. Similar provisions apply to DCP 3. The objective of the height control under DCP 3 is to:

 

?????????????? Limit the impact on the streetscape and ensure that future development responds to the desired scale and character of the local area and to allow reasonable daylight access to all developments and the public domain.

 

As stated above the proposed development exceeds the maximum 12m height limit. Moving the top floor unit (unit 15) was done to improve overshadowing and privacy for the southern adjoining neighbour. However, this has created an additional increase in the overall height of the proposed building to a maximum height of 12.85m. The height above 12m only relates to a relatively small proportion of the building comprising the lift overrun in the centre of the building and part of top floor unit.

 

Building length

 

In accordance with Clause 6.14 of DCP 3 the development control states that the building length along the street frontage for a residential flat building is 24m. The proposed building has a building length of 28m. The relevant objective for this control is to:

 

?????? ensure that the bulk and scale of the development respects the existing character of the locality and is in keeping with the desired future character of the locality.

 

In support of exceeding the 24m length of building, the SEE states that the building is 'highly articulated' and it is 'divided into three sections'.

 

Precinct plans

 

Whilst not a requirement, the applicant has taken into consideration and adopted many of the urban design guidelines and controls outlined in the Urban Design Strategies prepared by Ruker and Associates (April 2009).

 

Comment

 

It is considered that the proposed development is in keeping with the general objectives of DCP 3 for Nambucca Heads. It is also considered that the relative minor variations of the development controls relating to 'height' and 'building length' of DCP 3 are reasonable, having regard to the high standard of design and full compliance with all other aspects of the development controls and guidelines under the provisions of DCP 3.

 

Having regard to the above it is considered that the relevant provisions of DCP 3 have been given due consideration in the development assessment of the development application.

 


(iiia)???? any planning agreement

 

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

 

(iv)?????? any matters prescribed by the regulations

 

The proposed development is unlikely to have an adverse impact on the natural coastal environment, natural coastal processes, aesthetic appearance of the coast, cultural heritage, ecological sustainability of coastal areas or public access and use of coastal areas. In this regard, the development complies with the requirements of the NSW Coastal Policy 1997.

 

b????????? the likely impacts of the development

 

The subject site comprises two lots having a total area on 1,640.8m2. Each lot has a single storey dwelling which will be demolished to make way for the proposed 4/5 storey residential flat building. The site has three street frontages and is located in an established low-medium residential precinct. The site has good vehicular and pedestrian access to the township of Nambucca Heads. There are also many sporting and recreational grounds, beaches and other services and facilities available in proximity to the development site.

 

There is no doubt that the proposed development will alter the context and character of the existing locality. However, the proposal is in keeping with the aims and objectives of the previous and current planning instruments. The change to facilitate a desired future character is reinforced by DCP 3, which includes the overall vision and urban design principles provided in the 'Place Based Town Centre Studies' report prepared by SutherlandKoshy, Planning and Urban Design Consultants (September 2006).

 

Notwithstanding the above, the proposed development needs to ensure that it does not result in unacceptable adverse impacts on the residential amenity of adjoining and nearby residents. In this regard the likely impacts of the proposed development include consideration of matters relating to: size, scale and bulk of the proposed building; loss of views; visual and acoustic privacy; traffic impacts; safety and security; social and economic impacts; and, cumulative impacts.

 

The applicant has prepared a SEE, which addressed all the relevant matters. It is considered that the SEE demonstrates that the proposed development will not result in an unacceptable level of environmental, social or economic impacts.

 

Following notification and exhibition of the application, the applicant submitted a supplementary SEE to address and overcome the extent of some potential adverse impacts on the southern adjoining residents. These matters are address below in section (d) of this report (any submissions made in accordance with the Act or the regulations).

 

c????????? the suitability of the site for the development

 

The site is zoned for medium to high density development. The topography of the site falls away from Liston Street to Short Street. It has a cross-fall of approximately 6.5m from the south-eastern corner to the north-western corner of the site over a distance of approximately 50m. The site is raised above level and is retained by an existing crib wall along the northern street frontage of Sports Street. There is no significant vegetation on the site. The site is well serviced by existing infrastructure and community services and facilities.

 

It is not considered that there are any site constraints which would preclude developing the land for the purpose of a residential flat building. It is therefore considered that the site is suitable for the proposed development.

 


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

 

The application was advertised and notified to adjoining and nearby property owners for a period of 21 days. As a result of such action five submissions were received, one of which supported the proposed development.

 

Three of the submissions objecting to the proposal were from local residents who raised concerns about: the height of proposed building; overshadowing; visual impact on streetscape; the proposal described as affordable housing; location of the driveway and traffic; impact on views; loss of privacy and noise (particularly from the roof top pool area); and, inadequate car parking.

 

It is considered that the applicant has adequately demonstrated that the proposed development will not have an adverse impact on the streetscape or that the location of the driveway is unacceptable. However, to improve the sight distances for vehicles the MTS has recommended that a 7.5m splay should be provided on the corner of Sports Street and Short Street. This will be included as a condition of any consent granted. It is not considered that the level of traffic likely to be generated by the proposed development will be unacceptable in the locality. Nor is it considered that the description of the proposed development as 'affordable housing' is particularly relevant.

 

Another submission was received from an architect who was engaged by the two adjoining residents to express their concerns about the likely impact on the value and amenity of their homes. The submission provided some suggestions to modify the design to reduce some of the possible negative effects on his clients' properties. The suggested amendments are described in the 'Background' section of this report.

 

The applicant was provided with details of the suggested amendments and he subsequently submitted amended plans, including amended shadow diagrams and landscape plans. The applicant also submitted a supplementary SEE which states that the amendments to the design of the proposed building include:

 

?????????????? The top floor unit (Unit 15) has been moved 4m to the north;

?????????????? The pool has been relocated from the south-western corner of the roof to the northern part of the site;

?????????????? The stepped landscaped courtyard has been amended to reduce the 'canyon' effect.

 

Whilst not accepting all the suggested amendments by the objectors' architect, the proponent has made some significant changes to the original design of the proposed development. The relocation of Unit 15 has resulted in a slightly greater increase to the 12 height limit of the upper most floor than the original proposal. However, it has had the effect of reducing the amount of overshadowing onto the southern adjoining properties.

 

Having regard to the above it is considered that many of the concerns raised in the submissions have been given due consideration and adequately addressed in the development assessment of the development application.

 

e????????? the public interest

 

Council has the responsibility of balancing competing interests to prevent inappropriate development, while allowing individual landowners the opportunity to develop land in accordance with the planning objectives to achieve urban consolidation and the future desired character for the locality. In this regard, it is considered that the public interest has been addressed by applying an appropriate level of development assessment in accordance with all relevant legislative requirements, policies and plans.

 

 


CONCLUSION:

 

Notwithstanding a couple of non-compliances with development controls under the DCP 3, particularly relating to height, and a variation sought to the density provisions under NLEP 1995, it is considered that the proposed development provides a high standard architecturally designed residential flat building which incorporates current best practice urban design principles. However, there are a couple of matters that need to be addressed and resolved before the consent becomes operational.

 

The first matter relates to garbage disposal. In this regard the applicant was advised that no information was provided relating to management of domestic waste. The plans show a garbage chute discharging into a garbage room located in the car park area. However, the plans indicated that access to the garbage room is not sufficient to accommodate a commercial bin. The applicant was requested to provide adequate information to assess the placement, access and collection of all garbage bins. However, this matter was not sufficiently addressed in the supplementary SEE. The provision of adequate garbage disposal facilities may require some redesign of the basement car parking area or an alternative access arrangement. As such, it is considered appropriate to require specific details to be submitted for Council's approval prior to the consent becoming operational.

 

The second matter relates to the treatment of the street frontage along the northern elevation. At the DAU meeting it was suggested that the existing retaining wall along the Sports Street road frontage could be removed or reduced to improve the access arrangements and the design of the proposed development. It was also suggested that the development could benefit from a continuous footpath around the development site. The plan shows the crib retaining wall and the text states; 'existing crib wall to be rebuilt in consultation with council'. It is considered that the proposed treatment of the road frontage to improve vehicular access and ensure a footpath around the development site can be achieved should be resolved before the consent becomes operational.

 

It is considered that the matters referred to above can be satisfactorily resolved without affecting the structural integrity or the urban design elements of the proposed building. It is therefore considered appropriate to include two "deferred commencement" conditions to ensure that these matters are resolved to Council's satisfaction before the consent becomes operational.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed development will have no adverse impacts on the natural environment.

 

Social

 

The main consideration of the proposed development regarding potential social impacts relate to overshadowing, privacy, noise, loss of views, urban design, etc It is considered that a full and proper assessment of the proposed development has been undertaken to determine the extent and limit the likely social impacts on adjoining and nearby residents.

 

Economic

 

It is considered that approval of a well designed residential flat building may be a positive economic indicator and may encourage other high standard development to occur in the locality.

 

Risk

 

There is no apparent risk associated with granting development consent to the proposed development for a residential flat building on the subject site which is zoned for that particular purpose.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Unless there is a third party appeal or the applicant is dissatisfied with any of the terms and conditions of consent and lodges an appeal to the Land & Environment Court (L&EC), it is not considered that there will be any financial implications to Council arising from a favourable determination of the development application.

 

Source of fund and any variance to working funds

 

Not applicable.

 

 

PROPOSED CONDITIONS OF DEFERRED COMMENCEMENT CONSENT

 

DEFERRED COMMENCEMENT CONDITIONS

 

Deferred Commencement Consent

 

1??????? This consent does not operate until Council is satisfied that details relating to waste management and the treatment of the street frontage along the northern elevation have been submitted and approved by Council. In satisfying Council of these requirements, Council must be furnished with the following information:

 

a??????? Waste Management

 

The applicant must submit to Council plans showing details of the size of the garbage bin enclosure to ensure that it is adequate for the number of bins and for the amount of waste being generated, taking into consideration the manoeuvring of the bins during servicing.

 

Note: Council's Waste Management Officer can provide specific requirements to accommodate the Nambucca and Coffs Coast Waste Service requirements.

 

b??????? Street `frontage and footpath

 

The applicant must submit to Council plans showing details of the proposed treatment of the existing crib wall and/or any new retaining wall along Sports Street and the provision of a continuous footpath around the development site.

 

????????? Evidence of compliance with the above conditions, sufficient to satisfy the Council as to those matters, must be provided within 12 months of this notice. If satisfactory evidence is produced, in accordance with this requirement, Council will give notice to the applicant of the date from which the consent operates.

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

2??????? The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 22 October 2010 and authorised signature, and set out in the following table except where modified by any conditions of this consent.


 

Plan No/Supporting Document

Version

Prepared by

Dated

Statement of Environmental Effects

 

Anthony Betros of ABC Planning Pty Ltd

June 2010

Supplementary Statement of Environmental Effects

 

Anthony Betros of ABC Planning Pty Ltd

September 2010

Design Verification Statement

 

Tom Ferguson of TFAD Pty Ltd

June 2010

Architectural Drawings No DA 00-DA14

Issue B

Tom Ferguson of TFAD Pty Ltd

14.08.10

Shadow diagrams for 9am, 10am, 11am, 12pm, 1pm, 2pm and 3pm (winter solstice)

Issue B

Tom Ferguson of TFAD Pty Ltd

23.08.10

Survey Plan No B 07167 DET

 

Amos & McDonald Surveyors

25/9/07

On Site Detention Tank Design Drawing No 10293_DA_C100

 

Henry & Hymas

May 2010

Amended Landscape Plans (Page 1-2)

 

Jackie Amos, landscape architect

Submitter with letter dated 30 August 2010

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

3??????? All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

????????? In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

This condition does not apply:

 

a??????? to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b??????? to the erection of a temporary building.

 

Notification of Home Building Act 1989 requirements

 

4??????? Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information:

 

a??????? in the case of work for which a principal contractor is required to be appointed:

i???????? the name and licence number of the principal contractor, and

ii??????? the name of the insurer by which the work is insured under Part 6 of that Act,

b??????? in the case of work to be done by an owner-builder:

i???????? the name of the owner-builder, and

ii??????? if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 


If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

 

 

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

 

Plans of retaining walls and drainage

 

5??????? The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area has been approved via this development consent to exceed 600mm in height. Adequate provision must be made for drainage in the design of the structures.

 

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

 

Driveway details required

 

6??????? The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

??????? Minimum 5.5m wide. Paving to be 125mm thick reinforced with construction joints to suit service trenches.

??????? The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

 

On-site stormwater detention approval required

 

7??????? Stormwater drainage is to be designed to direct all water to a Council approved drainage system to prevent discharge runoff onto adjoining land. The drainage system is to be designed for 1 in 20 year storm event. On-site stormwater detention is required, restricting stormwater discharge to the pre-development runoff rate, for a 1 in 5 year storm event. This system must be designed in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. All piped drainage lines over adjoining land are to be located within drainage easements. All costs are the responsibility of the proponent.

 

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out stormwater drainage work.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Engineering plans and specifications are to be submitted in triplicate and must include details in accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

The plans must be in compliance with Council's Adopted Engineering Standard

 


Sediment and erosion measures required

 

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

 

The sediment and erosion control plan is to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

 

Splay corner required

 

9??????? A 7.5m splay shall be provided on the corner of Sports Street and Short Street and is to be dedicated to Council at no cost to Council. The splay corner shall be provided to Council in a subdivision application approved by Council prior to release of the Construction Certificate.

 

Construction Traffic Management Plan

 

10????? Consent from Council must be obtained for a traffic management plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority?s Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ?Traffic Control Devices for Works on Roads?.

 

The plan must incorporate measures to ensure that motorists using road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

 

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

Access and facilities for disabled

 

11????? The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

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

 

Details pool fence required

 

12????? The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

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

 

Car parking plans required

 

13????? The application for a Construction Certificate is to include plans and specification that indicate access, parking and manoeuvring details in accordance with the plans approved by this consent. The access, parking and manoeuvring for the site is to comply with the requirements of Council?s Development Control Plan for Car Parking. Plans are to include, but not be limited to, the following items:

 

a??????? pavement description;

b??????? site conditions affecting the access;

c??????? existing and design levels;

d??????? longitudinal section from the road centreline to the car space(s);

e??????? cross sections every 15 metres;

f???????? drainage (pipes, pits, on-site detention, etc.);

g??????? a physical barrier across the full road frontage of the property suitable to prevent vehicular access at locations other than the approved driveways;

h??????? a clearance height 2.2m for all internal car parking areas. Where disabled parking is to be provided a minimum clearance height of 2.5m is required. Building elements such as pipes, ducts, conduits and beams are not to encroach below the specified clearance height;

i???????? turning paths; and

j???????? linemarking and signs.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The plans must be in compliance with Council's Adopted Engineering Standard. Such plans and specifications must be approved as part of the Construction Certificate.

 

Vehicle wash bay details required

 

14????? The car wash bay shown on Architectural Plan No DA03 shall be deleted. The application for a Construction Certificate (CC) is to include plans and specification that indicate a suitable alternative location for a vehicle wash bay to service the proposed development. Details are to be submitted to Council for approval before release of the CC. All water used in the car wash bay must drain to Council?s sewer following treatment in an oil plate separator or other system as approved by Council.

 

Such plans and specifications must be approved as part of the Construction Certificate and an approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out sewerage work.

 

Basement car park pump out details required

 

15????? The application for a Construction Certificate is to include plans and specification that indicate a pump out system for the stormwater drainage that enters the basement car park from the driveway ramps.

 

The pump wet well must have the storage capacity which (whichever is higher):

i???????? Has a minimum factor of safety of 1.5 larger than the volume required for a 1 in 100 year storm, or

ii??????? Is not be less than ARI=10 years and duration of 120 minutes, and is to be checked for the adequacy unto 100 year ARI event by the time-area computer model or mass-curve technique in AR & R

 

The pump system must be designed and constructed:

i???????? With a minimum of two pumps being installed in parallel (with each pump capable of discharging at the designed discharge rate) connected to a control board so that each pump will operate alternately

ii??????? In accordance with AS 3500.3.2:1988 - Section 9 Pumped Systems

iii?????? Any electrical pumps are to comply with AS 3000

The pumps system must drain to a silt arrester/silting pit within the property and then drain to Council's storm water drainage system.

 

The plans and specification are to include the proposed method of noise attenuation for all pumping equipment. Pump noise must not be more than 5dB (A) greater than the A- weighted L90 background sound pressure level between the hours of 8.00 am to 8.00 pm within any residential dwelling and not audible at all between the hours of 8.00 pm and 8.00 am within any residential building.

Contributions and Certificate of Compliance (Water and Sewer)

 

16????? Contributions set out in the following table are to be paid to Council.

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

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

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

7.9

$4,490.00

$35,471.00

30 June 2011

Sewer

12.75

$4,163.00

$53,078.25

30 June 2011

TOTAL

 

 

$88,549.25

 

 

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

 

17????? Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Evidence of payment of the contributions is to be provided to the Principle Certifying Authority prior to the issue of the Construction Certificate.

 

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

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

3bd

12

$1,468.00

$17,616.00

30 June 2011

Community Facilities and Open Space

2bd

1

$1,101.00

$1,101.00

30 June 2011

Surf Life Saving Equipment

3bd

12

$98.00

$1,176.00

30 June 2011

Surf Life Saving Equipment

2bd

1

$71.00

$71.00

30 June 2011

Section 94 Administration Charge

6% x $19,964.00

 

 

$1,198.00

30 June 2011

TOTAL

 

 

 

$21,162.00

30 June 2011

 

Compliance with BASIX Certificate

 

18????? The Principal Certifying Authority (PCA) is to ensure that the proposed development is constructed in accordance with the requirements of BASIX Certificate No 320432M_03, dated 27 August 2010. The Plans submitted for approval with the Construction Certificate must include all of the BASIX Certificate commitments indicated in this certificate.

 

Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate may be required.

 

Long Service Levy to be paid

 

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

These payments may be made at Council?s Administration Office. Cheques are to be made payable Council.

 

Waste Management Plan required

 

20????? A waste management plan is to be submitted to and approved by Council to ensure all waste is collected, stored and disposed of to the satisfaction of Council. The plan must incorporate measures to separate recyclable materials and describe the methods for collection of waste containers from the site.

 

Engineering Construction Plans

 

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

 

Required work

Specification of work

Kerb & Gutter, Road Shoulder Construction

Kerb and gutter, road shoulder and associated drainage construction, footpath formation and turfing including any necessary relocation of services across the street frontages of the development site.

Footpath Construction

A 1.2 metre wide continuous concrete footpath across the street frontages of the development site.

 

 

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

 

Toilet facilities

 

22????? Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer.

 

Site construction sign required

 

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

 

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

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

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

 

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

 

Traffic Management Plan

 

24????? The approved Construction Traffic Management Plan is to be implemented.

 

Erosion & sediment measures

 

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

 

Additionally the enclosed sign, to promote the awareness of the importance of maintenance of sediment and erosion controls, is to be clearly displayed on the most prominent sediment fence or erosion control device for the duration of the project.

 

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

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Consent required for works within the road reserve

 

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

 

Builders rubbish to be contained on site

 

27????? All builders rubbish is to be contained on the site in a ?Builders Skips? or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Construction times

 

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

 

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

b??????? Saturday, from 8.00 am to 1.00 pm.

 

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


Maintenance of sediment and erosion control measures in accordance with approved plan

 

29????? Sediment and erosion control measures in accordance with the approved Erosion and Sedimentation Control Plan must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Removal of asbestos

 

30????? All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of the WorkCover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 48 hours notice prior to disposal at Council?s waste depot.

 

Standards for demolition work

 

31????? All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 ?The Demolition of Structures?. Prior to demolition, all services are to be disconnected and capped off.

 

No work is to be commenced in regard to the demolition or removal of the building until such time as the appropriate fees for disconnection of water and sewerage services are paid to Council where such services are no longer required. The sewer drainage system is to be appropriately sealed to prevent ingress of water and debris into the Council?s main. Arrangements are to be made with Council for the withdrawal of the garbage services and collection of the waste bins.

 

Low Reflective glass to be used

 

32????? All glass used externally must have a maximum reflectivity index of 20%.

 

Glazing requirements

 

33????? Glazing materials used in the building are to be selected in accordance with the provisions of Australian Standard AS 1288 "SAA Glass Installation Code" and must comply with the requirements of Australian Standard AS 2208 "Safety Glazing Materials for Use in Buildings (Human Impact Considerations)" as required by the Building Code of Australia.

 

Windows must be constructed to comply with Australian Standard AS 1288 or Australian Standard AS 2047. Written certification must be submitted to Council prior to occupation inspection to confirm that glazing selection, manufacture and installation has been completed in accordance with the relevant Australian Standards for the job specific project.

 

Survey of building location required

 

34????? A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the floor slab formwork, before concrete is poured, to ensure the siting of the building in relation to adjacent boundaries is in accordance with the development consent.

 

Survey of building floor height required

 

35????? A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the basement floor slab formwork, before concrete is poured, to ensure the building will be constructed at or no more than 100mm above 31.78 metres AHD in accordance with the development consent.

 


Survey of building height required

 

36????? A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the top floor roof framing to ensure that the top plate is at or below 49.78m AHD and the lift overrun is at or below 50.58m AHD for in accordance with the development consent.

 

Construction dust suppression

 

37????? All necessary works are to be undertaken to control dust pollution from the site.

 

These works must include, but not are limited to:

 

c??????? restricting topsoil removal;

d??????? regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

e??????? alter or cease construction work during periods of high wind;

f???????? erect green or black shadecloth mesh or similar products 1.8m high around the perimeter of the site and around every level of the building under construction.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

 

Damage to Council?s Infrastructure

 

38????? Where any damage occurs to Council?s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Works to be completed

 

39????? All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

Certificate required in regard to low reflective glass

 

40????? A certificate is to be supplied to the Principal Certifier to certify that the glass that has been used externally has a maximum reflectivity index of 20%.

 

Survey Certificate of complete building required

 

41????? Survey certificates, from a registered surveyor, are to be submitted to the Principal Certifying Authority upon completion of the building.

 

Evidence required of WorkCover Authority requirements being satisfied

 

42????? Documentary evidence is to be submitted to the Principal Certifying Authority certifying compliance with the requirements of the WorkCover Authority in respect to:

 

a??????? Storage of Dangerous Goods

b??????? Compliance with the Liquefied Petroleum Gas Act 1961

c??????? Australian Standard 1940 - 1993 Flammable and Combustible Liquid Code

d??????? Australian Standard 1596 - 1997 "The Storage and Handling of L P Gas"

e??????? The installation of the spray painting booth

 

 


THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Pool safety

 

43????? The body corporate must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ?Young children must be supervised when using this swimming pool?. The sign is to be in a prominent position and be otherwise in accordance with clause 9 of the Swimming Pools Regulation. Fences, gates, walls, etc. enclosing the general swimming pool area are to be maintained in good repair and condition at all times. Depth markers are to be installed 150 mm above the water line of the proposed swimming pool.

 

Swimming pool discharge

 

44????? The discharge of waste water from the swimming pool is to be in accordance with AS/NZS 3500.2.2, Section 10.9 & Figure 10.2.

 

Swimming pool health requirements

 

45????? The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Public Swimming Pools & Spa Pool Guidelines ? June 1996 and Public Health (Swimming Pools & Spa Pools) Regulation 2000. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

 

 

NOTES

 

Penalties apply for failure to comply with development consents

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $600) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

Construction Certificate required

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing.

 

Occupation Certificate required

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

 

Principal Certifying Authority

Work must not commence until the applicant has:

a??????? obtained a Construction Certificate from Council or private certifier,

b??????? appointed a Principal Certifying Authority (if the Council is not the PCA),

c??????? given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ?Form 7?, and

d??????? notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

 

Protection of the Environment Operations Act 1997

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (?on-the-spot fine?) or prosecution.

 


Disability Discrimination Act

Council has assessed this application under the provisions of the Environmental Planning and Assessment Act 1979. It is the responsibility of applicants for BCA Class 3, 5, 6, 7, 8, 9 and 10a development (generally all commercial, industrial and professional offices) to make themselves aware of the provisions of the Disability Discrimination Act 1992 under which civil action may be taken if access for people with disabilities is denied or provide in a discriminatory way.

 

Attachments:

1View

?- CIRCULARISED DOCUMENTS:
Architectural Plans
Landscape Plan
Submissions
Supplementary Statement of Environmental Effects dated September 2010

 

??


General Purpose Committee - 20 October 2010

Report on DA 2010/183? 40-42 Liston Street, Nambucca - Demolish 2 Dwellings and Erect 15 Units

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on DA 2010/183? 40-42 Liston Street, Nambucca - Demolish 2 Dwellings and Erect 15 Units

 

 

 

CIRCULARISED DOCUMENTS: / Architectural Plans / Landscape Plan? / Submissions / Supplementary Statement of Environmental Effects dated September 2010

 

??Pages

 

??


General Purpose Committee

20 October 2010

Director of Engineering Services Report

ITEM 10.1??? RF256????????????? 201010???????? Riverside Drive Landslip at Domain D, Nambucca Heads

 

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

 

Summary:

 

Subsequent to a report on the stability of Riverside Drive, between the entrance to Bellwood Park and the Nambucca Tourist Centre, GHD Geotechnics were commissioned to undertake detailed geotechnical investigations, identify remedial options and prepare designs, construction specifications and estimated construction costs.

 

The options report has been received and the preferred option selected.

 

GHD have advised that the design, plans, specifications and construction estimate will be provided to Council by 26 November 2010.

 

The estimate will then be presented as part of a report identifying the cost of various slips along Riverside Drive? with a view to setting construction priorities.

 

 

Recommendation:

 

That the Options Report on the landslip at Domain D, Riverside Drive, Nambucca Heads, be noted.

 

 

OPTIONS:

 

1??????? Adopt the recommendation

2??????? Not adopt the recommendation

 

 

DISCUSSION:

 

GHD Geotechnics have been commissioned to undertake detailed geotechnical investigations, identify remedial options and prepare a detailed design, construction plans and cost estimate to restore a failure on Riverside Drive (known as Domain D).? This failure involved the collapse of the concrete footpath on the southern side of the road.? This slip also threatens the long term stability of the road pavement.

 

GHD have submitted the options report which identified nine treatment options.? Following a review of these options undertaken by myself, Council?s Design Engineer and a representative of GHD the following option (plan circularised was selected for detail design and costing in preparation for tendering:

 

Option 2 ????? Pile Wall in footpath alignment

?????????????????? This consists of concrete piles in the middle of the path with a capping beam that also forms the path, a small retaining wall against the road and Shotcrete infill panels as support between the piles.

 

?????????????????? Extracts from the GHD report being Table 7.3 Remediation Options Assessment and Clause 7.3 preferred Remediation Option are attached for information.

 


CONSULTATION:

 

?????????????? Manager Technical Services

?????????????? Design Engineer

?????????????? GHD

?????????????? General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues as a result of this report.

 

Social

 

There are no issues as a result of this report.

 

Economic

 

There are no issues as a result of this report.

 

Risk

 

There are no risks as a result of this report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact as a result of this report.

 

Source of fund and any variance to working funds

 

None.

 

Attachments:

1View

24959/2010 - Table 7-3 Remediation Options Drive Landslip at Domain D, Nambucca Heads

 

2View

?- CIRCULARISED DOCUMENT - Plan - Domain D, Riverside Drive, Nambucca Heads

 

??


General Purpose Committee - 20 October 2010

Riverside Drive Landslip at Domain D, Nambucca Heads

 

?


General Purpose Committee - 20 October 2010

Riverside Drive Landslip at Domain D, Nambucca Heads

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Riverside Drive Landslip at Domain D, Nambucca Heads

 

 

 

CIRCULARISED DOCUMENT - Plan - Domain D, Riverside Drive, Nambucca Heads

 

??Pages

 

?


General Purpose Committee

20 October 2010

Director of Engineering Services Report

ITEM 10.2??? SF593????????????? 201010???????? Drainage issues - Frank Partridge VC Primary School, Nambucca Heads

 

AUTHOR/ENQUIRIES:???? Noel Chapman, Acting Director Engineering Services ????????

 

Summary:

 

Council has received a request from a class at the Frank Partridge VC Primary School to address drainage issues adjacent to the School.

 

The drain in question is an open drain between Frank Partridge VC Primary and Nambucca Heads High Schools.? This drain then enters a piped system under Centenary Parade and then through E J Biffin Playing Fields.

 

There are long standing problems? with drainage in this area and maintenance responsibility has been an on going issue.

 

The immediate problem is the blockage of the entry structure? at centenary parade. This structure is on private land and is fenced within the schools property. No easement exits to allow legal access for maintenance of this structure which is poorly designed and is continually blocked with tree litter and gravel.

 

 

Recommendation:

 

1??????? That Council accept maintenance responsibility for the inlet structure from a natural water course at Centenary Parade, Nambucca Heads.

 

2??????? That Council seek to acquire by dedication at no cost, an Easement for Drainage purposes to allow access for maintenance of the inlet structure above.? Council would survey and meet legal costs only.?

 

3??????? That Council acknowledge that additional maintenance funding will be required.

 

4??????? Council consider funding for the upgrade of the drainage inlet in the 2011/2012 budget.

 

 

OPTIONS:

 

1??????? Accept the recommendation

 

2??????? Not accept maintenance liability.? This option would leave a potential safety hazard and possible future flooding.

 

 

DISCUSSION:

 

An existing natural watercourse (open drain) traverses Department of Education Land and discharges at a point between Nambucca Heads High School and Frank Partridge VC Primary School where it is piped under Centenary Parade.?

 

A class at Frank Partridge VC Primary School has written highlighting concerns over the inlet to the pipe system.? A copy of the letter is attached.

 

The watercourse is on private property (Department of Education) as is the inlet structure.? There is no easement for access and the school boundary fence encloses the drain and inlet.? There is a long history of flooding and maintenance problems with this system (refer to letter by the General Manager dated 30 August 2006). The drain provides an outlet for a catchment generally bounded by Bent Street and Mann Street and also services a recent subdivision off Bent Street.

 

The inlet structure at Centenary Parade is poorly designed and turbulence at the inlet causes blockage by gravel from the sides of the watercourse.? This is compounded by the collection of tree litter in the inlet grate.

 

A preliminary estimate to rectify? the inlet structure is $10,000 plus additional costs if a gross pollutant trap was required.

 

If Council accepts maintenance liability there would be ongoing costs to clean the grating after any significant rain events.? It would also be necessary to acquire an easement for approximately 20m into the Department of Education property to allow legal access to undertake any maintenance works.

 

The Cost could be up to $500 per service.

 

A copy of a detailed survey plan and extract from Council GIS and subdivision plans are attached for information.

 

CONSULTATION:

 

?????????????? Manager Technical Services

?????????????? Surveyor

?????????????? Senior Overseer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Silt and gravel scouring from the inlet to the drainage structure washing downstream.

 

Social

Young students have expressed concern over the unsightly appearance and possible drowning of students.

 

Economic

There are no economic issues as a result of this report.

 

Risk

There is a safety risk due to drowning and possible increases in likehood of flooding in the vicinity of two Schools.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

Additional ongoing maintenance expenditure depending upon weather conditions.? Additional funds required to up grade the inlet structure.

 

Source of fund and any variance to working funds

Funds to be allocated from working funds.

 

Attachments:

1View

22615/2010 - Letter from ML Literacy Group - Drainage

 

2View

6917/2006 - Letter Frank Partridge VC Public School regarding maintenance of drain

 

3View

22631/2010 - Survey Plan and extract from Council GIS and Subdivision Plans

 

??


General Purpose Committee - 20 October 2010

Drainage issues - Frank Partridge VC Primary School, Nambucca Heads

 



?


General Purpose Committee - 20 October 2010

Drainage issues - Frank Partridge VC Primary School, Nambucca Heads

 

Enquiries to?? :? Mr Michael Coulter

Phone No?????? :? 6568 0200

Our Ref???????? :? SF593

 

 

 

30 August 2006

 

 

 

Mr Trevor Mulligan

Principal

Frank Partridge VC Public School

PO Box 288

NAMBUCCA HEADS?? NSW?? 2448

 

 

Dear Mr Mulligan

 

MAINTENANCE OF DRAIN BETWEEN THE NAMBUCCA HEADS HIGH SCHOOL AND THE FRANK PARTRIDGE VC PUBLIC SCHOOL

 

I refer to our meeting on 16 August 2006 and the maintenance of the large swale drain in between the Primary School and the High School.

 

You indicated that the High School maintained the upstream end of the drain but the steeper downstream end is not maintained by the Primary or High Schools.? You suggested that maintenance of the drain is Council's responsibility.?

 

I have now checked the Deposited Plan No 1022651 and there is no defined drainage easement.

 

I have also sought advice from Council's drainage Engineer who has advised that the only maintenance undertaken by Council in the past has been repairs to the inlet of the pipes.? He is of the view that the maintenance of the drain is not Council's responsibility.

 

Please find attached aerial photographs and a design drawing indicating the location of the drain in relation to property boundaries.

 

Yours faithfully

 

 

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

Enc

 

?


General Purpose Committee - 20 October 2010

Drainage issues - Frank Partridge VC Primary School, Nambucca Heads

 




?? ?