NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

07 July 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 - 07 July 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.

 

AMENDED AGENDA                                                                              Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meetin – 16 June 2011

          CONFIRMATION OF MINUTES — Special Council Meeting – 30 June 2011

5        Notices of Motion

5.1     Notice of Motion - Clarence Regional Library Committee - Alternate Delegate - Cr Janet Court  

6        PUBLIC FORUM

i)        Mr John Tait - River Master Plan - Nambucca Heads

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports

9.2     Section 94 Status Report -  June 2011

9.3     Review of Model Code of Conduct for Local Councils - Request for Submissions on Discussion Paper

9.4     Back to Bowra Hinterland Festival - Committee of Management - Membership

9.5     Grant Application Status Report - 22 June 2011

10      Director Environment and Planning Report

10.1   Outstanding DA's greater than 12 months, applications where submissions received not determined to 27 June 2011

10.2   DA's and CDC's Received and Determined under Delegated Authority to 27 June 2011

10.3   Report on a Public Hearing for Reclassification of Council owned community land

10.4   Draft Policy - Exemption to Obtain Section 68 Approvals

10.5   Extinguishment of Positive Covenant Lot 18 in DP 1099488

11      Director Engineering Services Report

11.1   Finalisation of Land Swap - 1 High Street, Bowraville

11.2   Renaming of Congarinni Bridge     

 

 

 


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                                                                                                        7 July 2011

Notice of Motion

ITEM 5.1      SF1595            070711         Notice of Motion - Clarence Regional Library Committee - Alternate Delegate - Cr Janet Court

 

AUTHOR/ENQUIRIES:     Janet Court, Councillor         

 

Summary:

 

The current Nambucca Shire Council representatives on the Clarence Regional Library Committee are Councillors Anne Smyth and Michael Moran.  I would like to be considered as Alternate Delegate for this Committee.

 

 

Recommendation:

 

1        That Cr Janet Court be appointed as Nambucca Shire Council’s Alternate Delegate on the Clarence Regional Library Committee.

 

2        That the Clarence Regional Library Committee be informed of Council’s Alternate Delegate.

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                        7 July 2011

General Manager

ITEM 9.1      SF959              070711         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.

 

 

JULY 2010

5

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.

 

6

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.

 

Staff workloads have not permitted to proceed in May.  June now targeted.

Now deferred to August.

 

SEPTEMBER 2010

7

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.

 

Two further letters sent 24/5/11.  Ministers for Local Govt & Minister for Planning.


OCTOBER 2010

8

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.  Still can’t get to them due work load.

 

NOVEMBER 2010

9

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.

 

10

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.

GM to follow up with Committee of Management.

 

Report to Council on 16 June 2011.

Letter has now been sent to LPMA requesting that they make alternative arrangements for the management of the Reserve and suggesting a community based Trust. 

 

DECEMBER 2010

11

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

Further delay due to signs have not been erected..

 

12

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.

 

Response from Essential Energy dated 13 May 2011 advising that they are unable to assist with the replacement of lines to aerial bunded cable (ABC)>

 

13

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

14

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

15

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

16

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.

17

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.

18

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.

MARCH 2011

19

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

20

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

21

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.

APRIL 2011

22

 

7/4/2011

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

 

DES

Process commenced

23

 

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

24

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.  Meeting has been arranged to discuss proposal with Coffs Harbour City Council on Monday 23 May 2011.

 

Meeting held – report to come to Council for future direction.

25

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

Letter sent 13 April 2011

26

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.  Deferred as Section 94 officer has been on sick leave.

 

Section 94 Officer has now resigned.  To be reported in August.

27

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

28

PRF53

21/4/2011

Foreshore redevelopment – River Street, Macksville – Option A stage 1 (with modifications) be placed on public exhibition for 28 days.

 

DES

Placed on public exhibition (closing 4.00 pm on 2 June 2011) with a further report to Council with summary of comments received.

29

SF84

21/4/2011

Council write to the Minister for Police and Emergency Services & complain about RFS cost increases and controls re use of fuel cards and phones.  Also why IPART don’t review cost increases and why there is a prepayment for the Volunteer & Statewide Support contribution.

 

DES

Letters sent week ending 29 April 2011.

30

SF84

21/4/2011

Council write to the Minister for Local Government, Minister for Police and Emergency Services and Local Member advising that increases in contributions to the RFS well exceed rate pegging and express Council’s concern about the lack of transparency in the increases sought.

 

GM

Letters sent week ending 29 April 2011.

31

SF84

21/4/2011

Council write to the head of the local district of the RFS and request copies of annual reports of expenditure in this district for the past 5 years.

 

DES

Letters sent week ending 29 April 2011.

MAY 2011

32

SF959

5/5/2011

Council write to RTA and ask that the new 90km/hr zone on the Pacific Highway be extended from Valla Beach to Nambucca Heads and that feeder roads have appropriate markings.

 

GM

Letter sent 9 May 2011.

 

RTA meeting Council staff and undertaking an inspection  week commencing 4 July 2011.

33

SF1306

5/5/2011

Council write to the Hon. Andrew Stoner MP and ask why there needs to be new arrangements for bush fire certificates and why they can’t continue to be provided by the RFS.

 

DEP

Letter sent 9 May 2011.

34

SF395

5/5/2011

Council approach Comet Windmills regarding the type of pump they propose to install in Dawkins Park and whether it will be self priming and its susceptibility to sucking debris.

 

GM

Letter sent 9 May 2011.  Report to this meeting

 

Comet Windmills have been requested to finalise payment of  the outstanding loan.

35

SF1595

19/5/2011

Council forward concerns raised over the determination of DA 2010/234 Proposed Primary School to the Joint Regional Planning Panel Secretariat with a copy to the NSW Deputy Premier and Member for Oxley, the Hon. Andrew Stoner MP.

 

GM

Letter sent 26 May 2011

36

SF1595

19/5/2011

Council ask the Minister to make an urgent determination as to whether the issues raised in the letters of complaint and public representations regarding the JRPP’s determination of DA 2010/234 provide grounds for the Minister to exercise his responsibilities under Section 7(f) of the EPA Act.

 

GM

Letter sent 26 May 2011

37

SF1595

19/5/2011

Council investigate relocation of taxi rank from High Street, Bowraville to another suitable location in Bowraville with options regarding removal & reinstatement when required.

 

DES

Report prepared for Traffic Committee and letter prepared for Bowraville Chamber of Commerce.

 

Traffic Committee endorsed the removal of taxi ramp.

38

SF1595

19/5/2011

The General Manager present an overview of the Annual Report to Councillors upon its completion.

 

GM

Overview report to be presented in November 2011

39

SF788

19/5/2011

Council consider refunding $4,451 in DA fees to Nambucca Valley Care subject to finalisation of 2011/12 budget.

 

GM

July 2011

 

Budget report to meeting of 30 June 2011 insufficient funds in donations budget to refund.

40

SF909

19/5/2011

Manager Business Development prepare a digital economy strategy re identifying blackspots to be presented to the NBN Co for rollout consideration.

 

GM

September 2011

41

SF1031

19/5/2011

That a new policy covering donations to charities be prepared to cover all existing policies and to better ration the limited donations budget.

 

GM

July 2011

42

SF415

19/5/2011

Report on encroachment of Autumn Lodge onto Dawkins Park be deferred to GPC on 15 June 2011.

 

GM

June GPC

No quorum at June GPC, deferred to July.

43

SF86

19/5/2011

Council write to the Minister expressing concern about the (SES) levy being unaffordable and referring to recent cost increases from the RFS.

 

DES

Letter sent 26 May 2011

44

DA2011/53

19/5/2011

Engineering Dept. provide a further report on the outcome of the GHD investigation (drainage catchment above Riverside Gardens) and whether there will still be an issue with the outlet under Riverside Drive once the detention basin has been cleared.

 

DES

GHD contacted and report anticipated end of June early July - proposed to present Council with a report for the GPC scheduled for August.

 

 

45

DA2011/53

19/5/2011

Council again lobby the State and Federal Governments for financial assistance to address the issues on the former Pacific Highway which is now Riverside Drive.

 

GM

Letters sent 9 June 2011

46

SF629

19/5/2011

Council amend its policy so that in future any request for the removal of trees deemed healthy by Council staff be accompanied by an Arborist’s report commissioned by Council at the applicant’s expense.

 

DES

Policy amended.

47

SF415

19/5/2011

Council write to Rob’s Hair Salon/Barber enquiring as to his willingness to manage a cigarette butt tray.

 

DES

Letter sent.

JUNE 2011

48

SF959

2/06/2011

Council write to the NSW Scientific Committee and request they list the Indian Myna bird as a key threatening process.

 

DEP

Letter sent.

49

SF841

2/06/2011

Council write to the RTA requesting they design the new Nambucca River bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under at maximum high tide.

 

DEP

Letter sent 8 June 2011.

50

SF61

2/06/2011

Council seek clarification from the Australian Lifeguard Service re attendance times on page 159 of the report (beach attendance reported outside of patrol hours).

 

DES

Letter sent 15 June 2011

51

PRF15

16/06/2011

 

Council defer demolition of the old amenities at Coronation Park until 30 December 2011 to allow Trust to complete proposal to restore parts of the building.

 

DES

 

52

SF674

16/06/2011

 

Premier and Minister be advised of history of Coffs Coast Waste and Council request a contribution to its costs in varying the contract from the proceeds of the Waste Levy.

 

GM

Letter sent

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                        7 July 2011

General Manager's Report

ITEM 9.2      SF544              070711         Section 94 Status Report -  June 2011

 

AUTHOR/ENQUIRIES:     Bruce Potts, Section 94 Co-ordinator         

 

Summary:

 

This Report provides an update on the status of the position of s94 Coordinator and on the status of Contributions Plans.

 

 

Recommendation:

 

That the Section 94 Status Report – June 2011, be received and contents noted.

 

 

OPTIONS:

 

There are no options. This Report is for the information of Councillors.

 

REPORT

 

Bruce Potts has been employed by Council since December 2006 in his capacity as S94 Projects Coordinator in a shared role with Bellingen and Kempsey Shire Councils. The term of the position ends on 30 June 2011.

 

The current status of the Section 94 contributions plan program for Council is outlined below.

 

Contribution Plans Status

 

Contribution Plans (Adopted)

 

·              Community Facilities and Open Space Contribution Plan

·              Surf Life Saving Infrastructure Contribution Plan

·              Bellwood Local Roads and Traffic Infrastructure Contribution Plan

·              Smiths Lane Local Roads and Traffic Infrastructure Contribution Plan

·              Project Administration Contribution Plan

 

Contribution Plans (in preparation)

 

·              Local Rural Roads Contribution Plan

 

Works Schedules (Amendments)

 

·              Community Facilities and Open Space Contributions Plan

 

 

DISCUSSION

 

Council’s Section 94 adopted Contribution Plans currently in operation are listed above. With the exception of Community Facilities and Open Space Contribution Plan, the contribution plans do not require amendment. Amendments to the Community Facilities and Open Space Contribution Plan are limited to deletion of completed works and addition of new projects within the works schedule.

 


Works to be recommended for consideration within the Community Facilities and Open Space Schedule are:

 

1          Scotts Head Boat Ramp improvements, Scotts Head – minimum $10,000 with matching dollar for dollar funding from Better Boating Program

2          Access road improvements, Macksville Showground, Macksville - $100,000.

 

 

Draft Local Rural Roads Contribution Plan

 

Currently in preparation, the Local Rural Roads Contribution Plan will provide a Contribution Plan covering proposed rural residential release areas, and further consolidate site specific Contribution Plans currently in place.

 

The previous NSW administration sought proposed amendments to section 94 (proposed Part 5B) which would have excluded Councils from requiring contributions for any road works other than local urban roads. This would have excluded the vast majority of roads within the Shire.

 

The Draft Local Rural Roads Contribution Plan will provide for contributions to be sought on roads affected by rural residential/large lot subdivision where additional demand on local road infrastructure requires to be upgraded.

 

 

CONCLUSION:

 

Amendments to the Community Facilities and Open Space Contribution Plan Schedule of Works will provide for the construction of new community infrastructure within the Shire in a sustainable manner tied to the rate of development. The current plans are designed to allow for future increases in contribution cash flow as new development opportunities arise across the Shire.

 

 

CONSULTATION:

 

Consultation was undertaken with the Council’s Accountant and General Manager.

 

 

SUSTAINABILITY ASSESSMENT:

 

Section 94 Plans form an important strategic planning tool for Council and as such provide longer term sustainability of infrastructure and facility delivery.

 

 

FINANCIAL IMPLICATIONS:

 

Section 94 developer contributions represent a significant income stream for Council and provide for the upgrading of essential infrastructure to meet demands of a growing population.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                        7 July 2011

General Manager's Report

ITEM 9.3      SF36                070711         Review of Model Code of Conduct for Local Councils - Request for Submissions on Discussion Paper

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The Division of Local Government (DLG) has circulated a discussion paper as the first stage of preparing a new draft of the Model Code which will then undergo further consultation.  The DLG has requested that any submissions on the discussion paper be received by 15 July 2011.

 

 

Recommendation:

 

That Council make a submission to the Model Code of Conduct Review suggesting:

 

a        As far as possible the provisions of a Model Code of Conduct should apply equally to both           NSW Local and State Government and

 

b        The establishment of a Conduct Review Panel for the Mid North Coast Group of Councils           (and for other Regional Organisations of Councils) that has the power to not only determine           complaints referred to it by the Mayor or General Manager but to also impose sanctions.

 

 

OPTIONS:

 

It is open for Council to make any submission to the Model Code of Conduct Review or to make no submission.

 

 

DISCUSSION:

 

The Division of Local Government (DLG) has circulated a discussion paper as the first stage of preparing a new draft of the Model Code which will then undergo further consultation.  The DLG has requested that any submissions on the discussion paper be received by 15 July 2011.  A copy of the discussion paper is attached.

 

The introductory remarks to the Discussion Paper refer to the Model Code as an “evolving” document in the context that, “the framework for managing complaints about council officials has vastly improved”, but agreeing there remains scope for further “refinement and improvement”.  This suggests the DLG have no significant concern with the Code’s fundamental principles but rather foreshadow changes at the margin.

 

It is difficult to reconcile the introductory remarks with the list of issues which have been raised with the DLG.  Section 4 raises 28 separate and significant issues in the operation of the existing Model Code.  To date most of the issues which have been raised have not arisen at Nambucca Shire Council.

 

Section 5 of the discussion paper outlines options for addressing the issues.

 

The questions posed in Section 5 in relation to binding caucus votes apply equally to the State Government.  For example, whether or not you agree with caucusing let alone how it’s defined, why is a binding caucus vote okay in State Parliament but not in a Council?

 

Besides the unequal approach to the practices of the two levels of government, the determination of a Model Code of Conduct does involve making tradeoffs between efficiency (cost) and risk (good governance).

 

The nomination of the General Manager as “gate keeper” essentially deciding what is and isn’t considered by a Conduct Review Panel or Sole Reviewer is administratively expedient but equally places the General Manager in a difficult position if the complaint is about a Councillor/s.  Not only is the General Manager employed by the Council but cannot be perceived as entering into a political dimension which can be the background of complaints by Councillors against Councillors.

 

The determination by Council of a recommendation from a Conduct Review Panel against a Councillor can pose similar problems.  It is likely to be difficult or impossible for some or all Councillors to sit in judgement of a peer

 

It is suggested that some of these problems could be overcome by the establishment of a Conduct Review Panel for the Mid North Coast Group of Councils which had the power to determine complaints and impose sanctions.  The Panel would consider those matters referred by a Council’s General Manager.  Unlike current arrangements they would have the power to impose sanctions.

 

 

CONSULTATION:

 

The discussion paper has been referred to Council’s Consultative Committee for comment.  The Consultative Committee supported a submission suggesting:

 

1.  As far as possible the provisions of a Model Code of Conduct should apply equally to both NSW Local and State Government and

 

2.  The establishment of a Conduct Review Panel for the Mid North Coast Group of Councils (and for other Regional Organisations of Councils) that has the power to not only determine complaints referred to it by the Mayor or General Manager but to also impose sanctions.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

The Model Code of Conduct along with training, leadership and transparency are all important components of good governance.  It is agreed with the DLG that the Model Code of Conduct has been one factor in improved governance in Councils but there will always remain scope for improvement.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

1View

16086/2011 - Discussion Paper

 

  


Ordinary Council Meeting - 7 July 2011

Review of Model Code of Conduct for Local Councils - Request for Submissions on Discussion Paper

 


Ordinary Council Meeting                                                                                                        7 July 2011

General Manager's Report

ITEM 9.4      SF299              070711         Back to Bowra Hinterland Festival - Committee of Management - Membership

 

AUTHOR/ENQUIRIES:     Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The Back to Bowra Hinterland Festival Committee of Management has reformed after the resignation of its previous president of the past two years.

 

 

Recommendation:

 

That Council note the new executive for the Back to Bowra Hinterland Festival Committee of Management.

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The new executive Committee of Management for the Back to Bowra Hinterland Festival consists of:

 

President               Peter Rimington

Vice President       Phillip Hall

Treasurer               Malcolm McFarlane

Secretary               Julia Morrell

Ordinary Member    Claire Mellon

 

The new Committee serves as a broad representation of the community and looks forward to engaging the Bowraville community as well as showcasing the cultural richness and diversity that Bowraville offers.

 

The Committee advises that its members will work together to modernise and make the Festival relevant with the focus on a cultural showcase including music, performance and visual arts.  The Committee believes that the opportunity presented by the World Rally event will provide an opportunity for new ideas, innovation and leadership and this is reflected in the involvement of representatives from the Bowraville Local Aboriginal Lands Council, Bowraville Central School and St Mary’s School.

 

 

CONSULTATION:

 

None.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

There is no social impact.


 

Economic

 

There is no impact on the economy.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                        7 July 2011

General Manager's Report

ITEM 9.5      SF1389            070711         Grant Application Status Report - 22 June 2011

 

AUTHOR/ENQUIRIES:     Colleen Henry, Grants Officer         

 

Summary:

 

At Council’s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

 

Recommendation:

 

That the list of grant applications and their status to 22 June 2011 be received.

 

 

Successful grant applications (not yet acquitted):

Grant and date of approval

Funding Amount

Amount -Council

Description

Regional and Local Community Infrastructure Program

November 2010

$165,000

None required

Macksville Park – Storage Building $45,000

Macksville Pool – Additional Lane $20,000

E J Biffin Fields – carpark rehabilitation $68,000

Bowraville Public amenities – upgrade $32,000

Office of the Premier

Community Building Partnership Program

December 2010

$70,938

Matching funding

Amenities Anderson Park, Valla Beach - $34,000

Playground Anderson Park, Valla Beach - $15,000

2NVR Assistance for relocation - $10,000

History in Print Project (Microfilm Reader) $11938

Sport and Recreation Participation Program

December 2010

$9,888

None required

Staying Strong exercise program to be delivered as part of Safe and Savvy Seniors (SASS), at Macksville Senior Citizens’ Centre

Federal Government election commitment  (confirmed)

$120,000

None required

Relocation of 2NVR radio station to Tewinga Hall

Better Boating program

 

$40,750

 

$14,290

Matching funding

Matching funding

Public pump-out facility at Nambucca Heads jetty

 

Lions Park Boat Ramp widening Macksville

Department of Sustainability, Environment, Water etc

 

$1 million

None required

Detailed design for off river water storage

Saluting Their Service, Department of Veterans Affairs (Grants Officer Assisted Community Group)

$4,000

NA

Rebuilding of Taylors Arm War Memorial

 

Additions since last report:

Grant and Date of Notice

Amount

Amount - Council

Description

 

 

 

 

Total year to date

$1,424,866


Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Department of Sustainability, Environment, Water, Population and Communities

No closing date

 

$10 million

TBC

Off-river water storage (subject to a number of conditions including detailed plans, relevant approvals, Council funding, confirmation of final project costs.

Coastline Cycleway Grant 2010-2011

Closed November 2011

$50,000

$50,000

Completion of 350m section of cycleway between Nambucca Heads and Macksville.

Indigenous Sport and Recreation Program

Closed 25 February 2011

$168,000

NA

Nambucca Valley Sports Facilitation Program (Ritchie Donovan)

Department of Sport and Recreation Facilities Grant

Closed 15 April 2011

$960

NA (matching funds to come from NHTTC)

1 Table Tennis Tables for NH Table Tennis Club (NHTTC)

$406,870

$206,870 (2011/12 budget)

2. EJ Biffen Drainage Improvement

 

$19,042

NA (matching funds to be provided by group)

3 Bowraville Cricket Club Nets and Pitch

$62,194

$20,000 (2011/12 budget)

4 Unkya Reserve Playground equipment and toilets

Department of Regional Australia, Regional Development and Local Government - Regional Development Australia Fund

Closed 13 May 2011

$1,615,000

None required

Community Transport Project – Purchase of land and building for Nambucca Heads depot

Department of Families, Community Services and Indigenous Affairs Volunteers Grants

Closed 8 June 2011

$5000

$4171

$1729

$4998

$4760

$4650

$1999

$4998

None required

Macksville Showgrounds

Mary Boulton

Talarm Hall

EJ Biffin

Coronation Park

Valla Beach

Argents Hill Hall

Welsh’s Park CoM

 

Unsuccessful applications in this period:

Grant and date of application close

amount

Amount - Council

Description

Cancer Council Alive and Well

Closed 18 February 2011

$4,000

$4,000

Trees and works associated with Macksville Foreshore and Bellwood Park

Department of Health and Ageing

Closed 18 February 2011

$703,607

NA

Healthy Communities Initiative

Department of Families, Community Services and Indigenous Affairs

Closed 25 March 2011

 

$14,000

 

$6,310

Matching dollar and in kind (from 2011/2012 budget)

1 Bowraville Folk Museum internal and external access upgrades

2 Nambucca Senior Citizens Centre external access upgrade

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                        7 July 2011

Director Environment & Planning's Report

ITEM 10.1    SF1589            070711         Outstanding DA's greater than 12 months, applications where submissions received not determined to 27 June 2011

 

AUTHOR/ENQUIRIES:     Emma Shaw, Administration Support Officer         

 

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) (none are in excess of 12 months old).

 

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:

 

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

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 advice from the applicant to withdraw application now that DA 2010/234 has been refused byJRPP.

Final 7 day letter sent 26/05/2011 – awaiting reply

WITHDRAWN

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

Additional information received from applicant and referred to DECCW (Office of Water) 23/05/2011.

Still waiting on advice from DECCW and RFS

 

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2011/053

18/03/2011

16 Unit Residential Dwellings & Associated Landscaping, Driveway and Communal Areas

Lot 1 DP 1108420, 17-23 Piggott Street, Nambucca Heads

§ Use of open space area

§ Loss of views

§ Traffic issues

§ Water run-off and drainage

§ State of the road surface

§ No footpaths

 

Additional information received 18/4/11.

Second referral provided to Engineering Department to address drainage issues.

Further additional information required from applicant.

Still awaiting flood study information from applicant

 

2007/007/02

14/04/2011

Modification of Driveway for multi-housing units

Lot 1 DP 758749, 7 Bemago Street, Nambucca Heads

§ Requesting centre markers of road be moved

§ Speed humps to be installed

§ Double lines for road safety

 

Amended plans to be submitted by the applicant for improvement works proposed within the existing road reserve.

7 Day letter to be sent if information not received by 25/5/2011

Amended plans received – a report will be prepared at  future General Purpose Committee

Reported to Council – Special Meeting 30 June 2011

2011/088

25/05/2011

New dormitory with ensuites, additional ensuites to existing dormitories

 

Lot 1 DP 510907 & Lot 1 DP 406006, 7 Banksia Crescent, Scotts Head

 

§ Flooding - access impassable when floods, also flooding from Warrell Creek has reached dormitories & reserve in the past

§ Christian Youth Centre (CYC) adjoins a zoned reserve and Lots 1 & 2 DP 417248 and have no right of carriageway. It is a buffer between CYC & the residential area It is unsealed & concerned with dust & erosion with construction vehicles.

§ Seal end of Banksia Crescent to link up with the present sealed section

§ Access way be from a legal access way on Banksia Crescent not from the Reserve

Adjoining owner notification ended 21 June 2011

Awaiting response from RFS

 

2011/090

27/05/2011

2 x Shade Sails

 

Lot 83 DP 228703, 128 Ocean View Drive, Valla Beach

 

§ Concern with drainage run off

 

Amended plans to be submitted by the applicant Adjoining owner notification ended 23 June 2011

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                        7 July 2011

Director Environment & Planning's Report

ITEM 10.2    SF1589            070711         DA's and CDC's Received and Determined under Delegated Authority to 27 June 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 27 JUNE 2011

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2011/093

08/06/2011

Austam Homes

Dwelling

Lot 44 DP 755538, Lower Buckrabendinni Road, Bowraville

136,717

2011/094

10/06/2011

Coral Homes

Dwelling

Lot 87 Dp 1099538, 80 Seaforth Drive, Valla Beach

209,836

2011/095

15/06/2011

Perry Homes

Dwelling

Lot 20 DP 1076134, 47 Max Graham Drive, Valla Beach

231,578

2011/096

15/06/2011

Mr C Gossling

Attached Dual Occupancy

Lot 3 DP 1054541, 24 Hallidise Street, Nambucca Heads

500

2011/097

16/06/2011

Ms G Stott

Garage

Lot 3 DP 708549, 44 Searles Road, Tamban

60,000

2011/098

27/06/2011

Ms H Cruickshanks

Garage

Lot 51 DP 825987, 554 Gumma Road, Gumma

11,450

2011/099

22/06/2011

Mick Brooks Building Design

Dual Occupancy

Lot 13 DP 758630, 2 Boulton Street, Macksville

450,000

2011/100

21/06/2011

Mr B Fortescue

Two Lot Large Lot Residential Subdivision

Lot 1055 DP 104401, 79 Upper Warrell Creek Road, Macksville

0

2011/101

22/06/2011

Mrs P Ashlin

Retaining Wall

Lot 23 DP 1116110, 20 Sharwill Drive, Valla

10,000

2011/102

23/06/2011

Congarinni Pony Club

Rural Shed & Water Tank

Lot 38 DP 755562, Eungai Creek Road, Eungai Creek

15,000

2011/103

24/06/2011

Geoff Smyth Consulting

Bed & Breakfast

Lot 873 DP 601418, 95 Helliwells Road, Missabotti

20,000

2011/104

24/06/2011

Stuart Design

Dwelling

Lot 1 DP 842652, 1 Faringdon Close, Nambucca Heads

140,000

2011/105

24/06/2011

Mrs D Buttsworth

Continued Use of Dwelling

Lot 22 DP 714892, 334 Valla Road, Valla

0

 

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED TO 27 JUNE 2011

 

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2011/623

20/06/2011

Mr G Oxley

Dwelling Additions

Lot 6 Section M DP  20823, 50 Vernon Street, Scotts Head

 

9,169

 

 


DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 27 JUNE 2011

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2011/065

Lot 1 DP 864792, 24 Sport Street, Nambucca Heads

Alterations & Minor Additions to Existing Club

250,000

2011/068

Lot 16 DP 806620, 8 Lennon Close, Macksville

Dwelling & Retaining Wall

236,000

2011/077

Lot 40 DP 248782, 15 Curlew Street, Nambucca Heads

Carport

6,000

2011/078

Lot 30 DP 816018, 4 Kimberley Grove, Nambucca Heads

Shed

20,000

2011/084

Lot 27 DP 563283 23 Conen Street Bowraville

Garage Door on Carport

8,000

2008/182/01

Lot 8 DP 881990 11 Eddy Close Way Way

Dwelling Modification

200,000

2010/296

Lot 1 DP 1088611 6 Valley View Road Talarm

Rural Dwelling

200,000

2011/056

Lot 9 DP 20743 53 Seaview Street Nambucca Heads

Garage & Carport

20,000

2006/225/01

Lot 8 Sec 10 DP 758749 14 Pilot Street Nambucca Heads

Additions - Residential Modification

75,000

2011/082

Lot 34 DP 245574 6 Bismark Street Nambucca Heads

Dwelling additions & Front & Back Decks

90,000

2011/063

Lot 14 DP 1099448, Strawberry Road, Congarinni

Dwelling-House

332,774

2011/060

Lot 21 DP 572394, 85 Sturdee Street, Macksville

Carport, Shed, Awning, Patio and Deck

27,850

2011/072

Lot 190 DP 701488, 16 McDonald Drive, Nambucca Heads

Patio, Screened Enclosure & Deck

52,950

2006/128/02

Lots 241 & 242 DP 537787, Gumma Road, Gumma

3 Lot Rural Residential Subdivision Modification

 

2011/050

Lot 6 DP 1134592, 11 Sunbird Drive, Nambucca Heads

Dwelling-House

260,000

2005/012/01

Lot 322 DP 873067, 32 River Oak Crescent, Scotts Head

Dwelling-House Modification

100,000

2006/017/01

Lots 90 & 91 DP 826617 & Lot 95 DP 1041228, 5-9 Kylie Street, Macksville

Industrial Shed Modification

400,000

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                        7 July 2011

Director Environment & Planning's Report

ITEM 10.3    SF1599            070711         Report on a Public Hearing for Reclassification of Council owned community land

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to advise Council of the results of the public hearing of the Planning Proposal for Nambucca Local Environmental Plan (NLEP) 2010 Amendment Number 1.

 

The planning proposal reclassifies three (3) parcels of land from community land to operational land in accordance with previous Council resolutions. The land to be reclassified includes:

 

·              Part Lot 31 DP 248561 Yarrawonga St Macksville;

·              Part Lot 40 DP 711098 Old Coast Road Kingsworth Estate; and

·              Lot 163 DP 822649 Little Tamban Road Eungai Creek

 

The Department of Planning required Council to undertake a public hearing into this land reclassification.

 

 

Recommendation:

 

1          That Council proceed with the reclassification of community land to operational land for each of the following:

 

·           Part Lot 31 DP 248561 Yarrawonga Street, Macksville

·           Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate

·           Lot 163 DP 822649 Little Tamban Road, Eungai Creek.

 

2          That pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the planning proposal shall be forwarded to the Minister of Planning for the plan to be made.

 

3          That a Plan of Management for the reserve within Kingsworth Estate be prepared by Engineering Services detailing, amongst other matters, pedestrian and vehicular access arrangements.

 

4          Those persons who made submission to the plan be notified of Councils decision.

 

 

 

OPTIONS:

 

That Council not proceed with the proposed reclassifications.

 

 

DISCUSSION:

 

Council proposed to reclassify and rezone three (3) parcels of land in draft NLEP 2010. These were carried forward from LEP 1995 (Amendment No 64).

 

The three parcels of land are:

 

Lot 31 DP 248561 Yarrawonga Street;

Part Lot 40 DP 711098 Kingsworth Estate; and

Lot 163 DP 822649 Eungai (Eungai Pre-School).

 

The NLEP 2010 made by the Minister has given each of these parcels the appropriate land zone to reflect the intended reclassification but has not included the reclassification of the land from community land to operational land under Schedule 4 of NLEP 2010.

 

The DoP provided the following advice in relation to this matter:

 

The three parcels of land listed in Part 1 of Schedule 4 which were to be reclassified operational have been omitted because the procedure for the public hearing was not in accordance with Section 68 of the Act in relation to the Nambucca LEP 2010. Council is encouraged to include this land in a planning proposal to amend the plan.

 

Although it is considered that adequate justification was put to the Department of Planning (DoP) to retain the respective parcels of land in Schedule 4, the DoP decided to delete their inclusion in the schedule for the reclassification of public land. In discussions with the DoP, Council was verbally advised that Parliamentary Counsel and DoP Legal had concerns that the public hearing was held under the previous LEP 1995 Amendment and not the Nambucca LEP 2010.

 

Council resolved to pursue the reclassification of the above public land on the 15 September 2010. The following resolution was made:

 

The following Land be reclassified from Community land to Operational land pursuant to clause 30 of the Local Government Act 1993:

 

·          Part Lot 31 DP 248561 Yarrawonga Street;

·          Part Lot 40 DP 711098 Kingsworth Estate; and

·          Lot 163 DP 822649 Eungai (Eungai Pre-School).

 

Based on this resolution a Planning Proposal was prepared and forwarded to the Minister of Planning for consideration under Clause 56 of the Environmental Planning and Assessment Act 1979. A Gateway Determination response from the DoP was received on 2 December 2010 which indicated Council could proceed with the planning proposal subject to appropriate public consultation.

 

Public Exhibition

 

To meet the requirement set by the Gateway Determination the Planning Proposal was exhibited for a period of 30 days, from the 13 January to 11th February 2011.

 

During this period Council received a single submission from Mr and Mrs Green (attachment 1).The submission raised concerns regarding the following matters related to the reclassification of Part Lot 40 DP 711098 Kingsworth Estate:

 

·              Requested a copy of the Valuation details for the land exchange at Kingsworth Estate;

·              Concerns regarding access to Old Coast Road through Florence Wilmont Drive; and

·              Requests that any access provided to the dam will be done with consideration to all concerned.

 

Planning Response

 

In response to the above matters a copy of the Council report which considered the land valuations was provided to Mr and Mrs Green.

 

The concerns regarding access between Florence Wilmont Drive and Old Coast Road is not relevant to this planning proposal.

 

Council’s previous recommendation regarding the reclassification of this land was to prepare a plan of management for the reserve. This will be particularly important should access be constructed and provided to the dam on the lower elevations of the reserve. It is recommended that Council duplicate the previous resolution to prepare a plan of management for the Reserve.

 

On the 3 March 2011Council resolved to proceed with the reclassification and all relevant information was forwarded to the Department of Planning for consideration. The Department reiterated its position that they would not process the amendment until a second public hearing was held specifically in relation to the amendment to the Nambucca LEP 2010.

 

To satisfy the Departments requirements the public hearing was advertised as required by the legislation. The advertisement included details of the public hearing to be held on the 6 June 2011 between 5:00pm and 6:00pm.

 

As nobody attended the public hearing there is nothing further to report on this matter. A copy of the original facilitator report and more recent report is attached for Council's information. (Attachment 2 & 3)

 

A copy of the Planning Proposal which provides further details on the proposed reclassifications is available from Council Strategic Planner if required.

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Environmental impacts have been appropriately considered through the reclassification process

 

Social

Social impacts have been appropriately considered through the reclassification process.

 

Economic

It is not considered that there will be any negative impacts as a result of reclassifying the subject land. In fact various economic benefits may arise from the reclassification including, disposal of surplus Council land (Yarrawonga Street).

 

Risk

It is not considered that there are any risks associated with the proposed reclassification of public land.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The sale of other land in the future may contribute to selected project budgets such as embellishment of existing reserves.

 

Source of fund and any variance to working funds

 

No variance to working funds is required.

 

Attachments:

1View

3696/2011 - Submission relating to planning proposal LEP 2010 Amendment No 1 - Colin and Diane Green

 

2View

16783/2011 - Facilitators report 2008

 

3View

16782/2011 - facilitators report June 2011

 

  


Ordinary Council Meeting - 7 July 2011

Report on a Public Hearing for Reclassification of Council owned community land

 


Ordinary Council Meeting - 7 July 2011

Report on a Public Hearing for Reclassification of Council owned community land

 































Ordinary Council Meeting - 7 July 2011

Report on a Public Hearing for Reclassification of Council owned community land

 


Ordinary Council Meeting                                                                                                        7 July 2011

Director Environment & Planning's Report

ITEM 10.4    SF1031            070711         Draft Policy - Exemption to Obtain Section 68 Approvals

 

AUTHOR/ENQUIRIES:     Phillip Gall, Manager Health and Building         

 

Summary:

 

Council considered a report on 20 May 2010 to exhibit a draft Local Approval Policy to exempt the need for Section 68 approvals for the onsite disposal of stormwater and waste water from swimming pools on rural properties > than 20ha in area.

 

The draft policy has been exhibited for the mandatory twenty eight (28) days with a further fourteen (14) days for comment and referred to three (3) private Principal Certifying Authorities for comment.

 

During this consultation period no formal responses have been received.

 

Council further resolved to make six (6) amendments to the draft policy prior to it being placed out for public comment. These changes where made and the draft policy is now presented for Council’s adoption.

 

The policy will overcome the need for rural property owners to obtain an approval under section 68 for storm water and waste water disposal from swimming pools, which can only be issued by Council.

 

Compliance with the policy will rest with the property owner in the case of exempt developments and the Principal Certifying Authority (PCA) for all other cases. This may be Council or a private PCA.

 

 

 

Recommendation:

 

1          The draft Local Approval Policy – “Exemption to obtain section 68 approvals under the Local Government Act 1993 for Stormwater Drainage from buildings, structures & disposal of waste water from swimming pools & spa pools on large rural properties in excess of 20ha in area” be adopted.

 

2          The adopted policy be placed on Council’s website.

 

3          The local private certifiers operating within the Shire be notified of the new policy.

 

 

 

OPTIONS:

 

1        Approve the draft policy as exhibited

2        Not approve the draft policy

3        Amend the policy and place on further exhibition.

 

 

DISCUSSION:

 

The draft policy has been proposed to avoid the need for Council staff to be involved in issuing section 68 approvals on large rural properties where Council is not the PCA or the development proposal is exempt development.

 

The policy set design standards that are to be complied with by either the property owner in the case of exempt development or the PCA being Council or Private Building Surveyor who is undertaking a Complying Development Certificate of a Construction Certificate.

 

CONSULTATION:

 

The draft policy has been placed on public exhibition and referred to three (3) private Building Surveyors for comment. There have been no formal responses to the consultation process.

 

Further advice was taken from Mr Chris Summers, consultant to the Department of Planning following a seminar at Coffs Harbour in relation to Exempt and Complying Development matters.

 

Director of Environment & Planning.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The policy is designed to provide an exemption to the need to obtain an approval under section 68 of the LGA 1993 on larger rural properties where developments are either exempt or approvals issued by a Principal Certifying Authority (PCA). The policy establishes design guidelines which will be self regulating for exempt developments or controlled by the PCA where a Complying Development Certificate or Construction Certificate has been issued.

 

Social

 

No social impacts are expected from this policy

 

Economic

 

There is expected to be no economic impact from the adoption of this policy.

 

Risk

 

N/A

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is potentially an impact on Council’s annual income from applications that would normally be lodged under section 68.

The impact is expected to be off set due to the reduction in compliance costs by not having to undertake inspections on exempt developments and other developments being issued by private PCAs.

 

Source of fund and any variance to working funds

 

Not applicable

 

 

Attachments:

1View

6564/2010 - DRAFT Local Approval Policy

 

  


Ordinary Council Meeting - 7 July 2011

Draft Policy - Exemption to Obtain Section 68 Approvals

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

LOCAL APPROVALS POLICY – EXEMPTION TO OBTAIN SECTION 68 APPROVALS UNDER THE LOCAL GOVERNMENT ACT 1993 FOR STORMWATER DRAINAGE FROM BUILDINGS, STRUCTURES AND DISPOSAL OF WASTE WATER FROM SWIMMING AND SPA POOLS ON LARGE RURAL PROPERTIES IN EXCESS OF 20HA IN AREA

 

 

 

FunctionEnvironment and Planning

 

 

Adopted: 20 May 2010

Last reviewed

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

 

The objectives of this policy are to:

 

a          specify the conditions whereby stormwater and waste water disposal from swimming & spa pools are exempt from obtaining an approval under section 68 of the Local Government Act for Exempt Developments, Complying Developments Certificates and Construction Certificates;

 

b          specify what assessment process is required to be undertaken and by whom to comply with this policy;

 

c          specify other legislation and guidelines that must be complied with as part of this policy;

 

d          outline circumstances when the policy may not apply;

 

e          identify documentation to be submitted to Principal Certifying Authority (PCA) to comply with the policy; and

 

f           provide a mechanism for response where non-compliance issues with the policy are detected.

 


2.0       Related legislation

 

            This policy is to apply for exempt and complying developments undertaken under Council’s Development Control Plan for Exempt and Complying Developments, State Codes (SEPP Exempt and Complying Developments Codes), Construction Certificates, under the EP&A Act 1979 and Regulations 2000, where the drainage and waste water disposal system have been approved as part of a development consent.

 

            Drainage pipes are installed and used in accordance with the manufacturer’s Specification and AS 3500 – 2003, Part 3.

 

 

3.0       Definitions

 

3.1       Large rural property – relates to property title sized 20ha or greater in area.

 

            On-site storage facility – includes the following structures; rainwater tanks, gutter storage facilities, landscape ponds, earth storage dams or reservoir created to contain and hold stormwater and swimming pool drainage water on a property.

 

4.0       Policy statement

 

4.1       This policy has been prepared to exempt the need to obtain an approval under Section 68 Part 5 of the Local Government Act 1993 to carry out stormwater drainage work associated with buildings, structures and waste water disposal systems associated with swimming and spa pools on large rural and rural-residential properties within the Shire.

 

5.0       Conditions that allow the exemption to be permitted

 

5.1       Roof water and rain water tank overflows:

 

i         buildings, structures located a minimum of 5m clear of any property boundary or right-of-carriageway;

 

ii         drainage pipes and disposal trenches to be a minimum of 5m off any boundary, right-of-carriageway or access road, with water to be dispersed so as to not create a nuisance to any neighbour’s property;

 

iii        all dispersion points of drainage water to the ground are to be protected against damage from mowers and other plant and equipment and provided with protection to prevent erosion to receiving natural drainage lines;

 

iv        pipe work is to direct drainage water a minimum of three (3) metres away from any building/structure’s footings and disperse water in a manner to avoid water ponding and creating breeding areas for mosquitoes and other insects;

 

v        all drainage water is to be disposed of to avoid discharge across any existing on-site sewerage management system disposal area. This includes any overflow pipes from an on-site storage facility;

 

vi        Complying Development and Construction Certificate drainage plans assessment and compliance to be undertaken by the Principal Certifying Authority;

 


vii       water containing chemicals is not to be discharged to natural water courses unless treated to neutralise the chemical content, this includes chlorinated pool water, when backwashing filters and emptying pools. Water is to be tested before discharged to land to ensure it contains no harmful chemicals. Results of tests are to be provided to the Principal Certifying Authority or retained by the property owner where works are deemed to be exempt;

 

viii      prior to issuing an Occupation Certificate a works as executed plan of all drainage lines and associated works is to be submitted to the Principal Certifying Authority;

 

ix        where buildings are constructed as exempt development, the stormwater drainage design and installation is to be undertaken by the principal contractor or the property owner to ensure compliance with sections 5.1-5.8 above.

 

5.2       Backwash waste water and water from swimming pools:

 

            i         pools and spas to be located a minimum of 5m clear of any property boundary or right of carriageway;

 

            ii         water containing chemicals is not to be discharged to surface drainage lines that will permit flows into natural waterways;

 

            iii        pool water must be treated to neutralise any chemical content prior to discharge into natural waterways;

 

            iv      when discharging of pool water is undertaken, the water is to drain slowly so that it soaks into the ground with minimal ponding and without running off the property or causing flooding issues;

 

            v        all regular backwash water is to be disposed of to a trench with a suitable filter bag or device on the entry to the trench;

 

            vi        surface drainage water from around pool area is to be disposed of to subsurface trench on site and not disposed of above ground.

 

6.0       History

 

The requirements to obtain approval to undertake stormwater drainage works are set out under Section 68 Part B of the Local Government Act 1993 with Council as the authorised authority.

 

The option to provide an exemption to the provisions of section 68 may be provided in a Local Approvals Policy adopted by Council.

 

The introduction of Exempt & Complying Developments and deregulation of the building construction approval process has created circumstances where Council is required to assess applications under Section 68 of the Local Government Act 1993 for stormwater drainage and to attend compliance inspections at sites where all other components of the building project are either exempt or being attended to by a private certifier.

 

It is considered the impacts of drainage works on larger rural properties will have minimum impact on neighbouring properties when undertaken in accordance with this policy.

 

The policy will reduce the demands on Council’s Building Surveyors to attend isolated rural sites to carry out drainage compliance inspections when works are under the control of a Private Certifier or are exempt development works.

 

---oo0oo---


Ordinary Council Meeting                                                                                                        7 July 2011

Director Environment & Planning's Report

ITEM 10.5    DA2005/017      070711         Extinguishment of Positive Covenant Lot 18 in DP 1099488

 

AUTHOR/ENQUIRIES:     Selina McNally, Senior Town Planner         

 

Summary:

 

Mr Terry Perkins, Solicitor and Conveyancer, has requested Council to execute a 'Cancellation or Extinguishment of Easement' form to correct an administrative oversight relating to the second stage of a 48 lot rural-residential subdivision approval.

 

 

 

Recommendation:

 

1          That Council apply for a 'Cancellation or Extinguishment of Easement' to delete the Asset Protection Zone over Lot 18 in 1099448.

 

2          That Council affix the seal to the 'Cancellation or Extinguishment of Easement' form to execute the amendment.

 

3          That all costs associated with changes to the title/easement documents are to be met by the applicant.

 

 

 

OPTIONS:

 

Council has the ongoing benefit of the positive covenant over the residual land in the subdivision, which was the original intention. The cancellation of the covenant corrects an administrative oversight. Therefore it is not considered there are any other reasonable options.

 

 

DISCUSSION:

 

Mr Terry Perkins, Solicitor and Conveyancer, by letter dated 8 June 2011, requested Council to execute a 'Cancellation or Extinguishment of Easement' on Lots 18, 19, 20, 21 & 22 in DP 1162892, Strawberry Road, Congarinni. A copy of the letter is attached for Council's information.

 

DA 2005/017 was granted approval for a staged subdivision to create 48 rural-residential lots. Subdivision approval for stage one created Lots 1-18 in DP 1099448. The subdivision approval for stage two created Lots 18-23 in DP 1162892.

 

Council benefits from a positive covenant which creates an Asset Protection Zone (APZ) over Lot 23 in DP  1162892; being the residue rural lot in the second stage of the staged subdivision approval. However, the positive covenant also remains on Lots 18–22 as they were formerly part of the residue rural lot. The protective covenant for the APZ is only required on the residual rural lot (Lot 23) and not on Lots 18–22.

 

Mr Perkins advised Council that the subdivision certificate for the second stage of the subdivision did not cancel the covenant insofar as it affects Lots 18-22. This should have been addressed in Schedule 1A of the 88B instrument attached to DP 1162892. Therefore it is not necessary for the positive covenant to remain on Lots 18-22 in DP 1162892.

 

To correct the title particulars it is now necessary to register a 'Cancellation or Extinguishment of Easement' over Lot 18 in DP 1099448.

 


 

CONSULTATION:

 

Property Officer.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 

Social

 

The recommendations do not give rise to any social issues.

 

Economic

 

The recommendations do not give rise to any economic issues.

 

 

Risk

 

The recommendations do not present any risk to Council

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on current or future budgets. The Developer will meet the cost of the lodgement and registration of the dealing.

 

Source of fund and any variance to working funds

 

Working funds are not required.

 

 

 

Attachments:

1View

17149/2011 - Deposited Plans of DP1162892 & 1099448 for report attachment DA 2005/017

 

2View

15636/2011 - Aquacane Pty Ltd DP 1099448 and DP 11162892 - Cancellation of Positive Covenant - DA2005/017

 

  


Ordinary Council Meeting - 7 July 2011

Extinguishment of Positive Covenant Lot 18 in DP 1099488

 



Ordinary Council Meeting - 7 July 2011

Extinguishment of Positive Covenant Lot 18 in DP 1099488

 



 


Ordinary Council Meeting                                                                                                        7 July 2011

Director of Engineering Services Report

ITEM 11.1    SF632              070711         Finalisation of Land Swap - 1 High Street, Bowraville

 

AUTHOR/ENQUIRIES:     Phillip Smith, Surveyor         

 

Summary:

 

Council resolved on 15 December 2005 to essentially affect a land swap with the registered proprietors of Lot 197 in DP 755537 to overcome a minor boundary encroachment.

 

The administrative process to give effect to the road closure is now complete and a separate title has issued with respect to the land to be transferred to the owners of Lot 197.

 

The 2005 resolution provided for the registered proprietor of Lot 197 to meet 50% of the cost of the road closure and Transfer exercise.

 

It is recommended that Council now finalise the agreement by executing a Transfer of the land described as Lot 1 in DP 1161736 in favour of John and Judith Jones being the registered proprietors of Lot 197 in DP 755537.

 

 

Recommendation:

 

1          That Council, as the Transferor, authorise the General Manager and the Mayor to execute the Transfer of Lot 1 in DP 1161736 in favour of John and Judith Jones being the registered proprietors of Lot 197 in DP 755537.

 

2          That Council note that consideration for the Transfer has been paid by way of a transfer by the registered proprietors of Lot 197 in DP 755537 of a like area of land now dedicated as public road.

 

3          That the Council seal be affixed to the transfer document lot 1 in DP 1161736 and in accordance with section 400 of the Local Government Regulations 2005.

 

 

OPTIONS:

 

There are no options. Council has the benefit of the land dedicated as road widening and is now required to finalise the land swap.

 

 

DISCUSSION:

 

Please see summary.

 

 

CONSULTATION:

 

Property Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendations do not give rise to any environmental issues.

 


Social

 

The recommendations do not give rise to any social issues.

 

Economic

 

The recommendations do not give rise to any economic issues.

 

Risk

 

There is no risk presented as a consequence of the recommendations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on budgets.

 

Source of fund and any variance to working funds

 

Working funds are not required.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                        7 July 2011

Director of Engineering Services Report

ITEM 11.2    SF1208            070711         Renaming of Congarinni Bridge

 

AUTHOR/ENQUIRIES:     Keith Williams, Manager Technical Services         

 

Summary:

 

Council at its Ordinary meeting on 7 April 2011 resolved to commence the formal procedure to rename the Congarinni Bridge “Howard ‘Pud’ Langford” Bridge after the recently deceased Howard Langford.

 

Council received a letter from Tom Ryan requesting that the bridge be renamed after his late father-in-law who passed away 22 March 2011; Mr Ryan also addressed Council at its public forum prior to the 7 April 2011 Council meeting to reinforce his submission.

 

The proposal was advertised for a period of 21 days closing 27 May 2011, 5 submissions were received all objecting to the proposed name with similar reasons.

 

 

Recommendation:

 

That Council retain the name of “Congarinni Bridge” for the recently repaired bridge over Taylors Arm River.

 

 

OPTIONS:

 

1          That Council take no action and retain the existing name Congarinni Bridge.

 

2          That Council consider installing a plaque on Congarinni Bridge to recognise Howard Langford’s campaign to have the bridge repaired and not closed.

 

 

DISCUSSION:

 

Five submissions to the renaming of Congarinni Bridge have been received, all objecting to the proposal. Three submissions were sent in anonymously, with two outlining the reason being the family of the deceased ‘has friends on council’ and who also feel they are representing others in the community.

 

The consistent reason for objections to the proposed renaming of the bridge is historical and geographical and in one particular case sentimental, ‘the bridge has always been known as Congarinni Bridge’, it’s a geographic landmark used when giving directions.

 

Submissions also noted that other families have also given decades of service to the Congarinni and Talarm community and are possibly more deserving of recognition, most submissions recognise Mr Langford’s intervention in having the bridge rebuilt but would like the existing name to remain and that some other form of recognition be considered.

 

Two submissions were particularly against the addition of ‘Pud’ in the bridge renaming if it were to be renamed after Howard Langford.

 

One submission suggested Congarinni is an aboriginal name meaning “Place of fog” which is appropriate for the area and they acknowledged early settlers, who no doubt fought for the construction of the original bridge, for their efforts and for giving the bridge an Aboriginal name.

 

 

CONSULTATION:

 

Council

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

There only social issue is the sentimental attachment many residents have for the existing bridge name.

 

Economic

 

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

 

Risk

 

There is a risk that the community will only object to name changes when the changes are actually made.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct cost to the budget as a result of this report.

 

Source of fund and any variance to working funds

 

Not applicable.

 

 

 

Attachments:

1View

12243/2011 - Submission in relation to renaming of Congarinni Bridge - M Ward

 

2View

16509/2011 - Submission in relation to Renaming of Congarinni Bridge - Roy and Dorothy Laverty

 

3View

14726/2011 - Submission in relation to renaming of Congarinni Bridge - Anonymous

 

4View

14191/2011 - Submission in relation to the renaming of Congarinni Bridge - Anonymous

 

5View

13842/2011 - Submission relating to renaming of Congarinni Bridge - Anonymous

 

  


Ordinary Council Meeting - 7 July 2011

Renaming of Congarinni B ridge

 


Ordinary Council Meeting - 7 July 2011

Renaming of Congarinni Bridge

 


Ordinary Council Meeting - 7 July 2011

Renaming of Congarinni Bridge

 


Ordinary Council Meeting - 7 July 2011

Renaming of Congarinni Bridge

 


Ordinary Council Meeting - 7 July 2011

Renaming of Congarinni Bridge