NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

21 April 2011

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

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.?

 

Our Values in Delivery

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

How can a Member of the Public Speak at a Council Meeting?

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 21 April 2011

 

Acknowledgement of Country????????? ? (Mayor)

 

I would like to acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.? I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginal People present.

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 7 April 2011

5??????? PUBLIC FORUM

6??????? ASKING OF QUESTIONS WITH NOTICE ??

7??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? Investment Report to 31 March 2011

8.3???? Term Deposits

9??????? Director Environment and Planning Report

9.1???? Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011

9.2???? DA's and CDC's Received and Determined under Delegated Authority to 11 April 2011

9.3???? DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

9.4???? Contract Regulatory Officer's Report March 2011

9.5???? Report on Minutes of the Access Committee Meeting held 22 March 2011, including confirmation of Committee

9.6???? Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision ? Lot 2 DP 548175, 346 East West Road, Valla

9.7???? Exhibition Results Planning Proposal No 3, LEP 2010

10????? Director Engineering Services Report

10.1?? Nambucca District Water Supply - Project Management Procurement Phase of Project

10.2?? Nambucca Shire Traffic Committee Meeting Minutes - 5 April 2011 ????

 

GENERAL PURPOSE COMMITTEE MEETING ? 20 April 2011

 

 


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).

 

??????? ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

General Manager

ITEM 8.1????? SF959????????????? 210411???????? Outstanding Actions and Reports

 

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

 

Summary:

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

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

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

JULY 2009

1

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Fibre optic cable has been laid and computer hardware (backup server) has been ordered.? Hardware has been installed being:

1. ESXi host server in the library. This server runs VMware ESX which is then capable of hosting our servers in a virtual environment if required.

2. Platespin Protect. Installed on the ESX host is a virtual server dedicated to handling replications from our physical servers. Each physical server has a Platespin agent installed to facilitate this replication.

3. Fibre link between admin office and library DR site.

 

Planning is underway to update and then test Council?s disaster recovery and business continuity plan.

AUGUST 2009

2

SF544

20/08/09

Council adopt the Draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

Plan currently being reviewed.

Deferred to October 2010.

Not completed ? deferred to November 2010.

MANEX agreed to rehabilitate Bellwood between Pacific Hwy & Mumbler St with existing contributions.

To be included in Works Program for 2011/2012.

Enquiry to be made with D of P re progress of subdivision application.

 

DoP confirmed that subdivision application submitted, but not ready for public exhibition yet (8/3/11)

 

 

JANUARY 2010

3

SF839

21/01/10

General Manager and Directors be reminded to report on potential revotes at quarterly reviews.

 

GM

On-going.

 

 

 

 

MARCH 2010

4

SF820

20/05/10

Quarterly performance review be presented to Clrs for comment at the first Council meeting of the month; with comments to be received by the next business paper deadline; and with the Performance review + Councillors comments to be considered at the following GPC.? Also dot points be replaced with no?s & an electronic copy to be provided to those Councillors who want it.

 

GM

On-going

 

 

5

SF46

20/05/10

Council consider becoming a member of the NSW Cemetery and Crematoria Association in 12 months time.

 

DEP

Report in May 2011.

JULY 2010

6

SF638

15/07/10

Council formulate a plan of management for land which is occupied by the Valla Beach Pre-School.

 

GM

Scheduled for October 2010.

Deferred to November 2010.

Pre School unable to secure an easement over adjoining land for maintenance of bushfire buffer.? Plan of Management to be prepared following resolution of Pre School extensions.

 

7

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

DEP

Letter sent to owners in Lower Nambucca.? Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date in February 2011.

Information sent through to consultant.? Meeting now not likely to late March 2011.

 

Consultant advised that meeting will need to be deferred to May 2011 due to unavailability.

 

SEPTEMBER 2010

8

SF1471, SF611

2/9/2010

Write to Minister for Local Govt requesting that the LG (manufactured Home Estates etc) Regulation 2005 be amended to require proposals to locate new dwellings in caravan parks to be notified to council prior to placement

DEP

Letter sent on 10/9/2010.

No response as at 26/10/2010.

Response received from Minister for Local Government 5 November 2010 advising that the matter has been referred to the Minister for Planning for consideration. See Trim document 27096/2010.

No response from Minister for Planning as at 22/2/11.

 

No response from Minister for Planning as at 28/3/11.

 

New round of letters sent by weekending 21 April 2011.

9

SF741

16/09/10

Council pursue the potential of recovering the cost (of the enlarged sludge lagoon at the Nambucca Heads STP) from the Public Works Department.

 

GM

Contracts have been reviewed and a letter containing a claim has been sent to the PWD on 29 September 2010.? Response received from PWD on 11 October denying liability.? Meeting to be held on 28 October 2010.? Awaiting finalisation of a design for bank of sludge lagoon.

Council?s solicitor, Terry Perkins has been instructed to act on Council?s behalf in pursuing the claim.

 

GM met with PWD representatives on 2 March.? Verbal agreement has been reached on a $48,000 settlement being the foregone subsidy on the additional work.? PWD to put in writing to Council.

 


OCTOBER 2010

11

SF394

21/10/10

Council be provided with advice on details of transfer of funds from ANZ to UBS Wealth Management Australia Ltd.

 

GM

Report to meeting on 18 November 2010.? Advice received on terminating the Macquarie Bank managed fund.?

CPG has now confirmed Council?s assumption that the UBS CMT is a managed fund and notwithstanding it is a settlement account for transacting purposes only, it would be in breach of the Minister?s orders.? CPG have had meetings with UBS to discuss possible alternatives.? Initially, CPG thought the most likely outcome would be that funds would be swept out daily to either Council?s external bank account or an at call cash account.? CPG to advise all their council clients of action to remedy the problem.

CPG have advised that UBS CMT, is a Managed Fund and that Council staff were correct in their assumption that the account, albeit that it is a settlement account, would be in breach of the Ministers? Orders.? UBS have advised they have a cash account facility that is not a managed fund and pays higher interest rates than the existing UBS CMT account.? To utilise the ?cash account? a Council needs to maintain a balance of $250,000 for 3 days to meet the wholesale client test.? UBS to provide further details.

 

Council staff have now withdrawn funds from the UBS CMT and are establishing a new cash management at call account, possibly with the ANZ bank.? Interest rates being checked before a final decision is made.

 

12

SF1031

21/10/10

New policies be reported back to Council for determination.

 

GM

January 2011.

IPR current priority. Deferred to March 2011.

IPR and reformatting of Management Plan remain priorities.? Have had to defer again to April 2011. Now May 2011.

 

NOVEMBER 2010

13

SF1471

04/11/10

That a Saleyard seminar be held for the community after Council has received the report from Council?s Property Officer and prior to making any final decision on the future of the Saleyards.

 

GM

Report scheduled for December 2010.

Report scheduled for January 2011.

Property Officer to write to CMA requesting funds for improving Saleyards effluent issue.

 

Awaiting response from CMA.

 

14

PRF54

18/11/10

Council approach LPMA re future management of Boultons Crossing (Gumma) Reserve

 

GM

Letter written to LPMA 26 November 2010.? Meeting with LPMA and Committee of Management arranged for 27/1/2011.

 

Meeting held on 27/1/2011.? Awaiting advice from LPMA on bringing more crown land into the reserve and grant opportunities.

 

DECEMBER 2010

15

DA2004/136

2/12/10

That a report be provided to Councillors, as part of the quarterly budget review, regarding all costs to Council of all legal issues.

 

DEP

DES

GM

To come with quarterly budget review.

Defer to April 2011.

 

17

SF341

2/12/10

Council request from CoM involved with markets info regarding their insurance cover and a copy of any policies.

 

GM

Letters sent on 10 December 2010.

 

Responses received from 2 of 3 Committees of Management.? Information from 3rd Committee has been followed up.

To be reported in April 2011.

 

18

SF296

2/12/10

Signage at Ferry Street Macksville ? Council review after the Christmas break.

 

DEP

Report to Council in February 2011

Signs unable to be erected prior to Christmas.? Report deferred to April 2011.

 

Report further deferred to after April school holidays.

 

19

PRF53

16/12/10

Council write to Country Energy asking if electricity cables can be bundled in River Street to reduce pruning as a community service.

 

DES

Letter sent 9 February 2011.

 

Response received from Country Energy advising that the matter is being investigated.

21

SF1372

16/12/10

Council?s Strategic Planner prepare a Climate Change Adaptation Policy for future adoption by Council to ensure that actions contained in the Climate Change Adaptation Strategy are given consideration in future decision making, policy implementation, strategy development & Council staff.

 

DEP

Targeting April 2011.

 

Due to workloads this report has been deferred ? now likely to be May 2011.

22

SF844

16/12/10

That a Project Implementation Management Plan for the off-stream dam be developed to include provision for hollow bearing trees that are removed as part of the pre-clearing survey to be replaced by nesting boxes of similar dimension provided in suitable vegetation, with the catchment above the dam top water level.

 

DES

GHD commissioned.? Plan anticipated in March 2011.

 

To be included within the contract documentation as a condition imposed on the contractor obligations and compliance with the EIS.

 

JANUARY 2011

24

SF84

20/1/11

Council seek further information from the LGSA re the property based levy (for emergency services)

 

GM

Letter sent 21/1/11

25

SF84

20/1/11

Council write to RFS Commissioner re undertaking that increases in RFS contributions would be subject to review by IPART.

 

GM

Letter sent 21/1/11

FEBRUARY 2011

30

SF1508

3/2/11

Council revert to in-house monitoring of energy consumption and greenhouse gas production and revisit the option of engaging consultants for benchmarking in 12 months time.

 

DES

Report in February 2012.

32

SF755

17/2/11

Council defer demolition of the old rugby league amenities at Coronation Park for a period of 3 months to allow the Trust to complete their proposal to restore parts of the building and to demonstrate their ability to fund the project.

 

DES

Report June 2011 GPC.

33

SF1291

17/2/11

Paveline patching machine ? a further report be prepared of the year July 2010 to June 2011 for comparison with the same period in the previous year.

DES

Report to April 2011.

 

Report to August 2011.

34

SF775

17/2/11

Council liaise with the Saltwater Freshwater Festival Committee with a view to conducting the Festival in the Nambucca Valley in 2013.

 

GM

Letter sent to Committee on 21 February 2011.

35

SF787

17/2/11

Council write to the relevant Minister and Federal Government Department concerned with pest control seeking a more active approach to the control of the Indian Myna and requesting that it be officially declared as a pest.

 

DEP

Letters sent 3 March 2011.

 

Response from Minister Sartor received 15/3/11 advising that matter is being considered and a formal response will be sent in due course.? See Trim doc 6789/2011

 

New round of letters to be sent to the Relevant Minister and State Government

MARCH 2011

37

RF275

17/3/11

Council write to the Minister for Roads requesting an immediate decision on the total reconstruction of the Bowraville to Bellingen Road.

 

GM

Letter sent 22/3/2011

38

SF261

17/3/11

 

Council request the RTA to provide a breakdown of the $10m expenditure on safety improvements to the Pacific Highway between Urunga and Nambucca Heads.

 

GM

Letter sent 22/3/2011

39

SF1595

17/3/11

Council be provided with a report on other councils? (Mid North Coast Group of Councils) garbage services inclusive of waste management processes, environmental outcomes and the rate per annum.

 

DES

Report May 2011

40

SF788

17/3/11

Council write to CHCC requesting the audit report (on biomass solutions) as soon as it?s received and request a presentation on the 3 options with the opportunity to comment before CHCC determines their position.? Copy of letter to go to Bellingen SC.

 

GM

Letter sent 22/3/2011

41

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

DEP

Brief to be prepared and new floodplain study to be undertaken during 2011.

42

PRF53

17/3/11

Further concept plans on the River Street foreshore redevelopment be prepared for Council?s consideration.

 

DES

Report April 2011.

APRIL 2011

43

 

7/4/2011

Council approach the Minister for Roads and the Local Member to request Taylors Arm Road, MR533 be reinstated as a Regional Road.

DES

Letter sent week ending 15 April 2011

44

 

7/4/2011

Council commence the formal procedure to rename the Congarinni Bridge the, ?Howard ?Pud? Langford? bridge.

DES

Process commenced

45

 

7/4/2011

Council receive a report on options for addressing waste disposal for the residents of Burrapine.? One of the options to be considered is a waste transfer station.

DES

Report to be prepared by June 2011

46

SF1595

7/4/2011

A report to come back to Council on the terms of reference for an Economic Directions Committee, including its role, selection of members, frequency of meeting, voting arrangements and any delegations of authority.

GM

Report to Council in May 2011

47

SF841

7/4/2011

Council request the RTA to conduct a safety review of the Pacific Highway between Eungai and Nambucca Heads with a view to undertaking interim safety works including consideration of speed zones and speed cameras.? Council seek the support of its Local Member and Deputy Premier to the request.

DES

Letter forwarded week ending 15 April 2011

48

SF29

7/4/2011

That a Committee be formed comprising the Mayor, library delegates, MCCS to investigate the possibility of forming a relationship with other local Council libraries and that the Committee report back to Council by Feb 2012.

DEP

MCCS to arrange an Inaugural Meeting

49

SF29

7/4/2011

Council write to the Clarence Valley Council asking what they anticipate future contributions to the Clarence Regional Library will be when the Strategic Plan has been completed and the planned outcomes achieved.

GM

 

50

SF358

7/4/2011

That the GM report on the options for the use of the funds in the S94 reserve for public recreation in the Macksville/Scotts Head catchment including foreshore redevelopment at River Street, Macksville.

GM

Report to Council in May 2011

51

SF878

7/4/2011

That Council request a presentation from the Executive of the Mid North Weight of Loads Group at a GPC meeting.

DES

Request forwarded to Mid North Weight of Loads to present at a GPC

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

General Manager's Report

ITEM 8.2????? SF394????????????? 210411???????? Investment Report to 31 March 2011

 

AUTHOR/ENQUIRIES:???? Faye Hawthorne, Accountant ????????

 

Summary:

 

The total return on investments from 1 July to 31 March 2011 is $1,283,746.00.

 

During March, Term Deposit interest rates ranged from 5.74% for 30 days and up to 6.64% for 12 months. Council placed three Term Deposits during the month between 210 and 1832 days with interest rates from 5.98% to 7.15%.

 

With the Managed Funds, the balances and returns for the month are:

 

?????????????? Macquarie Income Plus - balance $3,358,467 positive return $26,993

?????????????? Blackrock - balance $209,767 positive return $3,966

?????????????? TCorp - balance $979,260 positive return $2,372.

?????????????? UBS ? balance $170,737 positive return $12,792

 

Council currently has $6.50 Million with Managed Funds and the balance of $26.679 Million on term deposits.

 

?????????????? This report details all the investments placed during March and Council funds invested as at 31 March 2011.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 ? Investment of Surplus Funds

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants? Report on Investments placed to 31 March 2011 be noted.

 

 

OPTIONS:

 

This report is for information only.

 

DISCUSSION:

 

This report details all the investments placed during March 2011 and Council funds invested as at 31 March 2011.


 

1 Investments Placed 1 to 31 March 2011

 

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

03.03.11

$531,434.50

365

BCU

6.50%

BCU

 

ING

6.45%

6.50%

Bankwest

6.05%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

10.03.11

$1,049,309.72

224

NAB

6.25%

NAB

 

ANZ

5.66%

6.25%

ING

6.23%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

11.03.11

$1,000,000.00

283

IMB

6.28%

IMB

 

ING

6.27%

6.28%

Aust. Central Savings & Loans

6.20%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

11.03.11

$1,000,000.00

270

Bank of Qld

6.25%

Bank of Qld(Macquarie)

6.25%

Aust. Central Savings & Loans

6.20%

 

Westpac

5.85%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

25.03.11

$500,000.00

367

Rabobank(Aust)

6.60%

Rabobank(Aust)

 

Bankwest

5.95%

6.60%

ING

6.52%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

25.03.11

$1,000,000.00

1832

Rabobank(Aust)

7.15%

Rabobank(Aust)

 

Bankwest

6.90%

7.15%

NAB

7.00%

 

Date

?Amount

Period (Days)

Quotes

%

Accepted

 

31.03.11

$598,551.01

210

Cth

5.50%

Bankwest

 

Bankwest

5.98%

5.98%

NAB

5.90%

 

 


 

2 Investments Matured & Interest & Returns 1 to 31 March 2011

 

Term Deposits/Bank Bills

 

 

 

 

Institution

?Amount

Period (Days)

Rate

?Interest

BCU

?$515,706.85

181

6.15%

?$15,727.65

NAB

?$1,014,013.70

210

6.05%

?$35,296.02

Bankwest

?$579,868.14

196

6.00%

?$18,682.87

LGFS

?$550,474.22

14

5.85%

?$1,132.78

 

 

Managed Funds

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Returns This Month

Annualised Performance FYTD

Returns FYTD

UBS Wealth M'ment Aust Ltd

?$170,736.92

31

0.90%

?$12,792.62

3.77%

?$29,444.26

Macquarie Global Income Opportunity

?$3,358,467.31

31

0.62%

?$26,992.70

34.19%

?$305,027.22

Blackrock

?$209,767.05

31

1.12%

?$3,965.50

17.01%

?$25,911.08

 

 

Long Term Funds

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Coupons Paid to Date

Annualised Performance FYTD

NSW Treasury Corp

?$979,260.72

31

0.24%

?$2,371.91

-$32,064.08

N/A

176.82%

Longreach 2-2007*

?$973,370.00

31

0.54%

?$5,230.00

-$28,730.00

?$76,201.36

16.69%

Longreach Series 26*

?$422,250.00

31

0.68%

?$2,850.00

-$73,500.00

?$17,500.00

43.61%

Averon II*

?$406,350.00

31

0.30%

?$1,200.00

-$93,650.00

?$28,396.10

35.41%

 


 

3? Investments held at 31 March 2011

 

 

 

 

Institution

?Amount

Period (Days)

Maturity Date

?Interest Due at maturity

Interest

 

BCCU - No 1

$531,434.50

365

03/03/12

?$34,543.24

6.50%

 

BCCU - No 2

$679,936.19

365

27/05/11

?$43,175.95

6.35%

 

BCCU - No 3

$1,046,044.58

119

02/06/11

?$20,803.39

6.10%

 

IMB - No 1

$1,194,304.53

252

22/09/11

?$51,452.60

6.24%

 

IMB - No 2

$1,000,000.00

283

19/12/11

?$48,691.51

6.28%

 

Bankwest - No 1

$598,551.01

210

27/10/11

?$20,593.43

5.98%

 

Bankwest - No 2

$1,105,669.47

280

05/05/11

?$53,011.55

6.25%

 

Macquarie Bank** - No 1

$321,036.16

273

07/07/11

?$14,767.22

6.15%

 

Macquarie Bank - No 2

$897,726.13

219

14/07/11

?$33,664.73

6.25%

 

Bendigo & Adelaide - No 1

$1,029,095.89

189

14/04/11

?$31,439.58

5.90%

 

Australian Central Savings & Loans - No 1

$574,853.40

210

08/09/11

?$20,505.73

6.20%

 

Australian Central Savings & Loans - No 2

$1,030,065.75

364

06/10/11

?$62,970.04

6.13%

 

Australian Central Savings & Loans - No 3

$1,075,159.46

367

14/11/11

?$68,430.51

6.33%

 

Bank of Qld - No. 1

$1,000,000.00

270

06/12/11

?$46,232.88

6.25%

 

Newcastle Permanent - No 1

$1,161,668.77

364

25/08/11

?$71,826.14

6.20%

 

NAB - No 1

$1,049,309.72

224

20/10/11

?$40,247.50

6.25%

 

NAB - No 2

$1,100,714.81

88

20/04/11

?$14,940.77

5.63%

 

NAB - No 3

$1,036,635.62

197

05/07/11

?$35,807.95

6.40%

 

NAB - No 4

$1,101,392.97

181

28/07/11

?$33,917.17

6.21%

 

NAB - No 5

$1,043,852.77

180

04/08/11

?$32,122.07

6.24%

 

NAB - No 6

$1,101,017.99

364

09/12/11

?$72,468.10

6.60%

 

Suncorp - No 1

$866,134.39

140

09/06/11

?$20,763.50

6.25%

 

Westpac - No 1

$854,400.00

210

30/06/11

?$30,035.09

6.11%

 

Westpac(CPG) - No 2

$1,000,000.00

188

28/04/11

?$30,904.11

6.00%

 

Bendigo & Adelaide(CPG) - No 2

$750,000.00

181

16/06/11

?$23,244.86

6.25%

 

Bendigo & Adelaide(CPG) - No 3

$1,030,000.00

209

24/06/11

?$37,156.19

6.30%

 

Bankwest(CPG) - No 3

$1,000,000.00

258

21/07/11

?$42,764.38

6.05%

 

Rabobank(Aust)(Curve Securities)-No.1

$500,000.00

367

26/03/12

?$33,180.82

6.60%

 

Rabobank(Aust)(Curve Securities)-No.2

$1,000,000.00

1832

30/03/16

?$358,871.23

7.15%

 

Blackrock Diversified Credit Fund

$209,767.05

30

30/04/11

?$901.71

5.23%

 

Macquarie Global Income Opportunity

$3,358,467.31

30

30/04/11

?$16,562.30

6.00%

 

UBS Wealth Management Aust Ltd

$170,736.92

30

30/04/11

?$701.66

5.00%

 

NSW Treasury Corp Long Term Growth

$979,260.72

30

30/04/11

?$ -??

0.00%

 

Longreach 2-2007

$973,370.00

30

30/04/11

?$1,600.06

2.00%

 

Longreach Series 26

$422,250.00

30

30/04/11

?$????? -??

0.00%

 

Averon II

$406,350.00

30

30/04/11

?$ -??

0.00%

 

TOTAL

?$33,199,206.11

 

 

?$1,448,297.97

 

 

** Deposits - Government Guarantee of 1% covered by institution

 

 

4 Interest Earned on Investments: March 2011

 

 

Total

Interest earned to date

?$1,283,746.00

 

Plus

Interest due to 31/03/11

?$501,687.93

 

 

 

 

 

Accrued? to 31//03/11

?$1,785,433.93

 

Plus

Year to date unrealised changes in Net Asset Value of Capital Protected Securities

-$9,280.00

 

* Investment Returns to 31/03/11

?$1,776,153.93

 

 

 

 

 

Amount of interest expected from all funds and reserves

 

 

as per Budget

?$1,692,600.00

 

* To ensure consistency, returns take into account unrealised gains in Capital Protected Investments for March of ($9,280)

? Unrealised losses were added back in previous investment reports.

 

 

 

 

 


5??????? Performance Report

 

TERM DEPOSITS

 

 

 

 

 

 

Institution

Invested

Days

Date of

Interest

Amount of

Total interest &

 

Amount

Invested

Maturity

Rate

interest

investment

 

 

 

 

 

due on

due on

 

 

 

 

 

maturity

Maturity

BCCU-No.1

$531,434.50

365

03/03/12

6.50%

$34,543.24

$565,977.74

BCCU-No.2

$679,936.19

365

27/05/11

6.35%

$43,175.95

$723,112.14

BCCU-No.3

$1,046,044.58

119

02/06/11

6.10%

$20,803.39

$1,066,847.97

IMB-No. 1

$1,194,304.53

252

22/09/11

6.24%

$51,452.60

$1,245,757.13

IMB-No. 2

$1,000,000.00

283

19/12/11

6.28%

$48,691.51

$1,048,691.51

Bankwest- No.1

$598,551.01

210

27/10/11

5.98%

$20,593.43

$619,144.44

Bankwest-No. 2

$1,105,669.47

280

05/05/11

6.25%

$53,011.55

$1,158,681.02

Macquarie Bank- No. 1

$321,036.16

273

07/07/11

6.15%

$14,767.22

$335,803.38

Macquarie Bank- No. 2

$897,726.13

219

14/07/11

6.25%

$33,664.73

$931,390.86

Bendigo & Adelaide - No. 1

$1,029,095.89

189

14/04/11

5.90%

$31,439.58

$1,060,535.47

Australian Central Savings & Loans - No 1

$574,853.40

210

08/09/11

6.20%

$20,505.73

$595,359.13

Australian Central Savings & Loans - No 2

$1,030,065.75

364

06/10/11

6.13%

$62,970.04

$1,093,035.79

Australian Central Savings & Loans - No 3

$1,075,159.46

367

14/11/11

6.33%

$68,430.51

$1,143,589.97

Bank of Qld No. 1 (Macq)

$1,000,000.00

270

06/12/11

6.25%

$46,232.88

$1,046,232.88

Newcastle Permanent - No. 1

$1,161,668.77

364

25/08/11

6.20%

$71,826.14

$1,233,494.91

NAB - No. 1

$1,049,309.72

224

20/10/11

6.25%

$40,247.50

$1,089,557.22

NAB - No. 2

$1,100,714.81

88

20/04/11

5.63%

$14,940.77

$1,115,655.58

NAB - No. 3

$1,036,635.62

197

05/07/11

6.40%

$35,807.95

$1,072,443.57

NAB - No. 4

$1,101,392.97

181

28/07/11

6.21%

$33,917.17

$1,135,310.14

NAB - No. 5

$1,043,852.77

180

04/08/11

6.24%

$32,122.07

$1,075,974.84

NAB - No. 6

$1,101,017.99

364

09/12/11

6.60%

$72,468.10

$1,173,486.09

Suncorp-No. 1

$866,134.39

140

09/06/11

6.25%

$20,763.50

$886,897.89

Westpac? -No. 1

$854,400.00

210

30/06/11

6.11%

$30,035.09

$884,435.09

Westpac (CPG) -No.2

$1,000,000.00

188

28/04/11

6.00%

$30,904.11

$1,030,904.11

Bendigo & Adelaide (CPG)-No.2

$750,000.00

181

16/06/11

6.25%

$23,244.86

$773,244.86

Bendigo & Adelaide-(CPG) -No.3

$1,030,000.00

209

24/06/11

6.30%

$37,156.19

$1,067,156.19

Bankwest(CPG) - No. 3

$1,000,000.00

258

21/07/11

6.05%

$42,764.38

$1,042,764.38

Rabobank(Aust)(Curve Securities)-No.1

$500,000.00

367

26/03/12

6.60%

$33,180.82

$533,180.82

Rabobank(Aust)(Curve Securities)-No.2

$1,000,000.00

1,832

30/03/16

7.15%

$358,871.23

$1,358,871.23

Total Term Deposits

$26,679,004.11

 

 

 

$1,428,532.24

$28,107,536.35


 

MANAGED FUNDS- Medium term

 

 

 

 

 

 

Blackrock Diversified Credit

 

 

 

 

 

 

Anticipated return per month 5.23%

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2010

$441,092.53

 

 

 

$441,092.53

Returns

31/07/2010

 

 

$3,079.78

 

$444,172.31

Returns

31/08/2010

 

 

$3,764.17

 

$447,936.48

Returns

30/09/2010

 

 

$2,737.58

 

$450,674.06

Wind up

22/10/2010

 

 

 

-$108,521.54

$342,152.52

Returns

31/10/2010

 

 

$3,124.72

 

$345,277.24

Returns

30/11/2010

 

 

$1,026.60

 

$346,303.84

Returns

31/12/2010

 

 

$4,106.37

 

$350,410.21

Returns

31/01/2011

 

 

$2,737.57

 

$353,147.78

Returns

28/02/2011

 

 

$1,368.79

 

$354,516.57

Wind up

30/03/2011

 

 

 

-$148,715.02

$205,801.55

Returns

31/03/2011

 

 

$3,965.50

 

$209,767.05

 

 

$441,092.53

$0.00

$25,911.08

-$257,236.56

$209,767.05

 

 

Macquarie Global Income Opportunity

 

 

 

 

 

 

 

Anticipated return per month 6.00%

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

 

 

 

 

 

 

 

Bal Bgt Forward

30/06/2010

$4,053,440.09

 

 

 

$4,053,440.09

Returns

31/07/2010

 

 

$25,229.72

 

$4,078,669.81

Returns

31/08/2010

 

 

$37,030.73

 

$4,115,700.54

Returns

30/09/2010

 

 

$37,243.28

 

$4,152,943.82

Returns

31/10/2010

 

 

$42,691.13

 

$4,195,634.95

Returns

30/11/2010

 

 

$33,249.82

 

$4,228,884.77

Returns

31/12/2010

 

 

$31,197.37

 

$4,260,082.14

Returns

31/01/2011

 

 

$31,351.88

 

$4,291,434.02

Returns

28/02/2011

 

 

$40,040.59

 

$4,331,474.61

Redemption

25/03/2011

 

 

 

-$1,000,000.00

$3,331,474.61

Returns

31/03/2011

 

 

$26,992.70

 

$3,358,467.31

 

 

$4,053,440.09

$0.00

$305,027.22

-$1,000,000.00

$3,358,467.31


 


UBS Wealth Management Aust Ltd

Anticipated return per month 5.00%

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2010

$285,813.11

 

 

 

$285,813.11

Additions

21/07/2010

 

$1,012,553.42

 

 

$1,298,366.53

Redemptions

22/07/2010

 

 

 

-$800,000.00

$498,366.53

Redemptions

29/07/2010

 

 

 

-$100,000.00

$398,366.53

Returns

31/07/2010

 

 

$2,058.38

 

$400,424.91

Redemptions

5/08/2010

 

 

 

-$150,000.00

$250,424.91

Redemptions

19/08/2010

 

 

 

-$200,000.00

$50,424.91

Additions

19/08/2010

 

$1,016,387.12

 

 

$1,066,812.03

Redemptions

20/08/2010

 

 

 

-$800,000.00

$266,812.03

Additions

26/08/2010

 

$1,017,459.18

 

 

$1,284,271.21

Returns

31/08/2010

 

 

-$433.18

 

$1,283,838.03

Additions

23/09/2010

 

$1,022,953.42

 

 

$2,306,791.45

Redemptions

23/09/2010

 

 

 

-$1,200,000.00

$1,106,791.45

Additions

30/09/2010

 

$1,024,084.93

 

 

$2,130,876.38

Redemptions

30/09/2010

 

 

 

-$500,000.00

$1,630,876.38

Returns

30/09/2010

 

 

$3,416.27

 

$1,634,292.65

Redemptions

7/10/2010

 

 

 

-$300,000.00

$1,334,292.65

Redemptions

21/10/2010

 

 

 

-$500,000.00

$834,292.65

Additions

21/10/2010

 

$1,028,109.59

 

 

$1,862,402.24

Redemptions

22/10/2010

 

 

 

-$1,000,000.00

$862,402.24

Redemptions

28/10/2010

 

 

 

$1,029,260.27

$1,891,662.51

Additions

28/10/2010

 

 

 

-$600,000.00

$1,291,662.51

Funds From Blackrock Windup

22/10/2010

 

$108,521.54

 

 

$1,400,184.05

Returns

31/10/2010

 

 

-$87.64

 

$1,400,096.41

Additions

4/11/2010

 

$1,029,652.18

 

 

$2,429,748.59

Redemptions

5/11/2010

 

 

 

-$1,000,000.00

$1,429,748.59

?Interest from Suncrop T/D

23/11/2010

 

 

 

$34,012.60

$1,463,761.19

?Interest from Bendigo T/D

26/11/2010

 

 

 

$5,215.07

$1,468,976.26

Returns

30/11/2010

 

 

-$418.77

 

$1,468,557.49

?Interest from Bendigo T/D

16/12/2010

 

 

 

$29,116.85

$1,497,674.34

Redemptions

22/12/2010

 

 

 

-$800,000.00

$697,674.34

Additions

22/12/2010

 

$1,004,438.36

 

 

$1,702,112.70

Returns

31/12/2010

 

 

$13,482.07

 

$1,715,594.77

Redemptions

20/01/2011

 

 

 

-$300,000.00

$1,415,594.77

Returns

31/01/2011

 

 

-$701.16

 

$1,414,893.61

Returns

28/02/2011

 

 

-$664.33

 

$1,414,229.28

Redemptions

25/03/2011

 

 

 

-$500,000.00

$914,229.28

Returns

31/03/2011

 

 

 

-$905,000.00

$9,229.28

Funds From Blackrock Windup

30/03/2011

 

$148,715.02

 

 

$157,944.30

Returns

31/03/2011

 

 

$12,792.62

 

$170,736.92

 

 

$285,813.11

$8,412,874.76

$29,444.26

-$8,557,395.21

$170,736.92

MANAGED FUNDS- Long Term Funds

 

 

 

 

 

 

 

NSW Treasury Corp

 

 

 

 

 

 

Anticipated return per month 0.00%

 

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

 

Date

Investment

Deposits

 

Pay Outs

Value

 

Bal Bgt Forward

30/06/2010

$890,567.41

 

 

 

$890,567.41

 

Returns

31/07/2010

 

 

$24,651.70

 

$915,219.11

 

Returns

31/08/2010

 

 

-$9,837.79

 

$905,381.32

 

Returns

30/09/2010

 

 

$23,956.31

 

$929,337.63

 

Returns

31/10/2010

 

 

$11,633.66

 

$940,971.29

 

Returns

30/11/2010

 

 

-$2,597.81

 

$938,373.48

 

Returns

31/12/2010

 

 

$16,377.49

 

$954,750.97

 

Returns

31/01/2011

 

 

$13,779.68

 

$968,530.65

 

Returns

28/02/2011

 

 

$8,358.16

 

$976,888.81

 

Returns

31/03/2011

 

 

$2,371.91

 

$979,260.72

 

 

 

$890,567.41

$0.00

$88,693.31

$0.00

$979,260.72

 

 

 

Longreach 2-2007 - (Capital Protected)

 

 

 

 

 

 

Anticipated return per month 2.00%

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2010

$961,140.00

 

 

 

$961,140.00

Returns

31/07/2010

 

 

-$6,400.00

 

$954,740.00

Returns

31/08/2010

 

 

$7,070.00

 

$961,810.00

Returns

30/09/2010

 

 

-$5,430.00

 

$956,380.00

Returns

31/10/2010

 

 

$4,680.00

 

$961,060.00

Returns

30/11/2010

 

 

$3,190.00

 

$964,250.00

Returns

31/12/2010

 

 

-$7,200.00

 

$957,050.00

Returns

31/01/2011

 

 

$6,530.00

 

$963,580.00

Returns

28/02/2011

 

 

$4,560.00

 

$968,140.00

Returns

31/03/2011

 

 

$5,230.00

 

$973,370.00

 

 

$961,140.00

$0.00

$12,230.00

$0.00

$973,370.00


 

Longreach Series 26 (Capital Protected)

 

 

 

 

Anticipated return per month 0.00%

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2010

$409,450.00

 

 

 

$409,450.00

Returns

31/07/2010

 

 

$2,050.00

 

$411,500.00

Returns

31/08/2010

 

 

$4,400.00

 

$415,900.00

Returns

30/09/2010

 

 

-$5,250.00

 

$410,650.00

Returns

31/10/2010

 

 

$2,200.00

 

$412,850.00

Returns

30/11/2010

 

 

-$750.00

 

$412,100.00

Returns

31/12/2010

 

 

$500.00

 

$412,600.00

Returns

31/01/2011

 

 

$5,650.00

 

$418,250.00

Returns

28/02/2011

 

 

$1,150.00

 

$419,400.00

Returns

31/03/2011

 

 

$2,850.00

 

$422,250.00

 

 

$409,450.00

$0.00

$12,800.00

$0.00

$422,250.00

 

Averon II (Capital Protected)

 

 

 

 

 

 

Anticipated return per month 0.00%

 

 

 

 

Institution

 

 

Additional

Performance

Redemptions/

Current Market

 

Date

Investment

Deposits

 

Pay Outs

Value

Bal Bgt Forward

30/06/2010

$396,450.00

 

 

 

$396,450.00

Returns

31/07/2010

 

 

-$3,700.00

 

$392,750.00

Returns

31/08/2010

 

 

$3,200.00

 

$395,950.00

Returns

30/09/2010

 

 

$200.00

 

$396,150.00

Returns

31/10/2010

 

 

$2,050.00

 

$398,200.00

Returns

30/11/2010

 

 

-$2,000.00

 

$396,200.00

Returns

31/12/2010

 

 

-$1,150.00

 

$395,050.00

Returns

31/01/2011

 

 

$8,100.00

 

$403,150.00

Returns

28/02/2011

 

 

$2,000.00

 

$405,150.00

Returns

31/03/2011

 

 

$1,200.00

 

$406,350.00

 

 

$396,450.00

$0.00

$9,900.00

$0.00

$406,350.00

Total Managed Funds-Performance since July 2010

$8,412,874.76

$484,005.87

-$9,814,631.77

$6,520,202.00

Total investments for the month

 

 

 

 

 

$33,199,206.11

Total investments on maturity

 

 

 

 

 

$34,627,738.35

 



CONSULTATION:

 

Grove Research and Advisory.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

That Council may not meet its budget returns for 2010/2011 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2010/2011 was completed with the December Budget Review and GPG Research & Advisory provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments was assessed with the December 2010 Budget Review.? Variances have been distributed between the Water, Sewerage and General Funds for the first and second quarter of the financial year.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

General Manager's Report

ITEM 8.3????? SF394????????????? 210411???????? Term Deposits

 

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

 

Summary:

 

It will be noted from the report on investments in this business paper that Council has $6.5m with managed funds and $26.679m in term deposits generally with maturity dates of less than 12 months.? The only exception is a $1m term deposit recently taken out with Rabobank for a term of 5 years at an interest rate of 7.15%.?

 

Council is continuing to receive advice from its investment adviser, CPG Research and Advisory urging that we further diversify our investment portfolio in term deposits away from short term deposits.

 

Their concern is that if we don?t lock in a proportion of longer dated securities we will be more exposed to potential weaknesses in the cash rate in the event of a deteriorating economic environment eg anaemic domestic growth, or further shocks at home or abroad including the oft discussed double dip recession.

 

In lieu of the resolution of Council from February 2010 it is recommended that the General Manager and in turn finance staff be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years provided the total portfolio exceeding 2 years is not more than $5m.? Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice from CPG Advisory.

 

 

Recommendation:

 

The General Manager be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years provided the total portfolio exceeding 2 years is not more than $5m.

 

Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice received from CPG Advisory.

 

 

OPTIONS:

 

Subject to compliance with Ministerial Directions, Council has discretion as to the structure of its investment portfolio.? However it is prudent to accept the advice of our professional investment adviser, CPG Research and Advisory.

 

DISCUSSION:

 

It will be noted from the report on investments in this business paper that Council has $6.5m with managed funds and $26.679m in term deposits generally with maturity dates of less than 12 months.? The only exception is a $1m term deposit recently taken out with Rabobank for a term of 5 years at an interest rate of 7.15%.?

 

Typically interest rates for the short dated term deposits are less than 6.5%.? In the event that the cash rate falls, Council will have significant exposure to a loss of investment income as its $25.679m is rolled over at lower interest rates.? Whilst no one knows whether the cash rate will fall, prudent risk management would suggest that we should hedge against this possibility, particularly where there is a reasonable interest premium for the longer dated securities.

 

Council is continuing to receive advice from its investment adviser, CPG Research and Advisory urging that we further diversify our investment portfolio in term deposits away from short term deposits for the reason discussed above.? Their concern is that if we don?t lock in a proportion of longer dated securities we will be more exposed to potential weaknesses in the cash rate in the event of a deteriorating economic environment eg anaemic domestic growth, or further shocks at home or abroad such as a hiccup in China.

 

Strategically, CPG draw attention to the 15 month period that fixed interest rates collapsed during the GFC (from July 2008 to October 2009).? Term deposits of more than 18 months would provide Council with significant protection against income risks in a period of economic weakness.? Also given current interest rates it is difficult to see a downside in longer dated securities as they are providing a better return as well as reducing risk.

 

Our investment advisers encourage Council to continue to take advantage of the term deposit premium which is on offer for longer dated securities.? They believe that the current spread in interest rates will narrow in the foreseeable future.

 

In February 2010 Council resolved;

 

?that finance staff be advised not to invest deposits for three to five years and that any long term investment be reported to Council prior to investing?.

 

There is usually insufficient time to report to Council on an opportunity for securing favourable interest rates for longer dated term deposits.? Typically such investment decisions have to be made within 48 hours based on a recommendation from CPG.? Council?s accountant also has to take into consideration the requirement for cash over the term of the deposit.

 

In lieu of the resolution of Council from February 2010 it is recommended that the General Manager and in turn finance staff be provided with delegated authority to invest in longer dated term deposits being terms of up to 5 years provided the total portfolio exceeding 2 years is not more than $5m.? Further, any decision to invest in longer dated term deposits is only to be made in accordance with advice from CPG Advisory.

 

CONSULTATION:

 

There has been consultation with Council?s accountant and CPG Advisory.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

The report is concerned with minimising the risk to returns from Council?s investment portfolio.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no implication on Council?s budget.? Should there be a decline in the cash rate, Council will have a significant exposure to the loss of investment income when those term deposits are rolled over.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Environment and Planning

ITEM 9.1????? SF1589??????????? 210411???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 28 March 2011

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to ?call in? an application a Notice of Motion is required specifying the reasons why it is to be ?called in?.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1????????? That Council note the progress of DA2004/136.

 

2????????? That the remaining outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

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

 

 

DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2004/136

Ongoing from Court Decision

11 Lot Rural-Residential Subdivision

Lot 2 in DP 548175, 346 East West Road, Valla

? Dust issues and related health problems

? Clearing of koala habitat

? Impacts on biodiversity

? Threatened Species Act ? 7 part assessment ? doesn?t believe it satisfies it

? Further consideration should be given to soil testing and endangered species

Further additional information received by letter dated 30 July 2010. DA readvertised and renotified until 13/9/10.

Request further information from applicant on 22 September.

Response received indicating information should be with Council by 29/10/10.

Response from DoP in regard to KPoM received 24/12/10 making suggested consent conditions

Response from RFS 4/1/11 requiring additional information

Bushfire Safety Authority from the RFS provided to Council by letter dated 07/03/2011.

See Report prepared for GPC of 20/04/2011.


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2010/234

27/09/2010

New School

Lot 11 DP 805157, 21 Dudley Street, Macksville

? Concerns with traffic and road conditions for buses in Dudley & East Streets

? Traffic Study lacking in accuracy

Discussed at a Development Traffic Committee meeting. Appropriate conditions of consent to be applied if the application is approved.

DA to be determined by JRPP on 12 April 2011

 

2008/139/01 Modification

22/11/2010

Pre-cast Concrete Plant

Lot 4, DP 549892, 2 Centra Park Street, Macksville

? Concerns with long term noise issues

? Disregard for operating hours noted in original consent

To be presented to Council at a future General Purpose Business Meeting

 

2011/010

01/02/2011

2 Lot Subdivision

Lot 11 DP 805157, 21 Dudley Street, Macksville

? Flooding issues ? not suitable for housing

? Area should be zoned for public recreation

? Noise issues

? Drainage problems

 

Awaiting the Planning Proposal Amend 4 to be progressed and the determination of DA 2010/234

 

2011/011

01/02/2011

13 Lot Large Lot Residential Subdivision plus new road

Lot 1 DP 1087301, Wirrimbi Road, Newee Creek

? Entrance to property compromised

? Traffic concerns

? Co-ax cable underneath subdivision

? Protection of natural waterways and erosion and siltation

? Area floodprone

? Fire hazard concerns with bushland

Concerns will be addressed when assessing the application

Awaiting additional information from applicant in relation to flora and fauna, stormwater drainage and flooding.

If additional information to be lodged week of 11/04/2011

2011/031

01/03/2011

4 Lot Rural and Large Lot Residential Subdivision

Lot 2 DP 828150, Upper Warrell Creek Road, Macksville

? Proposed residence too close to cattle yards

? Possible future conflicts with rural use of property

 

Awaiting additional information requested by email on 08/03./2011


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/036

07/03/2011

Mobile Food Stall and Home Occupation

Lot 33 DP 245574, 4 Bismark Street, Nambucca Heads

? Traffic issues in Bismark Street

? Parking issues with road too narrow and needing to use incorrect side of road

? Concerns with heavy vehicles delivering goods and causing more traffic

 

Application to be determined by 15/04/2011

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Director Environment & Planning's Report

ITEM 9.2????? SF1589??????????? 210411???????? DA's and CDC's Received and Determined under Delegated Authority to 11 April 2011

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

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

 

 

DEVELOPMENT APPLICATIONS RECEIVED TO 11 APRIL 2011

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2011/055

 

31/03/2011

Geoff Smyth Consulting/ Ryleline Pty Ltd

Earthworks

Lot 11 & Lot 21 Upper Warrell Creek Road, Macksville

0

2011/056

31/03/2011

Ricky Forbes/ Shane Daniel

Garage & Carport - Demolition of Existing Carport

53 Seaview Street Nambucca Heads

20,000

2011/057

04/04/2011

McCredie Group/ Bananacoast Credit Union

Exterior Refurbishment of Building, Upgrade Signage and Extend Awnings

Lot 8 Section B DP 6045, 14 Cooper Street, Macksville

24,000

 

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED TO 11 APRIL 2011

 

None were received

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 28 MARCH 2011

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/281

Lot 2 DP 602704, 242 Soldier Settlers Road, Newee Creek

Meat Processing Facility ? Deferred Commencement

50,000

2011/047

Lot 14 Section D DP 17707, 28 Waratah Street, Scotts Head

Patio Cover & Glass Enclosure

32,700

2011/035

Lot 9 Section A DP 6379, 18 Main Street, Eungai Creek

Detached Garage

6,900

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Environment and Planning

ITEM 9.3????? SF1589??????????? 210411???????? DEP Applications and Statistical Reports July 2010-June 2011, 2007-2011 and Certificates Received 2007-2011

 

AUTHOR/ENQUIRIES:???? Barbara Parkins, Executive Assistant ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2010-2011 compared with 2009-2010 and Certificate Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2010-June 2011 compared with July 2009-June 2010.

 

2????????? That Council note Occupational Certificate released for the years 2004 to 2011.

 

3????????? That Council note the statistical information for Applications and Certificates received by Council for 2004-2011.

 

4????????? That Council note the statistical breakdown of development applications thus far for the current year beginning 1 January 2011.

 

 

Development Application Statistics

 

The figures show a 4.71% increase in the number of DA?s received to March 2011 with construction costs increasing by 53.54% compared to the same period in 2009/2010. The total number of DA?s/CD?s approved for the month of March was 17 plus 5 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2009-Mar 2010

$ 14,175,865

161

162

July 2010-Mar 2011

$ 30,515,196

181

160

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2011

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

52.83

40

64.92

133

28

February

42.94

34

63.64

190

10

March

46.41

33

50.05

127

14

April

 

 

 

 

 

May

 

 

 

 

 

June

 

 

 

 

 

July

 

 

 

 

 

August

 

 

 

 

 

September

 

 

 

 

 

October

 

 

 

 

 

November

 

 

 

 

 

December

 

 

 

 

 

 

#Average age of DA?s

 

The average age of all DA?s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

2

7

4

7

59

2009 Council

1

3

2

2

3

2

2

2

5

5

3

2

32

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

1

0

39

2010 Council

3

6

2

1

2

1

9

3

1

2

2

0

32

2010 Private Cert

1

0

3

 

 

 

 

 

 

 

 

 

4

2010 Council

2

2

0

 

 

 

 

 

 

 

 

 

4

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (March)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2007

70

215

51

2008

81

187

59

2009

57

196

49

2010

44

177

40

2011

72

192

25

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

7

9

6

61

5.08

Council
2009

21

11

19

14

14

15

10

17

13

20

16

12

182

15.16

Private
2010

4

4

12

2

7

2

4

5

7

1

3

4

55

4.58

Council
2010

10

14

9

12

11

7

11

7

6

3

2

7

99

8.25

Private
2011

9

6

11

 

 

 

 

 

 

 

 

 

26

8.67

Council
2011

6

22

15

 

 

 

 

 

 

 

 

 

43

14.33

 


 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Director Environment & Planning's Report

ITEM 9.4????? SF1148??????????? 210411???????? Contract Regulatory Officer's Report March 2011

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for March 2011.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for March 2011 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

2

Returned to Owner

0

 

Impounded

2

 

Total Seized

2

2

Breakdown

Total

Total

Seized

 

2

From Previous Month

 

5

Stolen Dog Recovered

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

4

 

Currently in Pound

3

 

Sold

0

 

Stolen from Pound

0

 

Total in Pound

7

7

Dumped

0

 

Surrendered

0

 

 

 

Cats

Total

Total

Seized

 

4

Returned to Owner

0

 

Impounded

4

 

Total Seized

4

4

Breakdown

Total

Total

Seized

 

4

From Previous Month

 

1

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

4

 

Currently in Pound

1

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

5

5

Dumped

1

 

Surrendered

0

 

 


 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

Kilometres travelled

2,787

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

38

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Director Environment & Planning's Report

ITEM 9.5????? SF1614??????????? 210411???????? Report on Minutes of the Access Committee Meeting held 22 March 2011, including confirmation of Committee

 

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

 

Summary:

 

Attached for Council?s consideration are the minutes of the Nambucca Shire Council Access Committee meeting held 22 March 2011. The meeting included the Annual General Meeting and election of office bearers.

 

The minutes contain three recommendations for Council?s attention as follows:

 

That Council endorse the office bearers and members of the Access Committee listed as follows:

Peter Shales (Chairperson), Shirley Holmes (Deputy Chair), Fiona Holmes (Secretary) and Committee members Margaret Hutchinson, Alba Sky, Mathew Sullivan, Les Small, Keith Davis and Dorothy Secomb; with Council?s delegates being Councillors Smyth and South.

 

That following the success of the Planning for the Future: Focus on Seniors and Access discussion held today, that a similar discussion be held in Seniors Week 2012 as this should fit with Council?s timetable for consultation on its draft 10-year Community Strategic Plan.

 

That Council write to the Banana Coast Credit Union regarding access issues and the step at its ATM in Bowra Street Nambucca Heads; and to the appropriate authority regarding subsidence next to the V-Wall footpath Nambucca Heads near the lagoon seawater pipe.

 

 

Recommendation:

 

1????????? That Council endorse the office bearers and members of the Access Committee listed as follows: Peter Shales (Chairperson), Shirley Holmes (Deputy Chair), Fiona Holmes (Secretary) and Committee members Margaret Hutchinson, Alba Sky, Mathew Sullivan, Les Small, Keith Davis and Dorothy Secomb; with Council?s delegates being Councillors Smyth and South.

 

2????????? That following the success of the Planning for the Future: Focus on Seniors and Access discussion held 22 March 2011, that a similar discussion be held in Seniors Week 2012 as this should fit with Council?s timetable for consultation on its draft 10-year Community Strategic Plan.

 

3????????? That the Access Committee?s concerns regarding the access barrier at the new Bananacoast Credit Union branch in Bowra Street, Nambucca Heads be brought to the attention of the BCU Management.

 

4????????? That the matter of subsidence at Nambucca Heads Public Recreation (R81262) Reserve Trust alongside the V-Wall footpath and adjacent to the Lagoon seawater pipe be referred to Council?s Engineering staff for their assessment and appropriate action.

 

 

OPTIONS:

 

Endorse the minutes

Not endorse the minutes

Endorse the minutes with amendments


DISCUSSION:

 

Planning for the Future: Focus on Seniors

 

The Access Committee members will review the results of the discussion to ensure that they reflect the outcomes of the day and from there a report will be prepared for Council together with the results of the various other Community Engagement forums. The success of this discussion appears to have been largely due to seniors being able to put forward their views in their own language and amongst their peers. The Access Committee is supporting the feedback from the day that this type of discussion would be a useful exercise in the future. Whether it would coincide with Seniors Week 2012 and Council?s consultation period on the Community Strategic Plan will depend on the actual timing of both, however the concept has merit.

 

Note: Providers of services to seniors and people with disabilities will have a choice of opportunities to have input into the Strategic Plan, including a specific community services forum.

 

Credit Union ATM

 

The Bananacoast Credit Union branch and its ATM in Nambucca Heads has recently been relocated to a site in Bowra Street. The building is fronted by a tiled terrace-type area which has a small step up from the footpath, however this step is significant enough to create an access barrier for someone who uses a wheelchair. The Access Committee has been asked to act as an advocate in this matter and bring this to the attention of the BCU. It is believed that a number of BCU members have also raised the same concern.

 

V Wall Subsidence

 

Council?s Property Officer advises that this area is Nambucca Heads Public Recreation Reserve Trust (R81262), that Council is the Reserve Trust Manager and ultimately responsible for any upkeep to the Reserve. Council staff are best placed to make an assessment of the area and to determine what recommended action is necessary.

 

 

CONSULTATION:

 

Manager Assets

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing specific identified.

 

Social

 

No social impacts identified.

 

Economic

 

Nil

 

Risk

 

Identification of hazards underpins good risk management.

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified.

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

7939/2011 - Minutes - Access Committee - 22 March 2011

 

??


Ordinary Council Meeting - 21 April 2011

Report on Minutes of the Access Committee Meeting held 22 March 2011, including confirmation of Committee

 

PRESENT

 

Mr Peter Shales (Chairperson)

Ms Fiona Holmes

Cr E South

Mrs Shirley Holmes

Cr A Smyth

Ms Margaret Hutchinson

Mr Les Small

Dr Dorothy Secomb

Ms Coral Hutchinson

Ms Alba Sky

 

 

APOLOGIES

 

Mr Keith Davis

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

CONFIRMATION OF MINUTES

 

1/11 RESOLVED??? (HolmesS/Secomb)

 

That the Committee confirm the Minutes of the Meeting held 22 February 2011.

 

 

 

Director Environment and Planning Report

ITEM 5.1????? SF1614????????????? 220311????? Annual General Meeting - Election of Office Bearers and Confirmation of Committee

2/11 RESOLVED??? (HolmesS/Secomb)

 

That Council endorse the office bearers and members of the Access Committee listed as follows: Peter Shales (Chairperson), Shirley Holmes (Deputy Chair), Fiona Holmes (Secretary) and Committee members, Margaret Hutchinson, Alba Sky, Mathew Sullivan, Les Small, Keith Davis and Dorothy Secomb; with Council?s delegates being Councillors Smyth and South.

 

Note: The Committee confirmed that meetings would continue on the 4th Tuesday monthly at 2pm at the Council Administration Centre.

 

 

 

 

ITEM 5.2????? SF1614????????????? 220311????? Report on Business Arising from previous meeting held 22 February 2011

 

The Committee noted a report from Peter Shales following his attendance at the Coffs Coast Disability Advisory Committee.

 

 

 

 

 

ITEM 5.3????? SF1614????????????? 220311????? Report on correspondence to the Access Committee meeting of 22 March 2011

3/11 RESOLVED??? (South/Secomb)

 

That the items of correspondence be noted.

 

 

 

 

 

ITEM 5.4????? SF1614????????????? 220311????? Report on General Business and Matters of Interest

4/11 RESOLVED??? (Hutchinson/HolmesF)

 

1????????? That following the success of the Planning for the Future: Focus on Seniors and Access discussion held today, that a similar discussion be held in Seniors Week 2012 as this should fit with Council?s timetable for consultation on its draft 10-year Community Strategic Plan.

 

2????????? That the notes from the Planning for the Future: Focus on Seniors and Access discussion be presented to the next Access Committee meeting for information.

 

5/11 Resolved:?? (Smyth/Secomb)

 

That Council write to the Banana Coast Credit Union regarding access issues and the step at its ATM in Bowra Street Nambucca Heads; and to the appropriate authority regarding subsidence next to the V-Wall footpath Nambucca Heads near the lagoon seawater pipe.

A number of other access problems were discussed without formal action or recommendations including:

1????????? Lack of gutter crossings around the intersection of Bellwood Drive and Pacific Highway Nambucca Heads ? possibly due to the potential for pedestrian and vehicle conflict at this busy intersection and the need to discourage pedestrian activity.

2????????? Macksville Senior Citizen?s Centre ? suggested signposting of ramp from side car park advising of step, and possible non-compliance issues with the disability toilet.

3????????? Uneven footpath and trip hazards on the footpath from Newville into the Nambucca Heads up town shopping centre.

4????????? Access problems at the High School end of the cycleway between Newville and Bellwood ? problem with tree roots.

 

Note: Members were reminded to report potential hazards direct to Council for entry into its Customer Request System so problem areas can be prioritised for assessment and action.

 

 

?

 

NEXT MEETING DATE

 

The next meeting will be held on 19 April 2011 (the 4th Tuesday is a public holiday) commencing at 2.00 pm noting that Cr South, Peter Shales and Alba Sky will be apologies.

 


 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.25 pm.

 

 

 

 

?????????..

PETER SHALES

(CHAIRPERSON)

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????????????????????????????????????????? 21 April 2011

Director Environment & Planning's Report

ITEM 9.6????? DA2004/136????? 210411???????? Determination of DA 2004/136 For a Community Title Rural-Residential Subdivision ? Lot 2 DP 548175, 346 East West Road, Valla

 

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

 

Summary:

 

Applicant:???????????????????? DA 2004/136

 

Proposal:????????????????????? Community Title subdivision comprising one neighbourhood lot, 5 rural residential ???????????????????????????????????? development lots and a residue rural lot.

 

Property:?????????????????????? Lot 2 DP 548175, 346 East West Road, Valla

 

Zoning:????????????????????????? Part Rural (1a2) & part Rural (1a1) ? Rural-Residential under NLEP 1995 and part R5 (Large Lot Residential) & part RU2 (Rural Landscape) under NLEP 2010.

 

The original application for a rural-residential subdivision has been amended on several occasions. The last amendment for a Community Title subdivision, comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot, was considered by Council at its meeting on 21 August 2008. Council resolved to conditionally approve the application; however, a subsequent third party appeal against Council's determination of the application was successful.

 

Council is advised that the judgement handed down by the Court made no orders and therefore determination of the application is still pending. The application is submitted to Council for it to make a final determination of the proposed development.

 

Only two of the five challenges to the validity of the development application were successful. The first related to a failure to address mandatory relevant considerations. This failure related to consideration of Clause 13 under NLEP 1995 and consideration of all submissions lodged in respect of the development application. The other matter related to a failure to advertise the amended proposal.

 

Clause 13 of NLEP 1995 has been addressed, and all submissions are attached to this report. As such, it is considered that the mandatory provisions have now been addressed in accordance with the judgement handed down by the Court.

 

The current amended application for a Community Title subdivision, comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot, was advertised and notified in accordance with the provisions of the Nambucca Development Control Plan 2010. This therefore addresses the procedural matter raised by the Court in that the 'amended application to which consent was eventually granted was not advertised as required by statute.'

 

Having regard to the judicial review and Council's legal advice, it is considered that Council is now able to make a final determination of the application.

 

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:

 

That in accordance with Section 80(3) of the EP&A Act, development application DA 2004/136 for a Community Title subdivision comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot be approved 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:

 

1??????? granting consent to the application unconditionally or,

2??????? granting consent with conditions, or

3??????? 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.

 

Council has the option to amend the draft conditions of the development consent and/or include the following conditions suggested by the Nambucca Valley Conservation Association and the Nambucca Heads Local Aboriginal Land Council:

 

c??????? the Neighbourhood Management Statement include a requirement to submit regular reports (annually) including photos which demonstrate compliance with the Koala Plan of Management, Environmental Management Plan, tree planting and maintenance program.

 

d??????? the applicant shall make arrangements for a representative of the Nambucca Heads Local Aboriginal Land Council to be present and monitor any clearing of vegetation and whilst the soil is being turned during subdivision works.

 

Council also has the option to:

 

e??????? provide a written assurance to the Nambucca Valley Conservation Association that Council staff will undertake random audits to ensure compliance with all environmental conditions. (Noting that if Council was to include this requirement a fee should also be included )

 

 

BACKGROUND:

 

The development application for an 11 lot rural-residential subdivision was originally lodged with Council on 13 October 2003. The application was amended on several occasions and the last amendment for a Community Title subdivision comprising one neighbourhood lot, 5 rural-residential development lots and a residue rural lot was considered by Council at its meeting on 21 August 2008. A copy of this report is attached for Council?s information. Council resolved, inter alia, in terms of the following:

 

1??????? That Development Application 2004/136 be approved subject to changes to the conditions so as to provide for a private internal road as part of the community title.

 

2??????? Consent for Development Application 2004/136 be granted subject to the conditions of consent attached to this report.

 

Consent was duly issued; however, the Environmental Defender's Office Ltd (EDO) lodged a third party appeal on behalf of Nambucca Valley Conservation Association Inc (NVCA).

 

The outcome of the appeal was considered by Council at its meeting on 1 April 2010. A copy of this report is attached for Council?s information. A copy of the judgement is available online at

Nambucca Valley Conservation Association v Nambucca Shire Council [2010] NSWLEC 38 or upon request from the Manager Planning and Assessment.

 

As noted in the report, only two of the five challenges to the validity of the development application were successful. The first related to a failure to address a relevant provision in the planning instrument and the other matter related to a failure to advertise the amended proposal.

 

With respect to the first matter, the Court held that Clause 13 under Nambucca Local Environmental Plan (NLEP) 1995 was not referred to in the report considered by Council and therefore the matter was not properly considered under the provisions of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 (EP&A Act). Similarly the Court held that the amended proposal should have been advertised and all submissions previously received should have been annexed to the report.

 

Council when dealing with the matter was advised in terms of the following:

 

'In accordance with the judgement handed down by Justice Biscoe no orders were made under 25B of the Land and Environment Court Act 1979. This essentially means that the development application is as it was on the date before Council granted development consent. As such, determination of the application is still pending. Given that the application is still outstanding it is considered that the only option for Council is address the issues raised in the judgement and make a final determination of the development application.'

 

It should be noted that the Court did not find the development assessment was deficient in terms of any matters relating to flora and fauna, including any significant impact on the koala and its habitat. The concerns raised by the Court related to procedural matters. Notwithstanding, Council's solicitor advised that a full and proper assessment should be undertaken before Council makes its final determination. As such it was considered prudent that the applicant should be required to submit an up to date flora and fauna assessment report. Council at its meeting on 1 April 2010 resolved to adopt the following recommendations:

 

That Council process DA 2004/136 by advertising and notifying the amended community title rural-residential subdivision and addressing all the relevant matters, including consideration of any new and previous submissions, relevant matters for consideration under Section 79C of the EP&A Act, including Clause 13 of the NLEP 1995, before final determination of the application by Council.

 

That the applicant be advised that before Council can further consider DA 2004/136 an updated supplementary flora and fauna report is required for Council?s consideration. Such report shall address any new information not previously considered that may impact on threatened species, populations or ecological communities, or their habitats. The report should determine the significance of any such impact and if a Species Impact Statement (SIS) is required in accordance with the Threatened Species Conservation Act 1995.

 

The applicant was advised in terms of the above by letter dated 7 April 2010. An updated flora and fauna assessment report prepared by Darkheart Eco-Consultancy dated 5 June 2010 was submitted to Council on 15 June 2010.

 

Following a preliminary assessment of the updated flora and fauna assessment report the consultant was verbally advised that the 7 Part Test was incomplete and additional information was required to fully address all the threatened species identified in the report. Further additional information to address this issue was submitted to Council by letter dated 30 July 2010.

 

 

CONSULTATION:

 

The application was referred to: the Department of Environment Climate Change and Water (DECCW); Nambucca Heads Local Aboriginal Land Council (NHLALC); the Department of Planning (DoP); and, the NSW Rural Fire Service (RFS).


DECCW (Office of Water:

 

The Office of Water provided its General Terms of Approval (GTA) by letter dated 30 August 2010. If the proposed development is approved, Council is required to include the GTA as conditions of any development consent granted.

 

A copy of the letter is attached for Council?s information.

 

DECCW (Environment Protection and Regulation):

 

The Environment Protection and Regulation Branch of DECCW advised Council by letter dated 19 August 2010 in terms of the following:

 

'Given that DECCW does not have any statutory responsibilities with respect to the above sections of the EP&A Act, we do not wish to make any further submission on the DA or the supplementary information provided to Council by Darkheart Eco-Consultancy.'

 

A copy of the letter is attached for Council?s information.

 

Nambucca Heads Local Aboriginal Land Council

 

The NHLALC advised Council by letter dated 16 August 2010 it does not object to the development application progressing. Notwithstanding, the NHLALC has requested that a representative be present on the site to monitor clearing of vegetation and whilst the soil is being turned.

 

Council may wish to consider including the request for a site monitor as an additional condition of any development consent that may be granted. However, there is a standard condition that requires work to cease 'in the event of any bones, or stone artefacts, or discrete distribution of shell, being unearthed during earthworks' and the LALC and the NP&WS to be informed of the discovery.

 

A copy of the letter is attached for Council?s information.