NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

13 June 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

 

For a trial period (April to June 2012) Council meetings are held on the last Thursday of each month commencing at 5.30 pm AND the second Wednesday before the last Thursday of each month commencing at 8.30 am.  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 - 13 June 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 - 31 May 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     Request to Dispense with a Bi-election to Fill the Vacancy created by the Passing of Councillor Michael Moran OAM

9.2     Outstanding Actions and Reports

9.3     Approval of Council's Application for a Special Rate Variation by the Independent Pricing and Regulatory Tribunal

9.4     Loans Program 2011/2012

10      Director Environment and Planning Report

10.1   Using Facebook or Twitter to communicate with young people in the Valley

10.2   Minutes of the Access Committee meeting held 22 May 2012

10.3   Contract Regulatory Officer's Report May 2012

10.4   DA's and CDC's Received and Determined under Delegated Authority to 18 May 2012

10.5   Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 June 2012

10.6   River Ecohealth Project

10.7   Variation to Council's Local Approvals Policy - Keeping of Animals

10.8   Resubmitted Report - DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

10.9   DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (May 2012)

11      Director Engineering Services Report

11.1   Extension of Lifeguard Services over the Easter Holiday Period    

 

Time

Description

Where

OS/CC

Item

Page

8.30 - 8.35

Introduction of Alana Powell, Cadet Accountant

CC

GM

 

8.35 - 10.30

Business Paper

CC

 

 

10.30 - 10.45

Morning Tea

CC

 

 

11.30 - 12.00 noon

Resubmitted Report - DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

ON SITE

10.8

79

1.00

Lunch and Close

CC

 

 

 


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                                                                                                     13 June 2012

General Manager's Report

ITEM 9.1      SF350              130612         Request to Dispense with a Bi-election to Fill the Vacancy created by the Passing of Councillor Michael Moran OAM

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

The report concerns obtaining an order from the Minister for Local Government to avoid a bi-election to fill the vacancy created by the passing of Councillor Michael Moran OAM.

 

 

Recommendation:

 

That Council make an application to the Minister for Local Government for an order that the casual vacancy created by the passing of Councillor Michael Moran OAM not be filled for the reason that the scheduled Council elections on 8 September 2012 are now less than three months away.

 

 

OPTIONS:

 

There are no feasible options.  With the scheduled Council elections on 8 September 2012 being less than 3 months away there is no justification for a bi-election to fill the casual vacancy.

 

 

DISCUSSION:

 

In relation to the passing of Councillor Michael Moran OAM on 24 May 2012, the Local Government Act provides that where a casual vacancy occurs within 18 months before the next scheduled election, the Minister may, on application of the Council order that the vacancy not be filled.

 

With the next scheduled election to occur in less than three (3) months on 8 September 2012 it is recommended that Council seek an order from the Minister for Local Government that the casual vacancy not be filled.  This will save the Council the cost of a bi-election which would likely be in the order of $40,000.

 

The relevant section of the Local Government Act is as follows:

294   Dispensing with by-elections

(1)  This section applies if a casual vacancy occurs in the office of a councillor, including a mayor elected by the electors of an area, within 18 months before the date specified for the next ordinary election of the councillors for the area.

(2)  If such a casual vacancy occurs in the office of a councillor (but not the office of a mayor elected by the electors), the Minister may, on the application of the council:

(a)  order that the vacancy not be filled, or

(b)  order the holding on a stated day of a by-election to fill the vacancy and revoke any earlier order made under paragraph (a).

(3)  If such a casual vacancy occurs in the office of a mayor elected by the electors, the casual vacancy is to be filled by the Governor appointing to the vacant office a councillor nominated by the council.

(4)  If the council does not nominate a councillor for the purposes of subsection (3), the Governor may appoint one of the councillors to the vacant office.

 

 

CONSULTATION:

 

There has been consultation with the Division of Local Government.  They require a resolution from Council to seek an order from the Minister under Section 294.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

There is no social impact.

 

Economic

 

There is no economic impact.

 

Risk

 

There are no particular risks.  The Minister for Local Government can require that a bi-election be held, but given the closeness of the 8 September 2012 election, this is considered unlikely.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will only be a budgetary impact if the Minister requires a bi-election.  This is considered unlikely.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     13 June 2012

General Manager

ITEM 9.2      SF959              130612         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.

Full testing to occur at Senior Citizens Centre on Sunday 11 March. Issues with testing on 11 March 2012. Further testing to be scheduled.

 

 

JULY 2010

 

2

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. Response expected end of May 2012.

 

 

3

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.

 

 

MARCH 2011

 

4

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.

DEP advised meeting arranged with RTA.

 

Draft flood study likely to be presented to Council May/June 2012.

 

 

MAY 2011

 

5

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

 

6

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.

 

No formal response, however RMS have verbally advised that a formal response will be with Council prior to the end of May 2012

DEP to follow up with RMS.

 

JULY 2011

 

7

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

 

8

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 31 May 2012 Council meeting.

Further deferred to June 2012.

Report in business paper


 

OCTOBER 2011

9

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.

Due to natural disasters deferred to May 2012.

To be included in Tree Register Report in August – Item No 30 below.

 

10

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.

 

Librarian position advertised closing 23 April.

Interviews being scheduled for 25 May 2012.

Interviews held, offer made.

11

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.

 

Decision made to defer pending determination by IPART re special variation.

Report to July Meeting.

 

12

 

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.

 

13

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.

 

Sections identified on South Arm Rd and scheduled for June 2012 – due to inclement weather.

 

14

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.

 

Change in Rates staff meant that there has not been the opportunity to review the criteria.  To be reported in 2012/2013.

 

 

DECEMBER 2011

15

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 31 May 2012.

Further deferred to June 2012.

 

16

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  

 

 

 

17

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

No response as at 6 March 2012.

DES will forward a further letter to Forestry NSW.

Advice received from Forests that they would be prepared to enter into negotiations with Council. A feasibility study will be required to determine costs and issues and address legislative matter – it is proposed to provide a report to Council in May.

 

Report deferred to June 2012.

 

JANUARY 2012

18

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.

19

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

 

Acknowledgement letters have been received advising that matter is being investigated.

20

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)

 

Acknowledgement letters have been received, advising that matter is being investigated.

 

21

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.

Existing information brochures have been sourced.

 

FEBRUARY 2012

22

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.

 

23

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


 

MARCH 2012

24

SF959

1/03/2012

Council write to the Hon. Katrina Hodgkinson requesting clarification as to the Native Title Tribunal claim involving the Gumma (Boultons Crossing) Reserve.

 

GM

Letter sent 6 March 2012.

 

Letter of support being sought from Gaagal Wangan that the Boultons Crossing become a nature reserve managed by NPWS.

25

DA2011/122

1/03/2012

Re road name Kenwil Drive, that the matter be deferred to enable the policy to be reviewed and exhibited and then the recommendation, that Council advertise its intention to name the road “Ken Wilson Drive” be reconsidered.

 

DES

In accordance with Council’s direction for 3 weeks notice the matter will be considered in May 2012.

 

Memo to be provided to Councillors with draft policy

 

26

SF341

15/03/2012

Council incorporate a question in its 2013 Resident Satisfaction Survey on community attitudes to vehicles on beaches.

 

GM

Survey to be arranged to be conducted in 2013.

Funds will be required 2012/13 budget.

 

Submission to 2012/2013 budget.

28

SF281

15/03/2012

Council staff report to Council regarding the use of Facebook or Twitter to communicate with young people.

 

DEP

Referred to Youth Development Officer for investigation and report to Council.

Report in business paper

 

29

SF777

15/03/2012

Council write to the Hon Tony Burke MP asking what public consultation occurred prior to the determination re Lowland Rainforest EEC; also requesting any available mapping; and seeking assistance for ground truthing.

 

DEP

Letter sent 3 April 2012.

No response as at 7 May 2012

 

Response received – see Attached

30

SF1743

15/03/2012

The tree register be referred back to the DES so that he may prepare a further report and recommendation to Council on a proposal which addresses historic, senescent or publicly significant trees on public land in urban areas.

 

DES

Report will be presented to Council in August 2012,

 

To incorporate outstanding action No 9 above.

31

SF1653

4/04/2012

Senior management establish and lead a continuous improvement program across the organisation to achieve productivity savings, efficiency gains and revenue enhancement.

 

GM

Report in May 2012 on proposed program.

 

Deferred to June 2012.

 

Training organised for senior management July/August.

32

SF1714

11/04/2012

Council write to Minister Hodgkinson seeking an assurance of the continuation of the Business Advisory Service.

 

GM

Letter sent 16 April 2012.

33

SF1714

11/04/2012

Council receive a report setting out the number of rural blocks which front sealed roads but do not have a building entitlement.

 

DEP

Deferred to June 2012.

34

SF1714

11/04/2012

Council review the availability of industrial (employment) land at Nambucca Heads and Macksville and if necessary take steps to rezone further land.

 

DEP

Deferred to June 2012.

35

DA2012/004

11/04/2012

Council review its Car Parking Code

 

DEP

Deferred to June 2012

36

SF544

11/04/2012

Clarification be sought on the mining and/or extractive industries contribution plan and information also be provided on coal seam gas extraction exploration and its implications for contribution planning.

 

GM

Report in May 2012

 

Deferred to June 2012.

37

SF61

11/04/2012

Council receive a report regarding extending life guard services over the Easter break, including community education. Also that the report consider markers for boats to access Forsters Beach at Scotts Head without conflicting with swimmers.

DES

Report in May 2012

 

Quotes being sourced and a report prepared for the June 2012 meeting

 

Report in business paper.

38

SF452

11/04/2012

Council receive a quarterly waste management report including infringements issued, progress with the Biomass, community education, landfill construction etc

DES

Report in July 2012

40

SF959

26/04/2012

Council resubmit previous requests to the RMS for reconsideration of the speed limit to 80 kph for all Shire roads and the Pacific Highway except those already signposted with a lower speed limit.

DES

Letter sent to RMS 2 May 2012.

41

SF959

26/04/2012

Council request the Local Traffic Committee to consider a limit of 40kph for Seaview Street and Bent Street, Nambucca Heads.

DES

Placed on the Traffic Committee agenda for June Meeting.

44

SF843

26/04/2012

Council include information on its website and in the next rate payers’ newsletter about the costs to and impacts on the environment of detergents and urging the use of lower impact environmental products.

GM

Information to go out in July rates newsletter

MAY 2012

45

SF430

31/05/2012

That the Flying Fox Plan of Management for Grassy Park, Bowraville be deferred for 3 months to provide affected residents with the opportunity to establish a Committee and put forward an alternative Plan of Management for Council’s consideration.

DEP

Letter sent to Ms Glennon regarding resolution.

Attachments:

1View

12900/2012 - Item No 29 - Ministers Response

 

 

 


Ordinary Council Meeting - 13 June 2012

Outstanding Actions and Reports

 



Ordinary Council Meeting                                                                                                     13 June 2012

General Manager's Report

ITEM 9.3      SF1460            130612         Approval of Council's Application for a Special Rate Variation by the Independent Pricing and Regulatory Tribunal

 

AUTHOR/ENQUIRIES:     Michael Coulter, General Manager         

 

Summary:

 

IPART has advised that it has approved Council’s application for a special rate variation in full.

 

IPART determined that Council has made gains in productivity and reduced costs in the recent past and shows no signs of being inefficient relative to its peers based on the available comparative data.  However they also advised that it is appropriate for Council to continue to identify opportunities for productivity improvement and cost savings and to report the impact of these to the community.

 

Importantly IPART has observed that the special rate variation will not address the underlying issue of the council’s longer term recurrent sustainability.  The Asset Renewal Ratio is forecast to fall from 0.71 this financial year to 0.68 in the year ended 30 June 2015.  IPART indicates that Council should consider its longer term financial position and pursue a range of funding options.

 

 

Recommendation:

 

That the approval, in full, of Council’s appIication for a special rate variation by the Independent Pricing and Regulatory Tribunal (IPART) be noted.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

DISCUSSION:

 

On 4 June 2012 the Independent Pricing and Regulatory Tribunal (IPART) advised that it had approved Council’s application for a special rate variation in full.  Of the 152 Councils in NSW, IPART received applications for special variations from 14 councils.  Nambucca Shire Council was one of 7 councils which had their application approved in full.

 

Financial analysts from IPART have been scrutinising Council’s application since its lodgement in late February.  The fact that IPART have been satisfied in relation to all of their assessment criteria is due in large part to the Council’s Manager Financial Services who assembled the application and responded to IPART’s regular requests for information.

 

The approval of the special variation means that on average, residential rates will increase by $28 (or 3.5%), business rates will increase by $119 (or 8.0%) and farmland rates will increase by $4 (or 0.25%) in 2012/2013.

 

A copy of the media release issued by IPART together with the report on their determination is attached.

 

Council satisfied all of the criteria set down by IPART for the approval of special rate variations being:

 

1.       Demonstrated need for the rate increase implied by the special variation

2.       Adequate community consultation regarding the special variation

3.       Reasonable impact on ratepayers

4.       Sustainable financing strategy consistent with the principles of intergenerational equity

5.       An explanation of the productivity improvements and cost containment strategies the council has implemented in past years, and is planning over the requested special variation period

 

IPART determined that Council has made gains in productivity and reduced costs in the recent past and shows no signs of being inefficient relative to its peers based on the available comparative data.  However they also advised that it is appropriate for Council to continue to identify opportunities for productivity improvement and cost savings and to report the impact of these to the community.

 

Importantly IPART has observed that the special rate variation will not address the underlying issue of the council’s longer term recurrent sustainability.  The Asset Renewal Ratio is forecast to fall from 0.71 this financial year to 0.68 in the year ended 30 June 2015.  IPART indicates that Council should consider its longer term financial position and pursue a range of funding options.

 

In relation to the environmental levy program, IPART has accepted representations from Council that in the event of the sale of the Macksville Showground, the environmental levy works program can be adjusted to bring in new projects or expand existing projects.  IPART also accepts that the environmental levy program of works is indicative and the council may need to re-schedule and re-prioritise planned expenditure on individual projects over the 10 years.  The Council is required to report against the expenditure in its annual report.

 

CONSULTATION:

 

There has been consultation with IPART and Council’s Manager Financial Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The approval of the special rate variation application means that Council will be able to permanently retain a program of environmental work in its overall works program.  This is a significant benefit for the environment.

 

Social

There are no significant social implications.

 

Economic

There are no significant economic issues.  To the extent that the special rate variation will fund additional capital and maintenance work on Council’s roads will mean an economic benefit to the local area.

 

Risk

There are no discernible risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The determination by IPART means that Council does not have to make any significant changes to its advertised Operational Plan and Delivery Program.

 

Whilst the approval of Council’s application will ensure the permanent continuation of Council’s Environmental Levy works program as well as $1.5m of improvements to Council’s sealed road network, it does not address the underlying issue of the council’s longer term recurrent sustainability.  This will require a greater effort to fund depreciation and achieve an asset renewal ratio closer to 100% instead of the current 71%.  This remains the challenge for Council’s sustainability.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.  The approval of the special variation has already been incorporated in Council’s Operational Plan and Delivery Program budgets.

 

Attachments:

1View

13497/2012 - Media Release - IPART - 4 June 2012

 

2View

13495/2012 - IPART Final Determination

 

  


Ordinary Council Meeting - 13 June 2012

Approval of Council's Application for a Special Rate Variation by the Independent Pricing and Regulatory Tribunal

 



Ordinary Council Meeting                                                                                                     13 June 2012




























General Manager's Report

ITEM 9.4      SF395              130612         Loans Program 2011/2012

 

AUTHOR/ENQUIRIES:     Jeneen Fuller, Finance Officer; Craig Doolan, Manager Financial Services         

 

Summary:

 

Council is seeking to take out a loan for $925,000.00 for a 20 year fixed term interest rate (monthly repayments), $325,000.00 for Bridges and $600,000.00 for Roads.

 

 

Recommendation:

 

That Council considers the offers from the six financial institutions as a confidential late item.

 

 

OPTIONS:

 

There are no options.

 

DISCUSSION:

 

The National Australia Bank, Commonwealth Bank, IMB Limited, Australia & New Zealand Banking Group Ltd, St George Bank and Westpac have been requested to provide Council with an offer for the following loans:-

 

AMOUNT

PURPOSE

TERM

$925,00.00

Bridges $325,000.00

Roads   $600,000.00

 

20 year fixed term interest rate (monthly repayments)

 

The financial institutions will be submitting their offers to Council on 12 June 2012.

 

Upon receipt of these offers, a late report will be tabled for consideration in Closed Council.

 

CONSULTATION:

 

Accountant

 

SUSTAINABILITY:

 

Not Applicable

 

FINANCIAL:

 

The loans are provided for in the 2011/2012 adopted budget.

 

SOURCE OF FUND AND ANY VARIANCE TO WORKING FUNDS:

 

No source of funding and no variance to working funds until an offer has been accepted.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.1    SF278              130612         Using Facebook or Twitter to communicate with young people in the Valley

 

AUTHOR/ENQUIRIES:     Vicki Fernance, Youth Development Officer         

 

Summary:

 

The purpose of this report is to advise on investigations into using Facebook or Twitter as per Council’s resolution 15 March 2012 “that staff be asked to consider and report back to Council regarding the use of Facebook or Twitter to communicate with young people”.

 

Facebook and Twitter are powerful internet tools of communication and are fast becoming another alternative to communicating with community members. Consultation with other Council’s who use Facebook as a communication tool indicated that whilst, Facebook is a great way of communicating with young people providing the information is relevant, current and accurate. However, it opens up a range of resourcing and monitoring issues for Council.

 

Most of the Council’s consulted have a Youth Advisory Committee undertaking the monitoring task (sometimes daily) with input from the Youth Development Officer (weekly usually). Also, some other Councils have their IT Department monitoring the Facebook page, along with the Youth Development Officer and Youth Advisory Committees. Nambucca Shire Council does not have a Youth Advisory Committee and the IT Department does not have the capacity to monitor a Youth Facebook page. For the Youth Facebook page to work effectively it is essential that there are sufficient staff to monitor it on a regular basis.

 

Promotion of programs/events/activities, at the moment, is delivered in a number of ways: flyers, handouts, school newsletters, school assemblies, Bowraville Newsletter, email to other organisations, emails to parents who on Youth Development Officer’s mailing list, radio stations (local and Coffs Harbour), ads in the local newspaper, articles in the Guardian News and the Hibiscus Happynings Community Diary as well as, Council’s website, Council’s Libraries, word of mouth and texts to young people who are on the Youth Development Officer’s contact list. Whilst there are resource impacts with this process they are event driven with no daily impact and updating.

 

At this stage there is not an effective way of monitoring what appears on a Facebook page by staff in Council.

 

 

Recommendation:

 

That at this time, Facebook and Twitter not be used as a communication tool for Nambucca Shire Council to engage with young people of the shire.

 

 

OPTIONS:

 

1        Council endorses the recommendation.

 

2        Council not endorse the recommendation.

 

 

DISCUSSION:

 

Council has asked staff to consider using Facebook or Twitter as a means of communicating with young people.

 

Facebook overview:

 

·               An account is created which comprises a username, password and an image.

·               The Facebook account can be established as a profile, page or group:

o    A profile is for people who join Facebook on an individual basis

o    A page is designed for institutions, companies or businesses.

o    A group is created by a user and the people that join the group may have different roles: administrator, voting members and members, for example. Groups can be public, private or secret, and are used to create networks of people interested on a specific topic

·               Comments can be made and pictures can be uploaded to the Facebook page

 

Twitter overview:

 

·               An online social networking platform

·               An information network

·               Compatible with text messaging

·               Read, write and share messages up to 140 characters (tweets)

·               Follow and be followed

·               Website, SMS or mobile application

·               Links to facebook or website, eg, Nambucca Shire Council

·               Powerful, real time communication

·               Marketing – share information, research your market, build relationships

 

Considerable research and consultation with other Councils who use Facebook and/or Twitter has been undertaken by the Youth Development Officer.

 

Councils that were consulted have all agreed that Facebook is a great way of getting information out to young people and the community. Most Councils that were consulted have a “Council” Facebook page as well as a “Youth” page.

 

A regular part of having a Facebook page is monitoring by staff. Monitoring of the page needs to be on a regular basis, as comments can be made by young people and/or the community, which can be seen by anyone who goes to the page. Further, it may be necessary to capture posts to the page as Council correspondence or for Council’s Customer Complaints system. In these cases, the use of Facebook adds an additional source of correspondence to be managed.

 

Most of the Council's Youth Facebook pages that were looked at are monitored by Council’s Youth Advisory Committee with perhaps weekly monitoring by the Youth Development Officer. Some Youth pages are monitored by Council’s IT Department also.

 

Nambucca Shire Council’s Youth Advisory Committee was disbanded over 4 years ago due to the lack of interest from young people. When the Youth Advisory Committee was disbanded, it was thought that Council’s Youth Development Officer could use Myspace or another type of web based network to communicate with young people. This proved unsuccessful, as the young people were eager when setting up the page, but lost interest, moved onto other things or moved out of the area.

 

The Youth Development Officer promotes events using multiple avenues, eg, flyers, handouts, texts, emails, Council’s website, newsletters and assemblies.

 

Most of the Council’s consulted also have Twitter linked to their Facebook page.

 

Twitter involves sending “tweets” (messages, links, stories, etc) to “followers”. Again “tweets” would have to be sent by a staff member and be monitored.

 

The Youth Development Officer consulted with young people and also other youth organisations in the area and Twitter is not commonly used, in fact of the 20 young people that were asked all answered that they did not use twitter and are unlikely to in the immediate future.

 

“Tweets” can be sent by either mobile or computer, but the normal practice is to use your mobile and “tweet” about something that is happening now, which would mean that internet access would have to be available on staff mobile phones.

 

Twitter is more of a City network than Rural and mainly used by people in an older age bracket and would not be effective as a means of communicating with young people in the Nambucca Valley.

 

To open a Facebook and Twitter account an email address would be required, eg ydo@nambucca.nsw.gov.au, which can be set up for an approximate cost of $75 per year, for the license, by IT.

 

Attached for Councillors information are examples of Hastings Youth Advisory Council Facebook page and also a copy of Port Macquarie-Hastings Council Facebook page for information.

 

You will note that comments (posts) made on the Port-Macquarie-Hastings Council Facebook page about potholes in the roads have been put under a story about the new turf being laid for the Port City Hockey Club. Port Macquarie-Hastings Council employ a full-time Communications and Web Officer who deals with Council’s webpage, Facebook page and any other internet work. When comments are made on the page, the Officer takes a “screen dump” (picture) of all comments which appear on the page. These “screen dumps” are then saved as a JPEG image and filed electronically in Council records management system, eg TRIM.

 

Although Port Macquarie-Hastings is a much larger Council than Nambucca, the same would apply to any information relating to Council business.

 

There is nothing to stop a community member “posting” on the Youth Facebook page about an issue with roads/bridges/footpaths, etc. Also businesses can “post” on the Youth Facebook page advertising what they do.

 

As continual and regular monitoring of a Facebook page and/or Twitter account is necessary for them to work effectively, it would be essential that there be a number of staff doing this. At this stage Nambucca Shire Council does not have the staff resources to do this.

 

 

CONSULTATION:

 

IT

Kempsey Shire Council

Port Macquarie-Hastings Shire Council

City of Sydney Council

Coffs City Council

Bellingen Shire Council

Gloucester Shire Council

Young people

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact on the environment.

 

Social

 

There are no social implications

 


Economic

 

There are no economic implications.

 

Risk

 

Small element of risk regarding derogatory comments and/or pictures without permissions.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Attachments:

1View

12869/2012 - Facebook examples for Council Report

 

  


Ordinary Council Meeting - 13 June 2012

Using Facebook or Twitter to communicate with young people in the Valley

 



Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.2    SF1719            130612         Minutes of the Access Committee meeting held 22 May 2012

 

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

 

Summary:

 

Attached for Council’s attention are the minutes of the Access Committee meeting held 22 May 2012. The minutes contain 1 recommendation for Council’s endorsement as follows:

 

            That the information be noted that silent cops are no longer used (and in some areas removal is being required by the Department of Roads and Maritime Services); and that given this feedback, the following silent cops be considered for removal as they are a potential trip hazard:

 

1        Corner Winifred and Princess Streets Macksville

2        Corner Wallace Street and Pacific Highway Macksville

 

 

Recommendation:

 

1          That the information be noted that silent cops are no longer used (and in some areas removal is being required by the Department of Roads and Maritime Services); and that given this feedback, the following silent cops be considered for removal as they are a potential trip hazard: Corner Winifred and Princess Streets Macksville; and Corner Wallace Street and Pacific Highway Macksville

 

2          That the remaining minutes be endorsed.

 

 

OPTIONS:

 

1          Endorse the minutes and their recommendations

2          Not endorse the minutes

3          Endorse the minutes with revised recommendations

 

 

DISCUSSION:

 

Nothing required.

 

 

CONSULTATION:

 

Nil consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues identified.

 

Social

 

Nothing specific identified.

 


Economic

 

Nothing specific identified.

 

Risk

 

Nothing identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

11779/2012 - Minutes - Access Committee - 22 May 2012

 

  


Ordinary Council Meeting - 13 June 2012

Minutes of the Access Committee meeting held 22 May 2012

 

PRESENT

 

Cr E South (Chairperson)

Ms Margaret Hutchinson

Cr A Smyth

Dr Dorothy Secomb

Mr Keith Davis

Mr Les Small

Ms Coral Hutchinson

Ms Alba Sky

 

 

 

 

 

 

APOLOGIES

 

Ms Fiona Henwood

Mrs Shirley Holmes

Mr Peter Shales

Ms Pam Thoroughgood

 

 

Director Environment and Planning Report

ITEM 3.1                    SF1719    220512  Confirmation of Minutes of Meeting held 24 April 2012

1/12 RESOLVED:       (Smyth/Sky)

 

1       That the Committee note the recommendations of the Minutes of the Meeting held Tuesday 24 April 2012, as presented to Council at its meeting of Wednesday 16 May 2012.

 

2       That the Committee confirm the Minutes of the Meeting held Tuesday 24 April 2012 as an accurate record of the meeting.

 

 

 

 


 

ITEM 3.2                    SF1719    220512  Report on Business Arising from previous meeting held 24 April 2012

2/12 RESOLVED:       (South/Davis)

 

That the information be noted that silent cops are no longer used (and in some areas removal is being required by the Department of Roads and Maritime Services); and that given this feedback, the following silent cops be considered for removal as they are a potential trip hazard:

 

1       Corner Winifred and Princess Streets Macksville

2       Corner Wallace Street and Pacific Highway Macksville

 

The Committee noted the Report on Business Arising without a formal motion in regard to:

 

1       The step to the disability toilet in Winifred Street has already been removed;

2       Staff attendance at the Fall Zero Training in Coffs Harbour;

3       Quality assurance on Council’s website will eventually resolve the font enlargement issue;

4       The 100km signs on the Link Road have been removed; and

5       The feedback from Council’s Waste Officer regarding garbage bins on footpaths.

 

 

 

ITEM 3.3                    SF1719    220512  Report on correspondence to the Access Committee meeting of 22 May 2012

 

The item of correspondence and related actions was noted.

 

 

 


 

ITEM 3.4                    SF1719    220512  Report on General Business and Matters of Interest 22 May 2012

 

A request from Open Arms disability service was discussed. It was in regard to the need for disability parking spaces to allow rear of vehicle access by people in wheelchairs. The Committee asked Ms Sky to discuss the matter further with the service to determine if there are specific areas of need and further if there are zones where they can unload or regular parking spaces which provide better options than the designated disability spaces.

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on 26 June 2012 commencing at 1.30 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.20 pm.

 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.3    SF1148            130612         Contract Regulatory Officer's Report May 2012

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

The following is the Contract Regulatory Officer’s Report for May 2012.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for May 2012 be received and noted by Council.

 

 

 

 

Cats

Dogs

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility (Start of Month)

1

2

Council’s Seizure Activity

 

 

Seized (doesn’t include those animals dumped or surrendered)

0

14

Returned to Owner

0

12

Abandoned or Stray

0

9

Surrendered

 

 

Transferred to Council's Facility from Seizure Activities

0

2

Total Incoming Animals

0

11

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

2

Sold

 

 

Released to Organisations for Rehoming

 

 

Died at Council's Facility(other than euthanased)

 

 

Stolen from Council's Facility

 

 

Escaped from Council's Facility

 

 

Other

 

 

Euthanased

 

 

Restricted Dogs

 

 

Dangerous Dogs

 

 

Owner’s Request

 

 

Due to Illness, Disease or Injury

 

 

Feral/infant animal

 

 

Unsuitable for rehoming

1

6

Unable to be rehomed

0

4

Total Euthanased

1

10


 

Total Outgoing Animals

1

12

TOTAL IN COUNCIL'S FACILITY (END OF MONTH)

0

1

 

 

CSR’s (Customer Service Requests) Actioned – Not including Merit

59

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     13 June 2012

Environment and Planning

ITEM 10.4    SF1709            130612         DA's and CDC's Received and Determined under Delegated Authority to 18 May 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 1 JUNE

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/060

21/05/2012

Alan Rudge Architects / John Kent & Tony Stokes

Garage and Deck Additions

Lot 41 DP 527746, 1 Ellis Avenue, Nambucca Heads

35,000

2012/061

22/05/2012

Linda Villy - Chess Employment / Nambucca Shire Council

A Frame Sign

Lot 1 DP 783842, 47 Bowra Street, Bowraville

0

2012/062

23/05/2012

Sharon Cooke/A W & J A Cooke

Dual Occupancy Subdivision

Lot 2 DP 1172601, 4 Boulton Street, Macksville

0

2012/063

24/05/2012

Quintessential Homes for Mr D Armstrong & Ms K Hone

Dwelling-House

Lot 104 DP 1039015, 8 Lorikeet Place, Nambucca Heads

211,500

2012/064

29/05/2012

Nambucca Shire Council for Mr M & Mrs B Saul

Placement of Fill

Lot 105 DP 706354, 459 Boat Harbour Road, Yarranbella

0

2012/065

31/05/2012

Design Studio 22/ Kim Craw

2 New Dwellings, Dual Occupancy, Subdivision and Pool

Lot 83 DP 1099538, 34 Seaforth Drive, Valla Beach

515,000

2012/066

01/06/2012

Cavalier Homes North Coast Pty Ltd - Robert & Casey Symonds

Dwelling

Lot 6 DP 1059266, 17 Sandpiper Drive, Scotts Head

297,671

2012/067

01/06/2012

Greg Kennedy

Verandah

Lot 51 DP 258422, 42 Priory Parade, Valla

16,700

 

 


COMPLYING DEVELOPMENT APPLICATIONS RECEIVED 1 JUNE 2012

Including those issued by Private Certifiers

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/621

22/05/2012

North Coast Shed Market/B & D Hughes

Rural Shed

Lot 13 DP 1119693, Lot 13 Warrell Waters Road, Gumma

17,000

2012/622

30/05/2012

Department of Education - Scotts Head Public School

Alterations & Additions to existing building - Commercial

Lot 1 DP 436488, 21 Vernon Street, Scotts Head

100,000

 

 

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 1 JUNE 2012

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE

$

2012/061

Lot 1 DP 783842, 47 Bowra Street, Nambucca Heads

A-Frame Footpath Sign

0

2012/032

Lot 6 DP 872834, 71 Bowerbird Lane, Valla

Dwelling additions & conversion from shed to dwelling

30,000

2012/043

Lot 50 DP 849393, 1 Ridge Street, Nambucca Heads

Dwelling additions

21,800

2012/621

Lot 13 DP 1119693, Lot 13 Warrell Waters Road, Gumma

Rural Shed

17,000

2012/045

Lot 19 Section 1 DP 30512, 18 John Avenue , Nambucca Heads

Dual Occupancy

0

2012/617

Lot 1 DP 538542, 27 Kelly Close, Macksville

Storage Shed

7,000

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.5    SF1709            130612         Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 June 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.

 

 

 

TABLE 1:       UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

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 referred to RFS on 27 March 2012

Reply received 25 May 2012

Application being processed for presentation to Council at a future meeting

 

 


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

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

Conflict with rural buffer policy - to be referred to a Council meeting for determination

Final discussions with RFS & applicant prior to Council determination

Deferred to an on-site meeting for 13/6/2012

See Report in Agenda Papers

 

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

Information received and forwarded to RFS - awaiting reply

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

 

 


 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

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 - Application on hold because of dispute with Body Corporate and resolution to permit the application to be lodged

Strata Management Meeting 2/4/2012

Application will be presented to Council for determination at a later meeting

Strata considering recision motion to withdraw owners consent for DA

7 Day letter issued 17/04/2012 to applicant requesting that applications be withdraw or the matter will be presented to Council for determination based on the information in front of Council - this letter was extended to 14 days and is being followed up

Legal advice has been sought due to threat of legal action from both parties

A report will be presented to Council following assessment of the applications and receipt of the legal advice

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.6    SF732              130612         River Ecohealth Project

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Council has sought further information in regard to the River Ecohealth Programs and the costs associated for consideration.

 

Bellingen Shire Council, Port Macquarie Hastings Council, Coffs Harbour City Council and Clarence Valley Council are participants in the program and Mr Max Osborne, Project Officer with the Northern Rivers Catchment Management Authority made a presentation to the Nambucca River, Creeks, Estuaries and Coastline Management Committee.

 

Costs have been obtained for the Bellingen project and the estimates indicate a commitment of $62,000 so far. This is made up of $34,000 for water quality monitoring, $18,000 for a fish study, $8,000 for a macrophyte study with the remaining $2,000 going towards printing and graphic design and signage.

 

The costs are based around the number of sampling sites and the length of the river between the sites. Estimates suggest around $3,000 per site and there would be somewhere around 20-30 sampling sites on the Nambucca. Approximately $60,000-$90,000 for the Nambucca River project.

 

It would be expected that Council could receive $ for $ funding, $20,000 has been identified in the draft Environmental Levy for 2012/2013 and 2013/2014 as Council's contribution towards a grant.

 

 

Recommendation:

 

That once the draft Environmental Levy is adopted, the Grants Officer pursue Grant funding for the River Ecohealth Program utilising the two allocations of $20,000 being a total of $40,000 over two years as its contribution, and if a grant application is successful then Council proceed to implement the program on the Nambucca River.

 

 

OPTIONS:

 

1          That Council adopt the recommendation.

 

2          That Council not adopt the recommendation.

 

 

DISCUSSION:

 

Following a presentation to the Nambucca River, Creeks, Estuaries and Coastline Management Committee by Mr Max Osborne Project Officer with the Northern Rivers Catchment Management Authority on the Bellingen Shire Council River Ecohealth project, the Committee recommended to Council that it investigate opportunities and costs for the Ecohealth project to be considered for the Nambucca River in the future. Council subsequently endorsing the recommendation.

 

Attached for Council's information is a paper prepared by relevant officers of the Northern Rivers Catchment Management Authority and the Office of Environment and Heritage about the River Ecohealth project on the Northern Rivers. The paper provides a comprehensive outline of the project, its outcomes and outputs.

 

$25,000 has been provided in the draft Environmental Levy program for the next few years for Water Monitoring and River Health Program. $20,000 specifically for the River Ecohealth project as Council's contribution as $ for $ funding is available. A total budget of $80,000 is considered appropriate for the Nambucca River project due to the work already undertaken by Newcastle University on Newee Creek and by Damon Telfor on the Lower Nambucca.

 

The project is likely to provide further information for Council to better manage discharge points into the river. The project will assist Council, Landcare groups and landowners secure funding to assist with riparian lands management and also support the Oyster Industry with their own Management and Operational Plans.

 

CONSULTATION:

 

Northern Rivers Catchment Management Authority

Environmental Compliance Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are significant Environmental benefits with the River Ecohealth project.

 

Social

 

Identification of water quality provides for improved social benefits with a clear indication of the general quality and health of the water and the river.

 

Economic

 

There are economic benefits knowing water quality just as there may be an economic impact if pollution sources are identified which require investment by individuals or public authorities.

 

Risk

 

With the water quality assessments already undertaken the risks are negligible however, if other potential pollution sources are identified this may pose a serious risk if no action is subsequently taken.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Through the allocation of funds from the Environmental Levy and provided grant funds are sourced it is unlikely that any unidentified costs will impact on the current of future budgets.

 

Source of fund and any variance to working funds

 

Environmental Levy and Grant funds

 

Attachments:

1View

13544/2012 - Abstract - Northern Rivers Ecohealth Project

 

  


Ordinary Council Meeting - 13 June 2012

River Ecohealth Project

 











Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.7    SF1728            130612         Variation to Council's Local Approvals Policy - Keeping of Animals

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

Following complaints regarding dogs roaming free, Council's Contract Regulatory Officer attended the site being 145 Strawberry Road Congarinni. As a consequence of this visit, a letter was sent advising that the  landowners/occupiers (Mr & Mrs Dalley) are in breach of Council's Local Approvals Policy – Keeping of Animals due to twelve (12) dogs being kept on the premises when only two (2) are permitted by the Policy.

 

This matter has been ongoing since the initial letter sent on 4 July 2011, follow up letter on 23 August 2011, Notice of Intention to issue an Order on 8 March 2012 and a formal written responses received on 15 August 2011 and 11 April 2012 all attached.

 

 

Recommendation:

 

That Council advise Mr and Mrs Dalley that a variation of such magnitude may only be considered through the Development Application process and being considered on its merits following the exhibition process.

 

 

OPTIONS:

 

Council could adopt the recommendation as provided.

 

Council could choose to advise Mr and Mrs Dalley that they would support such a variation without the need for a Development Application but place a time limit on the variation of say 6 months after which only two (2) dogs remain on the property. This would not over ride Council's regulatory responsibilities if further complaints are received.

 

DISCUSSION:

 

Following complaints regarding dogs roaming free, Council's Contract Regulatory Officer attended the site being 145 Strawberry Road Congarinni. The Regulatory Officer found that some twelve (12) dogs are housed on-site without an adequate enclosure.

 

As a consequence of this visit, a letter was sent on 4 July 2011, advising that the landowners/occupiers are in breach of Council's Local Approvals Policy – Keeping of Animals due to twelve (12) dogs being kept on the premises when only two (2) are permitted by the Policy and that the dogs are not identified or registered in accordance with the Companion Animals Act.

 

The landowners are Registered Dog Breeders and they were advised that Development Consent is required should they wish to continue as a breeder. Mrs Susan Dalley wrote to Council on 15 August confirming that they are no longer breeding and wish to retain the animals as pets as they have had some of the dogs for 20 years.

 

Council responded outlining the information that they would need to provide and the applicable standards that would be applied if approval was granted. Details were also outlined on the notification process to adjoining or nearby neighbours once an application was received.

 

No response or formal application was received from Mrs Dalley, which resulted in a Notice of Intention to issue an Order  being issued on 8 March 2012. Mr Dalley on behalf of Mrs Dalley met with the Director Environment and Planning on 14 March 2012 followed by a letter received on 11 April 2012. The letter is initially to enquire whether Council would consider such a large variation to the Policy due to the costs associated with a Development Application.

 

Under the provisions of the Local Approvals Policy the only mechanism to vary in such numbers, is via a Development Application. As they have advised they are no longer breeding the application would be for the keeping of a specific number of dogs and they would need to clearly demonstrate how they will manage the amenity issues that are likely to arise from the keeping of such numbers noting the complaints received to date.

 

CONSULTATION:

 

Contract Regulatory Officer

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Local Approvals Policy was established to minimise environmental impacts, in particular local amenity issues. Variation to the Policy and the maximum numbers should be carefully considered as negative amenity issues may arise which will require considerable staff and resources to manage, aware that complaints have already been received

 

Social

 

The owners have owned many of dogs for 20 years and they wish to maintain them until they pass away. Immediate rehousing of the dogs is likely to place considerable stress on the owners. However, the local amenity of the area must also be considered.

 

Economic

 

There will be costs associated with a Development Application, the construction of the appropriate enclosure and registration of each of the dogs.

 

Risk

 

The Policy was specifically prepared to provide the opportunity for Council to manage and control the numbers of pets and animals housed on the one parcel of land in an Urban or Rural-Residential Area, due to past regulatory and compliance costs when no restrictions apply. Significant variation to the policy as requested without a Development Application is not supported as it will provide an unacceptable precedence.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Regulatory costs are incurred with managing complaints.

 

Source of fund and any variance to working funds

 

Contract Regulatory Officer's contract includes following up complaints and general fund covers Council staff costs.

Attachments:

1

18000/2011 - Letter in regard to number of dogs on property & not identified or registered

 

2

22544/2011 - Advice that no longer breeding dogs and request for approval to keep the dogs as pets

 

3

23376/2011 - Letter re request to house dog numbers exceeding policy - further justification required - Dalley

 

4

5907/2012 - Notice of Intent Order No 18 - keeping of animals, etc

 

5

8760/2012 - Request for consideration of submission in response to proposed order to remove/rehouse all animals in excess of two

 

6

31182/2008 - Local Approvals Policy - Keeping of Animals - January 2009

 

  


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.8    DA2011/165      130612         Resubmitted Report - DA 2011/165 Application for a dwelling to be located outside the dwelling envelope - Taylors Arm Road, Upper Taylors Arm

 

AUTHOR/ENQUIRIES:     Selina McNally, Senior Town Planner         

 

Summary:

 

Applicant:                      Mr D M Welsh

 

Proposal:                       Rural Dwelling-House

 

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

 

Zoning:                           RU1 Primary Production and RU2 Rural Landscape

 

A development application has been received for a dwelling on Lot 2 DP 1130291, Taylors Arm Road, Upper Taylors Arm. Upon referral from the Health and Building Team to Town Planning it was discovered the dwelling is not located within the approved dwelling envelope. Furthermore, while the approved dwelling envelope met Council’s DCP requirements for rural buffers, the proposed new location for the house does not.

 

The application is referred to Council for determination due to the significant variation to council’s Development Control Plan - Rural Buffers and in particular due to Council's recent resolution to review rural buffer distances to minimise rural land use conflicts.

 

Council staff have formally advised the applicant that the proposed dwelling should be located within the originally approved dwelling envelope and it does not support the proposed new location. The applicant was given the opportunity to withdraw the application. The applicant has requested that the matter be referred to Council for final determination.

 

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

 

 

Recommendation:

 

That Council refuse Development Application 2011/165 as the proposed dwelling envelope does not comply with Part F - Nambucca Development Control Plan 2012 – Rural and Environmental Development Standards for Rural Buffers.

 

 

OPTIONS:

 

Council could Resolve to relax the Rural Buffer setback (60m plus a 20m Vegetation buffer or 80m) in this instance and only require setbacks in compliance with the Rural Fire Service requirements and approve the application and apply the recommended draft conditions.

 

 

DISCUSSION:

 

An application for a 3 lot Rural Subdivision was approved on 18 October 2007 which created the subject lot being Lot 2 DP 1130291 (in two parts) with the proposed building envelope being located on the larger part of Lot 2 (see Plan 1 at the end of the Report). Lot 2 is split by Taylors Arm road and the majority of the land is on the northern side (37.63ha) of Taylors Arm Road with the smaller part (6.16ha) located on the southern side and would have been included to meet the 40ha minimum Lot size requirement. When the original subdivision was assessed and approved, the indicative dwelling envelope was located on the northern part near the village of Taylors Arm and met all the required setbacks and buffers.

 

Although the term indicative dwelling envelope is used, this term does allow some flexibility to the location of the dwelling where it sometime moves outside of the parameters sets by the dwelling envelope and not to facilitate a significantly different location. In this instance, the new location is over 1km away from the approved dwelling envelope and moves from the northern portion near the village to the southern portion of land surrounded by rural land (see Plan 2 at the end of the Report). Furthermore, the original subdivision did not require any requests to vary DCP requirements due to the location of the dwelling envelopes, but the proposed new location of the dwelling will not meet Council’s DCP for Rural Buffers.

 

The original subdivision was Integrated Development and NSW RFS provided a Safety Authority Certificate as per the requirements of Section 100B of the Bushfire Act, for the original indicative building envelope.

 

The applicant has engaged Dennis Atkinson Planning to provide justification to the request to vary the DCP requirement in relation to rural buffers. Furthermore, the applicant supports the proposed location by agreeing not to complain about existing or potential future activities and their subsequent emissions of noise, smell etc from the adjacent neighbouring farm land. A note could be placed on the condition of consent to ensure developers of the house are made aware of Council’s Right to Farm Policy, however, there is no opportunity for Council to notify future owners or occupiers of the dwelling once it has been constructed. The opportunity only lies at subdivision stage, when a restriction could be placed on the new Title.

 

A submission has been received by the land owner of the neighbouring rural property, which will be only 20m away from the proposed dwelling at it’s nearest point. The submission reiterates Council’s concerns that his land is used for farming and normal farming enterprises will be undertaken very close to the dwelling and subsequent noise and dust will be produced, in particular as this boundary is used as their main laneway. The submission also raises concerns over the location of the driveway which is as a consequence of where the dwelling is proposed, is very close to the existing fence line in-between the two properties and this area is historically prone to land slips. A condition to provide adequate batters on the road and an appropriate setback to the fence has been included on the draft conditions should Council resolve to approve the proposed amended location of the dwelling.

 

Council can not consider any condition which would relate to the provision of a vegetation buffer to offset for reduced setback as NSW RFS require an Inner protection Zone of 40 metres, or to the nearest boundary (20m at the Eastern boundary), be maintained around the property.

 

With the recent consideration of odours emanating from a free range piggery and Council's resolution to review its Rural Buffers policy and setbacks, this proposal may very well be at odds with the intent of Council's resolution and create a further problem which may not be immediate but may arise as properties change hands and expectations or tolerances of subsequent landowners towards traditional farming and agricultural pursuits.

 

 

CONSULTATION:

 

Internal

 

Engineers

 

Engineers do not object to the proposal subject to conditions.

 

Health and Building

 

No objections subject to several conditions and in particular one in relation to driveways details.

 


External

 

New South Wales Rural Fire Service

 

As the Safety Authority Certificate issued for the subdivision considered a dwelling envelope in a significantly different location to the one now proposed for the house, the application for the house was referred to them.

 

The RFS has subsequently issued a new Fire Safety Authority Certificate which requires a 40m inner protection area (IPA) along with a number of other requirements.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No predicted harm to the Environment, subject to the appropriate measures be implanted to prevent land slips.

 

Social

 

Approval of the dwelling in this proposed location has the potential to cause rural land use conflicts in the future.

 

Economic

 

The objectives of the rural Zones are to encourage sustainable primary production, minimise conflict land uses within the Zone and land uses with adjoining zones and maintain a range of compatible uses, including extensive agriculture. It is possible that having a residential dwelling so close to this valuable rural land could put off land owners, current and future, to extend their farming activities, which would be against the objectives of the rural Zones.

 

Risk

 

Council potentially risks future complaints from future occupiers of the dwelling as Council approved its location very close to a working farm.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Any future investigations, smell reports of similar, or legal advice for neighbour disputes, could impact on future budgets.

 

Source of fund and any variance to working funds

 

None identified.

 


Should Council resolve to approve the development, the following draft conditions are recommended:

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated *** and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

Site Plan Sheet 1a

 

Heritage Design & Drafting

Oct. 2011

Upper Floor Plan Sheet 2

 

Heritage Design & Drafting

Oct. 2011

Lower Floor Plan Sheet 2a

 

Heritage Design & Drafting

Oct. 2011

Elevations Sheet 3

 

Heritage Design & Drafting

Oct. 2011

Elevations Sheet 4

 

Heritage Design & Drafting

Oct. 2011

Sections Sheet 5

 

Heritage Design & Drafting

Oct. 2011

Statement of Environment Effects

 

 

 

BASIX Certificate 395211S

 

 

 

 

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

 

Integrated Approvals

 

2       Water supply, sewerage and stormwater drainage work

 

1        Install, alter, disconnect or remove a meter connected to a service pipe

2        Carry out stormwater drainage work

3        Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

 

 

Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

 

3        All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

          In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

 

This condition does not apply:

 

a        to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b        to the erection of a temporary building.

 

Notification of Home Building Act 1989 requirements

 

4        Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the following information:

 

a        in the case of work for which a principal contractor is required to be appointed:

i         the name and licence number of the principal contractor, and

ii        the name of the insurer by which the work is insured under Part 6 of that Act,

b        in the case of work to be done by an owner-builder:

i         the name of the owner-builder, and

ii        if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

 

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

On-site sewage management facility Section 68 approval required

 

5        An approval under Section 68 of the Local Government Act 1993 for on-site effluent disposal must be obtained from Council. The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters, which addresses the site specific design of sewage management in accordance with the requirements of the NSW Local Government Act, and Approvals Regulation and Guidelines approved by the Director General.

 

Compliance with BASIX Certificate

 

6        The Principal Certifying Authority (PCA) is to ensure that the proposed development is constructed in accordance with the requirements of BASIX Certificate No 395211S, dated 20 September 2011. The Plans submitted for approval with the Construction Certificate must include all of the BASIX Certificate commitments indicated in this certificate.

 

Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate may be required.

 

Driveway details required

 

7        The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

a        pavement description (grades exceeding 15% must be sealed);

b        site conditions affecting the access;

c        existing and design levels;

d        longitudinal section from the road centreline to the car space(s);

e        cross sections every 20 metres;

f         drainage (open drains, pipes, etc), including calculations and catchment details.

 

The plans must be in compliance with Council's Adopted Engineering Standard.

 

 


THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

 

Residential building work

 

8        Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

          a        in the case of work to be done by a licensee under that Act:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

b        in the case of work to be done by any other person:

i         has been informed in writing of the licensee’s name and contractor licence number, and

ii        has been informed in writing of the person’s name and owner-builder permit number, or

iii       has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

 

Note: The amount referred to in paragraph (b) (iii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted that amount was $5,000. As those regulations are amended from time to time, so that amount may vary.

 

A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

 

Toilet facilities

 

9        Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer.

 

Site construction sign required

 

10      A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a        showing the name, address and telephone number of the principal certifying authority for the work, and

b        showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m2.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Construction times

 

11      Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

 

Builders rubbish to be contained on site

 

12      All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Rainwater tank requirements

 

13      Rainwater tank/tank-stand installations are to be structurally sound, and in accordance with manufacturers detail and/or Guidelines for Plumbing Associated with “Rainwater Tanks in Urban Areas”. Overflow from the tank is to be diverted to the existing stormwater system, or disposed of in a manner not to cause nuisance to neighbouring properties or degradation of land.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

 

Works to be completed

 

14      All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate. The bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Council’s road/footpath reserve.

 

Bushfire Mitigation Requirements

 

15      The following bushfire mitigation requirements are to be incorporated into the completed development:

 

a        At the commencement of building works and in perpetuity the property around the building to a distance of 40m or the property boundary, shall be maintained as an inner protection area(IPA)as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

b        In recognition that no reticulated water supply is available to the development, a total of 20,000 litres fire fighting water supply shall be provided for fire fighting purposes. The fire fighting water supply shall be installed and maintained in the following manner:

 

c        Fire fighting water supply tank(s) shall be located not less than 5m and not more than 20m from the approved structure.

 

d        A hardened ground surface for fire fighting truck access is to be constructed up to and within 4m of the fire fighting water supply.

 

e        New above ground fire fighting water supply storage’s are to be manufactured using non combustible material (concrete, metal, etc). Where existing fire fighting water supply storage’s are constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials, they shall be shielded from the impact of radiant heat and direct flame contact.

 

f         Non combustible materials (concrete, metal, etc) will only be used to elevate or raise fire fighting water supply tank(s) above the natural ground level.

 

g        A 65mm metal Storz outlet with a gate or ball valve shall be fitted to any fire fighting water supply tank(s) and accessible for a fire fighting truck. The Storz outlet fitting shall not be located facing the hazard or the approved structure.

 

h        The gate or ball valve, pipes and tank penetration are adequate for full 50mm inner diameter water flow through the Storz fitting and are constructed of a metal material.

 

i         All associated fittings to the fire fighting water supply tank(s) shall be non-combustible.

 

j         Any below ground fire fighting water supply tank(s) constructed of combustible (polycarbonate, plastic, fibreglass, etc) materials shall be shielded from the impact of radiant heat and direct flame contact.

 

k        Any fire fighting water supply tank(s) located below ground shall be clearly delineated to prevent vehicles being driven over the tank.

 

l         All water supplies for fire fighting purposes shall be clearly signposted as a fire fighting water supply.

 

m       Below ground fire fighting water supply tank(s) shall have an access hole measuring a minimum 200mm x 200mm to allow fire fighting trucks to access water direct from the tank.

 

n        Fire fighting water supply tank(s) and associated fittings, located within 60m of a bushfire hazard and on the hazard side of an approved building, shall be provided with radiant heat shielding to protect the tank from bush fire impacts and maintain safe access to the water supply for fire fighters.

 

o        A minimum 5hp or 3kW petrol or diesel powered pump shall be made available to the water supply. A 19mm (internal diameter) fire hose and reel shall be connected to the pump. Fire hose reels must be installed so that each elevation of the building can be reached by a fire hose. The fire hose reels must be constructed in accordance with AS/NZS 1221:1997, Fire hose reels and installed in accordance with AS 2441—1988, Installation of fire hose reels, as in force on 1 September 2005.

 

p        Pumps are to be shielded from the direct impacts of bush fire.

 

q        A Static Water Supply (SWS) sign shall be obtained from the local NSW Rural Fire Service (RFS) and positioned for ease of identification by RFS personnel and other users of the SWS. In this regard:

 

i         Markers must be fixed in a suitable location so as to be highly visible; and

ii        Markers should be positioned adjacent to the most appropriate access for the water supply.

          Note: Below ground dedicated fire fighting water supply tank(s) is defined as that no part of the tanks(s) is to be located above natural ground level.

 

In recognition that the dwelling/structure maybe connected to a gas supply, the following requirements are to be complied with:

 

r         Reticulated or bottled gas is to be installed and maintained in accordance with Australian Standard AS/NZS 1596:2002: 'The storage and handling of LP gas' and the requirements of relevant authorities. Metal piping is to be used. q) All fixed gas cylinders are kept clear of all flammable materials to a distance of 10m and be shielded on the hazard side of the installation. r) Gas cylinders kept close to the building shall have release valves directed away from the building. Connections to and from gas cylinders are to be metal.

 

s        Polymer sheathed flexible gas supply lines to gas meters adjacent to building are not to be used.

 

t         The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

 

          i         The property access road shall comply with Section 4.1.3(2) of ‘Planning for Bush Fire Protection 2006’, excepting that an alternate property access road is not required.

 

u        New construction shall comply with Section 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

 

v        Landscaping to the site is to comply with the principles of Appendix 5 of 'Planning for Bush Fire Protection 2006'.

 



Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     13 June 2012

Director Environment & Planning's Report

ITEM 10.9    SF1709            130612         DEP Applications and Statistical Reports 2011-2012, and Certificates Received 2010-2012 (May 2012)

 

AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         

 

Summary:

 

Environment and Planning Department Development Application statistics for the calendar year 2012 compared with 2011 and Certificate Applications/Drainage Diagrams/Outstanding Notice Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

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

 

2          That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

Development Application Statistics

 

The figures show a 0.00% decrease in the number of DA’s received to May 2012 with construction costs decreasing by -151.04% compared to the same period in 2011. The total number of DA’s/CD’s approved for the month of May was 24 plus 1 modifications.

 

 

DA’S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

Jan-May 2011

$17,570,416

92

89

Jan-May 2012

$  6,998,972

92

58

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2012

Month

Mean Time

Median

#Average age of DA’s (Days)

Average

Highest

Lowest

January

41.20

42

79.20

202

42

February

51.53

29

86.00

189**

15

March

39.21

31

39.88

112

15

April

42.45

41

53.00

115

21

May

38.79

30

42.5

97

2

June

 

 

 

 

 

July

 

 

 

 

 

August

 

 

 

 

 

September

 

 

 

 

 

October

 

 

 

 

 

November

 

 

 

 

 

December

 

 

 

 

 

 

#Average age of DA’s

 

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

 

** The clock was not “stopped” on this application as Council was waiting for referrals from the RTA.


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

1

0

39

2010 Council

3

6

2

1

2

1

9

3

1

2

2

0

32

2011 Private Cert

1

0

3

7

4

4

3

1

7

6

3

1

40

2011 Council

2

2

0

1

0

1

1

0

2

0

2

1

12

2012 Private Cert

2

4

6

4

5

 

 

 

 

 

 

 

20

2012 Council

0

1

1

0

2

 

 

 

 

 

 

 

4

 

 

CONSTRUCTION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2011 Private Cert

2

9

6

4

6

5

2

4

8

5

6

6

63

2011 Council

8

8

8

7

14

9

6

8

8

4

5

5

90

2012 Private Cert

3

3

3

1

8

 

 

 

 

 

 

 

18

2012 Council

3

3

3

4

9

 

 

 

 

 

 

 

22

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (May)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2010

92

291

61

2011

122

288

52

2012

104

246

54

 

OCCUPATION CERTIFICATES RELEASED (including Interim Occupation Certificates)

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

Private
2010

4

4

12

2

7

2

4

5

7

1

3

4

55

4.58

Council
2010

10

14

9

12

11

7

11

7

6

3

2

7

99

8.25

Private
2011

9

6

11

0

5

12

3

10

9

7

4

10

86

7.16

Council
2011

6

22

15

5

10

11

12

15

6

9

8

9

128

10.66

Private
2012

4

7

7

4

5

 

 

 

 

 

 

 

27

5.4

Council
2012

18

14

10

10

29

 

 

 

 

 

 

 

81

16.2

Attachments:

There are no attachments for this report.

  


Ordinary Council Meeting                                                                                                     13 June 2012

Director of Engineering Services Report

ITEM 11.1    SF61                130612         Extension of Lifeguard Services over the Easter Holiday Period

 

AUTHOR/ENQUIRIES:     Paul Gallagher, Director Engineering Services         

 

Summary:

 

Expressions of interest were sought from the Nambucca Heads and Macksville-Scotts Head Surf Life Saving Clubs as well as a quotation form Australian Lifeguard Service following Council’s resolution emanating from the Ordinary meeting on 11 April 2011 to receive a report regarding extending life guard services over the Easter break.

 

 

 

Recommendation:

 

1        That Council not extend the life guard service to cover the Easter holiday period due to budget constraints and detrimental effect on other infrastructure projects in the draft 2012/13 budget.

 

2        That Council include an additional schedule for life guard services for other holiday periods in the contract documentation as a schedule of rates for consideration for the next contract due in 2014

 

 

 

OPTIONS:

 

Note the report and take no further action.

Consider extending life guard service through Easter holiday period.

Consider extending the hours of the life guard service from 9.00 am to 5.00 pm.

 

 

DISCUSSION:

 

Council wrote to the Nambucca and Macksville-Scotts Head Surf Life Saving Clubs seeking their interest in providing a life guard service and whether they were in a position to roster volunteers to cover patrols at the beaches for a fee over the Easter holiday period.  The cost of the service would be paid directly to the Clubs for the volunteers’ time and not to the volunteers.  The funds raised through the provision of this life guard service may then allow the Clubs an opportunity to embrace another source of fund raising to complement their other activities and sponsorship.

 

Expressions of interest from the two Clubs closed on 31 May 2012.

 

Nambucca Heads Surf Life Saving Club advised that they were not in a position to provide the service due to legal and charitable implications and had reservations of being able to ensure adequate volunteers were available for the designated period.  Their letter is attached for Council’s information.

 

At the time of preparing this report Council had not received any advice form the Macksville-Scotts Head Surf Life Saving Club.

 

Australian Lifeguard Service provided a quotation which has been circulated as a confidential attachment for Council’s information.

 

The cost of extending life guard services for the Easter holiday period has not been budgeted for in the draft 2012/13 budget and would need to be offset from funding at the detriment of other worthy infrastructure projects.

 

CONSULTATION:

 

There was no consultation in preparing this report

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environment implications associated with this report.

 

Social

 

The service provides a public safety and education program as well as performing life saving and rescues.

 

Economic

 

The provision of safe beaches is important to holiday visitors.

 

Risk

 

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum.

 

There is a risk of confusion when adjoining Local Government areas have different arrangements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The annual cost for the service has been progressively increasing over the term of the contract in accordance with the conditions of contract.  There has been no provision made within the draft 2012/13 budget for the extension of the service for the Easter holiday period

 

The funding for contract life guard services over the Christmas holiday period is provided within the 2011/12 budget and the draft 2012/13 budget has made a provision for the contract of services for the 2012/13 Christmas holiday period.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget

 


 

ATTACHMENT:   9024/2012 – Quotation from Australian Lifeguard Services

 

Hi Paul,

 

Please find attached pricing for Beach Lifeguard services for the 2013 Easter Public Holidays. One point to note, Easter will be a standalone period from the Autumn school  holidays in 2013.

 

The pricing is inclusive of wage, gear and equipment, relevant insurance, maintenance, Supervisor and ALS Surfcom costs.

 

If Council has any questions please do not hesitate to contact me.  

 

Kind regards

 

Murray Copas
Lifeguard Operations Manager

Australian Lifeguard Service NSW
M 0447 696 487 I P 02 9471 8029 I F  02 9471 8001
W
www.australianlifeguards.com.au

 

 

Attachments:

1View

13064/2012 - Response - Nambucca Heads Surf Live Saving Club

Confidential Document (Trim 9024/2012)

 

  


Ordinary Council Meeting - 13 June 2012

Extension of Lifeguard Services over the Easter Holiday Period