NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 17 November 2011

The following document is the minutes of the Council meeting held on 17 November 2011. These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 1 December 2011 and therefore subject to change.  Please refer to the minutes of 1 December 2011 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (arrived 5.50 pm)

Cr Janet Court

Cr Brian Finlayson (arrived 6.04 pm)

Cr Paula Flack

Cr Michael Moran OAM

Cr Elaine South

Cr Anne Smyth

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Greg Meyers (Director Environment & Planning)

Paul Gallagher (Director Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

Presentation to Council of the Acquisitive Art Prize from the Nambucca Valley Bi-Annual Art Exhibition, by:

 

          Jenny Urqhart, President Nambucca Valley Arts Council

          Lyn Greentree, Coordinator Art Exhibition

          Artist, Phyllis Moss (not in attendance)

 

 

PRAYER

 

Capt Nicole Viles from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 11.2 (GPC) Nambucca Heads Flood Investigation - Phase 2 Seaview Street Catchment under the Local Government Act as Cr Smyth has a family member who owns property in the catchment area.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

3 November 2011

 

Resolved: (Moran/South)

 

That the minutes of the Ordinary Council Meeting of 3 November 2011 be confirmed subject to the following:

Cr South – Page 3—Item 8.5 (Macksville Saleyards) Recommendation 3 should read:

 

That Councillors be advised of the date and time of an audit by both Departments so that they may be available to hear first hand of any problems and that a representative from GJ Kennedy be invited to attend.

 

 


NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF1595              171111      Notice Of Motion - South Arm And Mchughs Creek Road - Concerns Raised Over Work Practices & Grading Of Unsealed Roads (Trim SF403)

3218/11 RESOLVED:       (Hoban/Moran)

 

1        That Council note the petition distributed previously under cover of a separate memo.

 

2        That Council staff be asked to consider the comments and suggestions of residents when formulating future asset management plans and work schedules for the unsealed sections of South Arm Road and McHughs Creek Road.

 

3        That the Director of Engineering Services be asked to consider the unsealed section of South Arm Road or McHughs Creek Road as one of the sites for expenditure of the $25,000 allocated in the budget for unsealed pavement management testing.

 

 

 

Notice of Rescission

 

ITEM 6.1      SF1541              171111      Rescission Motion - Planning Proposal Lots 11 & 12 DP 1017408 and Lot 2 DP 514920 Pacific Highway Lower Nambucca

3219/11 Resolved:       (Moran/South)

 

That Council rescind the resolution:

 

That no further action be taken with this with respect to this planning proposal at this time and that further investigation may be undertaken when staff are able to prepare a Local Growth Management Strategy – Residential Lands.

 

 

DELEGATIONS

 

3220/11 Resolved:       (Ainsworth/Moran)

 

That the following delegations be heard:

 

(i)     Mr Geoff Smyth (Geoff Smyth Consulting)

          i) 6.1.... Rescission Motion - Planning Proposal Lots 11 & 12 DP 1017408 and Lot 2 DP 514920

                    Pacific Highway Lower Nambucca – Supporting Recommendations of Report

 

ii)     Ms Louise Robinson (Nambucca Heads Local Aboriginal Lands Council) Objecting to the waiver

(iii)     Ms Leanne Boatfield representing local residents – Objecting to the waiver

(iv)     Mr Geoff Smyth (Geoff Smyth Consulting)

          11.5 Request for Comment for SEPP 71 Waiver of Masterplan Lot 2 DP 1119830,

                  Alexandra Drive, Bellwood – Supporting Waiver on behalf of applicants......................... 47

 

 

Mr Geoff Smyth addressed Council making the following points in regard to the Notice of Rescission:

 

·                Will clarify some of the background information

·                Department of Planning’s letter – not opposed, but rather fits in and is part of Council’s strategy

·                That area has to be sewered particularly for oyster leases

·                Development will contribute to cost of sewer

·                Council has supported all the way up to now

 

 


Notice of Rescission

 

3221/11 Motion:   (Moran/South)

1            That Council resolve to prepare a Local Growth Management Strategy - Residential Lands and seek advice from the Director General of the Department of Planning and Infrastructure as to what specific matters it requires to be addressed.

 

2            That following receipt of the Director General’s requirements, a brief be prepared and estimates be sought from external consultants so that appropriate funds may be allocated for consideration in the 2012/2013 budget.

 

3            That the applicant be advised that Council supports the proposal and that it proposes to prepare a Local Growth Management Strategy - Residential Lands during the 2012/2013 budget year which will include the consideration of Lots 11 and 12 DP 1017408 Lot 2 DP 514920 Pacific Highway Lower Nambucca as an urban release area.

 

Amendment:       (Ainsworth/Moran)

 

1            That Council resolve to prepare a Shirewide Growth Management Strategy - Residential Lands and seek advice from the Director General of the Department of Planning and Infrastructure as to what specific matters it requires to be addressed in the Shire wide strategy.

 

2                     That following receipt of the Director General’s requirements, Council consider either preparing the strategy internally or through a consultant following the organisational review.

 

For the motion:                 Councillors Court, Ballangarry, Flack, Smyth, Ainsworth, Moran, South

                                      and Hoban    (Total: 8)

Against the Motion           Nil

 

The amendment was carried and it became the motion and it was:

 

3222/11 Resolved:       (Ainsworth/Moran)

 

1            That Council resolve to prepare a Shirewide Growth Management Strategy - Residential Lands and seek advice from the Director General of the Department of Planning and Infrastructure as to what specific matters it requires to be addressed in the Shire wide strategy.

 

2            That following receipt of the Director General’s requirements, Council consider either preparing the strategy internally or through a consultant following the organisational review.

 

 

 



DELEGATIONS continued

 

Ms Louise Robinson addressed Council in regard to Item 11.5, making the following points:

 

·                CEO for Nambucca Aboriginal Land Council

·                Acknowledge Elders past and present

·                NHLALC – on behalf of the Aboriginal men – believe they have not had enough consultation because plans do not reflect cultural needs of the area

·                The consultation is extremely important to the Aboriginal men in order for the process to go smoothly.

 

Ms Leanne Boatfield addressed Council in regard to Item 11.5, to a prepared statement which is on File LF4148.

 

3223/11 Resolved:       (Moran/Flack)

 

That Ms Boatfield be granted an additional five minutes in which to address Council

 

 

Mr Geoff Smyth addressed Council making the following points:

 

·                The extension of Marshall Way

·                The master plan is about more generic issues of area, not the details that go with the area

·                Reports have been between the Department of Planning and Department of Works – certainly be shown to the Aboriginal Land Council

·                Bellwood was part of a development control plan

·                And included the protection of Aboriginal sites

·                The majority of those principles have been achieved hence a more generic plan

·                This is not a new release are

·                Marshall Way is the last of the areas

·                Need to achieve consultation – will not be achieved affectively through the master plan

·                Happy for report to go on public exhibition and some reports may need updating as part of the development application

 

ITEM 11.5    LF4148               171111      Request for Comment for SEPP 71 Waiver of Masterplan Lot 2 DP 1119830, Alexandra Drive, Bellwood

Motion:      (Flack/Ballangarry)

 

That Council advise the Department of Planning and Infrastructure that it does not support the request for a Waiver of the requirement to prepare a Master Plan due to the lack of a site specific Development Control Plan that has been through the rigours of community input and consultation.

 

For the Motion:                Councillors Ballangarry, Flack and Smyth       (Total 3)

Against the Motion:          Councillors Court, Finlayson, Ainsworth Moran, South and Hoban (Total: 6)

 

The motion was LOST.

 

3224/11 Resolved:       (Ainsworth/Finlayson)

 

1        That Council advise the Department of Planning and Infrastructure that Council would be relying on the generic provisions of the Nambucca Development Control Plan 2010 and any studies and reports prepared by and for the proponents for the assessment of any Development Application should one be lodged.

 

2        That Council advise the Department of Planning and Infrastructure that should it issue a waiver, the applicant be advised that any application lodged with Council should be accompanied by reviewed and revised reports prepared for the former Part 3A Major Project Application. In particular attention to the recently adopted Lower Nambucca River Flood Study Review 2011, the recently endorsed Bushfire Hazard Maps and Australian Standard 3959 (2009) - Construction of Buildings in Bushfire Prone Land.

 

3        That Council forward to the Department of Planning the two papers presented at Council’s meeting by the Nambucca Heads Local Aboriginal Land Council and Ms Leanne Boatfield.

 

For the Motion:       Councillors Hoban, South, Moran, Ainsworth, Finlayson and Court          (Total 6)

Against the Motion:          Councillors Ballangarry, Flack and Smyth       (Total 3)

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

3225/11 Resolved:                 (Flack/Smyth)

LF967, LF2460 and sf15         171111         FILLING ACTIVITIES ADJACENT TO NAMBUCCA RIVER AT LOWER NAMBUCCA, PACIFIC HIGHWAY

 

That Council receive a report on the outcome of the investigation of filling activities adjacent to Nambucca River at Lower Nambucca, Pacific Highway, as per Cr Flack’s Questions with Notice and the Director Environmental Services’ responses below:

 

1                  Is the land filling activity occurring on the edge of the Nambucca River at Lower Nambucca occurring on the same land ie either Lots 11 &12 DP 1017408 or Lot 2 DP 514920 Pacific Highway, which are currently the subject of a planning proposal to rezone rural land to residential land and which are the subject of a rescission motion at the next Ordinary Meeting of Council on 17 November 2010?

The Land the subject to the placement of fill material is the same land that the Planning Proposal rescission motion relates.

2          If so, does this activity relate in any way to the planning proposal to rezone rural land to residential land on these same Lots?

Advice from the Landowner will be sought today (17/11/11) as to the purpose of the filling.

 

3          Does the dumping of soil at this location require consent from Council or any other authority?

A number of standards exist under SEPP (Exempt and Complying Development Codes) regarding earthworks and retaining walls. As such the application of the standards suggests that the filling may not be exempt.

 

As the site is within the Oyster Growing area it may be a controlled activity under SEPP 62 (Sustainable Aquaculture).

 

Due to its proximity to the river and oyster leases, any DA would need to be referred to both the Office of Water and DPI (fisheries).

 

4          What action has Council taken so far to investigate the dumping of soil at this location?

There has been no formal complaint lodged through Council's complaint system. The matter was identified by a member of staff who noticed several piles of material dumped along the ridge of the property which generated the initial investigations.

 

5          Has Council undertaken an on-site inspection?

Due to the landowners being abroad for several months, Council officers could not gain permission to enter the property. Photos were taken from neighbouring properties and due to the lie of the land Councils officer could not see the area in question.

 

6          Where is the soil being deposited?  Is it on private land, Crown land or both?

Based on aerial photos it is considered that the placement of the soil is within the bounds of Lot 11. An onsite inspection is being carried out today by Council Officers to confirm this.

 

7          If the activity does require consent from Council and has been undertaken illegally, what action has been taken so far to address the matter?

It may be that the proximity of the fill to the river (within 50mtrs) would trigger the requirement for a Development Application. Pending the outcome of the onsite inspection today a decision will be made as to what action is required.

Should an application have been required the landowner will be given the opportunity to show cause why an infringement notice should not be issued and Issue a stop work notice so no further fill is imported to the site until the matter is fully investigated.

 

8          For what purpose is the soil being deposited?

As there has been no formal investigation or interview with the owners of the land at this stage, (noting an onsite meeting today) Council does not know the purpose of the fill being deposited.

 

From air photos from 2000 to 2010 it does not appear that any land has been reclaimed, this will be confirmed at today's onsite inspection.

 

10        Will the dumping of soil at this location affect flooding patterns in the area?

The subject area may be out of the 1:100 year ARI affected land however this will need to be confirmed.

 

11      Has the dumped material been screened for contaminants?

Council is unaware but will be confirmed through today's onsite inspection.

 

 

 

 


QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

 

 


General Manager Report

 

ITEM 10.1    SF959                171111      Outstanding Actions and Reports

3226/11 RESOLVED:       (Ainsworth/Moran)

 

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

 

 

 

ITEM 10.2    SF319                171111      Macksville Showground Committee of Management - Minutes of Annual General Meeting - 26 September 2011

3227/11 RESOLVED:       (Moran/Ainsworth)

 

That Council endorse the Minutes of the Committee of Management for the Macksville Showground’s Annual General Meeting held on 26 September 2011 and thank the Committee for their continuing good work over the past twelve months.

 

 

 

ITEM 10.3    SF394                171111      Investment Report to 31 October 2011

3228/11 RESOLVED:       (Moran/South)

 

That the Accountants’ Report on Investments placed to 31 October 2011 be noted.

 

 

 


General Manager Report – LATE

 

ITEM 10.4    SF1609              171111      Grants - Regional Development Australia Fund Round 2 - Inability to Apply

3229/11 RESOLVED:       (Hoban/Court)

 

That Council note the report and write to Minister for Regional Australia, Regional Development and Local Government, the CEO of RDO Mid North Coast as well as the Local Government and Shires Association expressing Council’s utter disappointment that the new guidelines for grants for Regional Development Australia Fund Round 2 exclude smaller rural and regional councils accessing the substantial funds made available by the Federal Government and request that the guidelines be reviewed.

 

 

Director Environment and Planning Report

 

ITEM 11.1    SF1589              171111      DEP Applications and Statistical Reports July 2011-June 2012, 2007-2011 and Certificates Received 2007-2011

3230/11 RESOLVED:       (Moran/South)

 

1          That Council note development application statistics and processing times for July 2011-June 2012 compared with July 2010-June 2011.

 

2          That Council note Occupational Certificate released for the years 2007 to 2011.

 

3          That Council note the statistical information for Applications and Certificates received by Council for 2007-2011.

 

 

 

ITEM 11.2    SF1148              171111      Contract Regulatory Officer's Report October 2011

3231/11 RESOLVED:       (Flack/Ballangarry)

 

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

 

 

 

ITEM 11.3    SF1589              171111      Outstanding DA's greater than 12 months, applications where submissions received not determined to 4 November 2011

3232/11 RESOLVED:       (Ainsworth/Moran)

 

1          That the list of outstanding development applications (in excess of 12 months old) be noted and received for information by Council

 

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

 

 

 

ITEM 11.4    SF1589              171111      DA's and CDC's Received and Determined under Delegated Authority to 4 November 2011

3233/11 RESOLVED:       (Moran/Smyth)

 

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

 


 

Item 11.5 was dealt with under Delegations.

 

 

 

Director Engineering Services Report

 

ITEM 12.1    SF203                171111      2009/10 NSW Water Supply and Sewerage Performance Monitoring Report

3234/11 RESOLVED:       (Ainsworth/Ballangarry)

 

That Council note the release of the 2009/10 Water Supply and Sewerage Performance Monitoring Report by the Minister for Primary Industries and receive and note the summary to address Triple Bottom Line Performance Report, Commentary and Action Plans to address areas of under performance.

 

 

 

Director Engineering Services Report – LATE

 

ITEM 12.2    SF565                171111      Request for extended duration of temporary road closure of Ridge Street Nambucca Heads between Bowra Street and Estuary Lane

3235/11 RESOLVED:       (Moran/Flack)

 

1        That Council approve the extended duration of the temporary road closure of Ridge Street, Nambucca Heads between Bowra Street and Estuary Lane between 3.30 pm and 9.30 pm on Thursday 1 December 2011 for the Christmas Street Event hosted by the Nambucca Heads Chamber of Commerce.

 

2        That Council readvertise the Christmas Street Event with the amended hours 7 days prior to the event.

 

 

 

Director Engineering Services Report – LATE

 

ITEM 12.3    SF593                171111      Nambucca Flood Investigation – Phase 2 Seaview Street, Nambucca Heads

3236/11 RESOLVED:       (Flack/South)

 

That this matter be deferred.

 

 

  

 

General Purpose Committee REPORT

 

ITEM 9.1           SF820            171111      Quarterly Performance review - 30 September 2011 (Item 9.1 in the General Purpose Committee)

3237/11  RESOLVED:      (Court/Flack)

 

That Council note the extent to which the Performance Targets have been achieved for the quarter ending 30 September 2011.

 

 


 

ITEM 9.2           LF3123          171111      Nambucca Valley Youth Services Centre (Item 9.2 in the General Purpose Committee)

3238/11 RESOLVED:       (Flack/South)

 

1        That Council’s Property Officer consider the proposed licence conditions which have been put to the Nambucca Valley Youth Services Centre (NVYSC) by the Land and Property Management Authority and provide advice to the NVYSC in relation to the proposed conditions.

 

2        That if possible, Council’s Property Officer be available to attend a meeting with the NVYSC and the Land and Property Management Authority to discuss the terms of the proposed licence agreement.

 

3        That Council act in an advocacy role to support the NVYSC’s continued occupation of the building noting the importance of the services they provide and their need for security of tenure to continue to provide those services.

 

 

 

ITEM 9.3           SF1460          171111      Review of Rating Structure (Item 9.3 in the General Purpose Committee)

3239/11 RESOLVED:       (Hoban/Ainsworth)

 

1        The structure of Farmland Category be changed to incorporate the statutory minimum with ad valorem maintaining current yield.  Minimum amount to be increased by approved rate peg annually.

 

2        Council undertake a review of the current farmland criteria to better reflect higher intensity farming pursuits.  Future farmland inspections to be assessed on the revised criteria.

 

 

 

ITEM 10.1         SF135            171111      Draft Supplementary State of the Environment Report 2010-2011 (Item 10.1 in the General Purpose Committee)

3240/11 RESOLVED:       (Ainsworth/Court)

 

That the Draft 2010/2011 Supplementary State of the Environment Report be endorsed for submission to the Department of Local Government.

 

 

 

ITEM 10.2         SF1541          171111      Planning Proposal - Lot 1 DP80572 Egan Street Macksville (Item 10.2 in the General Purpose Committee)

3241/11 RESOLVED:       (Hoban/Ainsworth)

 

That given flood modelling results for Macksville are imminent, that Council defer a decision on this proposal until their completion and the applicant be advised in the meantime to consider addressing the outstanding issues raised in the report to the General Purpose Committee.

 

For the Recommendation                     Councillors Hoban, Ainsworth, South, Finlayson, Court  (Total – 5)

Against the Recommendation               Councillors Moran, Ballangarry, Flack and Smyth  (Total – 3)

 

NoteCr Moran requested that his vote be recorded as against this resolution because he believes we are bringing issues into things when we haven’t got them in place.

 

 


 

ITEM 11.1         SF826            171111      Working Trial of Asphalt Zipper (Item 11.1 in the General Purpose Committee)

3242/11 RESOLVED:       (Flack/Smyth)

 

That Council note the trial of the asphalt zipper but await a report on the trial including advice as to all of the costs involved with using the machine.

 

 

 

ITEM 11.2         SF593            171111      Nambucca Heads Flood Investigation - Phase 2 Seaview Street Catchment (Item 11.2 in the General Purpose Committee)

3243/11 RESOLVED:       (Flack/Court)

 

1        That Council adopt the option to retain the existing and approved drainage system within the Seaview Street Stormwater drainage catchment which was constructed to the standards and knowledge of the day.

 

2        That Council adopt the option to retain the existing and approved drainage system within all other established stormwater drainage catchment areas within the Nambucca Shire Council LGA which was constructed to the standards and knowledge of the day.

 

3        That in accordance with the Australian Rainfall and Runoff (AR&R) and AUS-SPEC#1 Design Specifications September 2002 future developments shall define a surcharge path for systems even where a 100 year Annual Recurrence Interval flow can be maintained within the system.

 

4        That in accordance with the Australian Rainfall and Runoff (AR&R) and AUS-SPEC#1 Design Specifications September 2002 future developments are to provide easements within private property over pipe systems and surcharge paths.

 

5        That the following recommendation be deferred to Council’s meeting on 17 November 2011 to allow for definitions to be provided for the terms and categories used:

 

                  That Council adopt a drainage design standard in accordance with the Australian Rainfall and Runoff (AR&R) and AUS-SPEC#1 Design Specifications September 2002 for future urban developments as follows:

 

                          100 years for the ‘major’ system in all developments

                          20 or 50 years for intensely developed business, commercial and

                             industrial areas

                          10 years for other businesses, commercial and industrial areas and

                             intensely developed residential areas

                          5 years for other residential areas and open spaces

                          In addition, where a development is designed in such a way that the

                             major system flows involve surcharge across private property, then

                             the underground system (both pipes and inlets) shall be designed to

                             permit flows into and contain flows having an ARI of 100 years from

                             the upstream catchment which would otherwise flow across the

                             property.

 

6        That Council instigate a detailed stormwater management plan for the Valla Beach, Nambucca Heads, Macksville, Bowraville and Scotts Head as funding and resources become available which explore options and opportunities for funding towards flood conveyance improvements.

 

 


 

ITEM 11.3         SF788            171111      Waste and Sustainability Improvement Payment Program (Item 11.3 in the General Purpose Committee)

3244/11 RESOLVED:       (Court/Ainsworth)

 

That Council endorse the proposed projects as options for the allocation of future Waste and Sustainability Improvement Payments with the exception that the Sustainability Officer not be considered at this time.

 

 

 

ITEM 11.4         SF1092          171111      Draft Plan of Management for Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate (Item 11.4 in the General Purpose Committee)

3245/11 RESOLVED:       (Court/Ainsworth)

 

1        That Council endorse the draft Plan of Management for Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate and place the document on public exhibition for a period of 28 days seeking public comment.

 

2        That Council receive a further report on the draft Plan of Management for Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate at the completion of the public exhibition period.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.10 pm. 

 

Confirmed and signed by the Mayor on 1 December 2011.

 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)