NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 15 June 2011

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        DELEGATIONS—Motion to hear Delegations

4        General Manager Report

8.1     Nambucca Valley Youth Services Centre - Funding

5        Director Environment and Planning Report

9.1     Recommended Climate Change Adaptation Policy

9.2     DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

6        Director Engineering Services Report

10.1   Encroachment of Autumn Lodge onto Dawkins Park RF203     

 

 

 

 

Time

Description

Where

OS/CC

Item No

Page No

08.30

Biomass Waste Processing Options

LATE REPORT

09.00

 

POLICY - Recommended Climate Change Adaptation

CC

9.1

14

09.30

 

Encroachment of Autumn Lodge onto Dawkins Park

 

OS

10.1

53

10.30

Morning Tea with NV Youth Services Centre

OS

8.1

4

11.15

 

Nambucca Valley Youth Services Centre - Funding

OS

8.1

4

11.45

 

DA 2007/01 - Multi Dwelling Housing - 7 Bemago Street

OS

9.2

21

 

 

Meeting Closed

 

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

         


General Purpose Committee                                                                                                 15 June 2011

General Manager's Report

ITEM 8.1      SF816              150611         Nambucca Valley Youth Services Centre - Funding

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

At Council’s meeting on 19 May 2010 Mr Chris Hewgill – Chairperson, Nambucca Valley Youth Services Centre – addressed Council in Public Forum regarding the unsatisfactory funding situation of the Centre and seeking assistance from Council.  Mr Hewgill spoke to a prepared statement, a copy of which is attached.

 

 

Recommendation:

 

That the information concerning the Nambucca Valley youth Services Centre be noted.

 

 

 

OPTIONS:

 

Council can elect to initiate some action.

 

 

DISCUSSION:

 

Council’s Grants Officer (Ms Colleen Henry) has been aware of the NVYSC's need for funding since her appointment to the position and she met with Mr Chris Hewgill to discuss the funding he was seeking. In the 8 months since, there have been no grant opportunities that the Grants Officer has been aware of that would meet the needs of the Centre, which are primarily to fund the ongoing operation of the Centre (the funding of discrete projects is much more realistic). The Centre's funding needs are difficult to find grant support for as they are ongoing and operational and most agencies do not provide funds for this as they expect such services to be self-supporting.

 

The Grants Officer has forwarded information on two grants for youth-related projects to Mr Hewgill in that time.  She has emailed Mr Hewgill to set up a meeting to discuss possible projects and has offered to complete grant applications for the Centre if any grants are identified.  She will continue to scan grant opportunities that meet the needs of the Centre.

 

 

CONSULTATION:

 

Council’s Grants Officer.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 


Social

 

If the Youth Centre ceases to function there will be a substantial (if not complete) loss of the types of services it offers to the youth of the Valley and this will have a negative social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets at this stage.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

14009/2011 - Representation to Council - Meeting 19 May 2011- C Hewgill

 

  


General Purpose Committee - 15 June 2011

Nambucca Valley Youth Services Centre - Funding

 








 


General Purpose Committee                                                                                                 15 June 2011

Director Environment & Planning's Report

ITEM 9.1      SF1031            150611         Recommended Climate Change Adaptation Policy

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to present to Council a draft policy on climate change. The primary objective of the policy is to ensure that decision making by Council and Council staff give the appropriate consideration to the predicted impacts associated with climate change and that Council is addressing requirements under relevant legislation.

 

 

Recommendation:

 

That Council adopt the Climate Change Adaptation Policy.

 

 

OPTIONS:

 

1        Council approve the policy with amendments

2        Council not approve the policy

 

 

DISCUSSION:

 

During 2010 council completed a Climate Risk Assessment and Adaptation Strategy which examined how climate change will impact on the Bellingen, Kempsey and Nambucca Region and developed adaptation actions to assist in building our region more resilient to the impacts associated with climate change. The project was fully funded by the Department of Climate Change and Energy Efficiency.

 

On 16 December 2010 Council resolved the following in relation to these reports:

 

1          Council endorse the Climate Change Risk Assessment and Adaptation Strategy.

 

2          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, strategic development by Council and Council staff.

 

3          That the final Climate Change Risk Report and Adaptation Strategy be made publicly available through Council’s Libraries and Council’s Website in order to raise awareness in relation to risks associated with Climate Change and assist interested individuals and community groups to adapt to potential future change and build community resilience.

 

4          That Council staff make appropriate arrangements to ensure that the requirements of the funding agreement with the Department of Climate Change and Energy Efficiency have been satisfied.

 

The resolutions of Council have now been addressed and a draft Climate Change Policy has been prepared in accordance with item 2 above. The draft Policy (as amended with the tracked changes) is included as a Circularised Document.

 

The objectives of the policy are as follows:

 

a          Incorporate the predicted impacts associated with climate change into its decision making process;

 

b          Ensure that decisions made by Council have regard to the life of the item as it relates to climate change matters.

 

c          Ensure that planning related decisions and advice are giving consideration to the most current manuals and guidelines published by relevant state government authorities.

 

d          To improve the resilience of the Council and the local community to the impacts associated with climate change.

 

A brief summary of the policy is provided below:

 

·              The policy introduces the climate change projections expected for Nambucca;

·              The policy ensures that decision making takes into consideration the impacts of climate change over time or a climate change design period.

·              Provides guidance on strategic planning, development assessment and enquiries relating to flooding and coastal issues, which will ensure Council fulfils its obligations under the Local Government Act 1993 for indemnity purposes.

·              Provides recommendations in relation to specialist studies;

·              Provides recommendations that relate to biodiversity;

·              The policy ensures that economic management and development aim to capitalize on the opportunities created by climate change.

·              The policy provides items or questions to be considered when managing Council’s Assets.

·              To allow authorities to plan for and have appropriate responses to emergency situations, the policy indicates that emergency management authorities and essential services shall be provided with copies of floodplain management plans; Coastal Management Plans; bushfire risk plans and all associated data.

·              Council will pursue funding opportunities;

·              Council will use the climate change adaptation strategy to actively assist Council and the community to build resilience to Climate Change.

·              The policy recommends that Council’s 20 year integrated community strategic plan should acknowledge and re-enforce Councils commitment to address issues associated with climate change.

 

 

CONSULTATION:

 

·              Director of Environment and Planning

·              Councillors

 

Listed below are comments from Councillors and staff's response:

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

Cr Michael Moran

 

Does not believe in Climate Change or coastal change

Comment not necessary

 

Staff are using this to produce more work

Policy Based on Council resolution 16 December 2010.

 

Mother nature will provide

Comment not necessary

 

Staff have delegation to make decisions when Councillors should have this role

Comment not necessary

2

Believe rainfall will remain the same and not increase

Comment not necessary

2

4.2 – Do not need new designs – build stronger

This section of the policy suggests the design take into account weather predictions over time. To do this design standards need to be given consideration against predicted impacts and associated costs. This may result in increases to design strength, durability or other variables.

2

4.2 – Council should not be telling industrial development how to be developed. Does not envisage there will be many public facilities

Council’s Flood Risk Management Plan provides guidelines for commercial and industrial development. As we presently consider these types of developments in a flood planning context it is appropriate to give consideration to climate change impacts over time.

Council should ensure investment made into public infrastructure is not at significant risk to weather related impacts which are predicted to change over time.

3

4.3 – Does not see the need for strategic planning

Comment not necessary

3

4.3 (a) – Macksville can handle floods – this is not required

Clause 4.3a applies to the shire not Macksville in isolation. This simply requires LEP amendments to give consideration to flood risk management plans prepared for the shire.

3

4.3 (b) – Previous 100 year flooding caused Missabotti to come down Nambucca River through Macksville

Comment not necessary

3

4.5 – Council staff cannot issue comments as they have not seen floods

Council staff are required to provide flooding advice if requested. Advice is only provided on locations where studies have been completed. An alternative approach would be for Council to outsource flood enquiries to a private consultant and recover the cost from the applicant. It is noted fees to undertake these enquiries may become significant.

5

a – Missabotti

These are questions to be considered when planning/ designing specific infrastructure. It is likely a different response will be required dependant on the needs and location of asset.

5

b – No

5

c – Yes

5

e – No money available

5

f – Yes but finance not available

5

4.10 – there is no-one available to follow this through and people should be responsible for their own property/cattle/machinery

This provision indicates that Council will make studies available to Emergency Management organisations (such as SES)  and essential services (Energy suppliers).


 

6

Photo was not sea level rise or climate change – was the flood in 1950’s

The photo was added as it is a well known location in the shire shown under stress from flooding. It demonstrates what is possible at present regardless of climate change predictions.

It is intended to keep the photo in the Policy. However, Council may resolve to remove.

6

4.3 (d) – Let people pay for their own rainwater tanks – no rebates

Rainwater tank rebates are available through the NSW State Government and a rebate is also available through NSC under the Environmental Levy and Council’s Rainwater Tank Rebate Policy

6

5.0 – The three Shires are different – Coffs Harbour and Bellingen receive more funding for infrastructure

Comment not necessary

7

The State Government Fund Levy

Comment not necessary

7

The beach washed away in 1949, 1959-60, 1972, 2009, 2010, 2011

Comment not necessary

Cr Paula Flack

1

a      replace word 'its' with 'Council's'

b      Unclear as to the meaning of the word item in this context? Would 'matter' better fit the bill?

c      replace words 'are giving' with 'give'

d      for consistency delete the word 'the' in front of Council

Amended

Amended

 

Amended

Amended

2

4.1   Reference to The NSW Sea Level Rise Statement should include the date of the doc. ie 2009.  Also the data included in the SLR, temperature, precipitation and wind speed sections should be referenced including date. This is important given that CC data is constantly being updated as the science comes in.

        Precipitation (e) and the word 'to' between 'predicted' and 'remain' and also between 'expected' and 'vary'

4.2   First line, insert the word 'will' between 'Council' and 'ensure'. This last sentence of this para would benefit from a reference.  In other words what are these design periods based upon?

Referencing Added

 

 

 

Amended

 

Amended

 

 

Design Period reference added

3

4.3   first line - change capitals for 'Strategic Planning Projects' and 'Climate Change' to lower case.

4.3   (b) insert '4.3' to 'a' above' instead of just 'a' so there is no confusion as to what section is being referred to

Amended

 

 

Amended


 

4

4.6a shouldn’t changes to hydrological regimes in terms of increased runoff from development and land clearing also be considered?

 

 

 

 

4.7   Ditto shouldn't increased rainfall in context of clearing and development impacts to stormwater regimes be included in other specific matters?  Agree with 3rd para re accommodating changes.  One of the documents/actions required to facilitate this would be veg mapping/monitoring

4.9

List should include:

-       Increased storm damage to vegetation in particular street trees and road side vegetation

-       Increased damage to stream/river banks from flooding which impacts on/ destabilizes infrastructure such as roads (eg Ferry St, River St/Gumma Rd)) bridges (eg Dju Loom Bridge on North Arm), walkways (eg boardwalks), footpaths (eg northern bank of Nambucca River opposite Star Hotel).

This clause adds a modelling calculation to flood studies completed in the shire. It is assumed flood modelling would have allowances for environmental/landscape attributes such as urban areas etc.

 

Changes to rainfall patterns are referred to in section 4.2 which is referenced in this clause.

 

 

 

 

 

Amended where appropriate

6

5.0   The final sentence should also be included in a more up front spot in the policy and included in all 'disclaimers' and public notifications etc.

Amended

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The adoption of this policy will further Councils commitment to addressing the impacts of climate change in Environmental Assessment, infrastructure development/management and general decision making.

 

Social

 

The adoption of this policy will assist the community to become more resilient to the impacts associated with climate change.

 

Economic

 

Over time and with community acceptance and implementation the adoption of this policy will have positive economic benefits to the community by building resilience to climate change.

 

Risk

 

One of the key findings of the climate change adaptation reporting was that in order to maintain Council’s indemnity against climate change related litigation, Council must ensure it s the state government benchmarks into its decision making. This is despite greater predictions being available within the scientific community.


Section 733 Exemption from liability-flood liable land, land subject to risk of bush fire and land in coastal zone of the Local Government Act 1993 states that Council does not incur liability for advice furnished, action done or omitted in good faith. This section of the Act also states:

 

4          Without limiting any other circumstances in which a council may have acted in good faith, a council is, unless the contrary is proved, taken to have acted in good faith for the purposes of this section if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles contained in the relevant manual most recently notified under subsection (5) at that time.

 

5          For the purposes of this section, the Minister for Planning may, from time to time, give notification in the Gazette of the publication of:

 

            a        a manual relating to the management of flood liable land, or

            b        a manual relating to the management of the coastline, or

            c        a manual relating to the management of land subject to the risk of bush fire.

 

            The notification must specify where and when copies of the manual may be inspected.

 

The state government has recently release documents related to coastal zone management, flood management and sea level rise which form the basis of section 5 above.

 

This policy has been prepared to ensure that advice and planning decisions made by Council take into consideration the state government policies and guidelines related to flooding and coastal management and key to this policy, Climate Change. This should form the basis of ‘acting in good faith’ if the question ever arises.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

 - CIRCULARISED DOCUMENT - Draft Policy - Climate Change Adaptation

 

  


General Purpose Committee - 15 June 2011

Recommended Climate Change Adaptation Policy

 

 

 

 

 

Placeholder for CIRCULARISED DOCUMENT

 

 

 

Recommended Climate Change Adaptation Policy

 

 

 

CIRCULARISED DOCUMENT –

Draft Policy - Climate Change Adaptation

 

 


General Purpose Committee                                                                                                 15 June 2011

Director Environment & Planning's Report

ITEM 9.2      DA2007/007      150611         DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

This report is presented to Council as the modification to consent for DA 2007/007/01 for multiunit housing requires changes to the existing road and kerb alignment at 7 Bemago Street Nambucca Heads to which Council received a delegation at its Ordinary meeting held in Bowraville on 5 May 2011.

 

The driveway access into the garage of unit 4 facing Bemago Street is not possible at present due to grades from an erroneous survey by the original applicant. The modification proposes a minor road realignment and stormwater works to Bemago Street so that access may be achieved to the garage for unit 4 albeit with some constraint.

 

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 Council approve the proposed modification to DA 2007/007/01 to allow the realignment of the kerb and gutter and road subject to the following additional conditions of consent being incorporated into the existing approval as outlined at the end of this report.

 

 

OPTIONS:

 

That Council refuse the proposed modification and not allow the applicant to realign Bemago Street. It is noted that the vehicles associated with the residences will not be able to access the garages and it is likely that vehicles may be parked on the street.

 

 

DISCUSSION:

 

DA 2007/007 for 4 multi unit dwellings on 7 Bemago Street Nambucca Heads was approved on the 24th January 2007. The Construction Certificate was issued on the 27 March 2007 the first inspection was completed in November 2007.

 

On the 19 February 2010 Council’s Senior Building Surveyor, in receipt of advice from Council’s Design Engineer advised the developer that there appears to be an anomaly with the driveway profile to unit 4 garage which may not meet the requirements of AS/NZS 2890.1:2004, due to the small distance between the garage and the road the developer was requested to review their levels and demonstrate how the appropriate grades would be achieved. See the figure below of the area in question.

 

The originally submitted and approved plans showed incorrect survey levels resulting in incorrect grades being calculated for the driveways.

 

On 14 April 2011, Council received an application to modify consent on DA 2007/007/01 specifically in relation to the driveway to unit 4. The modification report is attached to this report Attachment 1.

 

The modification proposed a number of options to address the issue. The following is the preferred option to address the issue:

 

 

Plans to address the issue have been submitted with the modification and provided as Attachment 2. Further advice was later requested to address stormwater management in front of Unit 3 and 4.

 

Public Consultation

 

Pursuant to Council DCP 2010 the proposed modified consent was advertised and notified to adjoining landholders and the LALC. One (1) submission was received during the exhibition period, the submission raised concerns regarding road safety including recommendations regarding the marking of road centrelines and the provision of speed humps. Refer to attachment 3.

 

Amended plans were requested by Council’s Manager of Technical Services to address a number of matters including detail of the safety measures to be provided. Amended plans have now been provided which show double barrier line marking (lane separation) 25m either side and through the proposed treatment. A barrier line is also required on the down stream approach to the layback to guide vehicles around the corner.

 

The applicant has not be requested to provided speed humps on the road, nevertheless the line marking proposed is considered to adequately address the safety issues raised.

 

 

CONSULTATION:

 

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal is for a modification to the development application, it is not expected to create any detrimental environmental impacts on or adjacent to the site.

 

Social

 

The application requires the realignment of the public road, appropriate conditions are proposed to ensure that changes to the road are undertaken in an appropriate and safe manner. Conditions will ensure the engineering works are undertaken in accordance with relevant standards.

 

Economic

 

All works are to be at full cost of the developer.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

 

PROPOSED ADDITIONAL CONDITIONS OF CONSENT

 

Development is to be in accordance with approved plans

 

1          The development shall be carried out generally in accordance with the application and the documents lodged with Council on 30/6/06, and 14/12/06 and plan Nos DA002A through DA007F inclusive, the stamped plans and consent issued on 24 January 2007. Modified by the documents lodged with Council on 11/4/11 and plan Nos 06076 C-01 B (1/06/11), 06076 C-02 B (16/05/11)and 06076 C-03 A (18/06/10) and, and set out in the following table except where modified by any conditions of consent.


 

Plan no./Supporting Document Version

Version

Prepared By

Dated

Driveway Design 7 Bemago Street Nambucca Heads

C-01 B

De Groot & Benson

1/06/2011

Driveway Design 7 Bemago Street Nambucca Heads

C-02 B

De Groot & Benson

16/05/2011

Entry Road Cross Section

C-03 A

De Groot & Benson

18/06/2010

 

 

Development costs

 

1a        All works associated with the kerb, gutter, stormwater drainage, road realignment, traffic management and any service location or relocation as required and approved by this modified consent are to be at the cost of the Developer.

 

 

Consent required for works within the road reserve

 

12        A separate application and consent under The Roads Act 1993 is required for the modified road works taking place within the Public Road Reserve (this includes construction involving machinery working on the development from an adjacent Public Road Reserve). This consent is to be obtained prior to any work taking place in the road reserve and prior to the issue of the Construction Certificate for these road works.

 

          An application form is to be completed and returned to Council along with the required inspection fees and a traffic control plan to indicate the measures to be employed to control traffic during construction of  the proposed kerb blister and associated works. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual (1998), Traffic Control at Work Sites, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ‘Traffic Control Devices for Works on Roads’. The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

          Construction works within the roadway must not unreasonably interfere with traffic and the amenity of the neighbourhood. In particular traffic interruption and construction noise, 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.

 

Driveway details required

 

12a    The application for a Construction Certificate is to include a Certificate from a suitably qualified registered engineer due to the proposed driveway not complying with AS/NZS 2890.1:2004 or Council’s standard drawing.

 

Certificate to include:

 

1        Name of the person and company providing the certification.

2        Statement that the person is eligible for acceptance by Engineers Australia as a Professional Engineer at Member or Fellow grade.

3        Statement that they have the appropriate experience and competence for the work being certified.

4        Details providing the lot, deposited plan number and street address where the driveway is located.

5        A copy of any information that has been relied upon in determining the adequacy of the driveway.

6        The application for the proposed driveway is to include plans and specifications that indicate vehicular access from the centre of roadway to the proposed car space(s). Plans are to include the following items:

a        pavement description;

b        site conditions affecting the access;

c        existing and design levels;

d        a longitudinal section of the driveway depicting the grade line from centre of roadway to garage/carport level showing all transition zones and relevant grades.

7        Statement (upon completion of driveway) that “The driveway, the subject of this certification, has been inspected by me and found to provide a grade line that is safe and environmentally sustainable within the intent of AS/NZS 2890.1:2004”.

8        A longitudinal section of the driveway, as constructed, depicting the grade line from centre of roadway to garage/carport floor level showing all transition zones and relevant gradients.

 

Certificates for Engineering Works

 

13a       The submission of a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

 

Works-As-Executed Plans

 

19a       Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted prior to the issue of an Occupation Certificate.

 

Maintenance Bond

 

19b       A maintenance bond of 10 % of the value of the works constructed or $10,000 (whichever the greater) is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance/Occupation Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period. 

 

Damage to Council’s Infrastructure

 

19c       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.

 

Section 88E Conveyancing Act requirements

 

19d    A Positive Covenant pursuant to Section 88E of the Conveyancing Act 1919 is to be registered on the title of the subject land, prior to the issue of an Occupation Certificate, the terms of which are as follows:

Prospective Lessees of Units 3 & 4 are to be advised that the driveway is partially noncompliant with AS/NZS 2890.1:2004, which may cause vehicle scraping for some vehicles and localised stormwater infiltration of the garages may occur during heavy rain periods due to overtopping of the partially noncompliant driveway

 

 


Public safety requirements 

 

25      All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. Council is not held responsible for any negligence caused by the undertaking of the works.

 

Attachments:

1View

15204/2011 - DA 2007-007 Variation request

 

2View

15205/2011 - DA 2007-007 Driveway

 

3View

15207/2011 - Amended Drawings DA 2007/007

 

4View

10535/2011 - Submission in relation to DA 2007/007 - E Gurd

 

5View

11579/2011 - Submission in relation to DA 2007/007/02 - E Gurd

 

6View

11742/2011 - Submission in relation to DA 2007/007 - E Gurd

 

  


General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 




General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

















General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 




General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 



General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 


General Purpose Committee - 15 June 2011

DA2007/007/01 Multi-Dwelling Housing 4 Units - 7 Bemago Street, Nambucca Heads

 

 


General Purpose Committee                                                                                                 15 June 2011

Director of Engineering Services Report

ITEM 10.1    SF415              150611         Encroachment of Autumn Lodge onto Dawkins Park RF203

 

AUTHOR/ENQUIRIES:     Phillip Smith, Surveyor         

 

Summary:

 

1 ENCROACHMENT OF AUTUMN LODGE

 

Council at its Ordinary Meeting held on 19 May 2011 received a report on the encroachment onto Dawkins Park.  Council resolved to defer the decision until an onsite meeting at the next General Purpose Meeting.

 

 

Recommendation:

 

That Council consent to the boundary adjustment and sale of part of Dawkins Park being an approximate area of 2380m2 to Nambucca Valley Care Limited for the purpose of rectifying the encroachments provided that:

 

a        the necessary community consultation and reclassification of the land is carried out prior to sale;

 

b        Nambucca Valley Care Limited enter into a Deed of Agreement with Council undertaking to pay all costs associated with the sale including (but not limited by) survey, legal, valuation, land value and Council fees.

 

 

OPTIONS:

 

Council may not wish to commit to the sale of encroaching land without knowing the outcome of community consultation as regards the reclassification of part of Dawkins Park

 

 

DISCUSSION:

 

Nambucca Valley Care (NVC) have become aware of a considerable encroachment of their infrastructure and improvements upon the Public Reserve at Dawkins Park following the completion of a detail survey by Amos & McDonald on the Autumn Lodge Village.

 

NVC have submitted a survey plan showing a proposed boundary adjustment between their Autumn Lodge property and Dawkins Park. and are seeking to acquire an area of 2380m2 to rectify the encroachment. If Council are amenable to the boundary adjustment, NVC are prepared to meet all costs associated with the boundary adjustment.

 

It seems reasonable that the proposed boundary adjustment will follow the bottom of the bank on the western and northern side of Autumn Lodge. But the acquisition of the area adjacent to the Pacific Highway seems excessive and may need to be reduced in size.

 

It is noted that Dawkins Park is community land and before the encroaching area can be sold it has to be re-classified as operational land. This is a rigorous and time consuming process involving rezoning and community consultation.

 

 

CONSULTATION:

 

·              John Butler, CEO NVC

·              Bill McDonald, Amos & McDonald Surveyors

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no perceivable environmental impacts.

 

Social

 

The recommendations are compatible with the improvement of aged care.

 

Economic

 

Improvements to Autumn Lodge should benefit economic activity within the Shire.

 

Risk

 

The closure of Short Street would reduce Council’s Public Liability.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The valuations on the parcel of land at Dawkins Park and Short Street will assist Council to determine the sale price of the land and will provide an income to Council emanating from the sale.

 

All costs involved in the process will be met by Nambucca Valley Care.

 

Source of fund and any variance to working funds

Not applicable.

 

Attachments:

1View

11640/2011 - Proposed Boundary Realignment - Autumn Lodge

 

  


General Purpose Committee - 15 June 2011

Encroachment of Autumn Lodge onto Dawkins Park RF203