NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

28 February 2013

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

How can a Member of the Public Speak at a Council Meeting?

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

Members of the public are welcome to attend meetings and address the Council.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? The relevant agenda item will be brought forward at 5.30 pm in agenda order, and dealt with following preliminary business items on the agenda.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 28 February 2013

 

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 - 13 February 2013

5??????? NOTICES OF MOTION

5.1???? Notice of Motion - 60 kph Speed Limit - Pacific Hwy/Link Road Intersection - Nambucca Heads (SF1009).......................................................................................................................... 6 ?

6??????? PUBLIC FORUM

 

Mrs Kelli Leckie

 

Mr William Graham

 

Mr Mark Peterson on behalf of On behalf of Scott Riley applicant

 

Representatives x 2 on behalf of National Broadband Network (NBN)

 

Mrs Jodie Beggs

 

Miss Jessica Beggs

7??????? ASKING OF QUESTIONS WITH NOTICE ??

8??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9??????? General Manager Report

9.1???? Outstanding Actions and Reports.................................................................................... 21

9.2???? General Manager - Review of Delegations of Authority..................................................... 26

9.3???? Number of River Studies last 25 Years............................................................................. 53

9.4???? Rural Dwelling Entitlements............................................................................................. 56

9.5???? Proposed Grant Application - Biodiversity Fund............................................................... 61

10????? Assistant General Manager Corporate and Community Services Report

10.1?? Refinement of Corporate and Community Services Staffing Structure............................... 63

10.2?? DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments).................................................................... 71

10.3?? Our Living Coast - Final Report........................................................................................ 93

10.4?? Donations Applications for 2013 - Section 356................................................................. 98

10.5?? Schedule of Council Public Meetings............................................................................. 113

10.6?? Macksville Tennis Club Committee of Management - Minutes of the Annual General Meeting - 13 February 2013............................................................................................................... 114

10.7?? Youth Week 2013 Program............................................................................................ 119

10.8?? Contract Regulatory Officer's Report January 2013......................................................... 121

10.9?? Budget Review - December 2012................................................................................... 122

10.10? Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 - 15 February 2013..................................................................................................... 125

10.11? 2013/14 Budget workshops, Draft Community Engaement Program and Timeline for preparation of the Section 508A application for 2014/15............................................................................. 129

10.12? Draft Voluntary Planning Agreement - Construction of Link Road between Marshal Way and Alexandra Drive Bellwood - DA 2012/011....................................................................................... 134

10.13? DA2012/111 Telecommunications Facility, 36 McKay Street, Macksville........................... 149

11????? Assistant General Manager Engineering Services Report

11.1?? Nambucca District Water Supply Steering Committee Meeting - Minutes 6 February 2013. 177

11.2?? Nambucca District Water Supply Off River Storage Project ? Aeration and Destratification System For Water Storage.............................................................................................................. 185

11.3?? Waste Management Quarterly Report October - December 2012...................................... 191 ???

12????? General Manager's Summary of Items to be Discussed in Closed Meeting

12.1?? Waste Management Quarterly Report October - December 2012 - Additional Information

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

??

??????????? a????? Questions raised by Councillors at 8 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii?????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv?????? DEAL WITH MOTION TO CLOSE THE MEETING

13????? MEETING CLOSED TO THE PUBLIC

14????? REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.


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????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Notice of Motion

ITEM 5.1????? SF1817??????????? 280213???????? Notice of Motion - 60 kph Speed Limit - Pacific Hwy/Link Road Intersection - Nambucca Heads (SF1009)

 

AUTHOR/ENQUIRIES:??? Bob Morrison, Councillor ????????

 

Summary:

 

That the Nambucca Council writes to the Roads and Maritime Services (RMS) as a matter of urgency, to? place 60 km per hour speed signs on the Pacific Highway at the entrance of link road to the Pacific Highway in order to prevent accidents and deaths at this dangerous entrance to the Highway.? The following should also be included in the letter to the RMS.

 

This Council rejects the RMS? previous reasons for procrastinating/refusal to accede to residents and Council requests for the 60 kph signs mentioned including:

 

a.?????? Isolated lower speed limit have a poor level of compliance.

b.?????? The correct quota of crashes and deaths have not been reached.

 

This Council considers that it has a duty of care to ensure the safety of all residents and visitors to this Shire and will do all within its authority (including the granting of authority to place appropriate warning signs to ensure this will happen) if the RMS does not take the appropriate action.

 

RMS reasons make no sense.? If there is a low level of compliance with lower speed limits.? Then put in a speed camera to monitor this.? As far as reaching the death or accident quota - the question is best left unanswered except to say that this Council will do all within its authority to prevent even one more accidents from happening.

 

 

 

Recommendation:

 

That the Nambucca Council writes to the Roads and Maritime Services (RMS) as a matter of urgency, to place 60 km per hour speed signs on the Pacific Highway at the entrance of link road to the Pacific Highway in order to prevent accidents and deaths at this dangerous entrance to the Highway.

 

 

DISCUSSION:

 

Motion

That the Nambucca Council writes to the RMS as a matter of urgency, to place 60 km per hr speed signs on the Pacific Highway at the entrance of link road to the Pacific Highway in order to prevent accidents and deaths at this dangerous entrance to the highway.??

 

Copies to be sent to the Minister RMS, and both our local and federal ministers for their assistance in expediting the placement of the signs.? The following should also be included in the letter to the RMS.??

This council rejects the RMS previous reasons for procrastinating/refusal to accede to residents and council requests for the 60 kmh signs mentioned including:

 

a.?????? Isolated lower speed limit have a poor level of compliance.

 

b.?????? The correct quota of crashes and deaths have not been reached.

 

This Council considers that it has a duty of care to ensure the safety of all residents and visitors to this shire and will do all within its authority (including the granting of authority to place appropriate warning signs to ensure this will happen) if the RMS do not take the appropriate action.

RMS reasons make no sense.? If there is a low level of compliance with lower speed limits.? Then put in a speed camera to monitor this.? As far as reaching the death or accident quota - the question is best left unanswered except to say that this Council with do all within its authority to prevent even one more accident from happening.

 

Justification for this motion

 

a.?????? Locals know from experience that this entrance is unsafe.? It appears that most accidents at this entrance do not appear to be fully recorded.? The accidents are obvious by the regular sighting of glass at the entrance.

 

b.?????? During this Christmas influx of visitors, the queues to get onto the Pacific Highway have been long due to the traffic on the Highway.? It is not uncommon to see impatient drivers taking their life in their hands in crossing with oncoming traffic.? A common dangerous situation.

 

c.?????? Statistics will show that there is now an older group of residents settling in this Shire.? Their safety also should be taken into account.? The RMS? attitude appears to show a complete disregard for the safety of even this elder group of drivers.

 

d.?????? A recent reply from the Minister had indicated there had been 3 crashes in 5 years and 7 crashes in 10 years.? What they failed to mention was that before I wrote my first letter in April 2001 there was a death near that location.? If the signs were placed when I first wrote my letter we would probably have had no crashes since that time.

 

e.?????? A recent review of my file on the matter, shows nothing less than a system of buck passing and unanswered letters.? There was even talk of interchange ramps and over-passes.? I have attached letters from my file on the matter showing the total bureaucratic run around.

 

f.?????? RMS has taken action at Bellimbopinni, Kempsey and Urunga.? Why not Nambucca before any more major accidents.??

 

g.?????? At the Port Macquarie entrance to the Highway it is an 80 kph zone, with about 400 meters visibility in each direction with a speed camera in the area compared to the Nambucca entrance with limited visibility and a downhill approach from both directions.? I hope the RMS can see the paradox and dangers.

 

h.?????? The ultimate dangers are on wet days for again obvious reasons.

 

i.??????? The Nambucca entrance to the Highway is in the fatigue zone between Sydney and Brisbane and drivers are sometimes careless in their driving habits - they need warning signs to alert them of the entrance and to slow down.

 

THE TIME FOR THE 60 Kph SIGN IS NOW.??? NO MORE PROCRASTINATION.?? NO MORE BUREAUCRATIC RUN AROUND.? IF THE RMS OR MINISTER IGNORE OUR REQUEST IN THEIR DUTY OF CARE AND SAFETY TO OUR RESIDENTS, THEN COUNCIL SHOULD THEN ACT APPROPRIATELY IN THEIR DUTY OF CARE AND SAFETY TO THE RESIDENTS AND VISITORS OF THIS SHIRE.

Cr. Bob Morrison

 

 

Attachments:

1View

4422/2013 - Copies of letters (Trim 4422/2013)

0 Pages

??


Ordinary Council Meeting - 28 February 2013

Notice of Motion - 60 kph Speed Limit - Pacific Hwy/Link Road Intersection - Nambucca Heads (SF1009)

 


??? ?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

General Manager

ITEM 9.1????? SF959????????????? 280213???????? 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

 

MARCH 2011

1

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

 

GM

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.

Re the delay, Council?s Strategic Planner has followed up the RMS.

Staff meeting with Consultants on Wednesday 18/10/12.

Funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.

 

JUNE 2011

2

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.

 

AGMCCS

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.

To be discussed further with RMS.

Further letter sent 4 January 2013.


 

JULY 2011

3

SF1031

21/7/2011

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

 

GM

Policy under revision and to be reported to future meeting.? Also the State Government policy has recently changed.

 

Awaiting finilasation of Nambucca River Flood Studies

 

OCTOBER 2011

4

SF1595

20/10/2011

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

 

AGMES

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.

Deferred until   October following the election of the new Council and to be included in Tree Register? Item No 11 below. Deferred to November 2012.

 

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? February 2013

5

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.

 

AGMCCS

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.

 

 

 

FEBRUARY 2012

6

GB2/12

02/02/2012

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

AGMES

Nesting boxes were installed in December 2012, advanced trees still awaiting delivery.

MARCH 2012

 

7

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.

 

AGMES

Report will be presented to Council in August 2012.

To incorporate outstanding action No 5 above.

Deferred until October following Council elections.

Deferred until November 2012.

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? February 2013

 

8

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.

 

GM

Deferred to June 2012.

Investigations to commence when Strategic Planner returns from leave in August.

Investigations underway.

 

 

AUGUST 2012

 

9

SF96

15/08/2012

Council develop a policy in relation to the erection of signs on public land.

 

AGMES

A draft policy will be developed for Council in November 2012

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction ? February 2013

 

 

SEPTEMBER 2012

 

10

DA2012/093

27/09/2012

Council develop a Management Plan for Lions Park as soon as possible.

 

AGMES

Report in December 2012

 

Deferred to February 2013 subject to outcomes of stakeholder meeting

 

 

11

SF84

27/09/2012

Council write to the Minister for Police and Emergency Services & others advising that a formal written explanation has not been forthcoming on the RFS line items ?other support? , ?insurances? and why RFS budgets are not provided to Council by 28 February in accordance with the service level agreement.?? Council also advise that it doesn?t accept paying for the GRN which is not available in the Nambucca Valley.

 

AGMES

Letter sent 5 October 2012.

 

Acknowledgement of receipt of letter received.

 

OCTOBER 2012

 

12

DA2012/069

25/10/2012

Council to seek full external funding for independent traffic study for Pacific Highway Upper Warrell Creek Road Intersection

MBD/

G&CO

Investigations underway

 

NOVEMBER 2012

 

13

PRF49

29/11/2012

That the outcome of the investigations to identify the reason/s for the excessive water consumption at Macksville Park be notified to Councillors.

 

AGMES

March 2013

 

14

SF29

29/11/2012

Representatives of Clarence Valley Council be requested to meet with representatives of this Council to discuss the distribution of the assets and liabilities of the CRL.

 

GM

Letter sent 5 December 2012.? Telephoned on Monday 21 January 2013.

 

DECEMBER 2012

 

15

SF382

12/12/2012

Scotts Head Caravan Park ? new concept plan ? to be exhibited and reported to Council.

 

GM

Anticipate reporting 28 February 2013

 

16

SF688

12/12/2012

Council receive a report on the progress of Environmental Levy projects with the quarterly budget review.

 

GM

First report to be provided for the December 2012 budget review

 

17

SF688

12/12/2012

Council to consider a position of Natural Resources Officer in the 2013/14 Environmental Levy Program

 

GM

To be reported with draft Delivery Program (budget) for 2013/14

 

18

SF1460

12/12/2012

That Council commence preparing a S508A application for the 2014/15 financial year so that by late 2013 Council is prepared to lodge an application

 

AGMCCS

Program for reviews of IPR plans and community consultation to be reported on.

 

Report to be presented to Council?s 28 February meeting

 

19

SF1460

12/12/2012

That financial workshops be held with Councillors and staff in parallel with the preparation of the 2013/14 budget to identify and review service levels, review the CSP and determine to what extent SRV?s are to be sought in future years

 

AGMCCS

Workshops to be held in March, April, May 2013

 

 

 

JANUARY 2013

 

20

SF959

16/01/2013

Council receive a report responding to questions and issues raised in a NoM and identify means of allowing easier and more certain identification of building entitlements attaching to rural land.

 

GM

Report March 2013

 

21

SF1817

16/01/2013

Council be provided with a history of the number & nature of reports concerning the Nambucca River & riparian zones prepared over the last 25 years and which involved council funding (cash or in-kind).? Report to identify the use of each report and any gaps in the information identified.

 

GM

Assistance being obtained from the Office of Environment & Heritage.? Report March 2013.

 

 

 

22

RF275

16/01/2013

Councillors to be notified of DA?s with a value or cost > $1m.

 

AGMCCS

On-going

 

23????????????

SF1817

16/01/2013

Council review its tree removal policy and incorporate suggestions contained in NoM ? the 6D principles.

 

AGMES

Report February 2013

 

24

SF734

16/01/2013

Council undertake a seminar on the implications of the upgrade of the Pacific Highway for the Nambucca Valley and a further report come to Council on proposed speakers, a budget and the availability or otherwise of funding from Industry & Investment.

 

GM

Report March 2013

 

25

SF643

16/01/2013

Council consult with property owners in Sandpiper Drive (narrow section + to the East) as to whether they are supportive of the installation of ?no parking? restrictions (3 options).

 

AGMES

Report March 2013

 

26

SF643

16/01/2013

There be a brief report on the ability to re-subdivide lots without addressing the potential for street parking and egress issues.

 

AGMES

Report to be presented to Council in March 2013.

 

27

SF1817

31/01/2013

Council write to the Min. for the Arts, through the Hon. Andrew Stoner MP calling upon the Government to implement the submission from the Library Council of NSW for the reform of the funding system for NSW Public Libraries.

 

AGMCCS

 

 

28

SF768

31/01/2013

Request for maintenance of Attards Road, Congarinni North be deferred for a further report including the conditions of consent that were in the original subdivisions.

 

AGMES

Report to March Council meeting once investigation has been completed.

 

29

DA2012/111

31/01/2013

That Council investigate whether any works have commenced on the site and this be included in a report back to Council.

 

AGMCCS

No work has commenced.? Perhaps some confusion with a concrete slab being installed on the adjoining railway reservation.

 

30

SF894

31/01/2013

That a submission be forwarded to the Independent Local Government Review Panel indicating Council is interested in any shared services and regional collaboration models which will deliver economies or savings to the local community whilst retaining our local identity.

 

GM

Submission forwarded 4/2/2013.? Media release issued 1/02/2013.

 

31

SF1294

31/01/2013

That the Rainwater Tank Policy be deferred for a more thorough review eg, refers to superseded guidelines and also to the NSW Government subsidy which no longer exists.? It should also be queried whether smaller tanks should still be able to receive a rebate

 

AGMES

Due to staff work loads, Draft to be provided to Council in March.

 

32

LF167

31/01/2013

Mayor and AGMCCS visit the owner of 5625 Pacific Highway, North Macksville and explain the seriousness of Council?s orders and discuss options for rectifying the problem.

 

AGMCCS

Arrangements being made.

On site meeting held. Positive steps for progress.

 

FEBRUARY 2013

 

33

SF84

13/02/2013

Council advise the RFS that it is only prepared to accept the RFS Bid for 2013/14 indexed as per the rate pegging levy of 3.4%.

 

AGMES

Letter sent.? Awaiting response.

 

34

SF1816

13/02/2013

Council ask the JRPP to incorporate an appropriate condition that requires the installation of rain water tanks (proposed new St Patricks School)

 

AGMCCS

Recommendation forwarded to JRPP.

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

General Manager's Report

ITEM 9.2????? SF35??????????????? 280213???????? General Manager - Review of Delegations of Authority

 

AUTHOR/ENQUIRIES:??? Michael Coulter, General Manager ????????

 

Summary:

 

The report concerns a review of the General Manager?s delegations of authority.

 

 

Recommendation:

 

That Council adopt the proposed delegations of authority for the General Manager as shown in the attachment to the report.

 

 

OPTIONS:

 

Council has discretion in determining the delegations of authority to the General Manager.? The NSW Local Government Act does prescribe certain matters which the Council cannot delegate.?

 

The delegations of authority need to strike the right balance between allowing the normal administrative business of Council to occur but also ensuring that important matters such as policy, finance, budgeting etc are determined by Council.

 

Under the Local Government Act there are some matters which the Council cannot delegate.? These are set out in Section 377 as follows and largely deal with the separation between administration and policy.

377   General power of the council to delegate

(1)????? A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:

(a)????? the appointment of a general manager,

(b)????? the making of a rate,

(c)????? a determination under section 549 as to the levying of a rate,

(d)????? the making of a charge,

(e)????? the fixing of a fee,

(f)?????? the borrowing of money,

(g)????? the voting of money for expenditure on its works, services or operations,

(h)????? the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i)?????? the acceptance of tenders which are required under this Act to be invited by the council,

(j)?????? the adoption of an operational plan under section 405,

(k)????? the adoption of a financial statement included in an annual financial report,

(l)?????? a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m)???? the fixing of an amount or rate for the carrying out by the council of work on private land,

(n)????? the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o)????? the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,

(p)????? the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q)????? a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r)?????? a decision under section 234 to grant leave of absence to the holder of a civic office,

(s)????? the making of an application, or the giving of a notice, to the Governor or Minister,

(t)?????? this power of delegation,

(u)????? any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(2)????? A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.

 

 

DISCUSSION:

 

The NSW Local Government Act provides that Council determines the General Manager?s delegations of authority and that the General Manager in turn determines the delegations of authority for Council staff.

 

The delegations require periodic review to take into account changes in legislation and processes.? Whilst the current delegations have had on-going amendment, they largely derive from a major review undertaken in November 2006.

 

A major review of the delegations has now been undertaken to update references to legislation and to express them as succinctly as possible.? The General Manager?s delegations are used as the template for the delegation of authority to all staff, so it is important that they are both comprehensive and succinct.

 

The existing and proposed delegations of authority were circulated to Councillors and senior staff for comment.? The Manager Community and Cultural Services provided the following comments:

 

?The layout is clearer than the previous document.

 

I can't see where you are delegated to approve actions under the LG Act (apart from Section 68).  In your previous delegations included 18.2 "Authorise action to be taken to comply with any policy of Council or any provision of the Local Government Act." which I gather gave you the opportunity to sub-delegate (for example) to Paul Gallagher the authority to take actions like erect a sign under Section 632 (Acting contrary to notices erected by Council).  Also, would you want the opportunity to declare areas Alcohol Prohibited Areas under Sect 632A - relates to parks and reserves?  Not Section 644 though, as this deals with establishing "Alcohol Free Zones" and these require a different process to establish, including an application, consultation and a resolution of Council. 

 

Perhaps there are other sections of the LGA that should specifically be delegated??

 

In response to the comment, the opportunity was taken to remove delegations which more closely represented a statement of duties than the exercise of a particular authority.? Also in the proposed delegations there is a section titled ?Codes and Policies? which authorises any action necessary to comply with any policy or code of the Council.? A new section titled ?Local Government Act? has been added to authorise action to comply with any provision of the Local Government Act.? This addresses most of the matters raised.

 

There is no significant administrative reason to seek delegation for the declaration of Alcohol Prohibited Areas under Section 632A of the Act.? They are relatively infrequent and the issues which surround them should be the subject of a report to Council, which in turn means the issue can be identified by the media and in turn the community.

 

The proposed new delegations of authority are attached.? For the purposes of comparison the existing delegations of authority are also attached.

 

CONSULTATION:

 

There has been consultation with Councillors and staff.

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts on the environment.

 

Social

 

There are no social impacts.

 

Economic

 

There are no economic impacts.

 

Risk

 

The on-going review and updating of delegations of authority is good risk management.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is considerable work required in circulating revised delegations of authority but this has to be balanced against the risk of staff operating outside of their delegations of authority and the potential ramifications of this.

 

Attachments:

1View

964/2013 - General Manager - Proposed Delegations of Authority

0 Pages

2View

3566/2011 - General Manager - Existing Delegations of Authority

0 Pages

??


Ordinary Council Meeting - 28 February 2013

General Manager - Review of Delegations of Authority

 

 

 

 

GENERAL MANAGER'S

 

DELEGATIONS OF AUTHORITY

 

 

As adopted by Council on _________

 

 

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 partnership 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

 

 

 

 

 

 

 

(3566/2011, SF35)

Last Reviewed:16/5/2012 (Clause 15.5)

???????????????????????? ???????????? Trim 10629/2012

Last Reviewed: 31/1/2013 (whole doc)

??????????????????????????????? Trim

 
 

 

 

 


MICHAEL COULTER

GENERAL MANAGER

 

 

 

APPLICATIONS ? COUNCIL WORK

To authorise the preparation, lodgement, signing and submission on Council?s behalf of development, construction or other applications for all work undertaken by Council or on behalf of Council.

APPLICATIONS ? OWNER?S CONSENT

To sign all applications involving Council property as owner to facilitate the lodgement of applications.

APPLICATIONS ? EVENTS ON COUNCIL LAND

To approve applications for activities and events on community land.

 

APPLICATIONS ? EXTERNAL BODIES

To sign applications for works and services to be undertaken by Government Departments, utilities and the like which are required for Council?s operations.

To sign applications which are seeking grants or funding to assist Council in the delivery of services or the provision of facilities to the community.

ASSETS - DISPOSAL

To approve of the disposal of assets that a surplus to the Council?s requirements.

AUTHORISED OFFICERS

To appoint and revoke the appointment of authorised officers for the purposes of the Local Government Act 1993 and Regulations, and any other Acts or Regulations.

 

BONDS ? AGREEMENT AND RELEASE

To agree to bond unfinished work and to release bonds upon the satisfactory completion of work.

 

BUSH FIRE

To issue and serve notices and permits as prescribed by the Bush Fire Act.

 

CATTLE GRIDS

To approve or require the removal of cattle grids from Council roads.

 

CEMETERIES

To deal with all matters relating to the administration of cemeteries, in accordance with the provisions of the Local Government Act.

 

CERTIFICATION OF DEVELOPMENT

To assess and determine applications for Building Certificates, Compliance Certificates, Construction Certificates, Complying Development Certificates, Strata Certificates, Subdivision Certificates and Occupation Certificates, in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and subject to accreditation levels under the Building and Professionals Act 2005.

To issue certificates of compliance in relation to development.

 

CODES AND POLICIES

To authorise any action necessary to comply with any policy or code of the Council.

 

COMPLAINTS AGAINST ACCREDITED CERTIFIERS

To submit, on behalf of the Council, complaints against accredited Certifiers in accordance with Section 109V of the Environmental Planning and Assessment Act.

 

CORRESPONDENCE

To sign correspondence, certificates and statements on behalf of the Council.

 

 

CONSULTANTS - APPOINTMENT

To approve the appointment of consultants for special purposes where expert professional advice is required in the proper discharge of Council?s functions on the condition that the expenditure has been provided for in Council?s Operational Plan/Delivery Program.

 

COUNCIL/COMMITTEE MEETINGS ? AUTHORITY TO VARY DATES AND TIMES

To vary the schedule of meeting dates and times for meetings of Committees and the Council, when it is not practicable or desirable to hold meetings on a designated day or night.

 

DOCUMENT - CERTIFICATION

To certify documents as being originals or true copies and to verify current residency status of residents.

 

DONATIONS

To approve donations in accordance with Council?s Donations Policy subject to the concurrence of the Mayor and funds being available in Council?s budget.

 

EEO MATTERS

To implement the statutory responsibilities of the General Manager with respect to EEO matters (Local Government Act, 1993).

 

EMERGENCY SERVICES

Authorise the use of Council?s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

Authorise the sale of materials from Council stock under emergency circumstances, as considered appropriate.

Lend materials from Council stock under emergency circumstances, as considered appropriate.

 

FILMING ON COUNCIL RESERVES AND PROPERTY

To determine applications for filming or photography on Council owned or controlled land subject to the payment of any fees which may apply.

 

FINANCE ? ABANDONMENT OF SMALL BALANCES

To approve the abandonment of small year end balances up to an amount of $1.00 in relation to outstanding rates and interest charges that are considered uneconomical to pursue subject to the provisions of the Local Government Act 1993.

 

FINANCE ? BANK GUARANTEES

To approve the acceptance of bank guarantees in association with development, strata and subdivision applications or other Council requirements.

 

FINANCE ? CASHIER DISCREPANCIES

To approve discrepancies of $50 or less in cashier banking with amounts of greater than $50 to be reported to Council.

 

FINANCE ? CHEQUE SIGNING

To sign cheques on behalf of Council.

 

FINANCE ? DISCHARGE OF MORTGAGES

To discharge mortgages held by Council on condition that there is certification that all conditions of the mortgage have been met.

 

FINANCE ? EXTENSIONS OF TIME TO PAY ACCOUNTS

To approve applications for extensions of time to pay accounts where considered appropriate.

 

FINANCE ? EXPENDITURE AUTHORISATION

To authorise all expenditure and/or purchase orders within the adopted Council budget, including the payment of the salaries and wages

 

FINANCE ? INTEREST CHARGES

To approve interest charges accrued pursuant to Council?s power under S567 of the Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person?s control or payment of the accrued interest would cause personal hardship.

 

FINANCE - INVESTMENTS

To invest, in such securities as authorised under the Local Government Act and in accordance with Council?s Investment Policy, and as deemed necessary, cash and other funds of the Council which may from time to time be surplus to immediate needs, subject to a report of all Council investments being submitted to the Council on a monthly basis.

 

FINANCE ? PENSIONERS ? INTEREST CHARGES

To approve interest charges on current years rates and annual charges levied pursuant to Council?s powers under S564 of the Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

 

FINANCE ? PETTY CASH

To authorise petty cash expenditures within the adopted budget.

 

FINANCE ? PURCHASE ORDER SIGNING

To sign orders on Council?s behalf within the funds available in the adopted budget.

To sign the Sales Tax Exemption Certificate in accordance with the provisions of Clause 18 of the Local Government (Financial Management) Regulation 1993.

 

FINANCE ? RATES AND OTHER DEBTS - RECOVERY

To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council.

To approve the disconnection of the water supply to a property for non-payment of water charges and to order the reconnection to the water supply.

 

FINANCE ? RATING CATEGORIES

To determine categories for rating purposes and eligibility for rate concessions.

 

FINANCE - REFUNDS

To approve or refuse all applications for the refund of application fees, booking fees, bonds and deposits.

 

FINANCE ? SECTION 603 CERTIFICATES

To issue certificates under Section 603 of the Local Government Act 1993.

 

FINANCE ? TRAVEL EXPENSES

To authorise reimbursement of councillor and staff travel expenses incurred whilst undertaking official Council business or whilst attending a conference, training or similar activity.

 

FINANCE ? WRITING OFF DEBTS

To approve the abandonment of debts up to an amount of $5,000 in accordance with the provisions of Clause 213 of the Local Government (General) Regulation 2005.

 

FINANCE ? WAYS TO PAY ACCOUNTS

To accept proposals from banks, Australia Post and financial institutions to act as agents for Council for the collection of payment of rates and charges.


FOOD ACT 2003

To exercise the powers of the Director-General of the NSW Food Authority as the ?appropriate enforcement agency? in NSW for the purpose of the Food Standards Code, Standard 3.2.2 clauses 15 & 17 and Standard 3.2.3 clauses 10 & 14.

 

GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 ? INTERNAL REVIEWS

To determine applications for internal reviews made under the Government Information Public Access Act 2009.

 

GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 ? REQUEST FOR INFORMATION

To approve or refuse informal applications made under the Government Information Public Access Act 2009 for access to Council documents.

To approve or refuse formal applications made under the Government Information Public Access Act 2009 for access to Council documents.

To proactively release information under the Government Information Public Access Act 2009.

 

GRANTS/SUBSIDIES

To make applications for grants where, except for in-kind contributions, there is no contributory funding requirement from Council or where there is a contributory funding requirement and Council?s budget has made provision for this.

To formally accept grants.

To undertake and certify all grant acquittal requirements.

 

INFRINGEMENT (ON THE SPOT) PENALTY NOTICES

To issue on the spot penalty infringement notices in relation to any legislation within Council?s jurisdiction.

 

INSURANCE ? INSURERS CLAIMS

To authorise payment of claims against Council, subject to the acceptance of the claim by the Council?s insurer if it exceeds the Council?s excess.

 

LEGAL ADVICE

To obtain legal advice from a Solicitor or Counsel.

 

LEGAL DOCUMENTS - GENERAL

To sign any contract, lease, licence, deed, or legal or other document, where the execution of such document is necessary to meet legal or Council formalities when such relate to the Council?s normal business activities.

 

LEGAL DOCUMENTS ? SERVICE

To accept service of documents on behalf of Council.

 

LEGAL PROCEEDINGS

To authorise the issue of Court attendance notices, application notices, subpoenas, the laying of any information or the making of any complaint for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act of instrument which empowers such action to be taken by Council, or its employees and to issue such Court attendance notices, application notices, subpoenas or to lay any such information or make any such complaint.

To order the institution of proceedings for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act or instrument which empowers such action to be taken by Council.

To represent Council in all respects in any proceedings in any Court or Inquiry.

To institute any legal proceedings.

To instruct Council?s solicitors and other legal representatives in the conduct of any action, suit or other legal proceedings in any court.

To authorise legal and other representation of Council in any legal proceedings.

LIQUOR ACT & REGISTERED CLUBS ACT

To exercise delegated authority on behalf of the Council in respect to matters arising from processes required by the Liquor Act and Registered Clubs Act.

 

LOAD LIMITS

To stop vehicles on public roads, check the tare weight of such vehicles and determine whether such vehicles comply with any load limit imposed upon the road.

 

LOCAL GOVERNMENT ACT

To authorise action so as to comply with any provision of the Local Government Act.

 

LOCAL APPROVALS - INFRASTRUCTURE

To grant local approvals contained in Section 68 of the Local Government Act, 1993, necessary to provide the public and private works and services approved by Council in the adopted budget (operational plan).

 

LOCAL APPROVALS, CONSENTS AND CERTIFICATES ? ASSESSMENT OF DETAILS

To assess applications, subject to compliance with the term of the approval and Local Government legislation including structural engineering details, mechanical ventilation, fire safety and construction details and details submitted to comply with an approval.

 

LOCAL APPROVALS

To undertake all of the functions contained in Chapter 7 of the Local Government Act, 1993 for the assessment and determination of applications for activities as contained in the Table to Section 68 of the Act.

 

LOCAL APPROVALS ? SECTION 82 OBJECTIONS

To exercise the functions of the Council in relation to the assessment and determination of objections under Section 82 of the Local Government Act 1993.

 

MEDIA RELATIONS

To answer questions from the media and to make media statements on behalf of Council

To make or authorise media releases on all matters to do with Council, provided that the concurrence of the Mayor is obtained.

 

MOTOR VEHICLES ? PRIVATE LEASEBACK AND COMMUTER USE BY COUNCIL STAFF

To approve applications from employees to participate in Council?s leaseback motor vehicle policy, including commuter use, and to execute the appropriate standard written agreement.

 

NOTICES AND REGULATORY ORDERS

To issue or serve notices and/or orders under the Environmental Planning and Assessment Act 1979; Local Government Act 1993; Public Health Act 1991; Food Act 2003; Protection of the Environment Operations Act 1997; Swimming Pools Act 1992; Noxious Weeds Act 1993; Roads Act 1993; Impounding Act 1993; Companion Animals Act 1998; Waste Avoidance & Resource Recovery Act 2001; Environmental Penalties and Offences Act; Trees (Disputes Between Neighbours) Act 2006 or any other Acts which Nambucca Shire Council is required by law to administer.

 

PLANNING CONTROL ? DEVELOPMENT ASSESSMENT

To determine development applications under Part 4 of the Environmental Planning and Assessment Act having regard to the relevant environmental planning instruments, development control plans and Council policies, with the exception of:

1.? Applications which have been ?called in? by Council

2.? Applications on land owned or under the care and control of Council where objections are unresolved.

 

PLANNING CONTROL ? OUTDOOR DINING

To determine applications for approval to operate outdoor dining under the Roads Act 1993 and the execution of any agreement.

 

 

PLANNING CONTROL ? PART 5 ACTIVITIES

To exercise the functions of Council in determining whether an environmental impact statement is required.

To exercise the functions of Council under Part 5 of the Environmental Planning and Assessment Act in granting or refusing approval to a proposed activity.

 

PLANNING CONTROL ? RECEIPT OF AMENDED PLANS

To agree to the amendment of a development application before determination in accordance with Clause 48A of the Environmental Planning and Assessment Regulation.

 

PLANNING CONTROL ? SECTION 82A REVIEW OF DETERMINATION

To determine applications for the review of a determination of a development application under Section 82A of the Environmental Planning and Assessment Act 1979.

 

PLANNING CONTROL ? SECTION 96 MODIFICATION OF CONSENTS

To determine applications for the modification of a development consent under Section 96 of the Environmental Planning and Assessment Act 1979 with the exception of:

1.? Applications which have been ?called in? by Council

2.? Applications on land owned or under the care and control of Council where objections are unresolved.

 

PLANNING CONTROL ? SEPP 1 OBJECTIONS

To exercise functions of the Council in relation to the assessment and determination of objections under State Environmental Planning Policy No. 1.

 

PLANNING CONTROL ? SECTION 149 (ZONING) CERTIFICATES

Issue Section 149 zoning certificates.

 

PLANNING CONTROL ? STRATA SUBDIVISIONS

To determine applications for strata subdivision.

 

PLANNING CONTROL ? SUBDIVISION CERTIFICATES

To issue subdivision certificates under the Environmental Planning and Assessment Act.

 

PLANNING CONTROL ? SUBDIVISION MATTERS

Certify that bonded works have been completed to Council?s satisfaction (including maintenance period) and then release or reduce the relevant bond.

Vary, modify or release restriction to users and/or covenants created by Section 88B instruments in relation to subdivisions and to fix the common seal of Council.

 

PLAN MAKING ? LOCAL ENVIRONMENTAL PLANS

To undertake all functions delegated to Council except for the resolution to prepare a local environmental plan and whenever Council receives public submissions in response to the advertising of a draft local environmental plan, that those submissions be reported to Council.

 

PLANT DISPOSAL

To dispose of surplus Council plant by auction.

 

PLANT REPLACEMENT

To replace plant in accordance with Council?s adopted plant replacement program and Council?s policies.

 

PRIVACY & PERSONAL INFORMATION PROTECTION ACT - APPLICATIONS

To determine applications made under the Privacy and Personal Information Protection Act 1998.

 

PROPERTY ? LEASING

To authorise the leasing or licensing of Council property at market rates.

 

PROPERTY ? USE OF

To approve or refuse the use of Council buildings and to charge a fee, if applicable.

To approve the lending of Council equipment to community groups and service clubs.

 

PROPERTY ? SALE OF LAND

To sign any contract for sale of land where such land is sold by auction, in pursuance of a resolution of Council to sell such land.

 

PROTECTED DISCLOSURES ACT

To accept disclosures in accordance with the provisions of the Protected Disclosures Act, 1994.

 

PUBLIC OFFICER

To perform the functions of the Public Officer in accordance with the Local Government Act 1993.

 

PUBLIC RESERVES AND PLAYING FIELDS

To approve, approve with conditions, or refuse applications for permission to use public reserves and playing fields, and for the casual and seasonal hiring and use of reserves and playing fields under the care, control and management of Council, subject to the payment of any applicable hiring charges.

To approve the refund of hiring fees, where, due to circumstances beyond the control of the hirer, the use of the reserve or playing field was impossible.

 

PRIVATE PROPERTY ? ENTRY AND INSPECTION

To enter and examine at any reasonable hour, any premises within the Local Government Area for any purpose relating to the administration of the Local Government Act 1993, the Environmental Planning and Assessment Act 1979, the Public Health Act, the Food Act 1989, the Protection of the Environment Operations Act 1997, Swimming Pools Act 1992, Companion Animals Act 1998, Strata Schemes Management Act 1996, Waste Avoidance & Resource Recovery Act 2001 and all other Acts which Nambucca Shire Council is required by law to administer.

 

PRIVATE WORKS

To authorise the use of Council staff, plant, equipment and contractors to carry out private works.? Also to carry out works for Government Departments and statutory bodies upon receipt of an order.? Any authorisation in relation to private works is subject to the provisions of Council's Code of Conduct.

To hire out Council?s plant at charges approved by the Council.

 

RECORDS - DISPOSAL

To authorise the disposal of Council?s records in accordance with statutory limitations and the adopted disposal schedule.

 

ROADS ACT 1993

To approve, approve subject to conditions, or refuse applications under Section 138 of the Roads Act 1993, for work in, on or over the road reserve.

To approve any civil works within the road reserve.

 

ROADS, FOOTPATHS & PUBLIC PLACES

Determine where additional street lights are to be installed or existing lights upgraded within the limits of funds voted by Council.

Approve parking of mobile display caravans in public streets and places where the caravans display information from government organisations.

Approve the naming of new roads within subdivisions on historical, Aboriginal, prominent or famous people or a particular theme, provided such names are not the name of the subdivider or those of living persons.

To close roads, footpaths and public places, temporarily for repairs, construction or for public activities.

 

SEAL

To affix the seal of Council to a document in accordance with a Council resolution.

 

STREET NUMBERING

To determine the street number of properties.

To issue orders requiring persons to identify premises under Section 124 of the Local Government Act 1993.

 

STAFF

To authorise, approve and determine all matters in regard to staff except for the appointment of Assistant General Managers and the adoption of Council?s organisation structure.

 

STAFF - REDUNDANCY

To enter into redundancy arrangements with staff through organisational restructuring and other changes agreed to by Council.

 

STAFF ? TRAINING PLAN

To approve staff training in accordance with Council?s budget allocation and the staff training plan.

STREET LIGHTING

To approve the replacement of street lamps or variation in wattage or type of street lamps in accordance with proposals submitted by the energy provider.

To approve applications being made for improved street lighting and the acceptance of charges in respect thereof.

 

STREET PROCESSIONS, ETC

To approve, subject to Police requirements and any appropriate conditions or refuse, applications for permission to hold street processions, marches, fun runs and the like on public roads.

 

STREET STALLS, COLLECTIONS, ETC

To approve, with or without conditions, or refuse applications for door knock appeals and any applications for the solicitation or collection in any public road or place of gifts of money or subscriptions for any purpose.

To issue permits, with or without conditions, or refuse applications made by charitable and non-profit organisations, churches and the like, for the conduct of street stalls.

 

TEMPORARY OCCUPATION

Give approval to occupy a caravan on-site where an application for a construction certificate for a dwelling has been approved and buildings under construction have reached the ground floor level and toilet and washing facilities have been provided.? Approval shall be for a maximum period of 6 months.

 

TENDERS - OPENING

To act as the appropriate person in accordance with the Local Government (Tendering) Regulation 1993 for the opening of tenders received in Council?s tender box.

 

TENDERS ? CALLING OF

To call tenders on Council?s behalf.

 

TENDERS ? EXTENSION OF CLOSING TIME

To extend the closing time for the lodgement of tenders where warranted.

 

TENDERS - METHOD

To determine the method of tendering as prescribed in Clause 166 of the Local Government (General) Regulation 2005.

 

TREE - REMOVAL

In accordance with any applicable Council policy, authorise the removal of trees considered to be dead, dying or dangerous or which could have a detrimental effect on Council?s infrastructure.

 

TRAFFIC MATTERS

To exercise or perform on behalf of the Council, such powers, duties and responsibilities as are delegated from time to time to the Council by Roads and Maritime Services pursuant to the powers conferred by the Traffic Administration Act, 1998.

 

VALUATION APPEALS

To represent the Council, or to appoint a suitable representative to appear before the Land and Environment Court at any hearings of objections against valuations of properties in the local government area.

 

WATER RESTRICTIONS

In consultation with the Mayor, to determine and implement water restrictions as appropriate.

 

WEEDS

All functions in relation to the control of weeds, including the service of notice on property owners for the control of weeds.

 

WORKS - URGENT

To approve work to a maximum cost of $10,000 which is considered urgent and in the public interest and for which there is no budget provision but where funds are available within the overall vote for the particular section.

 

 


Ordinary Council Meeting - 28 February 2013

General Manager - Review of Delegations of Authority

 

 

 

GENERAL MANAGER'S

 

DELEGATIONS OF AUTHORITY

 

As adopted by Council on 16 December 2010

 

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 partnership 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

 

 

 

 

 

 

 

 

 

(3566/2011, SF35)

Last Reviewed:16/5/2012 (Clause 15.5)

???????????????????????? Trim 10629/2012

 
 

 


MICHAEL COULTER

GENERAL MANAGER


 

1??????? ADMINISTRATION ? GENERAL

 

1.1?????? To sign all applications addressed to the Registrar General to record the Council as the registered owner of resumed land.

 

1.2?????? To release any accounting or financial record of the Council where circumstances seem to the General Manager to warrant such action.

 

1.3?????? To sign cheques and investment instructions on behalf of Council.

 

1.4?????? To authorise the supply of documents to members of Council, where such members request copies of documents that have been dealt with by Council through its meetings or have been dealt with by staff under delegated authority.? The supply of such documents must be in accordance with any legislation relevant to the disclosure of information.

 

1.5?????? To destroy or dispose of records of Council, after the expiration of six years from the last transaction thereon, other than those defined in the Regulation subject to:

 

????????? Any record relating to accounts not being so destroyed or disposed of unless the Council?s auditors should have previously certified in writing that such record or paper is of no value

????????? Any other record not being so destroyed or disposed of unless the General Manager shall have previously certified in writing that such record or paper is of no further value

 

1.6?????? To prepare and circulate Council?s Annual Report to residents in accordance with the Local Government Act 1993.

 

1.7?????? To deal with applications under the Freedom of Information Act 1989 and the Government Information (Public Access) Act 2009 and determine such applications.

 

1.8?????? Authority to issue photo identification cards to staff where appropriate.

 

1.9?????? To accept proposals from financial institutions and Post Offices operating in the area to act as agents for Council for the collection of payment of rates and charges.

 

1.10???? To accept service of documents on behalf of Council.

 

1.11???? To extend or renew approvals in accordance with the provisions of Section 107 of the Local Government Act (operation of sewage management systems).

 

1.12???? Authority to supply information which is readily available upon request.

 

1.13???? Sign correspondence.

 

1.14???? Act as compliance officer for the purposes of the Trade Practices Act.

 

1.15???? Approve applications for activities and events on community land.

 

2????????? ADMINISTRATION ? EXECUTION AND DOCUMENTATION

 

2.1?????? The release of caveats and execution of deeds upon appropriate certification by the relevant Council Director.

 

2.2?????? Attach Council?s seal to documents in accordance with the requirements of Clause 400 of the Local Government (General) Regulation 2005.

 

3????????? ADVERTISING

 

3.1?????? Approve the erection of under awning signs, top hamper signs and fascia signs.

 

4????????? AUTHORISED OFFICER

 

4.1?????? To act as an authorised officer pursuant to the following Acts and Regulations (as amended):

??????????? Public Health Act, 1991

??????????? Public Health Regulation, 1991

??????????? Food Act 2003 and Regulations

??????????? Companion Animals Act 1998 and Regulations

??????????? Crown Lands Act, 1989

??????????? Roads (General) Regulation, 1994

??????????? Roads Act, 1993

??????????? Traffic Act, 1909

??????????? Swimming Pools Act, 1992

??????????? Protection of the Environment Operations Act, 1997 and Regulations

 

4.2?????? The functions of the Public Officer in accordance with the Local Government Act 1993.

 

5????????? BUILDING CONTROL AND BUILDING SITES

 

5.1?????? Approve or reject applications for complying development certificates and construction certificates generally, including applications where development approval has already been given by Council or approved under delegated authority, provided the plans comply in all respects with those submitted with any development application.

 

5.2?????? To determine Building Certificates in respect of buildings.

 

5.3?????? To determine applications for objections to the regulations and local policies, pursuant to Section 82 of the Local Government Act, in concurrence with the Director General, Department of Local Government or in accordance with any delegations provided to Council.

 

5.4?????? To exercise the discretionary provisions of the Local Government Act, 1993, the Local Government (Approvals) Regulation 1993 and the Building Code of Australia.

 

5.5?????? Give approval to occupy a caravan on-site where an application for a construction certificate for a dwelling has been approved and buildings under construction have reached the ground floor level and toilet and washing facilities have been provided.? Approval shall be for a maximum period of 6 months.

 

5.6?????? Upon certifying that bonded works have been completed to Council?s satisfaction, release the relevant bond.

 

5.7?????? Approve or refuse the placing of flags and bunting over private property including buildings.

 

5.8?????? To issue Certificates of Compliance for swimming pools under the Swimming Pools Act 1992.

 

5.9?????? To determine applications for exemptions under the Swimming Pools Act 1992.

 

5.10???? Authority to give notice to adjoining property owners of applications in accordance with the provisions of Section 114 of the Local Government Act 1993.

 

5.11???? In accordance with the Local Government Act and Environmental Planning and Assessment Act, reject any application within 7 days after receipt if it is not clear and easily legible.

 

5.12???? Request applicant to give more information that is necessary to enable proper determination of an application under the Local Government Act and Environmental Planning and Assessment Act.

 

5.13???? To approve of refunds being made of part of the fee paid in respect of applications which have been rejected or where the proposal is not to proceed and the appropriate plans and specifications are returned.

 

5.14???? To approve applications to erect fences.

 

6????????? CEMETERIES

 

6.1?????? To deal with all matters relating to the administration of cemeteries, in accordance with the provisions of the Local Government Act.

 

7????????? COMMUNITY GROUPS

 

7.1?????? Approve the lending of Council equipment to community groups and service clubs.

 

8????????? DEVELOPMENT MATTERS

 

8.1?????? To authorise the lodgement of a development application on land owned or controlled by Council.

 

8.2?????? Deal with letters of notification submitted by the Workcover Authority on applications received for the issue of licences.

 

8.3??????? In respect of the processing of draft LEP?s and to the extent permitted by the Act, Regulation and Council policy, to:

 

(a)??????? determine matters that a planning proposal shall have regard to (subject to any specifications from the Department of Planning);

(b)??????? determine the public authorities or bodies, other Councils and such other persons with whom to consult (subject to any specifications from the Department of Planning);

(c)??????? determine the form, manner, place/s and timing for public exhibition of (any) Planning Proposal and draft LEP (subject to any specifications from the Department of Planning);

(d)??????? make appropriate changes to any Planning Proposal as a result a gateway determination made by the Department of Planning under Section 56 of the Act.

(e)??????? confirm to the Department of Planning that any minor changes to draft LEP?s conform generally to those adopted by Council, ie for insignificant changes such as different wording required by the Parliamentary Draftsman;

(f)???????? prepare planning proposal associated with any draft LEP?s prepared under Section 55 of the Environmental Planning and Assessment Act in accordance with any delegations from the Department of Planning which may exist at the time;

(g)??????? Report to the Minister on the result of any public consultation and public hearing related to a planning proposal and LEP?s, under Section 59 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time;

(f)???????? Report to the Minister on draft LEP?s, under Section 59 of the Environmental Planning and Assessment Act, 1979, in accordance with any delegations from the Department of Planning which may exist at the time.

 

8.4?????? For all functions of the Council or a consent authority in carrying out all the functions imposed/or conferred by Part 4 and Part 4A of the Environmental Planning and Assessment Act, 1979 with respect to applications pursuant to Section 80 of the Act, with the following exceptions:

 

(a)??????? There is a request to vary an LEP or DCP standard and there is inadequate justification for such variation.

(b)??????? There is a proposed variation of greater than 10% to a maximum height standard or maximum density standard.

(c)??????? There is a proposed variation of greater than 10% to a minimum lot size standard.

(d)??????? The development application has been ?called in? by Council.

(e)??????? Applications on land owned or under the care and control of Council.

 

Provided that where refusal of an application is proposed the applicant has been advised in writing, and offered the following options:

 

To withdraw the DA; or

To amend the DA,

 

8.5?????? The power to take injunction proceedings to cause the cessation of unauthorised activities and if necessary, to cause restoration works to take place.

 

8.6?????? Issue Section 149 zoning certificates.

 

8.7?????? Authority to approve an ?activity? once an environmental review has determined that such activity is not likely to significantly affect the environment.

 

8.8?????? Allow deferral of development contributions in accordance with the Council policy applicable at the time.

 

9????????? DISCHARGE OF MORTGAGES

 

9.1?????? Authority to discharge mortgages held by Council on condition that Council?s Manager Financial Services certifies that all conditions of the mortgage have been met.

 

9.2?????? The authority exercised under this delegation be reported to Council.

 

10??????? EMERGENCY SERVICES

 

10.1???? Authorise the use of Council?s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

 

10.2???? Authorise the sale of materials from Council stock under emergency circumstances, as considered appropriate.

 

10.3???? Lend materials from Council stock under emergency circumstances, as considered appropriate.

 

10.4???? Authorise participation of Council staff on the Local Emergency Management Committee.

 

11??????? ENTRY ONTO PROPERTY

 

11.1???? Authority to enter any premises in order to enable Council to exercise its functions under: Local Government Act 1993;? Roads Act 1993;? Public Works Act 1912;? Noxious Weeds Act;? Swimming Pool Act 1992;? Environmental Planning and Assessment Act 1979;? Protection of the Environment Operations Act 1997;? Environment Protection and Biodiversity Conservation Act 1999;? Impounding Act 1993;? Companion Animals Act 1998;? Surveyors Act 2002;? Food Act 1998;? Public Health Act 1989.

 

12??????? ENVIRONMENT AND POLLUTION

 

12.1???? Consider the likely environmental impact of any activity proposed by Council as required by Part V of the Environmental Planning and Assessment Act and to determine whether or not that activity is likely to significantly affect the environment.? Generally act on Council?s behalf in matters of any kind, or in any manner, in relation to premises other than scheduled premises, under the provisions of the Protection of the Environment Operations Act 1997, and when appropriate, serve permissible notice under such Acts.

 

13??????? EXPLOSIVES

 

Not applicable.

 

14??????? FINANCE ? DEBT RECOVERY

 

14.1???? To approve the disconnection of the water supply to a property for non payment of water charges and to order the reconnection to the water supply, in cases where financial hardship prevents the repayment, in full, of the outstanding amounts.

 

15??????? FINANCE ? EXPENDITURE AND AUTHORISATION

 

15.1???? Authorise the payment of the salaries and wages of the servants of the Council within the sums voted by the Council for expenditure thereon.

 

15.2???? Authorise any work which, in the General Manager?s opinion is urgent, at a cost not exceeding $5,000 or such other limit beyond that amount as the Council may determine, and shall ensure that the amount for any work so authorised is submitted for payment by the Council in the same way as other accounts for goods and services against the Council.

 

15.3???? To obtain quotations and authorise the purchase of equipment, goods and services up to the value of $1,000 at any one time on items not covered by existing votes.

 

15.4???? To authorise the payment of subsidies to various organisations as provided in each year?s adopted budget.

 

15.5???? To write off accounts of less than $1,000.00 where every effort has been made to secure payment.

 

15.6a?? To prepare requisitions for goods and services.

 

15.6b?? Authorise orders for goods and services on behalf of Council within the limits of approved funds as set out in the budget.

 

15.7???? Purchase small items of miscellaneous plant for use by Council?s workforce, within the approved allocation set by Council, where the cost of the individual items of small plant does not exceed $10,000.

 

15.8???? To concur with consultant proposals and tenders invited by State Government Departments when acting as project manager on Council?s behalf, and when the funds have been voted, the costs are less than $15,000 and Council has endorsed the brief.

 

15.9???? To invite tenders in accordance with the requirements of the Local Government Act in respect to works and services, provided that due provision has been made in the approved estimates for the incurring of such expenditure or the incurring of such expenditure is otherwise authorised.

 

15.10?? To respond to ratepayer?s requests within the constraints of the budget.

 

15.11?? To be authorised to check and certify accounts against the Council.

 

15.12?? To engage consultants to assist with Council infrastructure projects (roads, bridges, water, sewerage, drainage and buildings only) where funds for the project have been approved, the project has been approved by Council and the cost of the consultancy does not exceed $150,000 are available, the project has been approved by Council and the cost of the consultancy does not exceed $150,000.

 

15.13?? To approve the payment of travelling and sustenance expenses to Council members and staff, in accordance with Council?s policy.

 

15.14?? To sign PAYG Statement of Earnings, tax stamps and separation certificates or copies thereof.

 

16??????? FINANCE GENERAL

 

16.1???? To permit speedy payment, to formally accept grants, as provided for in Council?s annual budget.

 

16.2???? With regard to discrepancies in cashier banking, to determine amounts of $50 or less; amounts of greater than $50 to be reported to Council.

 

16.3???? Refund trust fund deposits, including contract deposits on the recommendation and certification of the appropriate Council officer.

 

16.4???? Certify that the prices and computations on vouchers have been checked and are correct and in as far as can be ascertained, are fair and reasonable, and are in accordance with any quotation/contract under which the goods/services are supplied.

 

16.5???? To approve applications for extensions of time to pay accounts against the Council, if considered appropriate.

 

16.6???? To invest any surplus of funds of the Council when and where considered advantageous to Council, provided investments shall only be made in accordance with the provisions of the Local Government Act and Council?s policies.

 

16.7???? Make (but not accept) applications for grants.

 

16.8???? Accept applications for grants which are either fully funded by the funding authority or where a co-contribution is required to be made by Council and that co-contribution has been approved by Council in the Management Plan or otherwise.

 

16.9???? To transfer Council funds electronically after approval by the Accountant.

 

16.10?? To download Council?s bank statements.

 

16.11?? To download records of payments into the appropriate financial systems.

 

16.12?? To handle Council?s petty cash monies.

 

17??????? FINANCE ? RATES AND EXTRA CHARGES

 

17.1???? To make alterations or amendment to the rate books or valuation books and initial such alterations and amendments as necessary, under the provisions of the Local Government Act 1993.

 

17.2???? To abandon rates in accordance with the Section 582 of the Local Government Act, 1993 as amended and make application for subsidy toward pensioner rebates.

 

17.3???? To determine whether land is used or occupied solely as a site of a single dwelling house for the purposes of Section 585 of the Local Government Act 1993.

 

17.4???? To inspect land for rating purposes in accordance with Section 524 of the Local Government Act 1993.

 

17.5???? Authority to determine categories for rating purposes and eligibility for rate concessions.

 

18??????? GENERAL MATTERS

 

18.1???? Carry on the regular services and operation of the Council within the sums voted by the Council for expenditure thereon, and in accordance with the resolutions of the Council.

 

18.2???? Authorise action to be taken to comply with any policy of Council or any provision of the Local Government Act.

 

19??????? HEALTH

 

19.1???? To issue immunisation certificates in accordance with the Public Health Act 2001 and Regulations.

 

19.2???? To appoint authorised officers subject to the provisions of Section 114 of the Food Act 2003.

 

19.3???? To initiate legal proceedings for breaches of the Food Act, 2003 and regulations.

 

20??????? IMPOUNDING AND ANIMALS

 

20.1???? Act in the capacity of Impounding Officer in accordance with the provisions of the Impounding Act 1993.

 

20.2???? Act in the capacity of Registrations Clerk in order to satisfy the provisions of Section 23(a) of the Companion Animals Act 1998 and Regulations.

 

20.3???? To receive companion animals into the Companion Animals Pound.

 

20.4???? Under the Companion Animals Regulation 1999 to authorise those Council staff members to be authorised identifiers on the following conditions:

??? That the person has had training in the insertion of microchips in companion animals and is competent in being able to do so;

??? That the person being authorised can only implant microchips into animals held at the Council pound.

???

21????? LICENCES AND PERMITS

 

21.1?? Determine approvals under Section 68 of the Local Government Act 1993.

 

21.2???? Consider liquor licence applications and lodge an objection under the Liquor Act, where such objection is warranted.

 

22??????? LEGAL ACTION AND FINES

 

22.1???? To present information at any court exercising jurisdiction in New South Wales in relation to legal matters for which prosecution is authorised by Council and to give evidence as required on behalf of Council.

 

22.2???? Institute legal proceedings for unauthorised dumping of rubbish.

 

22.3???? Institute legal proceedings for the dumping of litter where on the spot fines are unpaid within the prescribed period.

 

22.4???? Lay or make any information or complaint for or on behalf of Council.

 

22.5???? Under Section 687 of the Local Government Act, 1993, as amended, to represent Council in all proceedings in any Court or before any Justice in all respects as though the General Manager is the party concerned and to institute and carry on any proceedings which the Council is authorised to institute and carry out and this shall extend to any proceedings under all other Acts

 

22.6???? To authorise the institution of legal proceedings for the recovery of outstanding rates and other debts due to Council and to take all necessary action to recover such rates or debts.

 

22.7???? Issue notices requiring cessation of illegal and unauthorised uses within a limited period (this does not authorise the taking of legal action and would still be necessary for such matters to be referred to Council for the action to be authorised).? Where such legal action has been resolved to be taken, authority is provided to present information and provide evidence for legal action required pursuant to the Environmental Planning and Assessment Act 1979.

 

22.8???? Authority to act on Council?s behalf in cases where recovery efforts prove fruitless and Court proceedings have to be instituted provided any cases of hardship be reported to Council before any legal action is taken.

 

22.9???? To initiate legal proceedings for offences against the Companion Animals Act 1998 and Regulations.

 

22.10?? To initiate legal proceedings for breaches of the Food Act, 2003 and Regulations.

 

22.11?? To initiate legal proceedings for offences under Chapter 16 Part 3 of the Local Government Act 1993 (water, sewerage and stormwater drainage offences).

 

22.12?? To initiate prosecutions in the Local Court for breaches of any legislation regulated by Council.

 

22.13?? To serve penalty notices under Section 127A of the Environmental Planning and Assessment Act 1979.

 

22.14?? Following consultation with the Mayor, to enter into agreements to resolve legal proceedings with such agreements to be reported to the next meeting of Council.

 

23??????? MEETINGS AND ASSOCIATED MATTERS

 

23.1???? To limit the number of persons within the Council Chambers in order to prevent any obvious overcrowding.

 

23.2???? Authority to, after consultation has been held with the relevant Committee Chairperson, to cancel a meeting of a Committee when there is insufficient business to warrant holding a Committee meeting.

 

24??????? NOTICES AND ORDERS

 

24.1???? Authorise the service of notices on property owners whose properties are infested with noxious weeds.

 

24.2???? Serve any notices under the Public Health Act or any other Act administered by Council which the General Manager deems necessary in regard to premises and unsanitary conditions, and if not complied with in the given period, a final notice giving fourteen (14) days to comply will be served.? If compliance is not then secured, a notice to show cause in writing within 7 days as to why legal proceedings should be taken shall be served.? If compliance is not then secured, the matter shall be referred to Council for legal proceedings.

 

24.3???? Under the Protection of Environment Operations Act 1997 authority to issue on the spot fines.

 

24.4???? To issue on the spot penalty infringement notices for parking on footpaths.

 

24.5???? To issue on the spot penalty infringement notices as set out in the appropriate Acts and Regulations in matters relating to:-

??? Illegal camping

??? Exceeding load limits

??? Obstructions on footpaths

??? Street trading

??? Miss-use of fixed hoses

??? Companion animals

??? Parking offences committed within Council controlled carparks which relate to parking within prohibited areas and for obstructing traffic within parking areas

??? Uncovered loads

??? Allowing loose material to fall onto the road

??? Beach driving offences

??? Non-compliance with a Council sign or notice.

 

24.6???? To administer and serve notices of intention to serve orders and to serve orders in the circumstances that are indicated in the table to Section 124 of the Local Government Act 1993.

 

24.7???? To administer and service notices of intention to serve orders, to serve orders and infringement notices, as appropriate and to take action, as circumstances warrant, in relation to the following Acts:

??? Public Health Act, 1991

??? Swimming Pools Act 1992

 

25??????? PARKS, RESERVES AND CROWN LAND

 

25.1???? Approve (subject to conditions) or refuse, the use of parks, playing and sports areas by organisations or individuals in situations where a development consent is not required.

 

25.2???? Appointment of authorised officers submitted by the Local Surf Life Saving Clubs, to enforce the provisions of the Local Government Act (Section 681) for the purposes of controlling and impounding water based recreational equipment (surf boards, jet skis, wave skis etc).

 

25.3???? Sign on Council?s behalf, licence and deed of indemnity documents in relation to Council?s lifeguard service at any beaches not under Council?s control.

 

26??????? PRIVATE WORKS

 

26.1???? Authorise use of Council's work staff, plant, equipment and contractors to carry out private works where the full estimated cost of the work is paid in advance and where such works will not adversely affect Council's work schedules or cause a financial loss.? Also, carryout works for Government departments and statutory bodies upon receipt of an official order.? Hire out Council's plant at charges approved by Council.? Any authorisation in relation to private works is subject to the provisions of Council's Code of Conduct..

 

27??????? PUBLIC RELATIONS

 

27.1???? To make or authorise media releases on all matters to do with Council, provided that the concurrence of the Mayor is obtained.

 

27.2???? To answer questions and make statements to the media on all matters to do with Council.

 

28??????? ROADS, FOOTPATHS AND PUBLIC PLACES

 

28.1???? To approve (subject to conditions), or refuse and control and regulate applications for the conduct of doorknock appeals within the area, in accordance with any Council policy.

 

28.2???? To approve (subject to conditions), or refuse, street stalls, button days or street buskers in the area.

 

28.3???? Approve (subject to conditions) or refuse, use of public roads for walkathons, motor car trials, charitable collections or other like events.

 

28.4???? Order the removal of obstructions on roads or public places where such obstruction constitutes a public danger.

 

28.5???? Close roads, or parts thereof, temporarily for repairs or construction or for public activities.

 

28.6???? Approve the advertising of proposed road levels.

 

28.7???? N/A

 

28.8???? Approve parking of mobile display caravans in public streets and places where the caravans display information from Government Departments.

 

28.9???? Negotiate and ensure payment of the charge for the restoration of trenches and openings in roads and/or footpaths where the constructing authority or firm has caused damage or interference.

 

28.10?? Manage cattle grids on Council roads in rural areas in accordance with any Council policy.

 

28.11?? Approve the placement of direction signs within road reserves in accordance with RTA guidelines.

 

28.12?? Approve banners over public roads and reserves in accordance with any Council policy.

 

28.13?? Decide on changes to footpath paving in consultation with adjoining property owners and the Access Committee..

 

28.14?? Approve applications to install pipelines with road reserves.

 

28.15?? Approved naming of new roads in accordance with Council's Road Naming Policy.

 

28.16?? Exercise control over street food hawking, the erection of tents on private land, lighting of fires in public places, the exercising of greyhounds on roads or public places.? If compliance is not secured within a reasonable period, the matter shall be referred to Council for authority to institute legal action.

 

28.17?? Issue on the spot infringement notices for unauthorised street trading.

 

28.18?? Be responsible for the implementation and control of numbering of properties.

 

28.19?? Issue orders requiring persons to identify premises under Section 124 of the Local Government Act 1993.

 

28.20?? Under Section 125 of the Roads Act 1993, grant approval for an outdoor dining area in accordance with Council?s policy (if any).

 

28.21?? Under Section 125 of the Roads Act, 1993, to execute any deed of guarantee that is required to be entered into as part of an Outdoor Dining Approval.

 

29??????? SEPTIC TANKS

 

29.1???? Approve, subject to conditions, or refuse the installation of septic tanks and chemical closets.

 

30??????? STAFF

 

30.1???? To determine applications for leave, including leave without pay.

 

30.2???? To extend the closing time for submission of job applications where, in the General Manager?s opinion, circumstances warrant such extension.

 

30.3???? To issue references under seal to staff who have completed at least ten years continuous and satisfactory service with Council.

 

30.4???? Deal with all industrial disputes, but not to commit Council to any additional expenditure resulting from changed conditions.

 

30.5???? Appoint a staff member to act as General Manager during periods of absence of the General Manager.

 

30.6???? To reclassify staff and adjust salaries in accordance with Council?s human resources management policies.

 

30.7???? Where required for operational reasons, to approve, subject to conditions, an employee driving a motor vehicle, truck or plant item to and from his place of residence to the work site.

 

30.8???? Approve applications for education and training in accordance with Council?s policies

 

30.9???? To adjust the salaries and wages of staff in accordance with the Local Government State Award and Council?s Policies.

 

30.10?? To enter into redundancy arrangements with staff where through restructuring and other changes agreed to by Council, such staff become redundant provided redundancy payments do not exceed the entitlement under the award up to a maximum of 34 weeks.

 

30.11?? To determine the allocation of communication devices (mobile telephones, 2 way radios and the like) to Council staff.

 

30.12?? To determine the use of overtime and/or the provision of time in lieu provided that any such approval can be funded from the available allocation for wage and salaries or untaken leave entitlements.

 

30.13?? To recommend, authorise and approve applications from staff for accreditation under the provisions of the Building Professionals Act 2005 and Regulation 2007.

 

31??????? SUBDIVISION MATTERS

 

31.1???? Not applicable.

 

31.2???? Not applicable..

 

31.3???? Grant development consent to subdivisions and consolidation of properties in accordance with Council?s policies.

 

31.3???? Authorise registration of plans of subdivision or release of subdivision certificates when all conditions of relevant approvals have been complied with.

 

31.3???? Authorise registration of plans of subdivision when all conditions of relevant approvals have not been complied with, subject to:

??? Provision of a cash security or suitable alternative to guarantee satisfactory completion of engineering works and maintenance period

??? Work to be in hand and no less than 25% complete

??? Bond to be for a maximum period of one year

??? Bond not to be accepted until major engineering problems overcome

??? Security to be for full contract value of outstanding works plus 10% of contract price to cover maintenance, plus 20% of value of outstanding work to cover variations

 

31.4???? To sign plans of subdivision and issue subdivision certificates upon certification by Council staff that all Council requirements have been complied with or that satisfactory bonding arrangements have been entered into.

 

31.5???? To vary restriction as to users created by Section 88B instruments in relation to subdivisions and to fix the common seal of Council.

 

32??????? TENDERS

 

32.1???? To open and record tenders in accordance with the requirements of the Local Government Act and Regulations and Council?s internal controls.

 

33??????? TREES

 

33.1???? Authorise the removal of trees on Council owned or controlled land which are considered by the General Manager to be dying, dead, or dangerous or which could have a detrimental effect on Council?s utilities or adjoining private property.

 

34??????? TRADE SHOWS

 

34.1???? Authorise attendance of persons at Trade Shows and the like.? (A concise and complete budget for the specific item is to be presented; such budget to include, where appropriate, provision for meeting, travelling, accommodation and other appropriate expenses of any staff and volunteers involved).

 

35??????? WATER

 

35.1???? To implement water restrictions in the Nambucca Local Government Area to level 1 and 2 only.

 

35.2???? To grant licences, subject to conditions, where applications are received in writing and the applicant can clearly demonstrate a financial loss or hardship if not granted some limited exemption to water restrictions that may be imposed.

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

General Manager's Report

ITEM 9.3????? SF1817??????????? 280213???????? Number of River Studies last 25 Years

 

AUTHOR/ENQUIRIES:??? Grant Nelson, Strategic Planner ????????

 

Summary:

 

At its meeting on the 16 January 2013 Council resolved the following:

 

a??????? The number and nature of reports (excluding those relating to the construction of the

proposed dam) carried out in respect of the Nambucca River and riparian zones during the twenty five (25) year period ending 30 June 2012 which report were either commissioned by Council or into which Council had input either by direct financial contribution or staff time;

 

b??????? A brief statement as to the circumstances that triggered the preparation of the report;

 

c??????? A brief statement as to the use to which each report has been put (eg when the

????????? contents of each report were last referred to) and any gaps in the information identified.

 

This report provides the information requested

 

 

Recommendation:

 

That the information be noted.

 

 

OPTIONS:

 

NIL

 

 

DISCUSSION:

 

The information presented is provided in the circularised spreadsheet.

 

As well as reports requiring Council?s involvement, other more general report that address the region have been included in the spreadsheet. Also there is no simple way of searching for reports prepared over the last 25 years due to changes in records systems and the like. Rather the spreadsheet focuses on reports that were most easily accessible via recent bibliographies, the internal library and officer recollections.

 

This list is comprehensive but due to the logistics it is not expected to incorporate all reports and documents that may have been prepared during the given period. A substantial amount of resources would be required to provide a more accurate account of reporting.

 

 

CONSULTATION:

 

Office of Environment and Heritage

Assistant General Manager Corporate and Community Services

General Manager

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no implications for environmental matters

 

Social

 

This report has no social implications

 

Economic

 

This report has no economic implications.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

NIL

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

Staff time was required to prepare this report and the associated spreadsheet.

 

 

Attachments:

1View

?- Circularised document (Trim 4520/2013)

0 Pages

??


Ordinary Council Meeting - 28 February 2013

Number of River Studies last 25 Years

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Number of River Studies last 25 Years

 

 

 

Circularised document (Trim 4520/2013)

 

??Pages

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

General Manager's Report

ITEM 9.4????? SF643????????????? 280213???????? Rural Dwelling Entitlements

 

AUTHOR/ENQUIRIES:??? Grant Nelson, Strategic Planner ????????

 

Summary:

 

On the 11 April 2012 Council resolved as follows:

 

That Council receive a report setting the numbers of rural blocks which for various reasons do not have building (dwelling) entitlement but which are located fronting existing sealed roads or are bisected by sealed roads with a view to Council taking steps to provide a process whereby those blocks may obtain a building entitlement.? Further, that if adopted, no further action be taken until the matter comes back to Council in June 2012 with confirmation that the Planning Department is able to undertake the task.

 

Further to this resolution, on the 13 January 2013 Council further resolved:

 

That Council receive a report from the Planning Department responding to the questions and issues raised in the Notice of Motion on this item and identifying means of allowing easier and more certain identification of building entitlements attaching to rural land.

The purpose of this report is to provide advice in relation to the above two (2) resolutions.

 

 

 

Recommendation:

 

1.???????? That Council note the estimated numbers of undersized rural allotments fronting sealed roads in the shire and the current process to determine dwelling entitlements.

 

2.???????? That Council make representations to the Minister of Planning and Infrastructure requesting that the matter of ?existing holdings? and dwelling entitlements be examined across NSW, and feasible alternative solutions to the issue be given consideration during the preparation of the White Paper review of the NSW Planning Legislation.

 

3.???????? That a fact sheet be prepared on the process for the determination of an existing holding or dwelling entitlement and be placed on Councils Website

 

4.???????? That Council investigate a Policy requiring applications for Section 149 (2) certificates on rural land, to be accompanied by a Section 149(5) certificate along with the appropriate fee.

 

 

 

OPTIONS:

 

 

1??????? Council could resolve to incorporate a sunset provision into the Nambucca LEP 2010.? This would give undersized rural properties with an entitlement, to realise the opportunity prior to a set date.? If no application is received prior to the due date all dwelling entitlements will rely on the minimum lot size provisions.? Given issues encountered in other shires this is not recommended.

 

2??????? Council could engage a suitably qualified person to prepare an existing holding map. It is estimated this would take approximately 3-5 months to complete it for the whole Shire or 2-3 months for those identified in this report.? Estimated costs $20,000 - $40,000.? Instead of the current user pay service to identify an existing holding/dwelling entitlement.

 

 


DISCUSSION:

 

Number of rural blocks fronting sealed or split by a sealed roads which do not have dwelling entitlement

 

In relation to the first of Councils resolutions, a cursory audit of rural properties has been completed using Councils GIS system and the following information can be gleaned from this audit.

 

Notes

 

?????? All information is approximate only and relevant to the date at which it was collected.

?????? The audit considered all lots to 40HA minimum lots size (some upper catchment areas would have 100HA minimum lot size).

?????? OSSM (Septic) licenses were used to assume an existing dwelling. In some cases it may only be a shed with services.

?????? The analysis only related to lots adjoining sealed roads as resolved, actual numbers would be greater for the entire shire.

 

Results

 

1464 lots adjoin sealed roads of which:

 

?????? 54 are greater than 40Ha and are not dissected by the road;

?????? 111 are greater than 40Ha but are dissected by a road. 29 of these are assumed to have dwellings as they presently hold an OSSM license.

?????? 1299 lots are less than 40Ha and 611 of these are assumed to have a dwelling as they presently hold an OSSM license, noting that some of these lots could be within 10% of the 40 Ha minimum.

 

Based on these estimates there is approximately 688 undersized rural lots adjoining sealed roads which do not have dwelling. Dependant on individual investigation these lots may or may not have an entitlement as they may be part of an existing holding.? Individual assessment of these lots has not been undertaken, due to the time it would take to do so estimated at about 30 mins per parcel which would be up to 10 weeks for a staff member to undertake this task.

 

Also approximately 82 split lot parcels that have a dwelling entitlement do not presently have a dwelling on them.?

 

Simplifying the Determination of Dwelling Entitlements and opportunities to provide dwelling entitlements

 

Existing process

 

In general, rural dwelling entitlements are presently determined in the following three (3) step process:

 

1????? If the lot is greater than the minimum lot size it has a dwelling entitlement;

2????? If the lot was the result of a subdivision approved by Council it would have a dwelling entitlement; unless it was for agriculture only; or

3????? If it is an existing holding (made up of a number of lots)

 

Where

An existing holding means all adjoining land, even if separated by a road or railway, held in the same ownership:

(a) on 16 June 1967, and

(b) at the time of lodging a development application for the erection of a dwelling house under this clause, and includes any other land adjoining that land acquired by the owner since 16 June 1967.

 

If staff cannot determine an entitlement through steps 1 and 2, the third step is to examine the original parish maps and land ownership details at 1967 with an aim to determine who owned the land and adjoining land at that date and to determine the ?existing holding?.

 

For Council to determine a rural dwelling entitlement and provide a formal written response, a property enquiry application is required along with the adopted minimum fee of $79.?

 

Should Council determine that the land does not have a dwelling entitlement the following options are available:

 

?????? The land be consolidated with adjoining land working within the minimum lots size framework; or,

?????? The landowner seeks a variation to the minimum lot size for a rural dwelling under clause 4.6 of the Nambucca LEP 2010. Variations within 10% (ie a lot down to 36.001ha), can be considered by Council. Variations greater than 10% (ie below 36ha), will require concurrence from the Director General of the Department Of Planning and Infrastructure. This was previously done under State Environmental Planning Policy No 1 (SEPP1). To determine a variation under this option the landowner is required to lodge a development application that includes an LEP variation form. Advice from a town planning or Agricultural consultant would be required to justify the proposed variation. Consideration against the objectives of the Zone must be also considered; or,

 

?????? A site specific LEP amendment be proposed to reduce the minimum lot size for a rural dwelling on the subject site. In most cases it is unlikely an LEP amendment would be supported on the basis that it is unlikely to be in accordance with the Council and its State Government endorsed Local Growth Management Strategy ? Rural Residential Lands.

 

Options to simplify the process

 

1.?????? Council could prepare an existing holdings map. To do this a person would need to go through all land ownership details at the date in 1967, to identify which lands were held in the same ownership and hence comprise an existing holding. This map could then be attached to our GIS system to allow staff to simply identify which lands were an ?existing holding? at the 16 June 1967 date. It could also be incorporated into a local provision in the LEP (if its accuracy could be assured). In some instances it may still be necessary to complete a land titles search or similar. This would be a very resource demanding project and take sometime to complete. Current resources is not available to complete this task, nor has it been in the past which is why each request is dealt with as it arises. At present, landholders pay for an individual property search, which is subsequently identified in the record books for any future reference.

?

2.?????? A fact sheet could be prepared to advise people of the process. This could be made available on our website.

 

3.?????? Council could introduce a sunset clause into the LEP. This clause would essentially indicate a landholder has a period of time to activate their dwelling entitlement right (if they had one) on an undersized allotment. After the period has expired no dwellings on undersized allotments would be permitted. A number of Councils in the North and Mid North Coast have considered and implemented this provision. In particular Port Macquarie ? Hastings are nearing the end of the sunset provision and it is generating considerable heartache and confrontation for landowners, Council staff and Councillors.

 

NOTE: This was an option presented to Council by the Department of Planning when Council was preparing its current LEP. But as Council resolved it wished for a ?like for like best fit? transfer from the 1995 LEP to the 2010 LEP, this provision would have removed the dwelling opportunity from a number of properties that had a legitimate right to construct a dwelling

 

4.?????? Council could investigate the introduction of a policy that requires any 149 (2) certificate requested on rural land containing more than a single allotment, to be accompanied by a 149 (5) certificate and the relevant fees. The purpose of this would be to ensure any person purchasing a rural property is made aware of the dwelling entitlement associated with that property. However, a local Policy cannot be more onerous than the legislation and Council may have difficulty in enforcing this requirement.

 

5.?????? The dwelling entitlement and existing holding provisions in LEP?s are common throughout NSW Councils and they are now consistent in the form of a model provision developed by the Department of Planning and Infrastructure. This particular matter was discussed with Department of Planning staff to determine how Councils have approached this issue. Based on these discussions no alternative clauses have been implemented in rural LEP?s. Issues likely to be faced with an LEP provision attempting to permit development on undersized allotments, amongst other things:

 

?????? Inconsistencies with section 117 directions and relevant SEPP?s;

?????? Inconsistencies with the Mid North Coast Regional Strategy and associated Regionally Significant farmland mapping;

?????? Dispersed rural settlement issues associated with unplanned rural settlement (Rural residential strategy identifies areas for rural small holdings);

?????? Potential for land use conflicts and impact on agricultural productivity; and

?????? There may also be a number of site specific lots which would be land locked (no legal access)

 

Allowing and encouraging opportunities for Rural Landholders has consistently been a direction of Nambucca Shire Council. For instance, Council has recently improved the choice for rural land holders by allowing secondary dwellings and special purpose subdivisions. The secondary dwellings provision being a first for the North Coast which other nearby Councils are now giving consideration to. Further, Council has made available approximately 100 years supply of rural residential land, through the Rural Residential Release Strategy. Despite maximising opportunities for rural land holders, solutions to this rural dwelling entitlement issue are limited.

 

As the consideration of Rural Dwelling entitlements on undersized allotments is a matter that effects all rural land in the majority of NSW, an alternative approach would be to make representations to the Minister of Planning and Infrastructure requesting that he consider statewide solutions to this matter whilst preparing the White Paper.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager ? Corporate and Community Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Should Council proceed with the recommendations there is unlikely to be any negative impacts on the environment. Other potential resolutions of Council have not been quantified.

 

Social

 

Should Council proceed with the recommendation there is unlikely to be any negative social impacts. A statewide review of the existing holding provisions with new planning legislation would provide a consistent approach to the matter across NSW.

 

Economic

 

Should Council proceed with the recommendation there is unlikely to be any negative economic impacts. Other potential resolutions have not been quantified.

 

Risk

 

There is no risk in moving forward with the recommendations as proposed.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil, all reporting has been completed in house. Some options presented in the discussion of the report would require funding from the general budget

 

Source of fund and any variance to working funds

 

General budget

 

Service level changes and resourcing/staff implications

 

The recommendation as proposed would have limited impact on staff resources.? Alternative options that may be considered by Council would need to ensure appropriate funding is committed to progress the action.? Also management of external consultancies still requires significant staff input depending on the efficiency of the consultant.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

General Manager's Report

ITEM 9.5????? SF1120??????????? 280213???????? Proposed Grant Application - Biodiversity Fund

 

AUTHOR/ENQUIRIES:??? Colleen Henry, Grants and Contributions Officer ????????

 

Summary:

 

In principle support is sought for the Grants Officer to develop an Expression of Interest for submission to the Federal Government?s Biodiversity Fund, which aims to improve the connectivity, extent and condition of Australia?s native vegetation. The EOI would request the employment of a part-time Project Coordinator/Natural Resource Officer for employment.

 

 

Recommendation:

 

Council endorse the submission of an Expression of Interest to the Biodiversity Fund Round 2013/2014.

 

 

OPTIONS:

 

Council not submit an Expression of Interest to the Biodiversity Fund.

 

DISCUSSION:

 

The Federal Government has recently announced a funding round under its Biodiversity Fund, which aims to improve the condition, extent and connectivity of native vegetation across Australia.

 

There is an opportunity for the Council to apply for funding under this program, in partnership with other environmental management organisations such as Nambucca Valley Landcare, Wetlandcare and the Office of Environment and Heritage, to implement a major Biodiversity Fund project.

 

The precise attributes of the proposed grant application have not yet been developed, however due to the timing of the grant round, Council is being asked for in principle support for the Grants Officer to develop an EOI with key stakeholders for submission by 12 March 2013.

 

Generally, funding would be sought to implement a project focussed on connecting the coast with the ranges via the riparian corridors of the Nambucca River and major tributaries. The project would target landholders along the river and coastal areas with assistance for fencing, weed control, revegetation and other initiatives which would improve the biodiversity of the Nambucca Valley?s environmentThere are a number of existing Council plans, for example the Nambucca River Estuary Management Plan and the Nambucca River Master Plan, which could be progressed through such funding.

 

It is likely that the requested amount would be over $2 million, to be expended over four years. Council?s contribution to the project would be in-kind support only; there is no cash funding proposed.

 

The EOI would include provision for the employment of a part-time Project Coordinator to oversee the program. Some of Council?s current environmental activities could well fit under the umbrella of this project and be dealt with by the Project Coordinator if they were connected with improving biodiversity or environmental quality.

 

If the Federal Government endorses the Council?s EOI, a full application would be developed. At that point, the proposed program would be fully developed in terms of aims and activities, and Council could decide then whether to submit a full application.

 

CONSULTATION:

 

General Manager

Strategic Planner

Noxious Weeds Inspector

Office of Environment and Heritage

Nambucca Valley Landcare

Wetlandcare Australia

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment with the EOI process. The impact will only be relevant if the full application is successful.

 

Social

 

There is no impact on the social aspect with the EOI process. The impact will only be relevant if the full application is successful.

 

 

Economic

 

There is no impact with the EOI process.

 

Risk

 

There is no risk associated with the EOI process.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current and future budgets ? the EOI would not commit Council to any funding.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

The Grants Officer, Strategic Planner and Noxious Wees Inspector will be required to commit approximately 20 hours in total to develop the EOI.

?

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.1??? SF1653??????????? 280213???????? Refinement of Corporate and Community Services Staffing Structure

 

AUTHOR/ENQUIRIES:??? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

Following the adoption of the new two Assistant General Manager structure, the implementation of the Corporate and Community Services structure has been met with some issues including two resignations from the Financial Services section and secondment of staff from the Business Services Unit (BSU) to temporarily fill the finance positions, with casual staff supporting in the BSU.

 

The implementation of the Applications and Compliance structure has also been constrained with difficulties in filling the Senior Health and Building Surveyor position and the need to consider the duties and support needs with the previous removal of the Manager Planning and Assessment from the Structure.

 

Some additional refinement has also been necessary to ensure the critical operations of Council are carried out after the following positions were also removed from Council?s organisational structure. Manager Planning and Assessment, Property Officer; Executive Assistant ? Department of Environment and Planning (although this was replaced with the BSU Coordinator), and Switch Support Officer. A net total of 3EFT. The redundant position of the Environmental Compliance Officer is not considered in this report but will be considered in a later report on Regulatory Services.

 

The purpose of this report is to seek endorsement of Council for the reviews undertaken and the refinement to the current two Assistant General Manager Organisational Structure.

 

 

 

Recommendation:

 

1??????? That the revised Financial Services Structure of 8EFT, as detailed in this report with the creation of an additional Accountant position and the deletion of the Cadet Accountant position be endorsed.

 

2??????? The salaries budget for the organisation be adjusted in the March quarterly budget review.

 

3??????? That the former position of Administrative Support Officer be moved out of the Business Services Unit and placed in the Applications and Compliance Services section, be identified as Technical Officer - Planning and the Revised Applications and Compliance Services Structure as detailed in this report be endorsed.

 

4??????? That the former position of Engineering Support Officer be moved out of the Business Services Unit and placed in the Asset Management Section of Engineering Services, be identified as Engineering Support Officer - Assets and the Organisational Structure be amended to reflect this.

 

5??????? That the following part-time positions be expanded to fulltime positions and the Organisational Structure amended to reflect this:

 

????????? i???????? Technical Officer ? Planning? 28 hrs/wk to 35 hrs/wk

????????? ii??????? Technical Officer ? Engineering? 21 hrs/wk to 35 hrs/wk

??????????????????

 

 

 

 

 

 

 

6??????? That the following part-time positions be expanded on a temporary basis until after the permanent appointment of the Business Services Unit Coordinator:

 

????????? i??????? Business Services Officer (formerly Technical Customer Services Officer) 21 hrs/wk to ???????? 28 hrs/wk

????????? ii?????? Business Services Officer (Formerly Cashier/Customer Service Officer) 7 hrs/wk to 14 ???????? hrs/wk

iii??????????????? iii?????? Business Services Officer (formerly Admin Support Officer DEP)? 28 hrs/wk to 35 ????????? hrs/wk

 

 

7??????? That following the finalisation of the appointments in the new Financial Services structure, the following part-time position be expanded on a temporary basis until after the permanent appointment of the Business Services Unit Coordinator:

 

????????? i???????? Business Services Officer (formerly Records Assistant)? 30 hrs/wk to 35 hrs/wk

 

8??????? That the use of casual labour continue to be utilised as required, to assist the Business Services Unit during the period of secondment of Business Services Unit staff to Financial Services.

 

9??????? That Council note and endorse the refinement of duties and tasks emanating from the removal of some fiver (5) positions from the Organisational Structure as detailed in this report.

 

10????? That Council note that a further report may be necessary to confirm allocation of hours for staff in the Business Services Unit, once the permanent appointment of the Business Services Unit Coordinator is made prior to September 2013.

 

11????? That Council note that a further report is being prepared for presentation on the Regulatory Services activities of Council for consideration in conjunction with the 2013/14 budget.

 

12????? That the recruitment for the positions of Manager Applications and Compliance and Business Services Co-ordinator be undertaken to ensure continuity and minimal downtime between end of contract and commencement of appointment.

 

 

OPTIONS:

 

1??????? Council could choose not to endorse the refinements to the Organisational Structure and defer it to the budget considerations with the consideration of the Library staffing structure and staffing hours.

 

2??????? Council could choose to defer the matter and review the overall Organisational Structure if Council considers the current two Assistant General Manager structure requires review.

 

 

DISCUSSION:

 

Whilst Council is required to review its Organisational Structure within 12 months of its quadrennial elections, the implementation of the adopted 2012 structure has required review and refinement as staff deal with the loss of 5 positions from the structure and 3 resignations (2 in the Financial Services area).

 

Council will also recall dealing with the recent report from the Librarian regarding the fixing of permanent hours instead of the current temporary arrangements for the Library staff as they work through the withdrawal from Clarence Regional Library. Council received the report and resolved to continue with the current temporary measures and defer the consideration of the permanent arrangement to the 2013/14 budget process.

 

The implementation of the Corporate and Community Services department has had its difficulties due to the two resignations from the Finance section (Cadet Accountant and Finance Officer ? Water) which have been filled temporarily by staff from the Business Services Unit.

 

 

Financial Services

 

As Council would appreciate the loss of these two staff members from the Finance Services area are having an impact as is the secondment of the BSU staff on the implementation of the BSU.

 

The management of accumulated leave is an ongoing challenge for Council across all its operational areas. The finance section in particular has a number of staff with as significant accumulation of leave which place Council at considerable vulnerability should one or more of the officers take the accumulated leave or a need for unplanned leave. This was evidenced at the end of last year when one of the officers was off on unplanned leave which saw the September quarterly budget review not presented to Council until January rather than November.

 

With the two financial services staff resignations in the second half of last year, the opportunity to review the operations was taken. Initially it was suggested that an immediate temporary engagement (6-8 month contract) of an additional Accountant could assist the finance team to get on top of tasks and also enable the two senior finance officer positions to reduce their respective accumulated leave.

 

This consideration then moved toward a permanent solution and a proposal for an internal shuffle of duties and responsibilities in a cooperative job redesign process was progressed. However, it was considered that this did have a number of risks and in particular whether it would provide the capacity for the completion of the higher level financial tasks and enable the two senior finance officers to reduce their accrued leave and also enable activities to continue.?

 

A further proposal which is the preferred proposal (below) is the creation of an additional permanent Accountant position and deletion of the Cadet Accountant position. The additional Accountant would assume duties and tasks from the two other senior finance officers and other finance staff as the other finance staff assume duties previously performed by the Cadet Accountant. It is considered this proposal would provide the capacity in the Financial Services area to meet its statutory reporting requirements, provide opportunity for the Manager to focus more on the long term and strategic financial management for the financial sustainability of Council, provide the close management and implementation of integrated Asset and Financial Management systems, internal controls and provide the capacity for the finance officers to take leave thus reducing the significant liability on Council and reduces Council?s vulnerability in the event that one of the senior finance officers requires to take unplanned or extended leave.

 

?Organization Chart

 

 

This proposal, whilst maintaining the same head count in Financial Services of 8EFT, does however come with an increased salary budget being the salary difference between the Cadet Account and the Accountant. This is estimated to be approximately $32,000 pa.

 

 

Business Services Unit

 

As identified above, the two officers seconded to the Financial Services area from the BSU is impacting upon the ability of the BSU to achieve its objective of providing a comprehensive support unit to internal and external customers for and on behalf of Council.

 

The BSU Coordinator was engaged on a 12 month contract concluding early September 2013 and has relied upon the services of three casual part time officers to ?fill the gaps? ensuring a minimal service is achieved. Unfortunately, the casual placements and the inability to bed down a structure, provide the necessary training and the allocation of duties and support is impacting upon several key operational areas, namely records management, and administration.

 

Once the Financial Services structure is resolved and positions filled, the BSU Coordinator will then be able to finalise the BSU structure and identify the resources available. Notwithstanding, one (1) fulltime position must remain available in the event that the BSU does not proceed or, the current incumbent chooses not to continue in the role at the conclusion of the 12 months or, the permanent appointment of a Coordinator is external to the organisation.

 

The process of refinement of duties and tasks to ensure the critical operations of Council are carried out efficiently, has also necessitated the movement of two of the positions previously identified within the BSU, and the review of hours for several other positions.

 

One of the permanent part time (28hrs/wk) Administrative Support Officers from the former Environment and Planning Department was shuffled sideways to assist the Town Planner when the position of Manager Planning and Assessment was removed from the structure. This Officer was, and continues to provide a support role with specific planning functions of Section 149 certificates, dwelling and existing holding requests, property enquiries, subdivision certificates, counter and telephone enquiries. The position was more technical in nature and provided a specific assistance role in planning as opposed to undertaking broader support to the whole Environment and Planning Department. The hours were increased increased temporarily to 35hrs/wk. This support role has continued and it is considered critical to the planning functions of Council that this remain. It does however, require a review of the Position Description which will, if the position significantly changes and/or there is a considerable change in Grade, trigger the process which Council has previously followed. That is, the existing position is redundant and to mitigate the potential for redundancy, advertise internally only, to fill the position. This was previously done in the case of the Payroll Officer and the Grants and Contributions Officer positions.

 

The second position which has moved out of the BSU back into Engineering Services under the Asset Management section is that of the permanent part time position (21hrs/wk) of Engineering Support Officer. The hours have been increased to a 35hr/wk position taking on board additional Asset Management tasks and managing Council?s Property Register? previously performed by the Property Officer (now redundant). The review of the position description for this position is still to be finalised, however it is unlikely to significantly change as the bulk of the duties and tasks are covered in the current position description. This will however, be confirmed following the finalisation of the review and if necessary follow the process identified above.

 

Additional hours have been temporarily taken up by three other permanent part time Business Support Officers with one moving from 28hrs/wk to 35hrs/wk which is considered critical to maintaining operational support in the Applications and Compliance area.? One position moving from 21hrs/wk to 28hrs/wk provides capacity in the Applications and Compliance and the Customer Service area.? A third position has moved from 7hrs/wk to 14hrs/wk due primarily because of the secondment of one of the BSU staff to Finance.? One further position will move from 30hrs/wk to 35hrs/wk, once the Financial Services staffing is finalised. These latter three variations are for a temporary period until the position of BSU Coordinator, after which time a further review will be undertaken.

 

It is argued however, that the work previously performed by the four positions of Manager Planning and Assessment, Property Officer, EA ? DEP and Switch Officer which were made redundant, have not simply vanished with critical duties and tasks being picked up by other staff, or not being done. As a result, the refining of duties and their allocation requires some allocation of additional hours to accommodate their loss. This is identified in the table below according to the additional hours needing to be performed by the support staff.

 

It is considered that the additional 7 hrs being performed by the DEP Support Officer, in the planning area is the minimum required to provide the capacity for the Manager Applications and Compliance and Senior Planner to continue dealing with some of the ?remaining? duties as well as performing their own work.

 

The additional 14 hours for the Engineering Support Officer in Assets, relates to some of the critical work that needs to be performed relating to the Property Register previously undertaken by the Property Officer. A significant number of the properties within the property portfolio relate to water or sewer assets. It is intended to charge part of the additional time to these funds, (approximately 50%). It is also considered that the other 50% should be treated as an additional requirement and not calculated against the collective hours or EFT of the BSU as the additional 14 hours are for duties not previously undertaken by the BSU.

 

Notwithstanding, Council needs to retain its flexibility to enable the permanent appointment of the BSU Coordinator without creating an extra position or having to make another position redundant.? It is therefore intended that 35 hours of the 387 hrs per week remain available should this be required.? These 35 hrs to be allocated on a temporary basis to existing staff or through the utilisation of casual staff as required.

 

It being reinforced that across all areas of operations within Council?s Administration Centre, the staffing levels are very ?lean? and it will be almost impossible to maintain service levels during unplanned absences and periods of leave by staff.

 

Pre New Structure

New Structure

Further Revised Structure

Position

Hours/wk

Position

Hours/wk

Position

Hours/wk

 

 

BSU Coordinator

35

BSU Coordinator

35

EA ? Exec S

35

EA ? Exec S

35

EA ? Exec S

35

EA - Eng S

35

EA - Eng S

35

EA - Eng S

35

EA ? Corp S

35

EA ? Corp S

35

EA ? Corp S

-

EA - DEP

35

EA - DEP

-

EA - DEP

-

Records Officer

35

Records Officer

35

Records Officer

35

Records Asst

30

Records Asst

30

Records Asst

(5hrs)????????? *35

DEP Support

35

DEP Support

35

DEP Support

35

DEP Support

28

DEP Support

28

DEP Support

#(7hrs)???????? 35

DEP Support

28

DEP Support

28

DEP Support

35

DEP Support

14

DEP Support

14

DEP Support

14

Eng Supp Officer

21

Eng Supp Officer

21

Eng Supp Officer

##(14hrs)???? 35

Customer S

21

Customer S

21

Customer S

(7hrs)????????? *28

Cust S/Cashier

28

Cust S/Cashier

28

Cust S/Cashier

28

Cust S/Cashier

7

Cust S/Cashier

7

Cust S/Cashier

( 7hrs)???????? *14

Switch

35

Switch

-

Switch

-

Total hours/week

12.05EFT?? 422

 

11.05EFT 387

 

11.4 EFT? 399

The EA-Corporate Services position is the position previously held by the Temporary appointment (12 months) of the BSU Coordinator.

Once the permanent appointment is made the allocation of these hours may be determined.

 

###(21hrs) 378

10.8 EFT ???

* (19hrs)???? 359

10.25 EFT

EA ? Corp S

35

 

394

11.25 EFT?

# identifies the position to be removed from the BSU and placed in Applications and Compliance extra day outside of BSU.

## identifies the position to be removed from the BSU and placed in Asset Management with Water and Sewer funds picking up 50% of the additional 14 hours (7hrs) and 50% (7hrs) outside the BSU.

### is the net hours after the consideration of additional duties outside the BSU.

* Representing temporary additional hours until BSU Coordinator position is confirmed.

 

Based on the above table, the net reduction of staff to the BSU is 0.8 EFT at 28 hrs/wk. This is considered the minimum compliment of staff required to provide the support for the organisation. Put in EFT terms against the 3 positions made redundant (Manager Planning and Assessment, Property Officer and Switch Support Officer) it is a net reduction of 2.2 EFT

 

Applications and Compliance

 

The Manager Applications and Compliance is engaged on a 12 Month contract which concludes on 25 June 2013. The recruitment for this position will need to commence in mid-late April to ensure an appointment is made prior to the conclusion of the current contract.

 

Council has only just secured a Senior Health and Building Surveyor following the resignation of the previous officer some 18 months ago. Initially this was delayed awaiting Council?s decision on the Organisational Structure and then the position was advertised on two occasions.

 

The Applications and Compliance Structure is recommended for minor tweaking with the position of Technical Officer - Planning (discussed above) and placing that position under the immediate supervision of the Senior Town Planner.

 

A further report will be presented to Council in conjunction with the 2013/14 budget consideration regarding the Regulatory Officer (Contract concludes on 30 June 2013) role with the view of creating a Regulatory Services section under Applications and Compliance incorporating the duties and tasks performed by the contractor and the Ranger. It will also identify opportunities to include some of the compliance duties previously performed by the Environmental Compliance Officer prior to that position being made redundant.

 

The following structure is the recommended structure for Applications and Compliance Services subject to the further report regarding Regulatory Services.

 

Organization Chart

 

Po sition of Safety and Risk Officer ? Comment by General Manager

 

Council?s Safety and Risk Officer resigned on 4 January 2013.? Prior to his resignation he briefed myself on his duties and expressed the view that with the training and safety systems the Council has now developed that a full time replacement may not be required.

 

Besides maintaining work, health and safety systems, a principal responsibility for the epostion has been attending to claims against Council and maintaining Council?s insurance schedule.? The Council receives regular (weekly) claims against it which need to be recorded, reported to Council?s insurer and then determined.? Most are of a minor nature, typically broken windscreens and the like.? Claims can also be an indicator of work processes or safety systems which require improvement.

 

The option of replacing the full time position with a part time (21 hour per week) position has been discussed with the Manager Human Resources who manages the position.

 

There has also been discussion with Bellingen Shire Council about the potential for sharing a position.? Given that work health and safety systems across councils are fairly standard, it is an obvious function which could benefit from resource sharing.

 

If there is any proposed change to the postion, consultation will be required with Council?s Consultative Committee.

 

At this stage it is proposed to further consider the replacement of the position during Council?s budget deliberations.? By this time there will have been further consultation with staff and Council?s Consultative Committee.

 

 

CONSULTATION:

 

?????????????? General Manager

?????????????? Assistant General Manager ? Engineering Services

?????????????? Manager Human Resources

?????????????? Manager Applications and Compliance

?????????????? Manager Financial Services

?????????????? Affected staff in Engineering Services and Corporate and Community Services

?????????????? Consultative Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with the report

 

Social

 

There are no social impacts associated with the report

 

Economic

 

There are no economic impacts associated with the report

 

Risk

 

There are risks associated with the review of Position Descriptions and some staff possibly having to reapply for positions.

 

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It will be necessary to review the salaries budget in the March quarterly review to identify the impact on the current 2012/13 budget.

Once a determination is made on the structures the salaries budget may be refined for the 2013/14 budget.

 

Source of fund and any variance to working funds

 

Any positive savings to the salaries budget will assist the General Fund bottom line. Conversely any net increase in salaries will impact negatively on the General Fund bottom line

 

Service level changes and resourcing/staff implications

 

This report identifies some of the implications following the removal of a number of positions from Council?s structure.? The report identifies where the resources are to be placed to provide the most effective cover due to the loss of some 5 positions.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.2??? DA2012/108????? 280213???????? DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

 

AUTHOR/ENQUIRIES:??? Paul Guy, Manager Applications and Compliance Services ????????

 

Summary:

 

This application is for Council?s consent to the construction of a ?Mixed Use? development containing Residential Units and Serviced Apartments of rendered masonry construction with a parapet style colourbonded steel roof over.

 

The proposed development consists of 20 x 2 bedroom and 2 x 3 bedroom units, with ancillary storage rooms and communal areas. The proposal is six storeys high stepped in two components of four storeys down the site with part of the front building component extending over the rear building component creating a partial fifth storey.

 

The land use is permissible with similar development surrounding (old and new) and one single dwelling adjoining on a site that could potentially be redeveloped.

 

The proposal included two requests to vary standards within the Nambucca Local Environmental Plan (NLEP) 2010 and hence is being reported to Council for consideration and 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:

 

1??????? That Council approve the DA 2012/108 application subject to the following conditions of consent.

 

2??????? That Council permit a variation of Development Standards for:

 

????????? a??????? the Height plane of 14m? on a small portion of the building by 0.5m due to the lift over ????????? run; and

????????? b??????? a 2.6% increase in the floor space ratio.

 

 

OPTIONS:

 

Council may:

 

1??????? approve the application subject to additional or alternative conditions

2??????? refuse the application

 

 

DISCUSSION:

 

August 2012 ? Architect Phillip Perrie e-mailed a set of drawings seeking a preliminary appraisal of the proposal (then described as a Residential Flat Building) which was carried out with a list of matters to be addressed referred back to the architect

 

The application was then lodged on the 9th September 2012 as a Residential Flat Building & Serviced Apartments) which, due to the property being affected by bush-fire, Serviced Apartments triggered the development as Integrated requiring referral to the Rural Fire Service (RFS). The applicant?s consultant produced a court decision which showed that the owner could pursue the matter with the RFS outside of council so the appraisal continued without concurrence being sought. (Note that the RFS later (by Policy) advised the applicant that the matter must be referred through council and this was done on 20 November 2012 with a response received 8 February 2013).

 

Notification of affected properties was carried out with 5 submissions received. A more extensive assessment of the proposal was carried out including consideration of submissions. It was decided that the accumulative impacts of several variations to Council?s Development Control Plan as well as justified concerns required further design considerations. In particular were potential impacts from height (as referenced to existing ground levels), bulk and scale and window placement on privacy and overshadowing. Elevational shadow diagrams and a rear montage were also required. Letter sent 6 November 2012.

 

Amended plans were submitted 21 December 2012, incorporating amongst other matters the reduction in size of the top floor and height reduction to prevent overshadowing, raising south facing windows to 1.6m above floor level to prevent overlooking and amendment of reception and entry layout for accessibility. Elevational shadow diagrams were also presented which show the adjoining properties to have at least 2 hours of sunlight between 9.00 am and 3.00 pm midwinter.

 

A small part of the roof structure (lift overrun) exceeded the height by more than 10% which would have required Council support and concurrence from the Director General, however, the architect has advised that a minor re-shaping of the roof will ensure compliance.

 

 

CONSULTATION:

 

Internal

 

A referral was made to Engineering for access, sewer and waste management at pre-lodgement and application stages and response with appropriate requirements and conditions.? Access gradients, waste storage within building and at road level for collection were of concern.

 

Applicants

 

Pre-lodgement meeting with owners

Several phone discussions with Architect Phillip Perrie and Planning Consultant Mark Petersen to facilitate lodgement of additional information

Meeting with owner/applicant, consultants, myself and Senior Town Planner, Selina McNally following comprehensive assessment to discuss impacts and matters that needed to be further addressed.

 

External

 

Meeting with each person making a submission and the review of the proposal at front counter.

 

 

MATTERS FOR CONSIDERATION ?SECTION 79C(1) EP&A ACT

 

In its assessment of a development application, Council is required to take into consideration the following matters:

 

a??????? the provisions of

 

i???????? any environmental planning instruments

 

Nambucca Local Environmental Plan 2010.

 

The development is permissible in the Zoning.

 

Clause 4.3 ? Main portion of Building is within 14m height plane with the lift overrun being reshaped so as? not to exceed > 10% variation. The amended plan shows a maximum height of 14.5 metres.

 

Clause 4.4 ?The floor space ratio is varied by 2.6%

 

Clause 5.5 with respect to Development within Coastal Zone has been addressed

 

SEPP 71 and Coastal Policy 1997

 

As per clause 5.5 above

 

SEPP 65

 

The architect appears to have adhered to the primary development controls in the Residential Flat design code and has submitted a Design Verification statement in accordance with SEPP65.

 

ii??????? any draft environmental planning instrument

 

There are none specifically relevant to the proposal.

 

iii?????? any development control plan (DCP)

Nambucca Development Control Plan 2010

 

In the initial proposal a number of variations were sought (with supporting documentation) to Development Control Plan 2010 - Part H Residential Development as follows:

 

H3.3?Residential Plan Depth (18.0m)

 

In this instance, levels 3-5 exceed this depth. These levels are almost totally composed of units which have limited depths (less than 8.0m from window to ?back of kitchen?), with the majority enjoying dual aspects, the exception being units 15 and 20 having good northern aspects.

 

Accordingly the layout allows for adequate natural ventilation and daylight which is the intent of the standard.???

?

H4.1.3?Setbacks

 

Side boundaries 1.5m ? The lower level of the car park extends to the southern side boundary with the entire area except for a minor portion in the SE corner below ground level - considered minimal impact.

 

Rear boundaries 6m ? The proposal varies in setback from zero setback to > 6.0

 

a??????? 3 levels of screened balconies 2.5m wide attached to 3 units on the southern side at zero set back

b??????? an open terrace on Level 4 - 4.0m to 5m wide with the nearest wall of the units being setback 6.6m to 9.0m from the boundary

c??????? 3 levels of screened balconies 2.5m wide 3 ? 4m off the rear boundary.

?

Whilst imposing on the adjoining allotment it has been shown that due to the levels of the proposed units as compared to adjoining, overshadowing is within the prescriptive requirements, ie., Living rooms and ground level private open spaces to have a minimum of 2 hours of sunlight 9.00 am to 3.00 pm midwinter.

 

It is considered however that the screened balconies to 3 levels of the three most southern units should be open above 1.6m measured from floor level of each unit to improve daylight access to the adjoining.

 


H4.1.4?Building Footprint

 

Variation no longer applicable as the initially proposed footprint was considered excessive especially when assessing accumulative impacts of this and other variations. The floors concerned were reduced in size.

This was done to reduce bulk, scale and potential overshadowing.

 

H4.1.5?Building Separation

 

The DCP requires separation distances of 3m to 16m which could effectively sterilise a site and is considered a shared requirement (external balcony to external balcony or wall to wall) so the objectives have been considered in context.

 

The proposed building has boundary setbacks varying from zero underground level, minor at 3.6m, main body at 4.2m to 5.5m.

 

The main Objectives are shown to be achieved as follows:

 

a??????? Development scaled to support the desired character of the area ? designed in accordance with the requirements of SEPP 65 and the Residential Flat design Code (see front and rear montage)

b??????? Maximise visual and acoustic privacy ? Windows in the southern face have their sill levels at 1.6m above floor level and southern facing balconies have screen or solid balustrades 1.6m above floor level. Also Ocean View apartments have their glazing orientation to the Eastern ocean view which would be anticipated for any adjoining redevelopment

c??????? Control overshadowing ? see previous comments

d??????? Appropriate open space ? compliant on site but also adjoins Gordon Park

e??????? Deep soil zones ? compliant on site

 

b??????? the likely impacts of the development

 

Context and Setting

 

See body of the report especially Section 79c(1) considerations Environmental Planning and Assessment Act.

 

c??????? the suitability of the site for the development

 

A similar development with previous lower height restrictions was approved on the site

 

The development is permissible with consent and conducive with existing buildings and potential redevelopment in the immediate area.

.

d??????? any submissions made in accordance with the Act or the regulations

 

5 submissions have been received with respect to the proposal ? a pr?cis of each follows with the full documents being circulated separately

 

1??????? i???????? Overshadowing of public park and tennis courts ? considerably less than 50% of the adjacent Public Domain is overshadowed between 10 am and 2.0 pm between 21 April and 21 August

????????? ii??????? Busy road access ? access considered by engineering to be satisfactory

????????? iii?????? Overshadowing of southern buildings ? see? previous

????????? iv?????? Visual detraction viewing from reserve ? Clause 5.5 of the LEP pertaining to SEPP 71 and ??????? Coastal Policy have been satisfactorily addressed

????????? v??????? Too big for land area ? A 2.6% variation to the Floor space ratio has been recommended

????????? vi?????? Overload on Council?s Water and sewer ? infrastructure in place to support

????????? vii????? Loss of views to north and east ? views are not necessarily shared across adjoining ??????? properties with eastern view to ocean preserved

 


2??????? i???????? Too large ? addressed

????????? ii??????? Busy access ? addressed

????????? iii?????? noise issue from rolla-doors ? Setback within cartilage of building and quiet operating

????????? iv?????? Duration of build ? Site Development expected condition re working hours and other impacts ??? during build

????????? v??????? Overlooked balconies ?the view is to the east, to overlook the balconies which are solid on the northern side you would have to look back to the south and west ? any balconies directly overlooking have had their solid balustrades raised to 1.6m or screened

????????? vi?????? Overshadowing buildings and park ? addressed

????????? vii????? Montage inaccurate ?appears satisfactory

????????? viii????? Garbage truck traffic due to amount of bins ? Larger garbage receptacles and condition re ??????? collection to minimise impact on traffic

 

3??????? i???????? Overshadowing ? addressed

????????? ii??????? Reduction in desirability of rental of units ? economic consideration

????????? iii?????? Traffic visibility from Woolworths turn ? addressed by engineers

????????? iv?????? Compound traffic problems Back street ? addressed

 

4??????? i???????? Not in keeping with vision for Nambucca ? assessed suitable

????????? ii??????? Floor space ratio ? addressed

????????? iii?????? Height ?addressed

????????? iv?????? Rear boundary setback ? addressed

????????? v??????? Building footprints ?addressed

????????? vi?????? Depth of building ? addressed

????????? vii????? Shadow diagrams not in accordance with DCP (private open spaces not shown) ? This ??? references an internal courtyard on an adjoining development which has been considered ??? with some difficulty being a period design and on a site which is potentially redevelopable with ???? modern coastal design

????????? viii????? Units 13 & 18 no sunlight mid-winter ? Requirement is for 75% of dwellings to comply - ??? addressed

????????? ix?????? 24m metre length exceeded ? 24m frontage to street not exceeded

????????? x??????? Floor Space Ratio non ?compliant ? plans revised to comply

????????? xi?????? Objective for building footprint to be in line with current and future character ? concern that ?????? their development single storey therefore not in keeping ? site potentially developable in ???????? keeping with future character

????????? xii????? Building separation ? addressed

????????? xiii????? Windows overlooking living areas separated by 6 ? 8m not 12 ? 16m ? shared responsibility ????? and addressed

????????? xiv???? 25% Communal area not apparent ? clarified compliant with architect

????????? xv????? Excavation unstable, too deep ?separate issue addressed by notice from Council and ??? Structural Engineer response

????????? xvi???? Further excavation ? condition re right of support and to Structural Engineer?s detail

????????? xvii???? Objective of visual privacy ? addressed

????????? xviii??? Overlooking of property from south windows and balconies ? addressed

????????? xix???? Significant number of south facing windows - addressed by sill height

????????? xx????? Loss of natural light ? addressed

????????? xxi???? Acoustic privacy ? addressed

????????? xxii???? Site access ? addressed

????????? xxiii??? Architect?s statement doesn?t mention single storey dwelling when discussing scale ?later ????????? addressed

 

5??????? i???????? Size of building ? addressed

????????? ii??????? Overshadowing ? addressed

????????? iii?????? Insufficient car parking ? sufficient provided

????????? iv?????? Waste management - addressed

 


e??????? the public interest

 

In the public interest to have this site developed ? many comments have been received over the years with respect to the open excavated site remaining an eyesore from the reserve and surrounding land

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal is within the coastal zone adjoining public domain and communal open space requiring matters to be considered in implementing the NSW Coastal Policy? provided in Cl 5.5 (Development within the Coastal Zone) under NLEP 2010. These are similar to Clause 8 (Matters for Consideration) under SEPP 71 and have been carefully considered.

 

The development does not preclude access to the coastal zone, no longer triggers SEPP 71 integration by virtue of its height, reduces its impact on the amenity of the area by stepping down the site and shields what has been seen as less desirable development.

 

Social

 

The proposed development provides for both short term and long term accommodation in a location that incorporates minimisation of impacts on public and private transport with easy walking distances to shops and services

 

Short term accommodation is seen as a need considering potential infrastructure development to take place in the future and the additional long term accommodation (residential units) will provide the opportunity for a more diverse population and community.

 

With most of the units overlooking Gordon Park the visibility provides an opportunity for crime prevention and public safety.

 

The proposal incorporates 2 accessible units with accessibility from the street and carpark.

 

Economic

 

There are short term gains for the construction and affiliated industries

 

Future gains for service industries and local businesses from tourism and permanent population. Tourists more likely to sample local restaurants and products.

 

A diverse population enriches a community.

 

Risk

 

Should council resolve to refuse the proposal then the proponent may choose to appeal Council?s decision in the Land and Environment Court.

 

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

 

Section 64 and 94 contributions have been applied to the development. Note that contributions have been paid for a previous development that did not go ahead and will be offset against the new fees.

 

Additional rate base from 22 units.

 


Source of fund and any variance to working funds

 

As above.

 

Service level changes and resourcing/staff implications

 

Council has not been nominated as the Prescribed Certifying Authority at this stage.

 

 

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 28 February 2012 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

Landscape Plan LSP 01

A

Susan Miles Landscape Architect

Dec 2009

Drawing Number 100

 

Philip Perrie Architect

27.08.2012

Drawing Number 101

 

Philip Perrie Architect

27.08.2012

Drawing Number 102

 

Philip Perrie Architect

27.08.2012

Drawing Number 103

 

Philip Perrie Architect

27.08.2012

Drawing Number 104

 

Philip Perrie Architect

27.08.2012

Drawing Number 105

 

Philip Perrie Architect

27.08.2012

Drawing Number 106

 

Philip Perrie Architect

27.08.2012

Drawing Number 107

 

Philip Perrie Architect

27.08.2012

Drawing Number 108

 

Philip Perrie Architect

27.08.2012

Drawing Number 109

 

Philip Perrie Architect

27.08.2012

Statement of Environmental Effects

 

Peterson Consulting

21.09.212

Addendum - Statement of Environmental Effects

 

Peterson Consulting

17.12.2012

Safety Authority Certificate D12/2447 DA12112285600

 

NSW Rural Fire Service

06.02.2013

 

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.

 

 

Consent Granted For Works within the Road Reserve

 

2??????? This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Work

Standard to be provided

Driveway

The driveway shall be a minimum 9 metres wide. Paving to be 125mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

A sheltered right turn lane line marked on Fraser Street

in accordance with AustRoads? Intersections at Grade. The design is to address siting, signs, linemarking, parking restrictions and night-time visibility.

Waste Collection Services

A suitable concrete hard stand area at the frontage of the property shall be designed and constructed to the satisfaction of councils Waste Management Officer for compliance with work place health and safety for the servicing of the bins.

 

 

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.

 

Integrated Approvals

 

4??????? The following approvals are granted under Section 78A of Environmental Planning and Assessment Act 1979 as part of this development consent:

 

Integrated Approvals under Section 68 of the Local Government Act 1993

Install a manufactured home, moveable dwelling or associated structure on land

Install a temporary structure on land

 

Water supply, sewerage and stormwater drainage work

B1????? Install, alter, disconnect or remove a meter connected to a service pipe

B2????? Carry out sewerage work

B3????? Carry out stormwater drainage work

B4????? 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

 

Integrated Approvals from other Authorities

C?????? Rural Fires Act

 

Safety Authority Certificate D12/2447 DA12112285600 NP issued by NSW RFS subject to the following conditions:

 

C1??? The development proposal is to comply with the drawing prepared by Philip Perrie Architect, titled ?Site Analysis/Site Management Plan?, numbered Sheet No.100 and dated 27.08.2012.

 

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 


C2??? At the commencement of building works and in perpetuity the entire property shall be managed 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'.

 

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

C3??? Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of 'Planning for Bush Fire Protection 2006'.

 

Evacuation and Emergency Management

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

 

C4??? Arrangements for emergency and evacuation are to comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

 

An Emergency /Evacuation Plan is to be prepared consistent with the NSW Rural Fire Service document 'Guidelines for the Preparation of Emergency/Evacuation plan'.

 

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

C5??? Windows and doors on the Ground Floor and Level 1 for the northern, eastern and southern elevations shall be fitted with ember-protecting screens that comply with the provisions for BAL 12.5 construction of AS3959-2009 and ?Construction of buildings in bushfire-prone areas?.

 

C6??? Any gaps in the external facade that are greater than 3mm on the Ground Floor and Level 1 for the northern, eastern and southern elevations shall be sealed or screened with ember-protecting screens that comply with the provisions for BAL 12.5 construction of AS3959-2009 ?Construction of buildings in bushfire-prone areas?.

 

 

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

 

Water and Sewerage Section 68 approval required

 

5??????? An approval under Section 68 of the Local Government Act 1993 to carry out water supply work and sewerage work must be obtained.

 


Driveway details required

 

6??????? The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the public road 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??????? 2m transition grades where changes of grade exceed 12.5%;

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.

g??????? a physical barrier across the full road frontage of the property suitable to prevent vehicular access at locations other than the approved driveways;

h??????? a clearance height 2.2m for all internal car parking areas. Where disabled parking is to be provided a minimum clearance height of 2.5m is required. Building elements such as pipes, ducts, conduits and beams are not to encroach below the specified clearance height;

i??????? turning paths; and

j??????? linemarking and signs.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The plans must be in compliance with Council's Adopted Engineering Standard. Such plans and specifications must be approved as part of the Construction Certificate.

 

Public Safety Management Plan required

 

7??????? Consent from Council must be obtained for a public safety management plan for those works within the road reserve pursuant to Section 138 of the Roads Act 1993. This public safety management plan is to include provision for (but not be limited to):

 

a??????? a pedestrian barrier, alternative footpaths and ramps as necessary;

b??????? an awning sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;

c??????? lighting of the alternative footpath between sunset and sunrise;

d??????? the loading and unloading of building materials;

e??????? parking space for tradesman?s vehicles, where such vehicles must be located near the site due to tools and equipment contain within the vehicle.

 

Removal of any such hoarding, fence or awning must be undertaken as soon as the particular work has been completed.

 

Construction Traffic Management Plan

 

8??????? Consent from Council must be obtained for a traffic management plan pursuant to Section 138 of the Roads Act 1993. The plans and specifications are to include the measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development. The traffic control plan is to be designed in accordance with the requirements of the Roads and Traffic Authority?s Manual, Traffic Control at Work Sites Version 2, and Australian Standard 1742.3 - 1985, Manual of Uniform Traffic Control Devices Part 3, ?Traffic Control Devices for Works on Roads?.

 

The plan must incorporate measures to ensure that motorists using roads adjacent to the development and residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

 

The traffic control plan must be prepared by a suitably qualified and RTA accredited Work Site Traffic Controller.

 

 

On-site stormwater detention approval required

 

9??????? Stormwater drainage is to be designed to direct all water to a Council approved drainage system to prevent discharge runoff onto adjoining land. The drainage system is to be designed for 1 in 20 year storm events. On-site stormwater detention is required, restricting stormwater discharge to the pre-development runoff rate, for a 1 in 5 year storm event. This system must be designed in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. All piped drainage lines over adjoining land are to be located within drainage easements. All costs are the responsibility of the proponent.

 

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out stormwater drainage work.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

Engineering plans and specifications are to be submitted in triplicate and must include details in accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

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

 

Backflow Prevention

 

10????? Backflow prevention devices shall be installed appropriate to the hazard rating for the approved land use, in accordance with the current edition of AS/NZS 3500.1 and the NSW Code of Practice for Plumbing & Drainage.

 

Details of the proposed backflow prevention devices shall be provided to Council for approval with a Section 68 Application and prior to connecting to the water supply.

 

Sediment and erosion measures required

 

11????? The application for a Construction Certificate is to include plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom Manual 2004, ?Managing Urban Stormwater, Soils and Construction?.? Vol 2.

 

The sediment and erosion control plan is to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

 


Access and facilities for persons with access disabilities

 

12????? The application for a Construction Certificate is to include plans and specifications that indicate access and facilities for persons with access disabilities to and within the development in accordance with Disability (Access to Premises and Buildings) Standards 2010 AS 1428.1 - Design for Access and Mobility and Part D3 of the Building Code of Australia.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Details of pool fence required

 

13????? The application for a Construction Certificate is to include plans and specifications that indicate the details of the fence around the swimming pool in accordance with the Swimming Pools Act 1992 and AS1926.1.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Contributions and Certificate of Compliance (Water, Sewer and Drainage)

 

14????? Contributions set out in the following table are to be paid to Council.

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

20 x 0.75 and 2

$11,774

$200,158

JUNE 2013

Sewer

20 x 0.75 and 2

$8,894

$151,198

JUNE 2013

TOTAL

 

 

$355,356

JUNE 2013

 

 

Contribution to be paid towards provision or improvement of amenities or services

 

15????? Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Evidence of payment of the contributions is to be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 


Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

2 Bed

20

$1,166

$23, 320

JUNE 2013

Community Facilities and Open Space

3 bed

2

$1,555

$3,100

JUNE 2013

Surf Life Saving Equipment

2 bed

20

$75

$1,500

JUNE 2013

Surf Life Saving Equipment

3 bed

2

$105

$210

JUNE 2013

Section 94 Administration Charge

 

 

6%

$1,687.80

 

TOTAL

 

 

 

$29, 819.80

JUNE 2013

 

Compliance with BASIX Certificate

 

16????? The Principal Certifying Authority is to ensure that the proposed development is constructed in accordance with the requirements of the issued BASIX Certificate and any updates/modifications to the BASIX Certificate. 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.

 

With respect to the Class 3 portion of the building Part J requirements from the National Construction Code 2012 shall apply.

 

Geotechnical Report required ? Engineering Works

 

17????? A certificate from a professional Engineer experienced in soil mechanics is to be provided to the Principal Certifying Authority, certifying that:

 

a??????? the design of the civil engineering works, including retaining walls and/or cut & fill batters, has been assessed as structurally adequate;

b??????? the civil engineering works will not be affected by landslip or subsidence at, above or below the works;

c??????? adequate drainage has been provided.

 

Plans of retaining walls and drainage

 

18????? The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area has been approved via this development consent to exceed 600mm in height. Adequate provision must be made for drainage in the design of the structures.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

 


Waste Management Plan required

?

19????? A waste management plan is to be submitted to and approved by Council to ensure all waste is collected, stored and disposed of to the satisfaction of Council. The plan must incorporate measures to separate recyclable materials and describe the methods for collection of waste containers from the site.

 

Garbage storage area required

 

20????? The application for a Construction Certificate is to include details indicating the construction of a garbage storage area on-site. The garbage storage area is to be designed and constructed so as to conceal its contents from view from public places and adjacent properties and is to be blended into the landscaping layout. The storage area is to be located so as to be readily accessible from within the site and serviceable by the waste collector from the adjoining road.

 

Specifically, the garbage storage area is to contain the following design elements:

 

a??????? Bunded, with a minimum volume of the bund being capable of containing 110% of the capacity of the largest container stored, or 25% of the total storage volume, whichever is the greatest;

b??????? Provided with a hose tape connected to the water supply;

c??????? Paved with impervious material;

d??????? Graded and drained to the sewer system; and

e??????? Roofed to prevent the entry of rainwater.

 

Such plans must be approved as part of the Construction Certificate.

 

 

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

 

Erosion & sediment measures

 

21????? Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 2, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

Plumbing Standards and requirements

 

22????? All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, the Plumbing and Drainage Act 2011 and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

????????? The Plumber shall provide 48 hours Notice of Works to Council for all plumbing and drainage works to be carried out.

 

Residential building work

 

23????? 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

 

24????? 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

 

25????? 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

 

Consent required for works within the road reserve

 

26????? Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Maintenance of sediment and erosion control measures

 

27????? Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 


Construction times

 

28????? 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.

 

Limiting construction noise

 

29????? Construction noise is to be limited as follows:

 

a??????? For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).

b??????? For construction periods greater than four (4) weeks and not exceeding twenty‑six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A).

 

Construction dust suppression

 

30????? All necessary works are to be undertaken to control dust pollution from the site.

 

These works must include, but not are limited to:

 

a??????? restricting topsoil removal;

b??????? regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

c??????? alter or cease construction work during periods of high wind;

d??????? erect green or black shadecloth mesh or similar products 1.8m high around the perimeter of the site and around every level of the building under construction.

 

Builders rubbish to be contained on site

 

31????? 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.

 

Temporary pool fencing required

 

32????? Temporary fencing is to be installed around the pool site during its construction to prevent entry by children. Such temporary fencing is to remain in place until permanent fencing is erected.

 

Measures to control stormwater runoff

 

33????? Measures must be put in place to control stormwater runoff. These control measures must be in place prior to the commencement of works so as to prevent soil erosion and the transport of sediment from the site into either:

 

a??????? adjoining land,

b??????? natural drainage courses,

c??????? constructed drainage systems, or

d??????? waterways.

 

All disturbed areas must be stabilised and revegetated. Turfing or another approved seeding method must be undertaken in each part of the development within 7 days of completion of earthworks. Topsoil must be preserved for site revegetation. Details of sediment control measures and revegetation works must be submitted to the Principal Certifying Authority for approval prior to release of the Construction Certificate.

 

Support for neighbouring buildings

 

34????? If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

 

a??????? must preserve and protect the adjoining building from damage;

b??????? if necessary, must underpin and support the building in an approved manner;

c??????? must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

The owner of the adjoining allotment of land, public road or any other public place is not to be held liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the public road, any other public place or the adjoining allotment of land.

 

Survey of building location required

 

35????? A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the floor slab formwork, before concrete is poured, to ensure the siting of the building in relation to adjacent boundaries is in accordance with the development consent.

 

Survey of building height required

 

36????? A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the roof framing to ensure that the height is in accordance with the development consent.

 

????????? The main body of the building must be contained within the 14.0m height plane with the lift over run only exceeding the height plane by 0.5m.

 

 

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

 

Sewer and water to be connected

 

37????? Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

 

If an upgrade to the size of the water service is required all work to provide the service to the property boundary shall be carried out by Council at the applicants cost.  A quote shall be requested from Council and payment made prior to the work being undertaken.

 

Site to be landscaped

 

38????? The site must be landscaped in accordance with the approved landscape plan.

 


Underground electricity to be provided

 

39????? Written evidence must be provided to the Principal Certifying Authority that satisfactory arrangements have been made with an electricity supply authority for the provision of underground electricity supply from the existing electricity supply.

 

Car parking areas to be completed and signs to be provided

 

40????? The car parking areas are to be constructed in accordance with the approved plans. Signs are to be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

 

Damage to Council?s Infrastructure

 

41????? Where any damage occurs to Council?s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Survey Certificate of complete building required

 

42????? Survey certificates, from a registered surveyor, are to be submitted to the Principal Certifying Authority upon completion of the building.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH AT ALL TIMES

 

Car parking spaces are to be available for the approved use

 

43????? Tenants and customers of the development must have unrestricted access to the car parking spaces on a daily basis during business hours of the development.

 

No car parking spaces are to be reserved (generally or specifically) for any tenant or customer. .

 

Pool safety

 

44????? The occupier of the premises must ensure that there is at all times a sign in the immediate vicinity of the swimming pool bearing the words ?Young children must be supervised when using this swimming pool?. The sign is to be in a prominent position and be otherwise in accordance with Clause 10 of the Swimming Pools Regulation. Fences, gates, walls, etc. enclosing the general swimming pool area are to be maintained in good repair and condition at all times. Depth markers are to be installed 150 mm above the water line of the proposed swimming pool.

 

Swimming pool discharge

 

45????? The discharge of waste water from the swimming pool is to be in accordance with AS/NZS 3500.2.2, Section 10.9 and Figure 10.2.

 

Swimming pool pump location

 

46????? The swimming pool filter pump is to be located such that noise from the operation of the pump is not more than 5dB(A) above the background noise level at the boundary. If necessary an acoustic enclosure must be provided around the pump to achieve the required noise attenuation. The pump is not to be used between the hours of 8.00 pm - 8.00 am on any day if the noise of the pump is audible inside neighbouring houses.

 


Swimming pool health requirements

 

47????? The swimming pool water is to be re-circulated, filtered and disinfected in accordance with the requirements of Public Swimming Pools & Spa Pool Guidelines ? June 1996 and Public Health (Swimming Pools & Spa Pools) Regulation 2000. The swimming pool water is to be maintained at satisfactory levels of purity for bathing at all times.

 

 

REASONS FOR CONDITIONS

 

1??????? To comply with the provisions of Nambucca Local Environmental Plan 2010.

 

2??????? To ensure access for people with access disabilities

 

3??????? To provide adequate off street parking space for the anticipated traffic that will be generated by the development.

 

4??????? To preserve the environment and existing or likely future amenity of the neighbourhood.

 

5??????? To provide funds for the provision of services and facilities as required by the increased population or activity.

 

 

NOTES

 

Construction Certificate required

 

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing.

 

Occupation Certificate required

 

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

 

Protection of the Environment Operations Act 1997

 

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (?on-the-spot fine?) or prosecution.

 

Penalties apply for failure to comply with development consents

 

Failure to comply with conditions of this development consent may lead to an on the spot fine (generally $600) being issued pursuant to Section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to Section 125 of the Environmental Planning & Assessment Act 1979.

 

Location and size of mail boxes

 

Australia Post has requirements in respect to the location and size of mail boxes. For example, for single residences the mail box must be placed at the junction of the footpath and driveway, and have the opening slot between 0.9 metres and 1.2 metres above ground. The local Postal Manager has information about mail boxes and advice must be sought in relation to the size and location of mail boxes.


 

Attachments:

1View

?- CIRCULARISED COLOUR DOCUMENT - Concept Plans - East and West Elevations - Trim 4386/2013

0 Pages

2View

?- CONFIDENTIAL CIRCULARISED DOCUMENTS - Submission 1 - Trim 25764/2012 & 27428/2012, Submission 2 - Trim 27207/2012, Submission 3 - Trim 27353/2012, Submission 4 - Trim 27356/2012, Submission 5 - Trim 27385/2012

0 Pages

??


Ordinary Council Meeting - 28 February 2013

DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

 

 

 

CIRCULARISED COLOUR DOCUMENT - Concept Plans - East and West Elevations - Trim 4386/2013

 

??Pages

 


Ordinary Council Meeting - 28 February 2013

DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)

 

 

 

CONFIDENTIAL CIRCULARISED DOCUMENTS - Submission 1 - Trim 25764/2012 & 27428/2012, Submission 2 - Trim 27207/2012, Submission 3 - Trim 27353/2012, Submission 4 - Trim 27356/2012, Submission 5 - Trim 27385/2012

 

??Pages

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.3??? SF1268??????????? 280213???????? Our Living Coast - Final Report

 

AUTHOR/ENQUIRIES:??? Jacqui Ashby, Environmental Resource Officer ????????

 

SUMMARY:

 

The Our Living Coast Project was a joint initiative of Coffs Harbour City Council, Bellingen Shire Council and Nambucca Shire Council and is being funded through a $1.998m grant from the NSW Environmental Trust, under the Urban Sustainability Program.

 

There are two attachments to this report which have been provided to Councillors on a disc due to their size:

 

i???????? Final report from CHCC (Trim 3955/2013)

ii)?????? Final evaluation report from T-Issues (Trim 3109/2013)

 

 

 

Recommendation:

 

That Council note the progress and conclusion including the final reports of the ?Our Living Coast? sustainability initiative, that is being conducted in partnership with Coffs Harbour City Council and Bellingen Shire Council, with funding from the NSW Environmental Trust.

 

 

OPTIONS:

 

There are no other options.

 

 

DISCUSSION:

 

There are several milestones that have been reached since the last update, March 2012.

 

Ride 2 Work Day

 

Nambucca Shire hosted their third Ride 2 Work day riders breakfast on Wednesday 17th October under the Our Living Coast (OLC) banner. This was a success with 17 riders showing up for a hearty breakfast at the Macksville pool. Each rider wore a Ride to Work T-Shirt, left the car at home and braved the road all in the name of sustainability. There were prizes donated by CK Cycle and Skate awarded and a good media opportunity.

 

Council Action Learning

 

As one of the key objectives with the OLC project is for institutional change towards sustainability, Council Action learning workshops were run for indoor staff and Councillors in July. Most indoor staff and Councillors attended. Outdoor staff were unfortunately unable to afford the time to attend. A decision was made to transfer the remaining funds of $37 000 to the Healthy Homes program so that the Nambucca Valley community could continue the sustainability workshop series.

As part of Council?s commitment to sustainability, the Councillors are now in the process of going paperless with the OLC Council Action Learning funds purchasing 12 iPads.

 

Sustainable Library Book Collection

 

Through the on ground woks program a further $5000 was made available to the Nambucca libraries for purchase of topic related books. These included updating field guides (plants, weeds, animals, birds & marine life), Aboriginal and European cultural history, sustainable food and climate change books.

 

Healthy Homes Program

 

The Healthy Homes Program was launched in March 2011. This program aimed to make house holds in the region more sustainable and resilient to the impacts of climate change such as rising power and transport costs. Households enrol in the program, attend a minimum of four community sustainable workshops and can go in the running for a community grant for up to $2000 in their area. There are T-shirts and show bags available for all participant households.

 

Scotts Head, Taylors Arm and Eungai Creek have wrapped up their programs, with Scotts Head participants receiving; compost bins, worm farms, nesting boxes and native bee hives, Taylors Arm participants have designed a website to promote the area and the Medlow School markets and Eungai Creek have used their community grant to insulate the Eungai Creek Soldiers Memorial Hall.

 

The unused funds from the Council Action Learning program was funnelled into the Healthy Homes and Bowraville, Macksville, Nambucca Heads and Valla Beach each received a workshop series in the latter half of 2012. The participants of each area chose a worth while project for their community. Macksville group voted to enhance the CBD with painted flower pots along the main streets, Nambucca Heads helped the youth centre with starting a communal veggie patch, Bowraville donated a chook shed to the Bowraville community gardens and Valla Beach group donated outside blinds on the Valla community hall and native plants for the entrance sign to Valla Beach.

 

On-ground Works

 

Nambucca Shire Council's on ground works program was approved by the NSW Environmental Trust on the 28 July 2011.

 

Project 1 Flying Fox Camp ? Bowraville

 

The Flying Fox project was successful. The Grassy Park area has been turned back into a community recreation area for people to enjoy. The Endangered Ecological Community (EEC) that is present in the area has been successfully enhanced and weeded to ensure the area remains a wildlife corridor. The vegetation buffer zone that has been planted between residences and the flying fox camp has been successful. The need for management of this park has been identified and a Plan of Management has been finalised to help manage this area into the future.

 

A volunteer bushcare group, Friends of Grassy Park (FROG?s), has been established to ensure ongoing maintenance of weeds and care of the new plants in the park, especially the buffer zone. The FROG Group was presented with a small reference library of books as a thank you to the participants. Books included native plant species field guides, weed ID and native habitat restoration. This library was presented at the final fun day.

 

The fun day was held on the 22 November 2012 where 50 people attended. There was a BBQ, prizes to be won (books and flying fox plush toys) and show bags given out (calico bag, drink bottle & flying fox information). A set of Flying Fox books (including two storybooks for juniors) were presented to Bowraville Central School for their library as a thank you for their ongoing participation and curriculum study in Grassy Park.

 

Council is still waiting on CHCC for the signage and the regional Flying Fox plan of management.

 

Project 2 Wellington Rock Rehabilitation Project ? Nyambaga Walking Trail, Nambucca Heads

 

This project aimed to enhance and protect the dune area near Wellington Rock. This project has come from Council's endorsed Nambucca River Foreshore Management Plan. Total OLC funds $160 000

 

Stage 1 was the education program for the residents of the White Albatross Caravan Park, this was a simplified healthy household workshop series that started 12 October 2011. There was a series of 5 workshops to reinforce sustainability, these were; energy, waste, biodiversity, composting and responsible pet ownership. This workshop series helped reduce the amount of vegetation and weed species dumping in the park.

 

A Dog doo bag dispenser was placed within the caravan park to encourage resident and visiting pet owners to do the right thing. Several communal worm farms and compost bins were placed around the park to encourage residents to reduce their food and green waste. Five hundred seedlings of endemic species were planted around the caravan park and along the buffer zone between the park and the reserve, many of the residents helped with the plantings.

 

Stage 2 was realigning, widening and rebuilding the walking track back from the frontal dunes to help stabilise the beach dune area, and closing off the shortcut tracks. The east/west track from the caravan park to the intersection of the north/south track was widened and the remainder retained as a beach access. This track links the V Wall and Shelly Beach. There was a small walking track (bush tucker track) to highlight the important native vegetation.

 

The main tracks (N/S and E/W) were laid with bunker mat to help reduce erosion. Each end of the N/S track where there was a steep gradient, replas recycled plastic planks were laid as board and chain. This was to reduce erosion and help retain integrity of the path for walkers.

 

Finally a large viewing platform was erected overlooking Shelly Beach.? Three large replas recycled plastic seats were fixed to the platform.

A stairway from the carpark to the platform was erected to complete the pathway; this staircase was not part of the OLC funds and came out of the environmental levy.

 

Stage 3 was is a weed eradication program for the area and an intensive revegetation of the old tracks and sensitive areas, such as the EEC. This work was done by contractors and mostly by volunteers from the Nambucca Heads Dunecare group. The Dunecare group will continue in the area to eradicate weeds and help the adjunct plantings to flourish. The Dunecare Group was presented with a small reference library of books as a thank you to the participants. Books included native plant species field guides, weed ID and native habitat restoration.

 

Stage 4 was the installation of interpretative signage along the new walking track. As part of the intrinsic bio-cultural heritage of the area, Council in conjunction with the Gumma Indigenous Protected Area Group and the Nambucca heads Local Aboriginal Land Council, developed a partnership for the interpretative part of the walking trail. Eighteen full colour signs have been erected along the trail. Topics include, bush tucker (both marine and terrestrial), shipwrecks, dream time, EEC, birds, reptiles and animals, dune processes, estuaries, geology and cetaceans. A pamphlet including a map was also produced and is available at Council, the visitor centre, White Albatross Caravan Park and several caf??s around the shire.

 

This walking trail was officially opened on the Friday 30th November 2012 by Mayor Rhonda Hoban. The opening ceremony consisted of a smoking ceremony and a welcome to Country by a Michael Jarrett, a speech by the Mayor and guided tours from Southern Gumbaynggirr locals. The opening celebrations continued over the weekend with guided tours, showbags given out (these included information about the bio-cultural aspects of the area, drink bottle and a pen) and a water fountain providing filtered water to walkers. There were also many prizes of various field guides and topic books to be won. There were over 800 people that walked the new track over the opening weekend.

 

This project was the flagship of the Nambucca Shire.

 

Through this project, $5000 worth of books (mainly field ID guides), were purchased for the two shire libraries.

 

Project 3 Urban Creek Restoration ? Nambucca Heads ? Stormwater Turtle Project

 

This project aimed to restore and enhance Freshwater and Beer Creeks in Nambucca Heads. This project has also come from the Council endorsed Nambucca River Foreshore Management Plan. Total OLC funds $100 000

 

Stage 1 Stormwater Turtle Project launch and cultural interpretation day at Bellwood Park Saturday 26th November. There will be stakeholder stalls, dreamtime talks, project overview, garbage clean up of area, native vegetation plantings, give-a-ways and drain stencilling. The aim of the Stormwater Turtle is to enhance the quality of stormwater entering the Nambucca River, especially at the swimming area for human health.

 

Stage 2 was rehabilitating Freshwater creek, including installing a gross pollutant trap (GPT), stabilisation of the beach area including beach accesses, weeding and planting of native vegetation and general landscaping.

 

Stage 3 was the rehabilitation of Beer Creek, including stabilisation works to the beach area adjacent to Anzac Park, weed removal including removal of some trees that are not native, enhancement plantings of native species. There was community planting days with members of the RSL Sub Branch and the Nambucca Heads Lions club.

 

Stage 4 install interpretative signage. One large sign has been erected at Bellwood Park to showcase the works done and to highlight what stormwater is all about. Drain stencilling (This Drains To The Nambucca River) kits were given to both public schools in Nambucca Heads for students within their curriculum to help stencil drains and learn about the water and stormwater cycle. One kit was donated to the Nambucca Heads LALC for continued drain stencilling for program participants.

 

 

CONSULTATION:

 

Extensive consultation has taken place between the three participating Councils. Representatives of the three Councils make up the Steering Committee which coordinates the Our Living Coast grant program.

 

Nambucca Heads RSL Sub Branch

Nambucca Heads Lions Club

Nambucca Heads Local Aboriginal Land Council

Gumma Indigenous Protected Area

Landcare

Dunecare

FROG?s

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

?????????????? Identification of broad sustainability issues for the region within a single plan that provides clear direction based on ecological, physical and social evidence and on-going monitoring and evaluation.

?????????????? Improve urban biodiversity health (weeds, regeneration, corridors).

?????????????? Improved understanding of biodiversity and sustainability issues by key stakeholders including Councils, partners, decision-makers, the community and businesses.

?????????????? Increased capacity of councils to adopt sustainable practices.

?????????????? Reduced energy, water and waste across councils, community and businesses.

?????????????? Improved sustainable use of resources through improved management techniques within Councils.

?????????????? More use of alternative transport options.

 

Social

 

?????????????? Improved knowledge and data management and information sharing across all stakeholders through a regional online hub.

?????????????? New and strengthened partnerships and networks across a range of stakeholders, including business and community.

?????????????? Sustainability embedded in Council systems and governance.

?????????????? Community actively engaged in participatory activities such as Landcare, Coastcare, indigenous green teams.

?????????????? Improved access, amenity and educational opportunities in urban natural areas for communities.

?????????????? Indigenous communities engaged in design and planning of education materials and on-ground works.

 

Economic

 

?????????????? Improved understanding of sustainable economic development possibilities in the region (eg ecotourism).

?????????????? Improved resource sharing (knowledge, costs) and allocation across alliance and partners group by identification of priority funding requirements.

?????????????? Reduced energy and water usage and improved efficiencies with associated costs savings.

?????????????? Funding secured for regional sustainability initiatives.

 

Risk

 

Low

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The only costs incurred by Council are in kind costs.

 

Source of fund and any variance to working funds

 

Nil.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.4??? SF25??????????????? 280213???????? Donations Applications for 2013 - Section 356

 

AUTHOR/ENQUIRIES:??? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

At its meeting on 27 September 2012 Council resolved as follows:

 

1????? That Council adopt the Draft Donations Policy.

???????????????? 2 That Council writes to Committees and Organisations that have received

?????????????????? donations from Council previous to this policy being adopted and advise them of

?????????????????? Council?s new policy and also forward them an application form.

????????? 3????? That the words ?and whether the objectives of the funding were met? be added

???????????????? to clause 4.15 of the draft policy.

 

A letter was issued to 23 organisations and all Council?s Section 355 Committees of Management informing them of Council?s new policy and providing them with a copy of the policy and the new application form.? Interested organisations provided Council with their application by the closing date of 31 January 2013.

 

In all, 15 applications were received requesting financial assistance from Council under its new Donations Policy.? The applications are summarised at the attached (Trim 3197/2013) document.

 

 

Recommendation:

 

1??????? That Council consider all the applications for donations under Section 356 as part of its 2013/14 budget consideration.

 

 

 

OPTIONS:

 

Council consider other amounts.

 

 

DISCUSSION:

 

At its meeting on 27 September 2012 Council resolved as follows:

 

1????? That Council adopt the Draft Donations Policy.

???????????????? 2 That Council writes to Committees and Organisations that have received

?????????????????? donations from Council previous to this policy being adopted and advise them of

?????????????????? Council?s new policy and also forward them an application form.

????????? 3????? That the words ?and whether the objectives of the funding were met? be added

???????????????? to clause 4.15 of the draft policy.

 

A letter was issued to 23 organisations and all Council?s Section 355 Committees of Management informing them of Council?s new policy and providing them with a copy of the policy and the new application form.? Interested organisations provided Council with their application by the closing date of 31 January 2013.

 

In all, 15 applications were received requesting financial assistance from Council under its new Donations Policy, copy attached.? The applications are summarised at the attached (Trim 3197/2013) document.

 

A table is provided below showing the organisation, the amount requested for 2013 and Council?s donation in the previous year(s):

 

 

 

ORGANISATION

2013 DONATION REQUEST - $

PREVIOUS COUNCIL DONATION - $

1

North Coast Academy of Sport Inc

2,300.00

In 2010/11??? $1,000

2

Life Education NSW Northern NSW Office

2,000.00

nil

3

Headland Museum (Nambucca District Historical Soc

828.77

nil

4

Valla Beach Community Association

28,000.00

May only be $14,000 if other grant applications are successful

Only received a Volunteer Grant

in 2011 of??? $4,650

5

Macksville Scotts Head Surf Life Saving Club

5,000.00

Plus continuation of s94 funding

Admin Expenses in 2011/12 $3,850

S94 Contribution in 2013??? $8,824

6

Mary Boulton Pioneer Cottage & Museum

?

Only received Volunteer Grant

In 2011 of??? $4,171

7

Nambucca Heads Surf Life Saving Club

17,696.20

nil

8

Talarm Hall Committee

1,540.00

Only received Volunteer Grant

In 2011 of??? $1,729

9

Macksville Senior Citizens Club

3,547.00

nil

10

Nambucca Valley Craft & Arts Inc

?

nil

11

Scotts Head Sports Field

1,200.00

nil

12

Nambucca River Marine Rescue Inc

3,000.00

2009/10??? $3,000

13

North Coast TAFE, Macksville

100.00

2012??? $100

14

Nambucca District Band

6,500.00

2011/12??? $4,000

15

Nambucca Valley Arts Council

750.00

Biennial Art Exhibition 2011??? $500

16

Arts Mid North Coast Inc

4,984.27

2012/2013??? $4983.29

 

TOTAL

77,446.24

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no impact on the environment.

 

Social

 

The outcome of this report will impact on many of the residents of the Nambucca Valley as many are from lower socio-economic groups, would not have access to certain facilities, would not be able to provide to the broader community etc without the financial assistance requested granted by Council.

 

Economic

 

Many of the organisations seeking Council assistance through the donations application provide a service or interest for visitors to the Valley, thus contributing to the overall economy of the Valley.

 

Risk

 

This report renders no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The donations Budget has been accounted for in this year?s budget allocations.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or resourcing/staff implications as a result of this report.

 

 

Attachments:

1View

3197/2013 - Summary - Application for Section 356 Donations 2013

0 Pages

2View

6416/2011 - CCS - POLICY - Donations

0 Pages

??


Ordinary Council Meeting - 28 February 2013

Donations Applications for 2013 - Section 356

 

 

APPLICATION FOR SECTION 356 DONATIONS 2013 ? SUMMARY

 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

1

North Coast Academy of Sport Inc

Identification & development of young athletes who demonstrate emerging sports talent. Developing coaches & other volunteers. Currently 340 athletes & 90 coaches, manages & sports officials across 15 sports programs through North Coast region.

Attached to Annual Report for 2011

$2,300

Alleviating disadvantages that talented junior sub-elite regional athletes experience in terms of access to quality coaching, competition & sports science.

Is the voice for regional sport programs & facilities.? Recent local beneficiary - Craig Jarrett

Currently supports 22 Scholarship holders (Triathlon, Rugby, Lawn Bowls, Netball, AWD, SLS and RACE from the Shire - plus 6 coaches & Managers

Helps to alleviate some costs of travel, accomm, coaching.

approx $240,000

 

2335/13

2

Life Education NSW - Northern NSW Office

Provides health education to children & young people. Provides local mobile learning centre for over 30 years to our primary schools

Attached to Annual Report for 2012

$2,000

To subsidise the cost to parents & reduce attendance fee by $2 per child for 1,000 children (683 children in 8 primary schools in Valley)

Will enable more families to afford to send children.? Focus on Healthy living for the young to make healthier choices

In 2012 683 children attended program.? Extended family & peer groups will benefit and may flow onto wider community

Children aged 5 - 11 most at risk from poor health practices and substance abuse

5,000

 

2336/13

3

Headland Museum (Nambucca District Historical Society)

Section 355 Committee

yes - at 1406/203

$828.77

Previous computer unusable and considered beyond economic repair

Community & tourists will benefit from research, respond to historical queries and cataloguing of artefacts.? Provide education to local school children through educational material and supporting visits by local schools

 

Whole community benefits with the Museum having computer access -? including local schools.? Volunteers will no longer have to use their personal? for Museum work.

Had the Museum not initially provided 100% of funds to replace computer and associated equipment, the ongoing activities of the museum could not have been supported

$834.95

 

1406/13? 2153/13


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

4

Valla Beach Community Association

Responsible for Community Hall --Bookings etc. Bi Monthly Market fundraising for Valla community.? Anderson Park improvements

yes - at 1833/2013

$28,000????? Less grants

Shade over bench at Anderson Park, Cricket practice net, exercise equipment, print Valla Views and supply paper + 5 flyers pa

Improvements to Anderson Park being realised - toilet block & playground

Total community will have use

 

$14,000

 

1833/13

5

Macksville-Scotts Head Surf Life Saving Club

To preserve & safeguard life and prevent drowning

yes - at 1834/2013

$5,000?????????????? plus continuation of S94 funding

Purchase & Maintenance of life saving equipment.? Train local high school students in first aid and surf life saving as part of their bronze medallion training.? Also provide more advanced training in resuscitation, defibrillation, spinal injury management etc.

Provides voluntary surf life saving at Forster Beach, Scotts Head

in 2011/12 the Club had 54 Snr Active Members and a total of 303 financial members

Provide life guard services to disadvantaged rural youth who often visit the beach on school trips.? It is difficult for any voluntary community service organisation in the Valley to generate annual funding ($75,000) to maintain their operations

. Approx $70,000

 

1834/13

 


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

6

Mary Boulton Pioneer Cottage & Museum

Section 355 Committee

Provided with AGM Minutes 8/10/2011

Not provided

Toilet Block: replace entire block with unisex/disabled block OR replace existing cisterns & bowls & supply approp aids for people with disabilities. Blinds: supply & install clear PVC blinds to area near rear of annexe.?? Gutters: assess removing some of the gutters, arrange for them to be cleaned twice/year. Door Frames: Damaged (by white ants) door frame be replaced and other frames be assessed and replaced with timber unlikely to be attracted by white ants.

Not provided

 

Not provided

Not provided

 

2874/13

7

Nambucca Heads Surf Life Saving Club

Beach patrols, surf rescues, life saving training, first aid on beach, nipper training, school based programs

Attached to application (Trim 2642/2013)

$17,696.20

Purchase of all terrain vehicle (ATV) to provide roving patrols from Shelley Beach to Deep Creek - for movement of rescue boat (IRB).? Current ATVs need to be replaced

By offering surf life saving across the whole area without being limited by equipment failure - allow rapid/safe response to emergencies

All swimmers, walkers, fishers, boating people, locals and visitors.? Business houses, education programs at schools, helps reduce crime

Club membership involves a significant number of people who would be considered to come from low socio economic backgrounds.? The Valley lacks large size businesses that are capable of sponsoring a large donation like this one

None - apart from some establishment costs and high cost of rego/insurance and maintenance

 

2642/13


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

8

Talarm Hall Committee of Management

Section 355 Committee

Yes, at Trim 2618/2013

$1,540

Supply new fly screens to kitchen and hall; install new spirals to double hung windows (none of which work at present)

Health issue for the many food-related functions held at the hall

Some 450 people live in vicinity but supporters for functions often come Kempsey, Nambucca Heads, Bowraville & Macksville

No applicant would be disadvantaged if Council considers the needs of the applicant

None

 

2618/13

9

Macksville Senior Citizens Club

Section 355 Committee

Yes, Trim 2875/2013

$3,547.00

Repair male, female & disabled toilet facilities to alleviate a number of health and safety issues particularly for seniors

Users of the Centre, particularly the elderly - taps will be user friendly, toilet seats will not have sharp edges and broken tiles will be removed.

It is estimated that 1500 to 2000 people use the centre fortnightly

Primary users are aged pensioners.? Most, if not all suffer from health issues and need to be supported on a regular basis.

None

 

2857/13

10

Nambucca Valley Craft & Art Inc

Craft & Art group displaying and selling products from The Gallery in Bowra Street, NH.? Membership approx 30.

Not provided

Not provided

We only wish that photocopying arrangements agreed with Michael Coulter continues - ie 100 double sided colour copies every three (3) months

 

 

 

None

 

2486/13


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

11

Scotts Head Sports Field Committee of Management

Section 355 Committee and now incorporates Scotts Junior Sports Club

Not provided

$1,200.00

Purchase of approved line-marking paint - lines require periodic touch-ups all carried out by volunteers using equipment purchased through Sport and Recreation funding

Community will continue to benefit with growing numbers of athletes and other sporting participants of all ages being attracted to the field.? Young athletes, especially the indigenous, are excellent role-models

Over 60 children participate in the Little Athletics program; over 15 athletes participate in the 3 training afternoons per week, 50 young cricketers, over 50 students attend Healthy Lifestyle camps (over 80% indigenous) 4 small school use Park for their athletic carnivals.

Field provides a high standard athletics facility.? Indigenous students from our Valley & beyond can enjoy quality facilities and coaching/ mentoring.? Disabled students/ athletes also included in various camps.? Investigating employing an unemployed youth to be mentored in field maintenance and preparation

$400? This will allow for adverse effects of wet weather and periods of intense use/grass growth.

 

2366/13

12

Nambucca River Marine Rescue Inc

A volunteer rescue organisation which is on call 24/7 all year providing rescue, search & education service to community & tourists

Not provided

$3,000.00

Assist with cost of electricity and publicity, to provide fuel for the vessels for rescue and training

Keep community and visitors safe on our waterways.? Provide training for members of the community.? Provide boat licensing.?

Cannot be measured

 

varies from $15,000 to $40,000

 

483/13

13

North Coast TAFE Macksville

Provide adult education

Not provided

$100.00

Funds will be used towards Awards for students at annual Graduation Function

Students acknowledged for their success

$100 will be used for Awards for 4 students

80% of students receive a CentreLink payment, low or no income

$2,000

 

1084/13


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

14

Nambucca District Band

Valley's community band. Train, teach and promote the love of music to band members of all ages as well as the community engagement in performances & events

yes - see 2273/2013

$6,500.00

Purchase instruments and music, day to day running costs to finance band - estimates pa: Rent - $500; Admin $1000; Uniforms - $1000; instrument purchase & repairs - $1500; Drum kit costs - $2500

Whole community enriched by music through participation or spectator. Members get free tuition and instrument hire, social outings.

Band members from all over Valley, and all ages.? Currently 25 members.? Performs at Australia Day, ANZAC Day, Breakfast by the River, Macksville Gift Parade, Christmas concerts, Theatre Carols, Carols by Candlelight, at nursing homes, special events, funerals, CBD performances and provide bugler for memorial ceremonies.????????????????????????????????????????????????????????????????

Reaches people of many age groups no matter their financial status so can benefit many people in the community.? Relies on donations to finance it.? Beneficiaries include lower socio-economic status and offers free events and performances; offer social outing to those isolated & alone; enjoyment to the elderly who cannot afford to attend paid concerts or who may also have limited mobility issues and cannot travel far.

$2,000

 

2273/13

15

Nambucca Valley Arts Council

Affiliated? to Arts Council of NSW.? Promote visual art, music & drama.? Organise exhibitions, coach tours to regional galleries, classical music concerts, financially support young people. 188 members.

yes - see 450/2013

$750.00

Sponsor art prize for Biennial Art Show -Sept/ Oct 2013.

Biennial Art Show is a major public event attracting local residents & visitors to area. Opportunity for local artists to display work. Any profits made are channelled into cultural events program such as concerts, financial support for the participation of young people in arts pursuits and support various sub committees

Last Art Show attracted over 1000 visitors over 9 days and we displayed over 370 works of art and craft.

The Valley is an economically & culturally deprived area . NVAC provides vital opportunities for residents to enjoy the visual arts, classical music and drama at low cost.? No other organisations in our Valley who are working towards these aims

$4,000

 

450/13


 

 

APPLICANT

DESCRIPTION OF APPLICANT

FINANCIAL STATEMENT

AMOUNT OF ASSISTANCE? REQUESTED

PROPOSED USE OF FUNDS

BENEFIT TO COMMUNITY

NO OF PEOPLE THAT WILL BENEFIT

HOW ARE BENEFICIARIES OF FUNDS DISADVANTAGED

 

APPLICANT'S CONTRIBUTION

COUNCIL COMMENT

TRIM FILE

16

Arts Mid North Coast Inc

Peak regional body for arts & cultural development , members are from 7 local Councils & each represented on AMNC C?tee

No provided

$4,984.27

Continue to provide wide range of services: NV Arts Council Biannual Show, NY Services Centre, B?Ville Theatre, Beyond Empathy, Matilda St Gallery, film skills w/shops, Saltwater Freshwater Aboriginal Arts Alliance, Genwire Artspace, ABC Open, Cultural & Heritage Trail, maintain strong media partnership, provides daily advice & assistance to artists, community works, orts organisations & volunteers

Entire community benefits ? makes significant contributions to assisting local government to fulfil its objectives in community & cultural development.

Entire community

Strong focus on delivering support & development resources to numerous disadvantaged sectors of the community including: disabled community members; disengaged youth; indigenous community members

$221,015.78

 

3485/13

 


Ordinary Council Meeting - 28 February 2013

Donations Applications for 2013 - Section 356

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

?POLICY

DONATIONS

(CHARITABLE AND OTHER)

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

1.0?????? Policy objective

 

1.1???? To provide clear guidelines for the management of financial donations made by Council.

 

1.2???? To allocate financial assistance funds in an equitable and appropriate manner

 

1.3???? To provide in-kind assistance to local not for profit organisations and events.

 

 

2.0?????? Related legislation

 

???????? Section 356 Local Government Act 1993

???????? Local Government and Planning Legislation Amendment (Political Donations) Act 2008

 

3.0?????? Definitions

 

3.1?????? Council may, in accordance with a resolution of Council, contribute money or otherwise grant financial assistance to persons or organisations for the purpose of exercising its functions.

 

3.2?????? A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this Section until at least 28 days? public notice of Council?s proposal to pass the necessary resolution has been given.

 

4.0?????? Strategies

 

4.1?????? During the management planning process each year Council allocates funds for Section 356 Financial assistance.? To optimise the benefit of these funds in the community, funds are allocated in accordance with the strategies, eligibility and selection criteria outlined in this Policy.

 

4,2?????? Each year Council will allocate an amount in its annual budget for Section 356 Financial Assistance.

 


4.3?????? In August/September each year Council will advertise and call for applications from individuals/groups/organisations for financial assistance from Council in accordance with the requirements of Section 356 of the Local Government Act.? The advertisement will advise the deadline for applications, which will be no less than 28 days from the first date of publication.

 

4.4?????? All applicants will be made aware that there are limited funds available in Council?s Operational Plan.

 

4.5?????? All applicants will be required to complete an application in the approved form, which will include a brief description of the organisation, the organisation?s viability, the purpose of the funding request and the need to be accountable for any funds provided.

 

4.6?????? The above process will occur only once in each financial year and allocation of funds is at Council?s discretion.? The funds allocated as part of this process will be 80% of the total allocation for the respective year.

 

4.7?????? Councillors will receive copies of each application prior to the Meeting at which the annual allocation of Section 356 Financial Assistance is considered.

 

4.8?????? Each Councillor is to rank applications which they consider deserve funding in order of merit, and indicate the amount of financial assistance they consider should be allocated to each application.? Councillors may indicate that particular applicants should receive an amount of funding from 100% of the amount requested, to nil, based on their assessment of the application, in accordance with the requirements of the Act and the selection criteria outlined in this Policy.

 

4.9?????? Staff will then collate the results, average the rankings and recommended allocations, and prepare a report to Council advising of the collective recommendations.? Applications will be funded in accordance with the collective recommendations of Councillors, and the funds allocated from the top of the order of merit/ranking downwards, until the budget allocation is fully committed.

 

4.10???? Section 356 Financial Assistance allocations are to be approved by resolution of Council.

 

4.11???? Funds are to be made available to groups at the commencement of the new financial year (July).

 

4.12???? Financial assistance is available to non-profit organisations which provide a community service or the like within the Nambucca Valley; that service should assist Council exercising its functions.

 

4.13???? Financial assistance will only be provided to applicants who act for private gain, in exceptional circumstances, and then only strictly in accordance with the requirements of the Act, including 28 days public notice.

 

 

4.14???? Assistance with funding for events is subject to another process; accordingly, funding relating to the conduct of events will only be funded under Section 356 contributions if they are one off community based events that provide a social benefit to the community.

 

4.15???? Groups who receive funding will be required to show proof of expenditure for the purpose nominated within twelve (12) months and whether the objectives of the funding were met, by completion the Evaluation of Grant and Financial Report form.? Groups who fail to comply will not be considered for further funding.

 


5.0?????? Selection Criteria

 

In ranking applications and making recommendations of the amount of financial assistance that should be allocated to applications, Council should:

 

i? Consider how each project will assist Council exercise its functions.

 

ii? Consider the impact each project will have on the community or on disadvantaged groups within the community.

 

iii Consider the number of potential beneficiaries from the proposed project or service.

 

iv????????? Where the project has a smaller number of potential beneficiaries from the proposed project or service, consider the relative disadvantage of that group of people (eg low income, youth, Aboriginality, rural or social isolation, disability, etc).

 

v Consider the availability of other funding sources.

 

vi????????? Consider resources/projects availability to the general community.

 

vii????????? Consider the equity of support to groups across the area.

 

viii???????? Consider whether or not the applicant has received Section 356 Financial Assistance in previous years.

 

ix????????? Include consideration of whether requirements for previous funding have been met.

 

 

6.0?????? Process for the Balance of Funding (20%)

 

The allocation of the remaining balance of the Section 356 allocation each year will be determined by the Mayor and General Manager in response to requests and applying the criteria set down in this policy.

 

 

7.0?????? Photocopying

 

Council provides a photocopying service for not for profit and community based service organisations with the Nambucca local government area.? Council will undertake copying of up to 1,000 double sided A4 pages twice per annum at no cost provided the organisation gives Council the necessary photocopy paper at a specification which meets the requirements of Council?s copier.? This copying will be in black and white only.? No colour copying to be provided.

 

 

 

Department:

 

Last Reviewed

Resolution Number

Author:

Monika Schuhmacher

 

 

Document No.

6416/2011

 

 

First Adopted:

27 September 2012

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Corporate and Community Services

ITEM 10.5??? SF251????????????? 280213???????? Schedule of Council Public Meetings

 

AUTHOR/ENQUIRIES:??? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The following is a schedule of dates for public Council meetings.? The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Recommendation:

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

28/02/2013

Council Chambers

5.30 PM

Water Supply Steering Committee

06/03/2013

Leave Council Chambers at 10.15 am for Bowraville site

10.45 AM

Ordinary Council Meeting

13/03/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

28/03/2013

Burrapine Hall.

Leave Council Chambers at 4.00 pm

5.30 PM

Water Supply Steering Committee

03/04/2013

Leave Council Chambers at 10.15 am for Bowraville site

10.45 AM

Ordinary Council Meeting

10/04/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

24/04/2013

Valla Rural Hall

Leave Council Chambers at 4.15 pm

5.30 PM

Water Supply Steering Committee

01/05/2013

Leave Council Chambers at 10.15 am for Bowraville site

10.45 AM

Ordinary Council Meeting

15/05/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

30/05/2013

Nambucca Entertainment Centre

Leave Council Chambers at 4.30 pm

5.30 PM

Water Supply Steering Committee

05/06/2013

Leave Council Chambers at 10.15 am for Bowraville site

10.45 AM

Ordinary Council Meeting

12/06/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

27/06/2013

Council Chambers

5.30 PM

 

Note:?? Departure times to Rural Halls have been added.

Note:?? Meetings at the Rural Halls will commence with tea and sandwiches at 5.00 pm.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.6??? SF320????????????? 280213???????? Macksville Tennis Club Committee of Management - Minutes of the Annual General Meeting - 13 February 2013

 

AUTHOR/ENQUIRIES:??? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting of the Macksville Tennis Club?s Committee of Management and the new Committee. A copy of the minutes, including the financial statements, is attached.?

 

 

Recommendation:

 

That Council endorse the Macksville Head Tennis Club Committee of Management?s minutes of the Annual General Meeting held on 13 February 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Macksville Head Tennis Club Committee of Management was held on Wednesday 13 February 2013.

 

The Committee of Management for the ensuing year consists of the following Office Bearers:

 

????????? President ?????????????????????? Lyn Scanlan

????????? Vice President???????????????? Robyn Aitken

????????? Secretary??????????????????????? Cathie Vine

????????? Treasurer???????????????????????? Viv Fogg

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 


Risk

 

There are no risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications to the working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to the service level or resourcing/staff implications.

 

 

 

Attachments:

1View

4202/2013 - Minutes of Macksville Tennis Club AGM - 13 February 2013

0 Pages

??


Ordinary Council Meeting - 28 February 2013

Macksville Tennis Club Committee of Management - Minutes of the Annual General Meeting - 13 February 2013

 

Minutes of Macksville Tennis Club AGM 13/2/13

Meeting Opened:? ?7.40pm

Attendance: Robyn Aitken, Viv Fogg, Cathie Vine, Ann Laverty, Greg Meyers, Lyn Scanlan, Kylie Hunt

Apologies:? Ann Antcliffe, Thea Morrison

Minutes of Last Meeting

That the minutes of the meeting held 11 February 2012 be received

Moved: Ann Laverty????????????????????? Seconded:? Robyn Aitken

Business arising:

There was no business arising from these minutes

Presidents Report: see attached

Treasurers Report:? see attached,

That the Treasurers Report be accepted, audit to be arranged,

Moved Viv Fogg?????????????????????????????? Seconded Ann Laverty

Membership Report:? see attached:? 57 members

Coach?s Report

Kylie has 45 ? 50 Juniors in coaching over 4 days per week between the ages of 3 ? 18 years.

The District Competition dwindled last year with 20 in the Friday night Comp.

Hot Shots is starting up on Saturday mornings run by Kylie and Alex

Kylie is talking to the local schools about the National School Partnerships

Kylie would like to arrange a Gala Parent/Child to be held in March or April (date to be set). Greg advised contacting Peter O?Grady, Council, to check football start date so as not to clash.

Election of Office Bearers

Greg Meyers declared all positions vacant.?

President:??? Lyn Scanlan

Vice President:?????? Robyn Aitken

Treasurer:??? Viv Fogg

Secretary:???? Cathie Vine

Greg supplied a copy of Section 355 Committees, Guide to Operations and Delegations of Authority from the Nambucca Shire Council. Further copies are available from the Council offices.

 

General Business

Selectors for 2013? Margaret Smith and Lyn Scanlan

Fees to remain the same as 2012

?Adult:? $50

????????????????????????????????????? Senior:? $45

????????????????????????????????????? Junior:? $30

Hall Hire:? ??? Day time:? $10 per hour

???????????????????????? Night time:? $15 per hour

???????????????????????? Bond to remain the same

Court Hire:

Private

 

Members

Non Member

Day time

$0

$10

Night time

$10

$20

 

Social

 

Members

Non Members

Day

$5

$7

Evening

$7

$10

 

New Membership forms to be draw up.

Minutes to be emailed when addresses supplied and a hard copy to be posted on the noticeboard.

 

Meeting closed:? 8:15

Next Meeting to be February 2014.



Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.7??? SF281????????????? 280213???????? Youth Week 2013 Program

 

AUTHOR/ENQUIRIES:??? Vicki Fernance, Youth Development Officer ????????

 

Summary:

 

Nambucca Shire Council will receive $1230 funding (funding agreement signed 22 October 2012) to run activities for the youth in the Shire as part of National Youth Week 2013.

 

Youth Week will be held 5 ? 14 April 2013 ? the theme is ?Be Active, Be Happy, Be You.

 

 

Recommendation:

 

That Council approves the Youth Week 2013 activities which are being run by Nambucca Shire Council.

 

 

OPTIONS:

 

1?????????? Council has the option of not being involved in Youth Week 2013.

 

2?????????? Council has the option to amend the program.

 

 

DISCUSSION:

 

Nambucca Shire Council holds events every year around the Shire for Youth Week.? Events are funded by the annual Council allocation and matched funding from the Commission for Children & Young People.

 

The following events have been planned (subject to final confirmation closer to Youth Week 2013):

 

Musicians Making a Difference

 

Musicians Making a Difference (MMAD) will do two workshops, venues to be confirmed, prior to the Macksville Show.? These workshops will be tailored to suit the young people in the community, for example, songwriting, hip hop, band techniques, singing, etc.? Consultation with the young people attending will be held at the workshops as to the content of the workshops.? The workshops will be a lead up to the concert at the Macksville Show (see below).

 

Macksville Show 2013

 

A Chill Out Space will be present at the Show.? The Chill Out Space is a safe place for youth to come to where there will be free water, information and activities provided by the Youth Development Officer for 12-25 year olds.? As the Show is in Youth Week, Musicians Making A Difference will present a concert next to the Chill Out Space to highlight the talented young people in the Shire.

 

Junior Lands Council (Nambucca Heads High School)

 

Activities at the three local high school, Bowraville, Macksville and Nambucca Heads, will be organised by the Junior Lands Council during Youth Week 2013.? Activities are yet to be determined.? Youth Week 2013 funding will cover the costs for these activities.

 

All activities will be around the theme of Youth Week 2013, ie, Be Active, Be Happy, Be You.

 

It is anticipated that Council will be involved in other activities being held around the Shire by partnership with other organisations.


CONSULTATION:

 

Manager Community and Cultural Services

Nambucca Valley Youth Services Centre

Young people

Nambucca Heads Lands Council

Nambucca Heads Junior Lands Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact on the environment.

 

Social

 

Youth Week is an opportunity to highlight young people?s valuable contribution to the community, empower them and create a better acceptance and understanding of young people.

 

Economic

 

There are no economic implications as Council receives funding to hold events in Youth Week.

 

Risk

 

There is a small element of risk during some of the activities.? Supervisors will be in attendance at all events.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact as all events are fully funded by the Youth Week grant, Council?s allocation and Youth Development Officer Project.

 

The program is designed to fit with available funding.

 

Source of fund and any variance to working funds

 

Nil.

 

Service level changes and resourcing/staff implications

 

No impact.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.8??? SF1148??????????? 280213???????? Contract Regulatory Officer's Report January 2013

 

AUTHOR/ENQUIRIES:??? Teresa Boorer, Administrative Support Officer ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for January 2013.

 

Recommendation:

 

That the report from the Contract Regulatory Officer for January 2013 be received and noted by Council.

 

 

Cats

Dogs

COUNCIL?S SEIZURE ACTIVITY

 

 

Seized (doesn?t include those animals dumped or surrendered)

0

1

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

1

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

3

Abandoned or Stray

0

2

Surrendered

1

6

Animals transferred from Seizure Activities

0

1

Total Incoming Animals

1

12

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

2

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner?s Request

0

0

Due to Illness, Disease or Injury

1

.

Feral/infant animal

0

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

2

Total Euthanased

1

4

Total Outgoing Animals

1

6

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

6

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

23

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.9??? SF1727??????????? 280213???????? Budget Review - December 2012

 

AUTHOR/ENQUIRIES:??? Craig Doolan, Manager Financial Services ????????

 

Summary:

 

General Fund:?????????????? This review revises the net operating result for 2012/13 to a deficit of $52,100 and varies Current Liquid Equity to $2,488,181, a decline of $52,700 since the Original Budget.

?????????????????????????????????????

Council?s estimated Current Liquid Equity position (available working capital at year end) is healthy at approximately $1,010,000 above the minimum level as per Council?s policy.

 

Water Supplies:???????????? This review revises the net operating result for 2012/13 to a deficit of $8,800 and varies Current Liquid Equity to $1,863,776, a decline of $10,300 since the Original Budget.

 

Council?s estimated Current Liquid Equity position (available working capital at year end) is strong at approximately $1,040,000 above the minimum level as per Council?s policy.

 

Sewerage Services:?????? This review revises the net operating result for 2012/13 to a surplus of $62,600 and varies Current Liquid Equity to $744,356, an improvement of $62,200 since the Original Budget.

 

Council?s estimated Current Liquid Equity position (available working capital at year end) remains marginally satisfactory at approximately $90,000 above the minimum level as per Council?s policy.

 

The circularised budget review document includes, as variances, amounts required to match unexpected income/expenditure items plus resolved inclusions to the budget. ?Items varying $5,000 or more are briefly discussed commencing page 2 and referenced to the page no. in the budget review document. Significant variations influencing the result are discussed further in this report.? On page 5 of the document is a summary Council?s Cash and Investments (cash reserves). ?Restricted reserves and unrestricted cash are presented with the movements of these reserves for the 2012/13 year as at the 31 December 2012. ?Also on page 5 is a statement of the YTD expenditure associated with consultancies and legal expenses. ?It should be noted that these expenses are incorporated in the budget. ?The contracts register as per Government Information (Public Access) Act 2009 is presented on pages 6-9 of the budget review document.

 

 

Recommendation:

 

1??????? That the budget review for the quarter ended 31 December, 2012 be received.

 

2??????? That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2012/2013.

 

 

 

OPTIONS:

 

Not Applicable

 

 


DISCUSSION:

 

GENERAL ACTIVITIES

 

The summary of current liquid equity is on page 1 of the Budget Review document. The estimated current liquid equity surplus is $2,488,181 inclusive of internal loans.

 

The original 2012/13 budget forecast a net operating surplus of $600. Items revoted from 2011/12 amounted to $720,600. The balance of internal loans borrowed from current liquid equity was $541,238.

 

The September review revised the result for 2012/13 to a net operating deficit of $109,500 a decline of $110,100.

 

The latest revised flood damage expenditure schedules via advice from Roads & Maritime Services (RMS) has been included with this review along with Council?s revised Environmental Levy program. Despite the associated additional operating expenditure impacting on the minimum level of Current Liquid Equity required under council?s policy, Council working funds buffer remains solid.????

 

A review of interest on investments revised the unrestricted estimate for general activities to $729,900 being an increase of $231,000. This has been achieved through the strength of Council?s reserves balances. Council?s investment portfolio has attracted an average of 5.63%, a notably higher return than the original budget estimate of 4.39%. Returns have also been aided by favourable cash flow timing such as the early receipt of the first two Financial Assistance Grant instalments. A net IT saving of $41,800 is included with this review as a result of the deferral of the Authority Customer Requests Management system and the bundling of other services in a revised release management agreement with Civica. Via the agreement future budgets will require commitments but the overall cost will be less than originally budgeted. Included also in this net saving are additional costs required for the budgeted replacement of the gateway server and firewall solution. In addition to the above variances, there has also been a swell in DA?s and related fees that has required an adjustment of $36,000 to Development and Town Planning income.??

 

Fortunately the favourable variances mentioned have absorbed a number of additional expenditure variances. Council?s contribution of $58,000 to the two latest flood events approved by the RMS has required inclusion with this review. To supplement the planning required to support Council?s proposed S508A application $32,000 will be required to carry out a survey of Council?s road network. With no allowance in the original budget a $30,000 variance is required for the mandatory revaluation of buildings and operational land. A $33,000 variance has also been included to replace the current aged survey equipment with a robotic total survey station. This will allow staff to undertake field survey work without the need of another staff member.

 

In addition, variances totalling $48,900 adjusting health inspection revenue have been required primarily due to the delay in the appointment of Council?s Plumbing Inspector and priorities of staff in other areas. There will be an expected offset in salaries with a review of salaries to take place prior to the March Budget Review.

 

Variances emanating from the December quarter Capital Works report are also shown in this budget review.

 

WATER SUPPLIES.

 

Water Supplies estimated current liquid equity surplus is $1,863,776.

 

The original 2012/13 budget forecast a net operating surplus of $1,500. There were no 2011/12 net revotes.

 

The September review revised the result for 2012/13 to deficit of $8,900, a decline of $10,400.

 

Offsetting the additional variances emanating from the December quarter Capital Works report is $64,000 in unrestricted interest revenue via the review of Council?s return on investments.

 

SEWERAGE SERVICES.

 

Sewerage Services estimated current liquid equity surplus is $744,356.

 

The original 2012/13 budget forecast a net operating surplus of $400. Items revoted from 2011/12 amounted to $160,000.

 

The September review revised the result for 2012/13 to surplus of $29,100, an improvement of $28,700.

 

There are no other net major variations to the plant purchases variation reported in the December quarter capital works schedule.

 

 

CONSULTATION:

 

General Manager

AGM?s

Responsible Officers

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Refer to discussion.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 28 February 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.10? SF1709??????????? 280213???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 1 - 15 February 2013

 

AUTHOR/ENQUIRIES:??? Lorraine Hemsworth, Business Service Coordinator ????????

 

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) (There is one applications in excess of 12 months old).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to ?call in? an application a Notice of Motion is required specifying the reasons why it is to be ?called in?.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

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

 

 

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works ? Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

? Submissions outlined in previous report to Council 27 September 2012 ? Item 10.1

????? Further information required from applicant before matter may be processed

????? See further report regarding Voluntary Planning Agreement in Business Paper

 

Please note that there is one unresolved Development Applications in Excess of 12 months old.

 

 

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

2012/111

10/09/2012

Telecommunications facility

Lot 1 DP 805735, 36 McKay Street, Macksville

???? No objection to establishment of tower

???? Concern of potential health side effects

???? Close proximity to School

???? Visual impact creating eye sore

???? Minimal consultation with residents

???? Timing coincided with School holidays thus not allowing sufficient time for responses

???? Incorrect zoning listed

???? Plan showed fields not actual homes, offices and school

???? Regulatory Body standards from 1997 ? lot has changed in meantime

???? Where is latest EMF research

 

Submissions closed: 12 October 2012

Total submissions received:? 5

Application being assessed

 

2 Late submissions received

???? Risking lives of people especially children

???? Contradiction to Council?s responsibility to provide safe and clean living environment for residence

???? Emissions will have great adverse impact on so many lives

???? Constant flashing red light that the tower will have mounted on top ? trigger for people who suffer from seizures

 

????? Application deferred at 31.01.2013 Council Meeting at the request of the applicant.

????? Meeting held with applicant on 7.02.2013 and further information provided

2012/108

07/09/2012

Residential Flat Building and Serviced Apartments (22)

Lot 1 DP 1016126, 4 Frazer Street, Nambucca Heads

????? Daylight Access ? shadowing

????? Visual privacy

????? Set backs

????? Building separation

????? Energy efficiency

 

Submissions close: 19 October 2012

Total submissions received:? 8

Still being processed by Manager

 

????? Access from public road

????? Shadowing on South side

????? Exit of cars ? south side

????? Building to big for land area

????? Overload on Council infrastructure eg water and sewerage

????? Loose of view of north and north east

????? Danger hazard at crest at Woolworths

????? Scale down and to be aesthetically as well as in line with the slope of the block

????? Noise issue in Nelson Street with influx of cars as they will be using this street

????? Noise from roller doors adjacent to windows

????? Length of time to build

????? Overlooked balconies/roof top terraces

????? Creation of damp problems due to shade during Winter

????? Shadows will be larger than shown on plans

????? Where will be the placement of garbage bins

????? Size of building

????? Room for car spaces

????? Waste management collection ? no room for 22 wheeled bins

????? Rear setbacks

????? Building separation

????? Building footprint

????? Visual privacy

????? Daylight access

????? Energy efficiency

????? Height

????? Streetscape and Open space

????? Acoustic Privacy

 

Update:? 5/11/2012

Matters have been discussed with proponents and Planning Consultant

Once matters have been further addressed the application maybe processed

16/11/2012 ? Met with Architect to resolve areas of impact

21/12/2012 ? Additional information and plans received for assessment

Assessment complete

Height further reduced

?????????????????????????????? Awaiting response from RFS following late submission by applicant for integration

??????????????????????????????

????? Application to be presented to Council for determination

????? Refer to Report in Business Paper

 

2012/160

21/12/2012

Dwelling House ? Residential

Lot 4 DP 1117349, 13 Birugan Close, Valla Beach

????? Support application

????? Reminder of importance of existing remaining trees in corridor for koala habitat

 

Significantly constrained site

 

Submissions close: 21 January 2013

Total submissions received:? 1

 

2012/157

18/12/2012