NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

01 March 2012

 

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 - 01 March 2012

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES — Ordinary Council Meeting - 16 February 2012

5        NOTICES OF MOTION  

6        PUBLIC FORUM

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     Grant Application Status Report - 2 February 2012

9.3     Trial of Changes to Council's Meeting Arrangements

10      Director Environment and Planning Report

10.1   Outstanding DA's greater than 12 months, applications where submissions received not determined to 17 February 2012

10.2   DA's and CDC's Received and Determined under Delegated Authority to 17 February 2012

10.3   Amendments to the Protection of the Environment Operations (General) Regulation 2009 and What it Means for Council

10.4   Findings of the Odour Testing Free-Range Piggery, Tewinga

10.5   Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

10.6   Expression of interest for project funding under the our living coast alliance for the low income energy efficiency program

11      Director Engineering Services Report

11.1   Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2012     

 

 


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                                                                                                     1 March 2012

General Manager

ITEM 9.1      SF959              010312         Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

 

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.

 

RO/IT

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.

Initial testing has been done of virtual server in library.  Power points and wireless connection being provided in Senior Citizens Centre for a full test of disaster recovery.

 


JANUARY 2010

2

SF839

21/01/10

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

 

GM

On-going.

 

 

 

 

MARCH 2010

 

3

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.

 

Staffing and end of month deadlines means this requirement will always be difficult to meet.

 

 


 

JULY 2010

4

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.

 

Pre-School advised to proceed with preparation of easements for bush fire hazard reduction.

 

5

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.

Costing being prepared on a pressurised system so facts and figures will be discussed.

 

Further deferred.

 

DECEMBER 2010

6

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.

MARCH 2011

7

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.

 

RTA has now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion.  At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.

 


 

MAY 2011

8

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

In progress – report to October Council meeting.  Agenda for Oct GPC too large. 

Deferred to November.

Deferred to December 2011.

Deferred to January 2012.

Further deferral due to workload.

 

JUNE 2011

9

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.

 

No response as at 6 December 2011.

 

Further letter sent 10 January 2012.

JULY 2011

10

SF1031

21/7/2011

That the policies be organised and made functional under each Directorate and the regular review and updating of the policies be the responsibility of each Director.

 

GM

DEP

DES

Policies have been classified.  GM & Directors to review and update at least 25% of their policies annually.

11

SF1031

21/7/2011

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

DEP

Policy under revision and to be reported to future General Purpose Committee Meeting.

SEPTEMBER 2011

12

SF21

1/09/2011

Council investigate an effluent management system for the Saleyards

 

GM

Preferred design to be determined by 30/6/2012.

13

SF21

1/09/2011

Council investigate funding an effluent management system at the Saleyards through its environmental levy.

 

GM

To be the subject of a further report.  Cannot be funded before 2012/2013.

14

SF1496

1/09/2011

That more information on the pilot program for the aquatic system monitoring be provided to a future GPC meeting.  (River Health Program)

 

DEP

Information being sought for presentation to February GPC meeting.

 

Deferred to March 2012 GPC.

OCTOBER 2011

15

SF1595

6/10/2011

 

Councillors to be provided with major documents at least 3 weeks before the nominated GPC when they are to be first considered.

 

GM

In place for a six month trial.

16

SF15

6/10/2011

 

An inspection of the Saleyards be arranged at the first available GPC meeting

 

GM

November GPC.  Deferred to December GPC.  GM to discuss with Property Officer.

Inspection to be scheduled to coincide with Work Cover availability.

 

17

SF15

6/10/2011

 

Future of the Saleyards

GM

February 2012 GPC.  Report on offer to acquire Saleyards from Nambucca River District Agricultural Association Ltd to be reported to Council’s March GPC.

 

18

SF1595

20/10/2011

Council review its Tree Maintenance and Removal Application Policy asap, to provide greater clarity with regard to application assessments

 

DES

January GPC

 

Draft policy to be provided to Councillors at the end of January for comment and report to March GPC.

 

Further work being undertaken on the policy emanating from the resolutions of Council’s meeting 2/2/12.  Draft policy will now be provided to Councillors for comment at end of February.

 

19

SF959

20/10/2011

Council write to Minister re lack of response concerning future management of Boultons Crossing (Gumma) Reserve with a cc to the Local Member.

 

GM

Letter sent 26/10/11.  Follow up letter sent on 21/2/2012.

 

20

SF29

20/10/2011

The Library Working Group meet with the Manager Community & Cultural Services asap to arrange discussions with the State Library, meetings with Kempsey, Port Macquarie-Hastings and Coffs Harbour councils so that a recommendation can be made to Council in February 2012 on the future of the library service.

 

DEP

Reporting on establishing a stand alone library service now the priority.  Arrangements with other Councils to be the subject of on-going investigation.

 

Establishment of a stand alone library now taken priority over arrangements with other Councils.

 

Order has been placed for Spydus software.

 

 

 

21

SF688

20/10/2011

Council consider and prioritise the unfunded items in the Environmental Levy in a future report to Council.

 

DEP

Report to follow IPR Exhibition.

 

22

 

 

SF15

3/11/2011

WorkCover Authority of NSW be invited to review the Macksville Saleyards and Saleyard Risk Assessment to provide advice on what is reasonably practicable to satisfy Council’s obligations under the Work Health and Safey Act 2011.

 

Also Council seek an opinion from the Office of Environment & Heritage on the work required to address environmental issues.

 

Councillors be advised of the time/date of an audit by both Departments so that they may be available to hear first hand of any problems.

 

GM

Letters sent 9 November 2011.  Response received from Office of Environment & Heritage – circulated to Councillors.

 

Follow up letter sent to WorkCover Authority on 3 February 2012.  Local office telephoned and promised it would be attended to.

23

 

SF938

3/11/2011

Council receive from the Property Officer a draft policy on future licensing for water reservoir space

 

GM

Report in December 2011.  Deferred due to resignation of Property Officer.

24

SF1595

17/11/2011

DES consider the unsealed section of South Arm Road or McHughs Creek Road as a site for expenditure of the $25,000 allocated for unsealed pavement management testing.

 

DES

To be considered in 2012.

25

SF1460

17/11/2011

Structure of the Farmland (rate) Category be changed to incorporate the statutory minimum with ad valorem maintaining yield.  Council undertake a review of the farmland criteria to better reflect high intensity pursuits.

 

GM

Farmland criteria to be revised prior to the issuing of the 2012/13 rates.  Given recent resignation of Rates Officer this may not be possible for reasons of workload.

 

 

26

SF826

17/11/2011

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

 

DES

Report to March 2012 GPC.

DECEMBER 2011

7

SF1496

1/12/2011

Council write to Roads and Maritime Services to follow up on their promise in regard to installing 1 in 100 flood markers at Kings Point and Nursery Road (with and without the highway crossing).

 

DEP

Letter sent 6/12/2011

 

Response received (see Trim 1332/2012 document)

28

SF1496

1/12/2011

Council receive a report on consistent terminology for reporting forecast flood frequency, for example 1 in 100 ARI floods.

 

DEP

To January Council meeting.

Deferred to February Council meeting.

Further deferred to March.

 

29

SF84

1/12/2011

Council write to the Minister for Police and Emergency Services requesting a detailed itemised budget for the line item “other support” and the line item “insurances”.  Also that an explanation be provided as to why the RFS budgets are not provided to Council by no later than 28 February each year in accordance with the Service Level Agreement

.

DES

Letters Sent 6 December 2011

 

Response received from the Premier (provided to Councilors week ending 13 Jan 2012) advising the Premier has referred the matter to the Minister   

 

 

 

30

LF2499

15/12/2011

Council work towards the establishment of an evacuation plan for the White Albatross Caravan Park.

 

DES

Agenda item at the February Local Emergency Management Committee (LEMC) for consideration by emergency services. 

31

LF2499

15/12/2011

Council make a submission to the review of the LG Manufactured Home Estate Caravan Park and Camping Regs requesting a requirement for the provision of a detailed emergency evacuation plan for all occupants.

 

DEP

Letter sent 8/2/12

32

SF674

15/12/2011

That Council investigate the possibility of acquiring additional land from NSW Forests to expand Council’s current waste management depot.

 

DES

Letter sent to NSW Forests 6 February 2012

 

 

 

33

SF844

15/12/2011

That Council forward a request to the Minister that the Country Towns Program subsidy be on the total costs of BORS.

 

Mayor

Letter sent 6 January 2012.  Follow up letter sent 22 February 2012.


 

JANUARY 2012

34

SF1714

19/01/2012

That an on-site inspection at the Nambucca Beach holiday park be conducted by Councillors at a GPC to resolve DA2011/142 and the proposal be pegged out for that site inspection.

 

DEP

Will be scheduled once application is ready for determination.

35

SF1714

19/01/2012

Council write to the relevant Minister re caravan park regs expressing frustration with the reg. that allows siting of a home seven days before notification to Council.

 

DEP

Letter sent 8/2/12

36

SF566

19/01/2012

Council make representations to the Dept of Planning & Infrastructure to endorse & include Nambucca Heads (northern interchange) or the Macksville (southern interchange) as a permissible location for a Highway Service Centre in the Mid North Coast Regional Strategy.

Letter to 3 Chambers of Commerce as well.

 

DEP

Letter sent 8/2/12

 

37

SF1541

19/01/2012

Re split zone minimum lot size amendments – that Council receive the draft amendment prior to determining whether to proceed

 

DEP

To be reported in March 2012

38

SF85

19/01/2012

Council write to the Minister for Police & Emergency Services and Deputy Premier seeking clarification on the GRN component of the RFS budget.

 

DES

Letter sent 25 January to the Minister for Police & Emergency Services and Deputy Premier

 

39

SF84

19/01/2012

Council write to the Premier requesting a complete audit of the RFS focussing on financial accountability and efficiency of service delivery.

 

DES

Letter sent 25 January to the Premier seeking an audit of the RFS

 

Response received from the Dept Local Government regarding Council’s December resolution (provided to Councillors 20 Jan 2012)

 

40

SF742

19/01/2012

Council prepare a draft brochure to demonstrate land slip risk and tips for minimising risk.

 

GM

Aim to have completed by June 2012.

FEBRUARY 2012

41

GB2/12

02/02/2012

Appropriate sized nesting boxes be place in trees in close proximity to the Cabbage Gum site (Link Road)

DES

20 nesting boxes organised and will be installed once they have been received; two advanced trees ordered and will be planted.

 

42

GB6/12

02/02/2012

Council receive a report detailing what would be involved and the resources required in staffing and finances for Council to develop a tree inventory.

 

DES

Report being prepared for March GPC meeting.

43

SF21

02/02/2012

A report goes to Council on the composition of the Saleyards Advisory Committee and the provision of delegated powers under S355 of the LG Act.

 

GM

To be reported to the March GPC along with the offer from the Nambucca River District Agricultural Association Ltd.

44

SF1653

16/02/2012

Council receive a report on an organisation structure that would give effect to having 2 Directors as well as 3 Directors down to management level.  Further, the proposal for the 3rd Director include an additional budget allocation.

 

GM

Special meeting arranged for 22 March 2012.

45

SF741

16/02/2012

That a further report be prepared (on the Paveline) for the year July 2011 to June 2012 for comparison with the same period in the previous year.

 

DES

August 2012

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     1 March 2012

General Manager

ITEM 9.2      SF1120            010312         Grant Application Status Report - 2 February 2012

 

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 20 February 2012 be received.

 

Successful grant applications (not yet acquitted):

Grant and date of approval

Funding Amount

Amount -Council

Description

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) $11,938

 

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

 

Department of Sustainability, Environment, Water etc

 

$1 million

None required

Detailed design for off river water storage

Department of Families, Housing, Community Services and Indigenous Affairs support for Nambucca Valley Sports Facilitation Program

$12,000

None required

Ritchie Donovan position and contribution toward oval maintenance equipment

Indigenous Sport and Recreation Program

August 2011

$46,300 (full request of $168,000 not awarded)

None required

Nambucca Valley Sports Facilitation Program (Ritchie Donovan)

Department of Families, Housing, Community Services and Indigenous Affairs Volunteers Grants

October 2011

$4,171

$1,729

$4,650

$1,999

None required

Mary Boulton gardening/collection supplies.

Talarm Hall – sound system, data projector

Valla Beach – trailer, sound system

Argents Hill Hall – refrigerator

 

NSW Floodplain Management Program

October 2011

 

$60,000

None required

Implementation (continued) of the Nambucca River Flood Study

Northern Rivers Catchment Management Authority

November 2011

$37,000

None required

Weed control from Swimming Creak to Deep Creek. Installation of geo-textile for dune stabilisation, working with Nambucca Dunecare Group.

Transport for NSW

Better Boating Program

Closed 29 July 2011

$47,734

$47,734

(S.94 funds)

Scotts Head Boat Ramp – all-season facility

Department of Health and Ageing

Closed 19 August 2011

$566,430

None required

Healthy Communities Initiative Phase 3

“Live Healthy Nambucca”

 

Additions since last report:

 

Grant and Date of Notice

Amount

Amount - Council

Description

None.

 

 

 

 

 

 

 

Total year to date

$1,982,839

 

 

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.

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 E J Biffin 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

Environmental Trust Restoration and Rehabilitation Grant

Closed 2 September 2011

$95,600

Some in-kind

Construction of access way from southern part of Wellington Headland to avoid landslip area; weed management of steep slopes and native plant regeneration on site

 

NSW Community Building Partnership Program

Closed 31 October 2011

$48,685

$48,685

(S.94 funds)

Macksville Showground internal road.

Community Arts Support Program

$1,000

NA

Unkya CoM to contribute some funds

Creation of mosaic artwork “The Harmony Tree” for Unkya Reserve

Foundation for Rural and Regional Renewal

Closes 24 February 2012

$5,000

NA

Valla Beach Comm Assc to contribute

Storage shed for storing VBCA equipment.

Foundation for Rural and Regional Renewal

Closes 24 February 2012

$4,000

NA

Valla Hall CoM to contribute

Purchase of plastic veranda curtains to create all-weather area at Valla Hall.

Office of Environment and Heritage NSW

Closed 28 February 2012

$40,000

$40,000*

 

Nambucca Shire Beaches Access way Improvement Program (unsuccessful in previous round, so resubmitted in new round)

 

*        The Draft Environmental Levy Fund, which Council considered in October 2011, identifies $40,000 for the implementation of actions from the Nambucca Coastal Zone Management Plan.

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     1 March 2012

General Manager's Report

ITEM 9.3      SF1653            010312         Trial of Changes to Council's Meeting Arrangements

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council trial for three (3) months having one Council meeting on the last Thursday of each month – an evening meeting commencing at 5.30pm - and a full day meeting commencing at 8.30am on the Wednesday two weeks and one day before, with the meeting schedule for the trial to be as follows:

 

          Wednesday 11 April       Thursday     26 April

          Wednesday 16 May        Thursday     31 May

          Wednesday 13 June       Thursday     28 June

 

 

OPTIONS:

 

Council can choose how often it meets and when it meets.

 

DISCUSSION:

 

At Council’s meeting on 16 February it was resolved that;

 

“Council trial for three (3) months having one Council meeting on the second Wednesday of each month – a full day meeting commencing at 9.00am - and one Council meeting on the fourth Thursday of each month – an evening meeting commencing at 5.30pm.

 

It is proposed that the trial commence in April to allow for the normal forward advertising of Council meetings and meetings which have already been scheduled.

 

Reviewing the calendar for the next three months indicates there are five Thursdays in May.  In order to capture the last Thursday of the month to maximise the available time for statutory reporting, the recommendation should have referred to the meeting dates as:

 

“Council trial for three (3) months having one Council meeting on the last Thursday of each month – an evening meeting commencing at 5.30pm - and a full day meeting commencing at 9.00am on the Wednesday two weeks and one day before.”

 

Based on this suggestion the meeting schedule would be:

 

Wednesday  11 April

Thursday      26 April

Wednesday  16 May

Thursday      31 May

Wednesday  13 June

Thursday      28 June

 

It is queried whether the commencement time for the Wednesday meeting should be 8.30am instead of 9.00am as some Councillors have indicated they may not always be available through the afternoon.  The additional half an hour in the morning would assist in achieving a lunch time conclusion.  For this reason it is recommended that this meeting commence at 8.30am.

 

CONSULTATION:

 

The arrangements have been discussed at a Manex meeting.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There will be a risk to conducting business if some Councillors are not available on the Wednesday afternoon.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The revised meeting arrangements will reduce the costs in relation to preparing business papers, travel allowances, meeting expenses and staff overtime.

 

Source of fund and any variance to working funds

 

There is no impact on working funds for the period of the trial.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.1    SF1709            010312         Outstanding DA's greater than 12 months, applications where submissions received not determined to 17 February 2012

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

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

 

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.

 

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

COMMENTS ON APPLICATION

2010/221

03/09/2010

Additions to existing pre-school

Part Lot 8 DP 821952, Valla Beach Road, Valla Beach

This application was placed on hold pending further discussions regarding a Bushfire Hazard easement over the adjoining land. Whilst the applicants were requested to withdraw the application, they requested that the matter remain live as external funding is tied to this proposal and progress has been made with the adjoining landowners regarding the easement with a finalisation considered imminent.

Council has resolved outstanding matters in relation to the easement.

Application being assessed

 

2011/165

4/10/11

Rural Dwelling-House

Lot 2 DP 1130291, Taylors Arm Road, Upper Taylors Arm

§ Concerns with the position of the road

Requires a modification as outside approved dwelling envelope; Additional information required re OSSM, Bushfire Assessment, Buffer Assessment & ROW

Some information received from applicant but awaiting further Bushfire Assessment - Received

Referred information to RFS

 

 


TABLE 2: DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2006/142/04

18/10/2011

14 Lot Residential Subdivision

Lot 142, DP 809036, 2 Grandview Drive, North Macksville

 

§ Possible effluent disposal area positioning;

§ Dirt road issue of pollution;

§ previous condition not taken into account in modification application

Currently being assessed by staff.

Comments from Government agencies received; Amended plans received

Sewer arrangements agreed upon assessment being finalised – final plans received

Draft Consent prepared

 

2011/142

25/08/2011

Consolidation of 3 existing short term sites to create 1 long term site within the existing Nambucca Beach Holiday Park

Lot 162 DP 755560, 26 Swimming Creek Road, Nambucca Heads

§ DA was not publicly advertised

§ The proposed site adjoins a public reserve for public recreation and setback variances are greater than 80%

§ nine (9) trees will need to be removed to facilitate the DA, including 3 melaleuca trees that provide homes for nesting tawny frogmouth owls;

§ Why is Nambucca Shire Council also providing greater variances than 10% to accommodate the park owner's structures

§ Dwelling and associated structures will not fit on proposed site;

§ Service issues & non-compliance with Regulations;

§ Fire risk and issues as to placement of hose reels;

§ Submitted plan is not accurate;

§ Proposed building 3 times larger than buildings already in the park;

Currently being assessed

Rec'd letter from RFS on 3/01/2012 requesting further information is required to enable them to assess the application.

Matter to be presented to GPC meeting for final determination once assessment completed

 

2011/175

01/11/2011

Renovations and Additions

Lot 30 DP 547182, 5 Leonard Street, Nambucca Heads

§ Prevention of sunlight

§ Impair views

§ Glare from roofline into living area

§ Roofing extends to make a feeling of “enclosure” & heat generation

Being assessed

 


 

2011/182

2011/183

2011/184

14/11/11

Alterations & Additions to unit

Lots 2, 3, 4 SP 36372, 2/3/4 40 Waratah Street, Scotts Head

§ Potential overshadowing in the winter months;

§ Design is poor, and will undervalue the potential of this prime site;

§ Height of proposed buildings 8.5m;

§ The proposed pitched roof line with hinder views and be detrimental to the amenity of Scotts Head;

§ Overlooking  and noise from the proposed balconies;

§ Plans appear to be more in line of a new construction and do not resemble alterations;

§ Does not fit with the future character of the locality;

§ Development will reduce amount of sea breeze hence affecting cross-ventilation;

§ Encroachment on privacy;

Referred to engineers and H&B. Applicant has been advised of additional information required. Clock stopped.

Substantial additional information required

Works impact on community common space (Body Corporate).

Assessing application - to be determined by end of February

 

2011/195

20/12/11

Continued use of shed

Lot 10 DP 841964, 47 Rogers Drive, Valla Beach

§ Negative aesthetics with glare

§ Covenant has brick and tile construction

§ Roof water run-off concerns

Shed is already erected.
Awaiting information on encroachment on sewer line, stormwater control, reduction in glare and bushfire assessment report

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.2    SF1709            010312         DA's and CDC's Received and Determined under Delegated Authority to 17 February 2012

 

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 17 FEBRUARY 2012

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/013

08/02/2012

Robert Fox

Change of Use from Office to Dwelling, Additions, Alterations and Subdivision

Lot 4 DP 841964, 19 Rogers Drive, Valla Beach

200,000

2012/014

08/02/2012

Coronation Park Trust/Nambucca Shire Council

Kiosk

Lot 4 DP 1157698, Short Street, Nambucca Heads

10,000

2012/015

08/02/2012

Denis Atkinson Planning Pty Ltd/
L & A Rose

Consolidation of land and boundary adjustment

Lot 4 DP 1068358, Lots 18, 162, 163, 164, 234, 243, 259, 303, 306 DP 755549, 1352 Bellingen Road, Spicketts Creek

-

2012/016

08/02/2012

Alan Rudge Architect/J & S Partridge

House Extensions & Gazebo

Lot 1 DP 857720, 88 Florence Wilmont Drive, Nambucca Heads

150,000

2012/017

10/02/2012

Arthur McCann

Patio Cover

Lot 101 DP 1130085, 100 Peppertree Grove, Talarm

9,000

2012/018

10/02/2012

Amos & McDonald Surveyors/
Ken Wilson

2 Lot Resident ial Subdivision

Lot 2 DP 1119448, 33 Wirrimbi Road, Wirrimbi

-

2012/019

13/02/2012

Lloyd Beresford-Manning

Continued Use of Carport

Lot 14 Section B DP 11590, 29 East Street , Macksville

20,000

2012/020

15/02/2012

Yvette Miles/E J Cilia

Change of Use from Class 10 to Class 1 (Studio)

Lot 1 DP 881990, 8 Melaleuca Place, Way Way

-

2012/021

15/02/2012

Stephanie Chan

Dwelling - House

Lot 113 DP 710507, 21 Grevillea Close, Nambucca Heads

200,000


 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/022

17/02/2012

Brinfields Pty Ltd

Rebuild Boundary Fence

Lot  3 Section 2 DP 2037, 14 Princess Street, Macksville

$40,000

 

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED 17 FEBRUARY 2012 —

NONE were received

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 17 FEBRUARY 2012

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2012/003

Lot 5 DP 1076959, 85 Smiths Lane, Congarinni North

Shed

11,580

2011/176

Lot 104 DP 1117507, Pickett Hill Drive, Valla

Dwelling-House

300,000

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.3    SF434              010312         Amendments to the Protection of the Environment Operations (General) Regulation 2009 and What it Means for Council

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

The Protection of the Environment Operations Underground Petroleum Storage Systems (UPSS) Regulation 2008, currently prescribes that the EPA's role as the appropriate regulatory authority for the regulation will cease on 1 July 2012, at which time local government will assume responsibility for the regulation of local UPSS. However, there is a proposed amendment to the regulation which would delay this handover until 1 June 2017.

 

 

Recommendation:

 

That the report be noted.

 

 

OPTIONS:

 

No other options, report is for information only

 

 

DISCUSSION:

 

Leaking fuel from old, rusting underground tanks can cause significant contamination of stock and potable water supplies, damage to neighbouring properties and very substantial clean up costs for the owner and the community if ongoing leaks remain undetected.

 

Leaking fuel is the most common cause of significantly contaminated land in NSW. In 2007 the EPA introduced the Protection of the Environment Operations Underground Petroleum Storage Systems Regulation 2008 (UPSS Regulation) to reduce the risk to the community from leaking underground tanks by phasing in, a series of good contemporary industrial practices aimed at early identification of leaking tanks and good management practices for their ongoing maintenance.

 

The regulation prescribes that a handover from the EPA to local government as the appropriate regulatory authority (ARA) is to be on 1 June 2012.

 

The EPA has proposed a new hand over date of 1 June 2017 due to comments received from stakeholders, these include:

 

·          To ensure that the UPSS Regulation and any exemptions from its requirements are implemented consistently across NSW

·          To assist industry by providing a single authority to consult as it continues to implement the preventative management measures of the UPSS Regulation

·          To assist councils to progressively build capacity to regulate sites with underground petroleum storage systems

·          To ensure that industry is provided sufficient time to fulfil the objectives of the Regulation, and

·          To resolve pre-existing contamination at UPSS sites.

 

By extending the handover date the EPA will fulfil the objective that any petroleum sites managed by the EPA will only become the responsibility of councils once the site issues have been appropriately resolved.

 


What will it mean for Council in 2017?

 

By 2017 all UPSS in the Nambucca Shire LGA will be handed over to Council to regulate. This will mean that more work will be made for the Environmental Compliance Officers position in the form of onsite inspections/audits of testing reports.

 

This will also bring in some income in the form of Council's licensed premises annual inspections/audits.

 

It is noted that the EPA is slowly handing over industries, such as saw mills that need to be annually audited, as these no longer fall under the EPA's licensing guidelines.

 

Council has a concise, but not complete, list of all UPSS in the LGA. Under the current legislation several UPSS have been decommissioned in the LGA and all working UPSS have been upgraded to fulfil the legislation. Upgrades have included removing the old steel tanks and replacing with new carbon fibre tanks, monitoring wells in and around the tanks for monitoring soil contamination and strict reporting for the monitoring wells.

 

 

CONSULTATION:

 

OEH (EPA)

DEP

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This new legislation has provided a state wide clean up of the No 1 land contaminate. The long term monitoring will help reduce pollution from leaking tanks.

 

Social

Knowing that UPSS are being monitored continuously will give peace of mind to those living around service stations (old & new) that their land will not be contaminated.

 

Economic

The high cost of land contamination clean up will be reduced now that monitoring is compulsory.

 

Risk

There is a lower risk of underground petroleum contamination occurring.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Will become part of Council's annual auditing of polluting industries.

 

Source of fund and any variance to working funds

Nil

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.4    SF1541            010312         Findings of the Odour Testing Free-Range Piggery, Tewinga

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

After many complaints from residents living in close proximity to rural land that is being used for free range pig farming about offensive odour, Council contracted consultants E-Nose Pty Ltd to conduct long term odour monitoring of the receptor premises. The final report was received 20 December 2011. The main findings are:

 

·          There is non pig odour that is also affecting residents of Tewinga, (noted that all adjoining land is rural and graze different animals, eg: cattle, goats, horses and pigs).

·          Several extreme odour events that occurred during the testing period were not pig related.

·          Pig odour does reach the neighbouring residents.

·          The pig odour detected is characteristic of an intensive piggery.

·          There is pig related odour occurring even after the pigs are removed from the property, this maybe related to the impregnation of the ground from their dung.

·          The pig odour is carried past the boundaries of 266 Irvines Road.

·          The odour was the greatest when there were numerous pigs (approx 140) at the property.

 

 

Recommendation:

 

1          That Council note the final report and its recommendations.

 

2          That Council when next reviewing Nambucca Development Control Plan consider greater buffer zones along the RU1 and R5 interfaces for future development applications.

 

3          That Council write to owners of 266 Irvines Road and attach a copy of the odour management recommendations from the E-Nose Report for their consideration and implementation.

 

 

OPTIONS:

 

There are limited options for Council other than the above recommendations.

 

 

DISCUSSION:

 

Odour testing was done between February and April 2011 and again in September to November 2011, using electronic noses. Measurements were done on known odours (odour fingerprints), such as intensive piggeries, ambient farm land, and cattle grazing. The long term monitoring was matched to these known fingerprints to decipher what types of smells could be identified; what types of smells were constant and what smells were intense. Odour diaries were maintained and filled out by residents and these were cross referenced with the electronic data. This is to test whether what the E-Nose was detecting corresponded in time with the human experience.

 

The report found that there were many fluctuations in air quality during the night and day and that there were from time to time, odour events that greatly exceeded the ambient intensity levels. These 'spikes' showed that they were not related to pig odour. The ambient long term odour produced identical fingerprints to piggery odour.

 

During the second testing phase (Sept–Nov) the pigs were taken off the property 5 days after testing began. The ambient odour on days 1-3 matched the fingerprint of an intensive piggery. There were several periods of time after the pigs had been removed that the odour continued to match those of an intensive piggery, such as back in the first stage of testing Feb-April, when there were pigs on-site. This implies that the ground where the pigs have been grazing is impregnated with their dung and the odour will continue until broken down into the soil.

 

The study has shown that free range pigs in numbers as low (less than 200) as those at 266 Irvines Road, is not ideal in areas adjacent to zoned R5 (Large Lot Residential) land, as this property clearly produced nuisance odours beyond the boundaries of the pig operation. NB, this type of land use is permitted in RU1 (primary production) zoned land.

 

Proximity of residential properties R5 to RU1 land suggests that a larger buffer zone needs to be incorporated to ensure amenity to the residents is better managed or mitigated.

 

The consultant also added odour management recommendations for 266 Irvines Road, these include:

 

·          Covering feeding areas and filtering the air from them

·          Remediating areas onsite where pigs have fouled the soil using rotational exclusion of animals in these areas

·          Growing plants over soiled area to speed the breakdown of faecal material

·          Growing densely foliated windbreaks across wind lines

·          Minimising pig numbers

 

 

CONSULTATION:

 

DEP

E-Nose Pty Ltd

Affected Residents

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Odour may be perceived differently by different people. The odour assessment of 266 Irvines Road has produced some results. Further consideration needs to be given to wider buffers in Rural areas so that these forms of land use conflicts may be avoided to ensure sustainability with primary production and residential growth.

 

Social

 

Offensive odour is a pollutant under POEO Act 1997, the social affect on residents can include sickness, mental anguish and neighbourhood disputes.

 

Economic

 

For economic growth of an area there has to be RU1 zoned land and residential areas, the two cannot be side by side unless there is an extensive buffer zone.

 

Risk

 

There is a high risk of litigation from residents living close to odorous properties. Land use must be taken into account when approving sub divisions in or adjacent to primary production areas.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs of the monitoring came from the Environmental Levy as approved by Council.

 

Source of fund and any variance to working funds

 

Environmental Levy, no variation required

 

Attachments:

1View

 - CIRCULARISED DOCUMENT - E-Nose Report on Smell Testing - Tewinga Pig Issues (Councillors Only)

 

  


Ordinary Council Meeting - 1 March 2012

Findings of the Odour Testing Free-Range Piggery, Tewinga

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Findings of the Odour Testing Free-Range Piggery, Tewinga

 

 

 

CIRCULARISED DOCUMENT - E-Nose Report on Smell Testing - Tewinga Pig Issues (Councillors Only)

 

  Pages

 


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.5    SF1709            010312         Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

 

AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to advise Council of the result of the Exhibition LEP Amendment No. 5 which proposes to rezone Council land at Part Lot 1 DP 884337 Railway Road Nambucca Heads from IN2 General Industrial to B7 Business Park and amend the building height to 10m.

 

No submissions were received during the exhibition period and the government agency comments are provided in the body of this report.

 

Based on the results of the exhibition and consultation it is recommended that the planning proposal be forwarded to the minister for the plan to be made.

 

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

 

 

Recommendation:

 

1        That pursuant to clause 59 of the Environmental Planning and Assessment Act 1979 the Planning Proposal, associated documents and submissions be forwarded to Department of Planning and Infrastructure requesting that they seek the making of the Plan by the Minister.

 

2        That those persons/agencies who made submissions be advised of Council's decision.

 

 

OPTIONS:

 

1          That Council not proceed with the amendment.

 

2          That Council amend the planning proposal.

 

 

DISCUSSION:

 

Pre Development Application History

 

The site was transferred to Council from the NSW State Forests and the Crown through a compulsory acquisition process upon Gazetted Notice on 31 October 2009. The land is owned by Council and classified as operational.

 

The purpose of the acquisition was to enable Council to develop and sell the land for future industrial development. This is in keeping with the previous and current industrial zoning of the subject land. The land is classified as 'Operational Land' within the meaning of the Local Government Act 1993. In accordance with a previous Council resolution, the net proceeds from the sale of the land are to be returned to the Land Development Reserve.

 

Prior to submission of the development application Council engaged a suitably qualified ecological consultant to undertake a flora and fauna assessment of the site, including a Seven Part Test under Part 5A of the Environmental Planning & Assessment Act 1979 (EP&A Act). The report concluded that the proposal to clear the site and develop the land for industrial purposes was unlikely to have a significant impact on threatened species, Endangered Ecological Communities (EEC) or their habitats. Having regard to this advice Council adopted the recommendation from the Land Development Committee to undertake tree clearing of the subject site.

 

Development Application

 

An application was then lodged with Council to subdivide the site into seven (7) industrial lots. This proposal included the provision of a sediment basin and stormwater energy dissipater on the northern adjoining land owned by Forests NSW.

 

Given complications with the acquisition of the adjoining land for stormwater retention the application was amended to subdivide the subject land into four (4) lots having areas of 4147m2, 4377m2, 4282m2 and 11802m2. The first three (3) lots are intended to be sold for future industrial development. Proposed Lot 14 is intended to be retained in Council's ownership in the immediate future until stormwater retention and treatment have been provided for on the land.

 

Through discussions with Councils planning staff and resolution of Councils land development committee it was agreed that the land at the eastern edge of the subdivision (proposed Lot 14) may be more suited to light industry and larger commercial/retail activities, reducing potential land use conflict issues that may be encountered due to the near bye residential/ commercial precincts and minimising the visual impact general industry may have on the gateway into Nambucca Heads. For this reason it was proposed to rezone this land to B7 Business Park from IN1 General Industrial. This zone may also provide for a range of uses more suitable to the size of the land available after stormwater treatment facilities are provided on site.

 

The development application was notified and advertised from the 9 December 2010 to 6 of January 2011. No submissions were received during this period.

 

The General Manager did not have delegated authority to deal with this application as the land is owned by Council. Therefore the application was referred to Council on the 19 May 2011 and was determined by a conditional consent. At this meeting Council also resolved the following:

 

            “That Council resolve to prepare a planning proposal to rezone proposed Lot 14 from IN1 General Industrial to B7 Business Park.”

 

A B7 zone allows a range of uses including; bulky goods premises, industrial retail outlets, light industries, transport facilities, wholesale supplies, etc. It is considered that these types of land uses may be more compatible with the surrounding industrial zoned land, the nearby residential and commercial zoned land as well as the size of the land after stormwater treatment is provided.

 

Proposed Lot 14 also has the benefit of being a corner allotment on the gateway to Nambucca Heads which has good visual exposure. Given its prominent location it is more appropriate for a less intrusive business or light industrial use in comparison to general industry. 

 

Planning Proposal

 

In accordance with Councils resolution above a Planning Proposal was lodged with the Department of Planning and a Gateway Determination was made to support the proposal. A copy of the Gateway Determination is included as Appendix 1. The gateway determination recommended Council consider applying other development controls to restrict the bulk of development that could occur in the area.

 

In support of this on the 6 October 2011 Council resolved to limit the development on proposed Lot 14 to 10m in height.  Specifically Council resolved the following:

 

That Council note the Gateway Determination from the Department of Planning for LEP amendment no. 5 for Council owned land in Railway Road, Nambucca Heads, and that Council proceed to exhibit the Planning Proposal as B7 Business Park zone with an addendum including a height restriction limiting development on the land to 10m in height.

 

Consultation

 

The planning proposal was amended to reflect the above resolution and placed on exhibition between 12 January 2012 and 27 January 2012. During this period Council received no submissions on the proposed amendment.

 

As part of the requirements of the Gateway determination Council was required to forward the planning proposal to the following agencies for comment.

 

·              Northern Rivers Catchment Management Authority;

·              NSW Rural Fire Service;

·              Department of Industry and Investment (NSW Forests);

 

Council has received the following comments from these agencies.

 

Northern Rivers CMA [attachment 1] offers general advice and a number of recommendations to be considered with the future development of the area. The comments are summarised below and followed by a planning response.

 

The living and working in rural areas handbook should be referred to

 

Planning response: Council staff are aware of the living and working in rural areas handbook and it is referred to as necessary during environmental assessment.

 

The provisions of the Native Vegetation Act 2003 should be referred to

 

Planning Response: The Native Vegetation Act 2003 does not apply to urban land.

 

Appropriate development of buffers to the adjoining native vegetation

 

Planning Response: Any future development on the land will need to ensure appropriate bushfire requirements are incorporated into future development of the land.

 

It is recommended best practice water sensitive urban design principles be applied;

 

Planning Response: Water sensitive Urban Design Principles will be taken into consideration during the preparation of any future development on the site. Stormwater will need to manage on site as discussed previously.

 

Future landscaping should include locally occurring native species

 

Planning Response: Councils DCP 2010 contains requirements for landscaping which could be applied to future development on the land. Given the sites prominent location landscaping will be an important component of future DA’s on the site. The use of Native species will be given consideration particularly on the land adjacent to the State Forest.

 

Future development should avoid exposing or draining acid sulphate soils wherever possible.

 

Planning Response: The Nambucca LEP 2010 contains provisions which address acid sulphate soils.

 

NSW Rural Fire Service [attachment 2] provides the following recommendations

 

Planning Response: The comments from the RFS generally suggest future development occurs in accordance with the planning for bushfire protection guidelines.

 

Department of Industry and Investment (NSW Forestry) [attachment 3] provides the following recommendations:

 

NSW Forestry generally considers that the rezoning is unlikely to have any additional impact or conflict with the adjoining state forest management and use.

 

 

CONSULTATION:

 

Director of Environment and Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This LEP amendment has been prepared in order to reduce the potential impact the existing land use permissibility’s may have on the adjoining areas. The planning proposal will reduce land use conflicts related to adjoining residential land and minimise the scale of development that will be located at the northern entrance to Nambucca Heads.

 

Social

 

The planning proposal will minimise impacts that could occur through conflicts with adjoining land uses, and will also reduce the scale of potential development that may occur within the northern entrance.

 

Economic

 

Future business development on the site would benefit from the prominent location located on the land. 

 

Risk

 

No risks are associated with the planning proposal. Future development will be subject to standard requirements for development assessment.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The LEP amendment will create a more suitable zoning on the land which may be more attractive for potential purchasers.

 

The proposal may have a positive impact on future budgets.

 

Source of fund and any variance to working funds

 

Nil.

 

Attachments:

1View

1621/2012 - Response - Northern Rivers Catchment Management Authority

 

2View

2842/2012 - Response - NSW Rural Fire Service

 

3View

2871/2012 - Response - NSW Forests

 

  


Ordinary Council Meeting - 1 March 2012

Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

 



Ordinary Council Meeting - 1 March 2012

Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

 



Ordinary Council Meeting - 1 March 2012

Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

 


Ordinary Council Meeting - 1 March 2012

Planning Proposal - Nambucca LEP Amendment - 5 Railway Road, Nambucca Heads

 

 


Ordinary Council Meeting                                                                                                     1 March 2012

Director Environment & Planning's Report

ITEM 10.6    SF1709            010312         Expression of interest for project funding under the our living coast alliance for the low income energy efficiency program

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

An opportunity has arisen to submit an Expression of Interest under the Our Living Coast banner and alliance (Coffs Harbour City, Bellingen and Nambucca Shire Councils) for grant funding under the Low Income Energy Efficiency Program from the Department of Climate Change and Energy Efficiency. This program is part of the governments plan for a clean energy future.

 

 

Recommendation:

 

That Council continue to be part of the Our Living Coast alliance and be a partner in the Expression of Interest submission by Coffs Harbour City Council.

 

 

OPTIONS:

 

That Council not continue to be part of the Our Living Coast alliance after the current urban sustainability project finishes.

 

 

DISCUSSION:

 

The Expression of Interest (EOI) is due 13 March 2012, and Coffs Harbour City Council is preparing and submitting the EOI.

 

The Low Income Energy Efficiency Program objectives are:

 

1          Trial and evaluate a number of different approaches in various locations that assist low income households to be energy efficient.

 

2          Capture and analyse data and information to inform future energy efficiency policy and program approaches.

 

The target group will be low income renters in the 3 alliance Shires with emphasis on the Indigenous populations. The project is for the community and will cost Council some “in kind” costs such as staff time to attend meetings and provision of information. Through the program there will be provision of employment of a Project Manager and Project Officer at the lead Council (Coffs Harbour).

 

The Nambucca Shire has the highest percentage of its population that have government pensions and allowances, the lowest personal income, the highest unemployment rate, highest Indigenous population and the most rental properties per population between the 3 alliance Councils.

 

This is a great project for our Shire to lessen the impact of the increasing household costs such as essential water and power charges, to our residents and ratepayers.

 

The project aims to help renters who cannot afford to make the changes to help them reduce their energy usage and bills. This will be done by:

 

·          auditing their appliances and electricity use

·          providing energy efficient devices, such as pedestal fans, light bulbs, energy efficient fridges and washing machines

·          giving landlords incentives to replace old hot water systems with solar hot water systems for their rental properties.

 

This first stage of an Expression of Interest does not include a complete program which will only eventuate if the EOI is accepted. At the time of this report being written no funding limit has been confirmed, although maximum funding per consortium is $10 million.

 

 

CONSULTATION:

 

Director Environment and Planning

Grants Officer

Aboriginal Community Development Officer

Bellingen Shire Council

Coffs Harbour City Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Lessening the usage of fossil fuels will help sustain this resource into the future.

 

Social

 

This project will lower power bills and enhance quality of life for the low income earners of this Shire.

 

Economic

 

The current escalation of household bills and costs will be assisted for those residents taking advantage of this program if successful.

 

Risk

 

The risk of not helping our low income earners is high as electricity bills are only going to increase.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

In kind costs for a Council Officer for attendance at meetings and provision of information.

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1

4343/2012 - Low Income Energy Efficiency Fact Sheet

 

   


Ordinary Council Meeting                                                                                                     1 March 2012

Director of Engineering Services Report

ITEM 11.1    SF90                010312         Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2012

 

AUTHOR/ENQUIRIES:     Keith Williams, Manager Technical Services         

 

Summary:

 

The minutes of the Nambucca Shire Traffic Committee meeting held on 7 February 2012 are attached for Council’s information and adoption.

 

Recommendation:

 

That Council:

 

1        Carry out the following tasks in response to an Occupational Health and Safety Audit carried out in the vicinity of St Patrick’s School, Macksville by their Insurers:

 

          a        Duplicate Advanced Warning Signs advising motorists of the impending pedestrian/school crossing on Wallace Street between the two school sites;

          b        Install a repeater sign on Boundary Street between Macksville High School and Wallace Street as a reminder to vehicles that they are within a school zone; and

2        Write to St Patrick’s school advising them of the following:

a        Traffic speeds and volumes would not warrant the installation of flashing lights at the entry to the school zone.

b        Sufficient signage is in place warning drivers of the impending school zone and shared pedestrian/school crossing.

c        The council will not consider installing speed bumps in residential areas.

 

3        Install a ‘No Parking Zone’ between the hours of 8.00 am to 9.30 am and 2.30 pm to 4.00 pm (school days) on Wallace Street Macksville outside St Patrick’s Chapel to allow additional spaces for parents to drop off and pick up school children.

 

4        Install ‘No Stopping’ signs at the corner of Wallace and Durkin Streets to reinforce the road rules and promote road safety.

 

5        Install two 50mm high trial asphalt speed humps at the front of the rear to kerb parking bays opposite the Peachtree Medical and Professional Centre Estuary Lane, Nambucca Heads, in an attempt to stop vehicles rolling forward.

 

6        Install 50mm high asphalt speed humps at the front of the twelve remaining rear to kerb parking bays if Council staff deem that the trial speed humps are considered successful.

 

7        Install ‘Bus Zone’ signs at the designated bus parking bay at Nambucca Valley Community Christian School with posted Bus Zone timing 8:00 am – 9:30 am and 2:30 pm – 4:00 pm on school days.

 

8        Install ‘No Stopping’ signs at the intersection of Short and Lee Streets Nambucca Heads to reinforce the road rules.

 

9        Approve the B-Double Route Application received from Forests NSW for a B-Double route from Link Road, Nambucca Heads to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road subject to the following:

 

a        Council being satisfied that community concerns are addressed, subject to a further report once the deadline for submissions have closed at 4.00 pm on the 2 March 2012.

b       B-Double gazettal for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

c        Haulage to be undertaken in daylight hours.

d       Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements.

e      

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

1        The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month.

 

2        The members of the Committee met on 7 February 2012 and determined a number of matters as per attached minutes.

 

 

CONSULTATION:

 

·              Mr Daniel Boorman (Roads and Maritime Services)

·              Sgt Jarrod Langan  (NSW Police)

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental issues involved in the approval process.

 

Social

There are no social issues involved in the approval process.

 

Economic

There are no economic issues involved in the approval process.

 

Risk

Decisions are based on guidelines and regulations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget contains provision for actions associated with the recommendations of the Committee.

 

Source of fund and any variance to working funds

 

No variance to works funds required.

 

 

Attachments:

1View

3058/2012 - Minutes - Nambucca Shire Traffic Committee - 7 February 2012

 

  


Ordinary Council Meeting - 1 March 2012

Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2012

 

PRESENT

 

Keith Williams                 Nambucca Shire Council

Daniel Boorman               Roads and Maritime Services

 

 

APOLOGIES

 

Sgt Jarrod Langan            NSW Police

Barry Duffus OAM            Local State Member Representative

 

 

CONFIRMATION OF MINUTES

 

94/12 RESOLVED:

That the Committee note the adoption of the Minutes of the Meeting held on the 6 December 2011.

 

 

 

Director Engineering Services Report

ITEM 4.1      SF90                  070212      St Patrick's School Road Safety Audit

95/12 RESOLVED:

 

That the Traffic Committee recommends that Council carry out the following tasks in response to an Occupational Health and Safety Audit carried out in the vicinity of St Patrick’s School, Macksville by their Insurers:

 

1        Duplicate Advanced Warning Signs advising motorists of the impending pedestrian/school crossing on Wallace Street between the two school sites;

2        Install a repeater sign on Boundary Street between Macksville High School and Wallace Street as a reminder to vehicles that they are within a school zone; and

3        Council staff write to St Patrick’s school advising them of the following:

a   Traffic speeds and volumes would not warrant the installation of flashing lights at the entry to the school zone.

b   Sufficient signage is in place warning drivers of the impending school zone and shared pedestrian/school crossing.

c   The council will not consider installing speed bumps in residential areas.

 

d   That Council install a No Parking Zone between the hours of 8.00 am to 9.30 am and 2.30 pm to 4.00 pm (school days) on Wallace Street Macksville outside St Patrick’s Chapel to allow additional spaces for parents to drop off and pick up school children.

 

e   That Council install No Stopping signs at the corner of Wallace and Durkin Street s to reinforce the road rules and promote road safety.

 

 

 

ITEM 4.2      SF95                  070212      Unsafe parking on Estuary Lane, Nambucca Heads

96/12 RESOLVED:

 

1        That the Traffic Committee recommends that Council install two 50mm high trial asphalt speed humps at the front of the rear to kerb parking bays opposite the Peachtree Medical and Professional Centre Estuary Lane, Nambucca Heads, in an attempt to stop vehicles rolling forward.

 

2        That the Traffic Committee recommends that Council install 50mm high asphalt speed humps at the front of the twelve remaining rear to kerb parking bays if Council staff deem that the trial speed humps are considered successful.

 

 

 

ITEM 4.3      SF90                  070212      Request for Bus Zone Signage outside Nambucca Valley Community Christian School Centenary Parade Nambucca Heads

97/12 RESOLVED:

 

That the Traffic Committee recommends that Council install Bus Zone signs at the designated bus parking bay at Nambucca Valley Community Christian School with posted Bus Zone timing 8:00 am – 9:30 am and 2:30 pm – 4:00 pm on school days.

 

 

 

GB36/12 - Mr Keith Williams - Parking issues - corner of Short and Lee Streets Nambucca Heads (Ref SF90)

Councillor Anne Smyth requested the Nambucca Shire Traffic Committee investigate parking issues at the corner of Short and Lee Streets Nambucca Heads.  Since the care facility has opened, cars have been parking close to the roundabout at the intersection.

 

98/12 Resolved:

 

That the Traffic Committee recommends that Council install No Stopping signs at the intersection of Short and Lee Streets Nambucca Heads to reinforce the road rules.

 

 

 

GB37/12 - Mr Keith Williams - Applications for B Double Route - Link Road to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road, Nambucca Heads (Ref SF90)

Council has received an application, attached, from Forests NSW for a B-Double route from Link Road, Nambucca Heads to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road. Council has an obligation to assess the route and advise the Applicant of the outcome within 40 working days of Council’s acknowledgement of the application.

 

The only perceived concern is insufficient sight distance to the Tallowwood/Hyland Park Road intersections for vehicles travelling from Hyland Park. The application has been advertised in the Guardian News inviting submissions with a closing time and date of 4.00 pm on the 2 March 2012.

 

99/12 Resolved:

 

That the Traffic Committee recommends that Council approve the B-Double Route Application received from Forests NSW for a B-Double route from Link Road, Nambucca Heads to Tallowwood Road via Old Coast Road, Mann Street and Hyland Park Road subject to the following:

 

a        Council being satisfied that community concerns are addressed, subject to a further report once the deadline for submissions has elapsed, being 4.00 pm on the 2 March 2012.

b       B-Double gazettal for one direction only, as requested, where trucks laden with logs proceed to the Pacific Highway.

c        Haulage to be undertaken in daylight hours.

d       Appropriate advanced warning signage is placed on Hyland Park Road advising motorists of potential truck movements.

 

 

 

GB38/12 - Mr Barry Duffus - Request for extension of 40 km speed zone Riverside Drive Nambucca Heads (Ref SF90)

Mr Duffus has requested the Nambucca Shire Traffic Committee review the possibility of extending the 40km per hour speed zone currently in place from the pedestrian refuge on Fraser Street, to commence at the beginning of Anzac Park on Riverside Drive, Nambucca Heads.

 

100/12 Resolved:        

 

That Council notes that the Traffic Committee deferred discussion on this item until the next meeting of the Traffic Committee to be held on the 3 April 2012 so that Mr Duffus can provide comment.

 

 

 

GB39/12 - Mr Barry Duffus - Request for roundabout installation - Leonard Street Nambucca Heads (Ref SF90)

Mr Duffus has requested that the Nambucca Shire Traffic Committee review the necessity for the installation of a roundabout when exiting the Bowling Club at the intersection of Leonard Street.  Four streets converge in this area, being Ellis Avenue, Beer Parade, Dickson Street and Nelson Street .

 

101/12 Resolved:        

 

That Council notes that the Traffic Committee deferred discussion on this item until the next meeting of the Traffic Committee to be held on the 3 April 2012 so that Mr Duffus can provide comment.

 

 

   

 

 

NEXT MEETING DATE

 

The next meeting will be held on 3 April 2012 commencing at 10.30 am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 12.30 pm. 

 

 

 

Keith Williams

(CHAIRPERSON)


Ordinary Council Meeting - 1 March 2012

Nambucca Shire Traffic Committee Meeting Minutes - 7 February 2012