NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

13 March 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 last Thursday of each month commencing at 5.30 pm AND and a full day meeting commencing at 8.30am on the Wednesday two weeks and one day before the Thursday meeting. Meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

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

 

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

 

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

 

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

 

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

 

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

 

Meeting Agenda

 

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


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 13 March 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 - 28 February 2013

5??????? NOTICES OF MOTION ?

6??????? DELEGATION/PUBLIC FORUM

9.1???? Presentation to Council by Mr Rod Howard, Regional Arts Development Officer, Arts Mid North Coast Inc.................... 6

????????? Mr Rod Howard on behalf of Arts Mid North Coast

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

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

9??????? General Manager Report

9.1???? Presentation to Council by Mr Rod Howard, Regional Arts Development Officer, Arts Mid North Coast Inc.?DELEGATION .................................................................. 6

9.2???? Outstanding Actions and Reports...................................... 14

9.3???? Gumma (Boulton's Crossing) Reserve............................... 19

9.4???? Results of Exhibition Amendments to DCP 2010................ 22

9.5???? Environmental Planning and Assessment Amendment Bill 2012 and Council DCP 2010............................................. 29

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

10.1?? DA2012/108 - Lot 1 DP 1016126 - 4 Fraser Street, Nambucca Heads - Mixed Use development (Residential Flats and Serviced Apartments)?LATE ADDENDUM................ 31

10.2?? Nambucca Heads Skate Park........................................... 59

10.3?? Minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013....... 66

10.4?? Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes..... 72

10.5?? Refinement of Corporate and Community Services Staffing Structure......................................................................... 84

10.6?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18 February to 1 March 2013..................................................................... 90

10.7?? Schedule of Council Public Meetings................................. 93

10.8?? Applications and Statistical Reports 2012-2013 - January 2013................................................................................ 94

10.9?? Investment Report to 28 February 2013............................ 95

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

11.1?? Naming the reserve and beach - Ferry Street Macksville.. 101

11.2?? Sandpiper Drive, Scotts Head - Consultation report on access restriction....................................................................... 105

11.3?? Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013............................................ 124

11.4?? Professional lifeguard services report for the contract period 2012/2013 .................................................................... 128 ???


 

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

12.1?? Levying of Council Charges on the Nambucca District Rescue Squad Inc.

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) (b) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer.

 

12.2?? Nambucca Heads Skate Park

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

??

??????????? 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???????????????????????????????????????????????????????????????? 13 March 2013

General Manager's Report

ITEM 9.1???? SF775????????????? 130313??????? Presentation to Council by Mr Rod Howard, Regional Arts Development Officer, Arts Mid North Coast Inc.

 

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

 

Summary:

 

Mr Rod Howard, Regional Arts Development Officer of Arts Mid North Coast Inc. has been invited to address Council at its meeting on Wednesday 13 March 2013.

 

He will inform Council about their activities in 2012 and plans for 2013.

 

In his application for a donation from Council to Arts Mid North Coast under Council?s new Donations Policy Mr Howard included details of Arts Mid North Coast?s viability and proposed use of funds.? This application has been attached for Council?s perusal.

 

 

 

Recommendation:

 

1??????? That Council note the presentation by Mr Rod Howard on the activities of Arts Mid North Coast and their plans for 2013.

 

2??????? That Council consider in its 2013/2014 Donations budget for a contribution of $4,984.27 to Arts Mid North Coast Inc.

 

 

OPTIONS:

 

There are no real options.? Mr Howard?s request to address Council has been approved.

 

 

DISCUSSION:

 

Arts Mid North Coast are invited annually to submit report to Council and to deliver a presentation in person.

 

 

CONSULTATION:

 

There has been consultation with Mr Howard in relation to his availability to address this meeting.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

Arts Mid North Coast Inc. is the lead agency on the Mid North Coast concerned with the development of the Arts

 


Economic

 

There are no economic implications arising out of the presentation.

 

Risk

 

There are no risks as a consequence of the presentation.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

An application from Mr Howard advises that Council?s financial contribution to Arts Mid North Coast for 2013 has not been requested under Council?s new Donations Policy and is for the amount of $4,984.27 and increase of $146.12 from Council?s last contribution of $4,838.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There no changes to service level or resourcing/staff implications as a result of this report.

 

 

Attachments:

1View

5449/2013 - Arts Mid North Coast Application for Donation

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Presentation to Council by Mr Rod Howard, Regional Arts Development Officer, Arts Mid North Coast Inc.

 



NAMBUCCA SHIRE COUNCIL

APPLICATION FOR SECTION 356 DONATION

2013/14 FINANCIAL YEAR

 


NAME OF APPLICANT:?????????? ARTS MID NORTH COAST INCORPORATED

??????????????????????????????????????????????? ABN:? 571 572 269 72

??????????????????????????????????????????????? (Not for Profit Incorporated Association)

 

STREET & POSTAL ADDRESS:??????? Innovation Centre

Coffs Harbour Education Campus

Hogbin Drive, Coffs Harbour NSW 2450

 

CONTACT NAME:?????????????????? Rod Howard ? Executive Officer

 

TELEPHONE NUMBER:?????????? (02) 6658 9400

 

DESCRIPTION OF ORGANISATION:

Arts Mid North Coast is the peak regional body for arts and cultural development for the seven LGAs from Coffs Harbour to Great Lakes.

Each contributing local Council is represented by a Council appointed delegate to the Arts Mid North Coast Inc. Board. Nambucca Shire Council has been a contributing member of Arts Mid North Coast, along with all Mid North Coast local councils, since its inception.

 

This provides Nambucca Shire Council and its communities with access to the full scope of Arts Mid North Coast services and programs, together with Board representation.? Councillor Paula Flack has been the representative Board Member for Nambucca Shire Council since 2010.

 

APPLICANT?S VIABILITY:

Arts Mid North Coast Inc. has been in operation since 2002 and undertakes a full independent financial audit each year in accordance with NSW Office of Fair Trading regulations.

 

The organisation is funded by the NSW State Government through Arts NSW (70% of total annual operating budget) and each of the seven local councils according to population (30% of total annual operating budget).

 

This is supplemented by project funding applied for on an as needs basis by Arts Mid North Coast through a variety of Commonwealth and State Government departments and agencies.

 

The AMNC Board consists of representative members from each of the seven stakeholder local government authorities, together with eight co-opted members.

These co-opted members represent diverse sectors of the regional community, including the indigenous communities, tertiary and vocational education, media, tourism and arts organisations.

 

 

Amount of Financial Assistance applied for:

 

$4984.27 (annual contribution determined by population +1.5% CPI p.a. ? this is the formula used for local government contributions across the region)

 

PROPOSED USE OF FUNDS:

Nambucca Shire Council?s annual contribution enables Arts Mid North Coast to continue to provide a wide range of services and opportunities to Council and its communities across the shire.

 

These include supporting and promoting arts and cultural activity in the community in association with local organisations such as the Nambucca Valley Arts Council, the Nambucca Youth Services Centre, Bowraville Theatre, Beyond Empathy and Matilda Street Gallery (Macksville).

?

Council?s contribution to Arts Mid North Coast also provides funding access to the Country Arts Support Program (CASP). This program is devolved from the Commonwealth Government and administered by AMNC each year, providing small project specific grants to community arts organisations (up to $3000) across the region.

 

CASP offers financial support to employ artists in locally initiated arts and cultural projects, promotes cultural diversity and ensures small communities have access to arts activities by working together on local cultural projects. In 2012, organisations delivering community based projects in the Nambucca Heads Shire received $3500.00 from the CASP fund. In 2013, over $20,000 will be available for projects throughout the region.

 

Arts Mid North Coast also directly facilitates and delivers programs targeted at local youth engagement. In December 2012, for example, Arts Mid North Coast partnered with ABC Open to provide film skills workshops for local secondary school students at Nambucca Youth Services Centre.

 

Further youth workshops located in Nambucca Heads are planned for 2013, covering a number of art forms, including music.

 

In 2010, AMNC successfully obtained funding to bring together ten of the region?s Land Councils to form the peak regional body for Aboriginal arts and cultural development, the Saltwater Freshwater Aboriginal Arts Alliance (SWFW).

 

In accordance with the original strategic plan, SWFW has been an autonomous body since mid-2011, but AMNC continues to work closely with the organisation to support and promote indigenous arts and cultural development across the Shire and the region.

 

Creative Coast Program 2013

 

Arts Mid North Coast has recently been successful in applying for project funding through the Australian Government?s Regional Arts Fund. This funding will support AMNC?s new Creative Coast program, comprising two major projects in 2013:

 

????? A six week region-wide promotion of arts and cultural activity in September/October entitled Creative Coast. The program will include both existing events and new initiatives developed with the support of Arts Mid North Coast, North Coast Destination Network, local Arts Councils, media and other program partners.

It will provide a strategic vehicle to promote the cultural diversity of the region's communities to intra-regional and external markets. The Nambucca Valley Arts Council?s major event, the Biennial Art Show, will also receive financial support through this program to assist with staging costs and promotion.??

????? A Creative Industries development program, comprising forums and workshops throughout the region, including Nambucca Shire.

 

Regional Role

 

At a regional level, Arts Mid North Coast plays an important role in lobbying State and Federal Government to maintain and enhance their levels of investment in community cultural development.

 

This is enabled through our relationships with Arts NSW, Regional Arts NSW, the Commonwealth Government?s Office for the Arts, Department of Premier & Cabinet and other government departments.

 

This provides significant benefits for all stakeholders across the region in terms of maintaining and enhancing investment in arts, creative industries and community cultural development.?

 

Partnered Projects

 

Arts Mid North Coast also enjoys strong and positive relationships with key regional organisations including Regional Development Australia (MNC), the North Coast Destination Network, the Regional Council for Social Development (MNC) and Accessible Arts NSW (North Coast).

 

In 2013, AMNC will continue to engage in partnered projects to develop youth arts, creative industries and cultural tourism on the mid north coast including Genwire Artspace ? a youth arts focused online portal combined with physical workshops across numerous art forms including music, film and photography (see www.genwire.net.au). Workshops are delivered in association with a range of partners including ABC OPEN.

 

AMNC is also partnering with Regional Development Australia (Mid North Coast) to develop a creative industries support program aimed at nurturing business to business networks, promoting professional training pathways and accessing State Government support for regional business development through the Department of Trade and Investment.

 

AMNC works closely with Accessible Arts to provide pathways and support for disabled members of the community. Through the Creating Connections project funded by the NSW State Government (2012 -2014), numerous workshops were co-presented in the region by AMNC and Accessible Arts in 2012.

 

These workshops successfully focused on increasing opportunity for skills development by bring together arts organisations and disability service providers. Numerous projects have ensued from these endeavours.? Further workshops are currently in plan for mid -2013.

 

AMNC will continue to partner with North Coast Destination Network to raise the profile of arts and cultural attractions throughout the region. In 2012, AMNC delivered a new Cultural & Heritage Trail for the region?s major tourism marketing vehicle, The Legendary Pacific Coast (TLPC).

 

This tourism trail, now incorporated into the new GPS enabled TLPC phone app and website, includes content and itineraries promoting attractions within the Nambucca Shire.

 

Media and Visibility

 

Arts Mid North Coast also maintains strong media partnerships aimed at delivering increased visibility, participation and access for local community cultural activity.?

 

In 2012, AMNC initiated the Creative Coast section in the Coffs Coast Advocate, providing six pages of arts news and promotion in the paper each Saturday. A large number of events in Nambucca Heads, Bowraville and Macksville are promoted through editorial delivered by AMNC in these pages throughout the year.

 

This continues in 2013, along with a weekly segment each Friday morning at 7.35 am on Fiona Poole?s program on ABC Mid North Coast radio delivered by Executive Officer Rod Howard promoting current events in Coffs Harbour, Nambucca Shire and Bellingen Shire.

 

Council Assistance

 

AMNC will continue to provide advice and assistance as required to Nambucca Shire Council in the areas of cultural planning, grant opportunities and any other area of council activity relevant to arts, creative industries and cultural development for the benefit of its communities.

 

AMNC?s services are available to all Council Officers and elected representatives.

 

Advice and Assistance

 

AMNC provides daily advice and assistance to artists, community workers, arts organisations and volunteers across the region via meetings, email and telephone. This ranges from assisting with identifying funding opportunities and writing grant applications to marketing, audience and business development, partnership brokering and the provision of event resources.

 

AMNC?s website (www.artsmidnorthcoast.org) is a key resource for artists, arts organisations and arts lovers across the region, providing the latest news, funding and opportunities, event promotion, artists profiles and a searchable cultural trail. It is complemented by a weekly e-bulletin (ArtsBlast) which is sent to over 1000 subscribers.


 

HOW MANY PEOPLE WILL BENEFIT FROM THE PROPOSED ALLOCATION OF THE FUNDS BY COUNCIL?

 

By supporting and nurturing cultural activity, the services provided and projects implemented by Arts Mid North Coast Inc. benefit the entire community. Through its work, AMNC makes a significant contribution to assisting local government to fulfil its objectives in community cultural development.

 

IF APPLICABLE ? IN WHAT WAYS DO YOU CONSIDER THE PROPOSED BENEFICIARIES OF THE FUNDS ARE DISADVANTAGED?

 

As outlined above, AMNC has a strong focus on delivering support and development resources to numerous disadvantaged sectors of the community including:

1.?? Disabled community members

2.?? Disengaged youth

3.?? Indigenous community members

 

IS YOUR ORGANISATION PROVIDING ANY OF ITS OWN FUNDS FOR THE PROPOSED ?PROJECT??

Yes

 

Amount: ??? $221,015.78

??????????? Please note: this amount includes total Arts NSW funding, contributions from the six other Local Councils in the region and confirmed project funding for the 2013 year.

 

APPLICANT?S DECLARATION

1.?? The information provided in this application is true and correct

2.?? The applicant is an individual or not-for-profit organisation

3.?? The financial assistance if provided will not be used for private gain

4.?? We are not already receiving financial assistance from Council

5.?? The application is not for funding of an event

 

Signed for and on behalf of ARTS MID NORTH COAST

 


Signature:

 

????????? ????????? ROD HOWARD, EXECUTIVE OFFICER

 

Date:?????????? 8/02/13

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

General Manager

ITEM 9.2???? SF959????????????? 130313??????? 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 RMS 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.

No response as at 4 March 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 ? March 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.

Once Finance Structure resolved this matter should progress.

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 ? March 2013

 

AUGUST 2012

 

8

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 - March 2013

 

 


 

SEPTEMBER 2012

9

DA2012/093

27/09/2012

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

 

AGMES

Report in December 2012

 

Deferred to March 2013 subject to outcomes of stakeholder meeting

 

Draft PoM completed and will be provided to Councillors via a memo mid March for comment in accordance with Council?s direction.

 

10

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

11

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

12

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

13

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.? Discussion with CVC General Manager who requested the matters of contention be listed in an email.? Points of contention emailed 28 February 2013.

DECEMBER 2012

14

SF382

12/12/2012

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

 

GM

Anticipate reporting 28 February 2013.? Awaiting North Coast Holiday Parks submitting a revised plan.

15

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

16

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


 

JANUARY 2013

17

RF275

16/01/2013

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

 

AGMCCS

On-going

18??????????

SF1817

16/01/2013

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

 

AGMES

Report February 2013

 

Memo to be provided to Councillors with Policy procedures for comment in accordance with Policy direction in mid March 2013.

19

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

20

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

21

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.

22

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

Letter to Mr Stoner sent 18 February 2013, letter of acknowledgement and advice of his representations to the Minister for Arts received 26 February 2013.

23

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.

24

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.

 

Draft provided to Councillors via memo dated 14 February 2013. Responses due back by 15 March 2013 and a further report will be provided to Council.

25

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.

Plumber engaged by landowners. Recent wet weather has restricted any progress.

FEBRUARY 2013

26

SF84

13/02/2013

Council advise the RMS 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.

27

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.

School has now been approved with rainwater tanks being required as part of the S68 applications.

28

SF1817

28/2/2013

Council be advised of the outcome of the debrief of the flood and storm event (on 22 and 23 February)

 

AGMES

Report to 28 March meeting

29

SF1817

28/2/2013

Council write as a matter of urgency to the RMS to place a 60km/hr speed zone on the Pacific Highway at the Link Road, Nambucca Heads intersection.

Also that the RMS be asked to install advising signs on the Highway alerting motorists to the intersection.

 

GM

Letter issued on 6 March 2013

30

SF453

28/2/2013

Council write to CHCC and EPA requesting a review of the outcomes of the upgraded Biomass plant.

GM

Letter sent 5 March 2013

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

General Manager's Report

ITEM 9.3???? PRF54????????????? 130313??????? Gumma (Boulton's Crossing) Reserve

 

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

 

Summary:

 

It is proposed to proceed to concurrently obtain approvals for the replacement of the septic tank at the Reserve with a permanent pump out arrangement and secondly to obtain approval under Section 68 of the Local Government Act to operate the Reserve as a camping ground.

 

 

Recommendation:

 

1.?????? That Council note the proposal to lodge applications for the replacement of the on site sewage management system at the Gumma (Boulton?s Crossing) Reserve with a permanent pump out arrangement and secondly to seek approval for the use of the Reserve as a camping ground under Section 68 of the Local Government Act.

 

2.?????? That a further meeting of stakeholders be arranged to discuss options for the on-going management of the Reserve.

 

 

OPTIONS:

 

Council has to take action in regard to the on site sewage management system at the Boulton?s Crossing Reserve as Council?s Plumbing and Drainage Inspector has issued a notice requiring the installation of a new system.

 

Council can either install a new system or close the Reserve to camping and remove the toilets.

 

DISCUSSION:

 

Arrangements were made for a meeting of stakeholders involved with the Gumma (Boultons Crossing) Reserve on Tuesday 26 February 2013.

 

Because of the Pacific Highway being closed by floods at Clybucca and Kempsey and other apologies there were a limited number of stakeholders in attendance being the Mayor, Cr Smyth; Mr Ken Robinson and myself.

 

The meeting discussed the notice issued by Council?s Plumbing and Drainage Inspector for the repair of the septic tank and the restriction of access to the area where the trenches are.

 

The repairs have been completed and the transpiration area has been delineated.? However the notice also requires that Council:

 

?2.? Redesign the complete on site sewage management system and implement as designed; OR

 

3.? Close the amenity facility?.

 

The notice requires some action within 60 days from its date of issue on 21 January 2013.

 

Given the proximity of the Reserve to Warrell Creek and wetlands there was general discussion about the options for sewage management.

 

The stakeholders in attendance were generally not supportive of an aerated waste water treatment system.? It was considered too expensive (estimated $50,000), too complex to operate with further risks relating to the loss of area required for the transpiration bed and approval requirements.

 

The general view was that on the basis of the Reserve continuing as a camping ground with the same (minimal) facilities as currently exist, that changing to a permanent pump out arrangement with one or more large pump out tanks was a preferable option.? It was agreed that with a pump out arrangement it would be important to use spring loaded taps and the like to minimize the amount of waste water.

 

There was discussion as to whether the septic tank should be immediately replaced with a new tank/s for the permanent pump out arrangement or whether the Council should first attend to obtaining an approval to operate under Section 68 of the Local Government Act.? It is unlikely that development consent will be required as Council should be able to substantiate existing use rights.

 

If the new septic tanks are not installed the general view was that the reserve should be closed for camping.? There was discussion about the difficulty of enforcing this, particularly if the amenities are left in situ.

 

A further stakeholder meeting is proposed to be scheduled to discuss the Reserve?s on-going management arrangements but in the interim and as per the discussion at the stakeholder?s meeting it is proposed to proceed to concurrently seek approvals for the replacement of the septic tank with a permanent pump out arrangement and secondly for approval under Section 68 of the Local Government Act to operate the Reserve as a camping ground.

 

Obtaining these approvals and replacing the septic system should assist in resolving the Reserve?s on-going management arrangements.? Potential trustees are less likely to accept responsibility for a Reserve which does not have the requisite approvals in place.

 

The approval which is to be sought under Section 68 to operate the Reserve as a camping ground will reflect its existing ?primitive? style of operation and will require the concurrence of the Minister to waive a number of regulatory standards.

 

As Council is both trustee of the Reserve and consent authority, there is a potential conflict of interest.? Accordingly both applications will be submitted to the elected Council for determination.? The report which will be submitted will include detail in relation to the costs of installing a new septic tank/s as well as the expected on-going pump out cost.? There will also be detail as to any other costs which might be incurred in seeking a Section 68 approval to operate.? If Council is not satisfied with the reported costs, then there will continue to be the option of closing the Reserve to camping and removing the amenities.

 

CONSULTATION:

 

There has been consultation with the stakeholder?s group; the Assistant General Manager Corporate and Community Services and the Manager Applications and Compliance.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The on site sewage management system at the Reserve needs to be replaced as it is a risk to human health and the environment.

 

Social

 

The recommendation provides for the time being at least, the continued operation of the Reserve as a camping ground.? As a consequence there should be no social implications.

 

Economic

 

As camping at the Reserve is proposed to continue, at least for the time being, there are no economic implications.

 


Risk

 

As discussed in this report and previous reports there are risks in relation to the failing septic system and Council?s insurance cover given that there is no operating approval under Section 68 of the Local Government Act.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary impact will be the subject of a further report. The surplus of funds collected from camping fees, which currently sit within an internally restricted reserve, are sufficient to replace the existing septic system with a permanent pump out arrangement.

 

Source of fund and any variance to working funds

 

At this stage no impact on working funds is anticipated.

 

Service level changes and resourcing/staff implications

 

Council staff time will be required to prepare and follow through the Section 68 applications for the replacement of the septic system and the operation of the Reserve as a camping ground.? There is a reasonable amount of work in preparing these applications and reporting on them.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

General Manager's Report

ITEM 9.4???? SF1498??????????? 130313??????? Results of Exhibition Amendments to DCP 2010

 

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

 

Summary:

 

The purpose of this report is to provide Council with an overview of the results of the exhibition of DCP 2010.

 

 

Recommendation:

 

1??????? That Council adopt the proposed changes to DCP 2010 as exhibited;

 

2??????? That Council adopt the following additional changes to DCP 2010;

 

????????? - Primary and Secondary Street Frontages be defined in the DCP

????????? - Parking requirements be amended to comply with relevant Australian Standards

????????? - Side setbacks be amended to apply buildings attached and detached from dwelling-

????????? ? houses

????????? - It be clarified that setbacks to Rural dwelling houses apply from the property boundary to

????????? ? the nearest point on a building, not to edge of the sealed or unsealed road.?

 

3??????? That council give public notice of its decision in a local newspaper within 28 days after the decision is made.? Advising of a date of commencement no sooner than 1 April 2013, in order to provide sufficient time to finalise the document, incorporate the additional amendments and ensure staff fully aware of the changes.

 

 

OPTIONS:

 

Council may choose not to adopt some or all of the recommended changes to the DCP 2010.

 

 

DISCUSSION:

 

The Nambucca DCP 2010 was adopted by Council on the 15 July 2010 and commenced operation on the 30 July 2010 to coincide with the making of the Nambucca LEP 2010. The DCP has now been in operation for approximately 24 months and during this time a number of minor anomalies have been identified. A register of these issues was maintained. The proposed changes were reported to Council on the 28 June 2012 and Council endorsed the DCP for Exhibition. A further report to Council on proposed changes to carparking provisions was endorsed by Council on the 10 October 2012 to be included in the exhibition.

 

The amended DCP was exhibited from 26 October 2012 to 23 November 2012. A letter was sent to approximately 100 local contractors/ builders/ planners advising them of some of the key changes and the exhibition. Letters were also sent to each chamber of commerce advising them of proposed changes to carparking provisions. During the exhibition period no submissions were received.

 

Each of the major changes previously endorsed by Council are presented below.

 

General grammatical and referencing corrections

 

The DCP was prepared at the same time as the Draft Nambucca LEP 2010. The LEP was constantly changing up until it was made, and as such some changes made to the Nambucca LEP have not been referenced accurately in the DCP. For example prior to being made the LEP was identified as the Nambucca LEP 2009. This proposed amendment correctly references the Nambucca LEP 2010 instead of the Nambucca LEP 2009. Other minor grammatical corrections and references have been made that have little consequence on actual development controls or where legislation has been amended since the plan became operational. Although not identified in this report they have been highlighted through track changes in circularised DCP.

 

Advertising of Integrated Development

 

The present schedule of development to be advertised (Part A ?schedule 1) includes integrated development. It is considered unnecessary to advertise all integrated development and thus the draft DCP excludes integrated development from Part A schedule 1. Staff will rely on the other identified uses to determine if advertising is required.

 

Access Handle Widths for Subdivision

 

There is an identified anomaly in the figures associated with the access handle widths for subdivision of land. Table B4 Access Corridor Dimensions requires a 5.0m minimum access handle width to support 2 Lots where as figure B9 Battleaxe Lots indicates 4.5m for a shared access way.

 

Figure B9 has been amended to 5m as per engineering standards.

 

Sewer Easements

 

At present Council requests all urban subdivisions provide sewer easements of 2m in width where sewer is required to traverse proposed allotments. Council has been encountering a number of maintenance issues with easements of this size.

 

For this reason Section B2.7 of the Draft DCP incorporates a requirement for a 3m easement to be provided where necessary. The DCP also highlights that lot design/layout should take into consideration the easement width so adequately sized building envelopes can be provided.

 

Road Sealing Requirements Rural Subdivision

 

At present Section B3.5.2 Road Sealing Requirements for rural subdivisions requires a dedicated public road or access handle to be bitumen sealed for 100m distance from outside the nearest building envelope. The purpose of this requirement is to act as a dust suppressant.

 

Council?s engineering department is encountering maintenance problems with sections of road sealed in accordance with these requirements.

 

Consideration of the Matter at MANEX

 

After consideration at MANEX it is recommended this Clause be removed from the DCP. This will also require any buffer requirements between unsealed rural roads and dwellings to be examined and amended as appropriate.

 

Vehicular Access to Rural and Large Lot Residential Properties

 

Councils engineering standards require access to rural properties on sealed roads to provide sealed access to 3m within the property boundary.

 

The following requirement has been added to Section B3.3.2 vehicular Access and Road Frontage.

 

?Where the road frontage is sealed bitumen, the driveway access shall be sealed from the edge of the bitumen to 3m within the property boundary.?

 

This is in accordance with standard conditions of consent presently applied to development applications for subdivision.

 


Fragmentation of Rural and Environmental Protection zones

 

The Nambucca DCP 2010 presently states the following under section B3.4.3 Fragmentation of Rural and Environmental Protection Zones:

 

?Clause 4.2 of the Nambucca LEP 2009 provides lot size flexibility in the subdivision of some rural land. Under this clause residue allotments of rural land can be undersized and still maintain a dwelling entitlement as long as it contains a minimum 1ha of Large Lot Residential Zoned Land.?

 

The above statement is incorrect and has been amended in the draft to reflect changes to the Nambucca LEP 2010 presently being pursued via a planning proposal for certain split zoned land. The amendment is provided below:

 

?The Nambucca LEP 2010 provides lot size flexibility in the subdivision of some split zoned land. Provisions of this plan allow residue allotments of land to be undersized and still maintain a dwelling entitlement as long as it contains a minimum area of land specified in the other zone.?

 

Parking Requirements Part C

 

A number of changes have been made to the parking requirements. These are identified in the report to Council on the 10 October 2012 and have not been reiterated here. However they provide consistency with other adjoining LGA?s where Councils requirements may have been excessive. They also provided certain exemptions for redevelopment of premises in the CBD areas under certain circumstances.

 

Dual Occupancy Development Permitted on Battleaxe Allotments

 

When the DCP was originally made it incorporated a provision which prevented dual occupancies from occurring on battleaxe allotments. The original intention of this provision was to prevent dual occupancy development from occurring on small lots with poor access arrangements.

 

However, it is now considered that some larger lots with battleaxe handles may be able to undertake a dual occupancy development and the actual restriction should be on the size of the lot. The Nambucca LEP 2010, contains a provision (Clause 7.2) to restrict dual occupancy development to lots greater the 600m2 on land zoned R1 General Residential, R2 Low Density Residential and R4 High Density Residential. This is considered to be an adequate control for dual occupancy development and for this reason the draft DCP has removed the provision prohibiting dual occupancies from battleaxe allotments.

 

Alterations and Additions to existing Structures that do not comply with present standards

 

Issues have been identified in the processing of development applications for alterations and additions to existing structures which do not comply with standards in the DCP. For instance Council receives an application for a second storey addition to a garage that has an existing building line of 2.5m.

 

This is not simple matter to address as some developments will be set on land that has a specific local context or character. Given the present DCP allows for variations to standards to occur subject to sufficient justification it is considered best consider each application of this type on its merits and only accept variations where justification is provided.

 

As this is considered the best approach there is no change to operation of the DCP to address this issue, but a note has been added to clarify the matter. The additional information is provided in italics below has been added to Section H4.0:

 

??????????? ?Where an applicant proposes to vary controls under this Section they will be required to demonstrate to Council in writing and with appropriate supporting information that the variation is reasonable. Also, where a person proposes alterations or additions to an existing structure that does not comply with development controls within this Part. The applicant will need to provide justification in support of any new part of the building that does not comply with standard. Refer to Part A Section 2.3 for further details.?

 

Adaptable Housing Provisions

 

Part H for Residential Development, section H4.2.6 Internal Layout and Internal Circulation provides controls to ensure that adaptable housing units are provided to large Residential Flat Developments. It has been recommended that this section also refer to AS1428.1 Design for Access and Mobility to ensure that any access to adaptable housing meets appropriate requirements.

 

Waste Management Provisions

 

The Local Council WaSIP commenced in 2009-10 to assist councils invest in additional actions and programs that improve resource recovery and sustainability outcomes across their local government areas. The program is governed by the Office of Environment and Heritage and Nambucca Council has benefited from the program in the following ways:

 

????????????? Purchase and installation of energy efficient lighting in Council?s Administration building.

????????????? Purchase and installation of energy efficient lighting in Council?s Nambucca Library, Macksville Library and Senior Citizens building.

????????????? Purchase and installation of a Heat Pump to augment the existing gas system. This will reduce the amount of energy required to heat and maintain the pool temperature.

????????????? Purchase and installation of appropriate pool covers for deployment when the pool is not being used to reduce the 5,000 litres of water lost each day to evaporation and spillage.

????????????? Increase and enhance solar systems capacity to provide hot water service to amenities. Modelling indicates that if we modify the manifold of the balance tank the capacity of the system to deliver is increased by 65%.

????????????? Purchase and instillation of "green" pumps to improve power efficiency/consumption with the pool reticulation system.

????????????? Commence a program in assisting in the development and promotion of sustainable energy in the Nambucca Shire. This stage of the program will involve Council purchasing Green Energy from a provider, and supporting it with media releases and education/information pamphlets to encourage wider participation/uptake by the community

 

The Waste and Sustainability Improvement Scheme is described in Part 5A of the Protection of the Environment Operations (Waste) Regulation 2005. In October 2011, regulatory amendments streamlined the funding arrangements for councils so that a single pool of funds is allocated annually to eligible councils in proportion to their population. For the five years from 2009 to 2012 inclusive, the Waste and Sustainability Improvement Payment program has provided $212,000 to Council. Should Council continue to meet the requirements of the funding program an additional $117,210 is expected to be provided to the end of 2015 ? and the program has been identified to continue beyond this period.

 

As part of Councils agreement to receive the benefit from this program Council is required to achieve the following:

 

2009 - 2010 Standards

????????????? All residential dwellings (other than multi-unit buildings) within the local government area are to have access to a dry recycling collection service.

????????????? Provide the Department of Environment, Climate Change and Water (DECCW) with the information required under the National Environment Protection (Used Packaging Materials) Measure by 31 August each year.

????????????? Collect and provide DECCW with baseline data (where known) on tonnages of dry recyclables and garden organics collected for recycling (including contamination levels) and residual domestic waste (garbage) by 31 August each year.

 


2010 - 2011 Standards

????????????? A baseline household residual waste composition audit is to be completed by each Council using the DECCW Kerbside Audit Guidelines and WaSIP Guidelines.

????????????? Any new collection and/or Mobile Garbage Bins (MGB) replacement contracts to require bin bodies and bin lids to conform to Australian Standard 4123 Mobile Waste Containers.

????????????? The replacement of damaged or lost non-conforming MGBs and/or lids with MGBs and/or lids that conform to AS4123.7-2006.

2011 - 2012  Standards

????????????? Have in place a 'Waste Not" Development Control Plan (DCP) or a policy of similar nature by 31 May 2012

????????????? Develop and adopt a Strategic Waste Action Plan that contains performance milestones that will contribute to Council reaching the 2014 municipal waste target by 30 April 2012

????????????? Submit the Audit report and raw data sheets from the household residual waste composition audit (conducted between November 2010 and November 2011) by 31 May 2012

 

To meet the requirements of the first dot point for the 2011-2012 period (highlighted above), this DCP amendment includes a draft Waste Management Chapter. To meet the requirements of the WaSIP agreement the Waste Management DCP has specifically addressed the following elements:

 

????????????? the management of demolition and construction waste;

????????????? a requirement for applicants to submit a waste management plan detailing the amount of demolition and construction waste and its management;

????????????? a requirement for the on site retention of demolition and construction waste dockets to confirm which facility received the material for recycling or disposal; and

????????????? consideration of the facilities required for the ongoing operation of recycling and waste management services within developments

 

The draft DCP has also formalised a number of waste management controls already placed on multi-dwelling housing, Industrial and business developments.

 

Council staff will need to ensure proposed developments comply with the requirements of the Wast Management Chapter or provide justification for any variation to its requirement. It is intended to support the implementation of this DCP with conditions of consent and information on consents and DA forms advising applicants/ developers of incentives to recycle materials (such as reduced waste disposal fees).

 

To ensure Council is not disadvantaged in comparison to private certifiers the Waste Management requirements will not apply to complying development unless the SEPP (exempt and complying development codes) 2008 incorporates such changes.

 

Since originally exhibited it has come to Councils attention that a number of other LGA?s may not have fully met their requirements under WASIP funding agreements. As such the $120,000 previously identified may be increased proportionally to all Councils who meet their requirements under the agreement. Nambucca Council is presently ineligible for additional WaSIP funding until such time the Waste Management Part of Councils DCP is adopted.

 

Other Matters

 

Since exhibiting the draft a number of other matters have been raised by staff including:

 

????? Setback distances to primary and secondary street frontage varies on corner allotments. As no definition exists in the DCP it can cause interpretation issues. Therefore it is recommended the following definitions be included in the DCP:

?????

primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.

secondary road means, in the case of a corner lot that has boundaries with adjacent roads, the road that is not the primary road.

 

These definitions are taken from the SEPP Exempt and Complying Development Codes.

 

????? Disabled parking requirements in Part C section 2.7.3 do not comply with relevant Australian standards. It is proposed to amend this section to ensure DCP controls reflect relevant Australian Standards.

 

????? DCP section H4.1.3 Setbacks requires minimum side setbacks of dwelling-houses and dual occupancies applies only to buildings attached to a dwelling. It is proposed to extend these setbacks to include buildings not attached to the dwelling.

 

????? DCP Section F1.3.1 requires a setbacks for rural dwellings on sealed and unsealed roads. However it is unclear in the clause if the setbacks apply from the property boundary or the edge of the road surface. It is proposed to amend the DCP to clearly indicate the setback is from nearest point on a proposed building to the edge of the property boundary. This how the setbacks have been calculated in Council?s former DCP 11 Building Line setbacks.

 

Although the above proposed amendments were not exhibited, they are considered minor in nature, ensuring consistency with Australian Standards, and incorporating definitions to clarify clauses. The Environmental Plannning and Assessment Regulation 2000 allows Council to make additional changes to a DCP after it has been exhibited if it is deemed necessary. It is recommended these additional changes be incorporated into the final DCP.

 

 

CONSULTATION:

 

Planning and Building Staff

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil. The introduction of a Waste Management Component to the DCP is intended to provide a sustainable approach to waste management in the Nambucca Local Government Area.

 

Social

 

Nil.

 

Economic

 

Nil

 

Risk

 

Should the adoption the DCP be delayed in any manner it may result in the loss of the WASIP funding being offered by the OEH.

 

Should Council choose not proceed with any part of the DCP or make further amendments it is recommended that the Waste Management component be endorsed by Council separately to ensure the WASIP funding is made available to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The DCP? amendment has been prepared by Council staff. The Waste Management component of the DCP is related to our requirements to receive WASIP funding.

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

The Waste Management Component of the DCP will formalise waste management consideration given by staff to Development Assessments. In some minor DA?s it will require consideration to be given to matters that may have previously been given little consideration. However it should streamline the assessment for larger developments that have complex waste management programs or construction phases.

 

Other amendments should clarify specific matters enabling staff to provide clear and certain responses.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

General Manager's Report

ITEM 9.5???? SF1498??????????? 130313??????? Environmental Planning and Assessment Amendment Bill 2012 and Council DCP 2010

 

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

 

Summary:

 

The Environmental Planning and Assessment amendment bill 2012 was passed through the NSW parliament late last year. The amendment bill was the result of Green Paper review of the NSW Planning System and provides a number of changes to the NSW Planning system, to reduce red tape, tighten controls on accredited certifiers among other things.

 

The purpose of this report is to advise Council of changes to the Environmental Planning and Assessment Act 2012 based on this amendment bill. The focus of this report will be on changes to Development Control Plan provisions.

 

 

Recommendation:

 

That Council note the information provided in regards to the Environmental Planning and Assessment Amendment Bill 2012.

 

 

OPTIONS:

 

NIL

 

 

DISCUSSION:

 

A report in this business paper recommends Council adopt a number of amendments made to Council?s Development Control Plan 2010.? For this reason it is considered timely to identify the changes to the NSW Planning System identified through the 2012 amendment bill including changes to the way in which DCP?s will be administered in NSW.

 

The amendment bill proposes a number of changes but the most relevant to this Council is the proposed changes to the purpose, status and content of the development control plans and how they are taken into account during the development assessment process.

 

Without directly referencing the new sections of the Act the amendment bill will have the following implications for Development Control Plans in NSW.

 

????? Section 74BA (new) generally indicates that a DCP is to be used to assist or guide implementation of other controls and objectives contained in Local Environmental Plans. This section specifically indicates that the provisions of a development control plan for the above purpose are not statutory requirements.

????? Section 74C (amended) highlights that during preparation, a DCP it is to be designed to provide guidance on the implementation of the LEP.

????? Section 75C (amended) highlights that a DCP has no effect if it is essentially the same or inconsistent with the provision of any planning instruments (LEP?s/ SEPP?s).

????? Section 79C (amended) clearly indicates the DCP provisions have less weight than other instruments. It highlights that the assessing body needs to be flexible in the consideration of proposals that do not comply with the provisions of the DCP.? And when considering DCP standards are not to give weight to previous or future application of the provisions.

 

Essentially the amendments will ensure that the DCP controls adopted by Council will be used as guidelines.

 

The amendments will take effect when the amendment bill is proclaimed by the Governor of NSW and some amendments are made to the Environmental Planning and Assessment Regulation. ?For further information on the amendments follow the below link to the Department of Planning and Infrastructure Website:

 

http://www.planning.nsw.gov.au/HousingDelivery/Changestoassisthousingsupply/tabid/611/language/en-AU/Default.aspx

 

 

CONSULTATION:

 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

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

 

Nil

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Corporate and Community Services

ITEM 10.1?? DA2012/108???? 130313??????? 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 matter was previously reported 28.02.2013.? Copy of the previous report is attached.

 

The recommendation and options contained within the original report remain unchanged and this report is to provide Council with further information only.

 

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 of 450mm over 1.0m of

?????????????????? balustrading on the northern side reducing to nil along its eastern edge and 250mm of the open pergola to the deck on the northern side reducing to 100mm along its eastern edge and 100mm over 600mm to the open pergola on the southern side. 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:

 

At its General Meeting on 28 February 2013 Council resolved:

 

?That the matter be deferred to allow Councillors to consider floor plans, shadow diagrams and elevations, and also to facilitate an onsite inspection; with further information about the provisions of an existing lease of Gordon Park and whether it has any relevance to the development application.? Also, that the applicant be provided with the opportunity to address the variations from the DCP or provide justification for same.? Further, that Council?s Manager Applications and Compliance be requested to respond to the allegation of departures from the DCP as mentioned in Mrs Leckie?s letter.?

 

????? In relation to point 1 ? plans are circulated document.

????? In relation to point 2 ? site inspection has been undertaken.

????? In relation to point 3 ? the applicant?s response is Attachment B/Circulated.

????? In relation to point 4, the matters raised in the late submission to Council are further addressed in turn below.

 


Floor Space Ratio

 

The original submission assessment revealed a floor space ratio increase of 4% whereas the applicant declared no variation.? My calculation incorporated patios which were deemed to be enclosed due to partial enclosure by walls over 1.4m high.

 

When considering overall accumulative impact the exceedance was reduced to 2.6% to which the applicant has sought a variation.?

 

Council has delegated authority from the Director General NSW Planning to approve a variation to a legal instrument, in this case, Council?s LEP of up to 10%.

 

Height

 

Earliest concerns related to height of building and the height plane footprint which was shown above previous natural ground contours.? The building had to be within 14m above existing ground levels.

 

Following a more comprehensive assessment and once again balancing accumulative impacts, the top story was reduced with the lift overrun penetrating the 14m height plane.

 

The matter was referred to the architect who gave an assurance that the lift overrun could be redesigned/reshaped to encroach 0.5m.? This being considered a minor redesign it was covered by a condition of consent in the recommendation.

 

As previously mentioned this also is a request variation from the applicant to Council?s LEP and the reasons for the variation were assessed allowing this minor consideration only which did not increase overshadowing.

 

Amended elevations have been received showing no projection of the lift overrun but a small projection of 450mm over a length of 1.0m to the balustrading on the northern side of the building reducing to nil along its eastern edge and 250mm of the open pergola to the deck on the northern side reducing to 100mm along its eastern edge and 100mm over 600mm to the open pergola on the southern side which also does not increase overshadowing.

 

Due Process

 

Each matter raised in the submissions were individually (except where repeated) dealt with in the report to Council after comprehensive assessment and amendment to design as necessary.

 

Shadowing?Single storey dwelling (and ocean view apartment).

 

Generally living rooms and principal ground level private open spaces shall have at least? 2 hours sunlight between 9.00 am and 3.00 pm midwinter.

 

In the original submission the shadow diagrams were drawn on the horizontal plane which does not truly demonstrate in this particular case the impact on adjoining windows.? Accordingly, shadow diagrams were required to demonstrate shadowing in the vertical plane which, when presented, showed no impact on north facing windows for at least 2 hours.

 

Assessment of the impact on the property concerned (single story dwelling) did not require floor plans of the dwelling as:

 

a??????? Northern aspect is for best passive solar infiltration especially winter.?

b??????? Eastern aspect gains morning light and view and in other months is preferably screened in the mornings due to heat load.? The building is oriented East for views.

c??????? Western aspect affected by cold winds in winter and significantly overshadowed by existing ocean view apartments for afternoon winter sun.

d??????? Southern impact or aspect does not benefit from solar infiltration..

 

Accordingly, the northern and eastern aspects were assessed by horizontal and vertical shadow lines to ensure compliance with the policy.

 

With respect to the internal courtyard, the area is significantly overshadowed by its own roof line (Ridge approximately 4 ? 4.5 metres above finished ground level.)

 

Social and Economic Considerations

 

Have been well considered in the report without denigrating any specific demographic of population.

 

Consultation Process

 

The proposal was notified in accordance with Council?s policy.? Submissions received were considered and following a comprehensive assessment of the proposal, a further meeting with the Applicant, his Architect and Planning Consultant was held to purvey issues resolving resolution.?

 

The proposal was amended to address the issues and further amended as I believed all matters had not been addressed sufficiently.

 

With respect to the further submission being currently addressed I advise that there has been phone and email interaction with the concerned party and the amended proposal was related to Mr Leckie with a welcome to attend Council?s offices to view the amended plans prior to the last meeting.

 

Access to Shadow Plans

 

During his deputation to Council, Mr Leckie questioned why Mr Graham was provided with a copy of the revised shadow diagram and not them. Whilst Mr Graham did come into the Council Office and obtained a copy, the Leckie?s through telephone conversations sought a number of things including further meetings to discuss the amended plans and a request to mail the plans off to them. They were advised that the plans are available at the Council chambers should they require a copy.

 

 

Licence over Gordon Park

 

The development proposal has been submitted for Lot 1 DP 1128126 and does not include the licensed area.

 

Council?s LEP does not permit the factoring in of the licensed area.? Accordingly, the licensed are has no bearing on this proposal and has not been included in any calculations.

 

Access to Gordon Park as proposed

 

As identified in the circularised documents relating to the licensed area, Council previously resolved not to permit access onto Gordon Park for the previous development.

 

The applicants have submitted plans which show access onto Gordon Park for residents and owners of the proposed units. The applicants consider that this is a safe and feasible approach and the concerns of Council?s ?exposure to public liability? is not exacerbated with this access..

 

The applicants respectfully request Council to permit the access to be maintained.

 

Council should consider Clause 14 of SEPP71 repeated below:

14 Public access

A consent authority must not consent to an application to carry out development on land to which this Policy applies if, in the opinion of the consent authority, the development will, or is likely to, result in the impeding or diminishing, to any extent, of the physical, land-based right of access of the public to or along the coastal foreshore.

 

In conclusion, I would attest that the process of appraisal has been carried out lawfully.

 

Circularised with this report for Councillors information are:

????? Copies of Plans for the proposal inclusive of the Floor Plans which are confidential.

????? Copy of the previous report presented to Council at its 28 February meeting.

????? Advice on the process of the Licenced area.

????? Responses from Peterson Consulting.

 

Attachments:

1View

3472/2013 - Report to Council 28 February 2013

0 Pages

2View

10760/2007 - Termination of licence LI 354935 and granting of licence LI 392818

0 Pages

3View

?- CIRCULARISED DOCUMENT - Current Assessment Plans

0 Pages

??


Ordinary Council Meeting - 13 March 2013

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

 

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:

1

?- CIRCULARISED COLOUR DOCUMENT - Concept Plans - East and West Elevations - Trim 4386/2013

0 Pages

2

?- 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 - 13 March 2013

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

 




Ordinary Council Meeting - 13 March 2013

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

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

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

 

 

 

CIRCULARISED DOCUMENT - Current Assessment Plans

 

??Pages

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.2?? SF1690??????????? 130313??????? Nambucca Heads Skate Park

 

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

 

Summary:

 

The Nambucca Heads Skate Park has continued to be a matter of objection and concern to many residents within its immediate proximity since its construction.

 

There has been ongoing legal objection and line of enquiry into the construction of the Skate Park and its management.

 

This report is to provide Council with an update and options open to it in regard to the matter.

 

 

Recommendation:

 

1.?????? That Council advise the Coronation Park Committee of Management who represent all the users of Coronation Park of Council?s intention to close and relocate the access to the skate park and cricket practice nets further to the south along Meadow Crescent.

 

2.?????? That after considering any alternative suggestion from the Committee of Management and subject to the availability of funds proceed to close and relocate the access to the skate park and cricket practice nets further to the south along Meadow Crescent.

 

3.?????? That once the costs of this action are finally determined a supplementary budget allocation be made in the March Quarterly Review.

 

4.?????? That Council then monitor the effectiveness of this action in consultation with Adendorffs and their clients before considering any further actions.

 

 

 

 

OPTIONS:

 

Council could choose to implement all actions at once but would require a supplementary budget allocation which could only come from working funds.

 

Council could choose not to take any action and permit this matter to proceed through the legal system to seek a determination.

 

 

DISCUSSION:

 

The Nambucca Skate Park was approved via Development Application 2008/068 with conditional consent issued on 7 February 2008 (copy attached Trim Doc 3040/2008).

 

This application followed many years of searching for and investigating a number of possible sites with Coronation Park being the finally agreed site.

 

During the public notification and exhibition of the proposal, Council received a number of objections to the proposal and its location. Similarly, Council received a large number of letters supporting the proposal from many skateboarders, parents of skateboarders and those people who had been pursuing the construction of the skate park for over 20 years.

 

The conditions attached to the consent required a number of things to be done prior to the issue of the Construction Certificate and also prior to its use.

 

A Construction Certificate was submitted on 24 February 2009. It is noted that an inspection of the ?reinforcement steel? was carried out on 23 October 2009.? The construction of the skate park continued and a number of other matters required by the development consent were attended to and the skate park was completed, opened and has been used since.

 

During 2010 and 2011 residents made representations to Council in regard to a number of concerns and issues associated with the Skate Park, its users and other law and order matters occurring at and in the vicinity of the skate park. This escalated to formal advice being served on Council by Adendorffs Solicitors on behalf of concerned residents in April 2011. This was referred to Council in April 2011 when it resolved to place the matter in the hands of its Solicitors. (Privileged Legal advice provided to Councillors in the confidential section of this business paper).

 

Numerous exchanges of letters and information were passed between the two Solicitors and their respective Clients. Then, in November 2011 Adendorffs set out the terms of their client?s claims and suggested remedies.

 

Council then received a GIPA application on 18 June 2012 from Adendorffs in regard to DA 2008/068 to review the process of approvals and management of the skate park.

 

Following receipt of the information and after Adendorffs and their client perused Council?s public files further enquiries were received. As no immediate end was in sight, and after discussion with the Mayor, General Manager and Council?s Solicitors it was decided to invite the landowners to attend a ?without prejudice? meeting in an attempt to try and work through the issues. This invitation was issued on 1 November 2012.

 

The landowners however referred this to their Solicitors who questioned Council as to why a meeting was now being requested after 12 months of them trying to seek a resolution.

 

Notwithstanding, the meeting was held on 21 January 2013 when a number of matters were discussed in an attempt to address the concerns and issues.

 

Several of the suggested remedies are outlined and costed below:

 

SUGGESTED REMEDY

ESTIMATED COST

Relocate the access for the skate park further to the south along? Meadow Crescent and attend to the existing boundary fencing to stop access over or through the fence.

$1,500 - $2,000

CCTV be installed and monitored.

 

$6,970 - $9,000

Constructing a security fence around the immediate perimeter of the skate park with a lockable gate and that the gates only be unlocked during daylight hours

$10,000

A shed like structure be erected over the skate park

 

estimate $30,000

Placement of a noise monitor on the affected properties to identify the noise impact (Max 2 properties)

$4,500 - $6,000

Closing, decommissioning and relocating the Skate Park

 

$100,000+

Installation of motion censored lighting

 

$500

 

During the 21 January meeting the issue of noise was discussed and whilst it remains an issue, it is one which could be tolerated if the other suggested measures are implemented.

 

Whilst the above measures have been identified there was also comment in regard to additional landscaping, responsible adult supervisor being on duty or regulating access via a permit system. Each of these comes with an ongoing and recurrent cost.

 

During and following the meeting Adendorffs confirmed that they reserve the right to seek further or alternative measures to address their concerns, if the above do not deliver positive outcomes. Copies of this letter and Norton Rose?s comments on the meeting are included in the Confidential section of the business paper.

 

It is therefore proposed, that Council, subject to the availability of funds, consider implementing one action at a time to enable the effectiveness to be assessed before proceeding to the next action. The suggested order of action is as follows:

 

????? Relocate the access for the skate park further to the south along Meadow Crescent after discussions with the Coronation Park Committee of Management who represent all the users of Coronation Park as this is also the closest access to the cricket practice nets. This may require some shoulder work on the road to enable legal parking of vehicles and also some work to repair the existing boundary fence near the Skate Park.

 

????? CCTV be installed and monitored which includes the erection of a pole to place the cameras and transmission box. The location of the surveillance monitor would be in the Council Administration building in Macksville. Power, internet and other connections would be required.

 

????? Constructing a security fence around the immediate perimeter of the skate park with a lockable gate. This would necessitate the management of the locking and unlocking of the gates. It would be necessary that the locking be done by someone with authority as there may be a need to eject skateboarders at closing time. The opening would be a simpler process however it would need to be an a roster to ensure the gates are opened.

 

????? Installation of motion censored lighting would only work if the skate park is fenced as it would limit the sensor being affected by nocturnal animals and may also increase activity at the skate park during the night.

 

 

CONSULTATION:

 

General Manager

Council?s Solicitors

Adendorffs Solicitors

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

The purpose of this report is to try and mitigate a number of matters and concerns raised by concerned residents.

 

Economic

 

There are no identified economic impacts associated with this report, although claims have been made in regard to reduced property prices.

 

Risk

 

It is considered that a one step at a time course of action will minimise the risks of expending considerable funds only to find that the alleged issues are not addressed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No funds have been allocated for implementation of any of the suggested actions.

 

Source of fund and any variance to working funds

 

The options for Council are to provide a supplementary budget allocation from its working funds, the unallocated funds from the environmental levy or specifically allocate funds in the upcoming 2013/2014 budget.

 

Service level changes and resourcing/staff implications

 

The first recommendations action is not likely to have an impact on service levels or staffing implications.

Subsequent actions may very well have a staffing impact.

 

 

Attachments:

1View

3040/2008 - Consent - Skate Park, Coronation Park - DA 2008/068

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Nambucca Heads Skate Park

 

Enquiries to:?????? Miss Kathy Beech

Contact Phone:??? 6568 0228

Our Ref:??????????? DA 2008/068

 

 

 

11 February 2008

 

 

 

Mr Bruce Redman

Director, Department of Engineering Services

Nambucca Shire Council

PO Box 177

MACKSVILLE?? NSW?? 2447

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

(Issued under Section 81(1)(a) of the Environmental Planning and Assessment Act 1979)

 

 

Development Application No:???????????????? 2008/068

 

Applicant:??????????????????????????????????????????????? Nambucca Shire Council

 

Subject Land: ???????????????????????????????????????? Lot 2 DP 864792, Oval No. 2., Coronation Park, Nambucca Heads

 

Development Proposal:?????????????????????????? Construction of a Skate Park and Relocation of Existing Cricket Nets.

 

Building Classification under

The Building Code of Australia:????????????? 10b

 

 


DETERMINATION

 

Determination:??????????????????????????????????????? The development application has been determined by Nambucca Shire Council by way of granting of consent subject to conditions described below.

 

Made on:???????????????????????????????????????????????? 7 February 2008

 

Consent to operate from:??????????????????????? 11 February 2008

 

Consent to lapse, unless the development has commenced in accordance with the provisions of Section 95 of the Act:????? 11 February 2013

 

 


DETAILS OF CONDITIONS

 

GENERAL CONDITIONS

 

1????????? The development shall be carried out generally in accordance with the application and the documents lodged with Council on 17 September 2007 and plan Nos 1, 2 & 3, stamped and returned with this consent.

 

??????????? Reason:? To ensure development proceeds in accordance with approved plans.


Ordinary Council Meeting - 13 March 2013

Nambucca Heads Skate Park

 

2????????? Building works in accordance with this development consent, must not be commenced on-site until a Construction Certificate has been issued by the Principal Certifying Authority.

 

??????????? Reason:? To satisfy the relevant statutory requirements.

 

3????????? The work must be carried out in accordance with the requirements of the Building Code of ?????????????????????????????????????????????? Australia for a Class 10b structure.

 

??????????? Reason: To satisfy the statutory provisions of the Building Code of Australia 2007.

 

 

PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE FOR STAGE 1 AND STAGE 2

 

4????????? The applicant shall submit the following details to Council for approval:

 

? structural engineering details for the proposed works; and

 

? detail of proposed balustrades where the height of any platform exceeds 1 metre above adjacent ground level.

???????????

??????????? The design of the skate park, shall include details regarding appropriate noise attenuation measures.

 

??????????? Reason:? To ensure that the development is undertaken in accordance with accepted engineering standards and to minimise noise generation from the use of the skate park.

 

Visual Amenity

 

5????????? Submission of a landscaping plan providing details of hard and soft landscaping works for approval by Council. The landscaping plan should specifically address the amenity of residences along Meadow Crescent? and the provision of shade around the site. Such landscaping shall not obscure visibility of the skate park from the street.

 

??????????? Reason:? To minimise visual impact of the facility on nearby residents and provide shading to the facility.

 

 

TO BE COMPLIED WITH DURING CONSTRUCTION

 

Council Infrastructure

 

6????????? The existing water supply line and hydrant are to be protected from machinery and equipment during construction.

 

??????????? Reason:? To protect the integrity of Council services to the field.

 

 

PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

 

7????????? A Code of Conduct is to be developed by the Nambucca Valley Skaters in conjunction with Council and the Coronation Park Trust Committee. A copy of the Code is to be submitted to Council.

 

??????????? Reason:? To encourage an acceptable level of behaviour and co-operation by users of the skate park.

 


ADVISORIES

 

Construction

 

Hours of operating power machinery are set by the Environment Protection Authority. In general, these hours are between 7.00 am and 6.00 pm on weekdays and between 8.00 am and 6.00 pm on weekends and public holidays. Council seeks your co-operation in adhering to these hours when working near residential premises.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:?????? NIL

 

Integrated Development:???????????????????????? NO

 

 


REVIEW OF DETERMINATION

 

An applicant may request a review of this decision under Section 82A of the Environmental Planning and Assessment Act 1979. A request for a review must be made within 28 days after the date of the determination and accompanied with the prescribed fee.

 

RIGHT OF APPEAL

 

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within twelve (12) months after the date on which you receive this notice.

 

 

Signed on behalf of Consent Authority

 

 

 

 

Signature: ....................................................................

 

Name:?????????? A TSEMBIS

???????????????????? MANAGER PLANNING & ASSESSMENT

 

Date:???????????? 11 February 2008

 

Certifying Authority:??????? Nambucca Shire Council


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.3?? SF1822??????????? 130313??????? Minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013

 

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

 

Summary:

 

Attached for Council?s information and endorsement are the minutes from the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013.

 

There were quite a few matters discussed, however none required a formal motion or recommendation to Council.?

 

 

Recommendation:

 

The Council endorse the minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013.

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes.?

 

DISCUSSION:

There is no discussion required.?

 

CONSULTATION:

Noting required.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Nothing identified

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nothing required

Source of fund and any variance to working funds

 

Nothing required

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1View

4459/2013 - Minutes - Access Committee - 22 January 2013

0 Pages

2View

5045/2013 - Minutes - Access Committee - 26 February 2013

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013

 

PRESENT

 

Cr E South (Chairperson)

Ms Fiona Henwood

Ms Coral Hutchinson

Ms Alba Sky

Mr Peter Shales

Ms Margaret Hutchinson

Mr Keith Davis

Dr Dorothy Secomb

Mr Les Small

 

 

 

APOLOGIES

Cr A Smyth

Mrs Shirley Holmes

?

 

Assistant General Manager Corporate and Community Services Report

ITEM 3.1???? SF1822????????????? 220113???? Confirmation of the Minutes of the Previous Meeting held 27 November 2012

RESOLVED: (DAVIS/SHALES)

 

That the Committee confirm the minutes of the meeting held 27 November 2012.

 

 

 

 

ITEM 3.2???? SF1822????????????? 220113???? Report on Business Arising from the Previous Meeting held 27 November 2012

RESOLVED: (DAVIS/SHALES)

 

That the matters arising from previous minutes including Council?s endorsement of the Committee?s recommendations, be noted.

 

 

 

 

ITEM 3.3???? SF1822????????????? 220113???? Report on Correspondence to Access Committee meeting 22 January 2013

Recommendation:

 

The 2 items of correspondence were noted.? No particular action was required as they were items for information.

 

 


 

ITEM 3.4???? SF1822????????????? 220113???? Report on General Business to Access Committee meeting 22 January 2013

Recommendation:

 

The following matters were noted without formal motion:

 

? Ability Links ? a new way to support people with disabilities

? Pedestrian access in Piggott Street and from Riverside Drive Nambucca Heads near the Physiotherapist.

? Winifred Street toilets ? inward opening doors make access into cubicles difficult.? Can toilet doors open outwards?

 

???

 

NEXT MEETING DATE

 

The next meeting will be held Tuesday 26 February 2013 commencing at 2.00 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.12 pm.?

 

 

 

 

Cr Elaine South

(CHAIRPERSON)

 


Ordinary Council Meeting - 13 March 2013

Minutes of the Nambucca Shire Council Access Committee meetings held 22 January 2013 and 26 February 2013

 

Meeting Opened: 2:07 pm

 

PRESENT

 

Cr A Smyth (Chairperson)

Mrs Fiona Henwood

Ms Coral Hutchinson

Mrs Shirley Holmes

Mr Keith Davis

Ms Margaret Hutchinson

Mr Les Small

Ms Alba Sky

Ms Lee-Anne Funnell

 

 

APOLOGIES

 

Mr Peter Shales

Dr Dorothy Secomb

Cr E South

 

?

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 3.1???? SF1822????????????? 260213???? Confirmation of the Minutes of the Previous Meeting held 22 January 2013

ReSOLVED: (SKY/HUTCHINSON)

 

That the minutes of the meeting held 22 January 2013 be confirmed.

 

 

 

ITEM 3.2???? SF1822????????????? 260213???? Report on Business Arising from the Previous Meeting held 22 January 2013

The following matters were discussed without formal resolution:

 

??? Piggott Street area near physiotherapist.? The issue of lines on the road appears to be a traffic issue rather than a pedestrian issue, however it is noted that there are no footpaths or pedestrian crossings in the area.? No further action.

??? Toilet doors ? can open outwards, but this requires changing the frame.? Still to be investigated further.

??? Ability Links was discussed.? No further action.

??? Font size on website has been fixed.? No further action.

??? Disability parking on Winifred St ? has been referred to the traffic committee in accordance with the Committee?s recommendation.?

 

 


 

ITEM 3.3???? SF1822????????????? 260213???? Report on Correspondence to Access Committee meeting 26 February 2013

The Committee noted that the letter has been sent to Caltex regarding a warning for pedestrians.? It is being referred to Caltex Australia.

 

 

 

ITEM 3.4???? SF1822????????????? 260213???? Report on General Business to Access Committee meeting 26 February 2013

RESOLVED: (HOLMES/HUTCHINSON)

 

That the Committee reactivate Council?s previous resolution regarding Australia Post and again write to them regarding accessible post boxes including the photograph of the Tamworth post boxes.

 

???

The following items were also discussed:

 

??? ???? Deakin 1 in 4 poll ? encourage people with disabilities to express their views in the poll.? Go to www.1in4pollaustralia.com

 

??? ???? Dive In, Help Out ? Australia?s biggest swim to raise money to help get swimming lessons and equipment for people with a disability.? There will be an event in Macksville on 3rd March.? Discussion was held regarding a hoist for the Olympic Pool and how we can spread the word to local organisations and community members to find out what their needs are.? Ideas discussed included putting an article in the local newspaper to seek comments and feedback for community needs at the pool.? We will invite YMCA to the next meeting to discuss

 

??? ???? Seniors Week in Bowraville ? event was noted

 

??? ???? AGM will be held next month

 

??? ???? Awareness of our committee ? members feel that there is not enough community awareness of our committee and discussion was held regarding how to encourage people to approach members if they have an access issue.? A suggestion was to approach the local newspaper to help spread the word

 

??? ???? Bypass ? discussion was held regarding the town access after the bypass

 

??? ???? Taxi Transport Subsidy Scheme ? there is a survey on TTSS usage in March.? You can download a travel log on: http://scia.org.au/policy-and-advocacy/campaigns/ttss-campaign?

 

??? ???? Shirley Holmes thanked the committee for her get well card

 

??? ???? Bellwood Caf? ? crossing from bus stop to caf? is difficult because the surface is broken up and the road is dangerous

 

??? ???? All footpaths in the area are being reviewed

 

??? ???? Toilets at Ferry Street park off the bridge in Macksville ? awaiting an update on their replacement

 

??? ???? Access and Disability Information brochure was circulated for discussion.? Please forward any comments or suggestions to Coral Hutchinson.

 

???

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 26 March 2013 commencing at 2:00 pm.? This will include the Annual election of office bearers.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3:41 pm.?

 

 

 

 

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

(CHAIRPERSON)

 

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM ????????? SF318????????????? 130313??????? Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes

 

AUTHOR/ENQUIRIES:?? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting of the Macksville Senior Committee of Management which was held on 21 February 2013 and the names of the new Committee members.? A copy of the minutes, including the financial statements, is attached.?

 

 

Recommendation:

 

That Council note the Minutes of the Macksville Senior Citizens Centre Committee of Management?s Annual General Meeting held on 21 February 2013 including the financial statement.

 

 

 

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 Senior Citizens Centre Committee of Management was held on Thursday 21 February 2013.

 

The Committee of Management for the ensuing year consists of the following Office Bearers:

 

????????? President ?????????????????????? Kay Donnelly

????????? Vice President???????????????? Betty Merrifield

????????? Secretary??????????????????????? Thomas William/George Shepherd

????????? Treasurer??????????????????????? Rita Newman

 

 

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

4857/2013 - Minutes of Annual General Meeting 21 February 2012

0 Pages

2View

4854/2013 - Annual General Meeting Minutes - 21 February 2013 - Financial Report

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes

 

MINUTES OF ANNUAL GENERAL MEETING OF THE SENIOR CITIZENS CENTRE COMMITTEE OF MANAGEMENT HELD 21 FEBRUARY 2013 AT THE SENIOR CITIZENS CENTRE, PRINCESS STREET, MACKSVILLE.

Attendance:

 

 

Members:????? As per attendance record

 

Apologies:?? As per attendance record.?

1.???? Meeting was declared open at 2.00 pm by Chairperson Betty Merrifield.

2.???? The minutes of the previous meeting were read and accepted.??

Moved:? Betty Merrifield?? Seconded: Rita Newman?? Carried

3.???? Business arising from previous meeting:?? Nil

4.???? COMMITTEE AND COMMITTEE MEMBERS FOR THE SENIOR CITIZENS CENTRE COMMITTEE OF MANAGEMENT 2013/2014:

 

??????? Moved:? Rita Newman?? Seconded: Bill Shepherd?? Carried

 

That the Executive of the Senior Citizens Centre Inc Macksville be the Executive for the Senior Citizens Centre Committee of Management, for 2013/2014 and remaining members be committee members ? PO Box 212 Macksville NSW 2447.

 

A complete list of the new committee is attached.

 

5.???? It was reported that the Senior Citizens Centre is currently utilised daily by 9 permanent users and numerous casual users.? The Centre is furnished and maintained internally by the Senior Citizens Centre Inc Committee.? All tenant style expenses including, utilities, telephone, cleaning and minor maintenance are also paid by the Senior Citizens Centre Inc Committee through fundraising activities and hire contributions by all users.? In addition the Senior Citizens Centre Inc Committee maintains a Public Liability Insurance Policy which covers their members and casual users of the facility.? All other permanent users have their own public liability insurance policies.? A grant request has been submitted to Council in order to bring the toilet facilities in the centre back to a safe and maintained standard.

 

6.???? An audited Statement of Income and Expenditure and Balance Sheet are attached.

 

7.?????? The meeting closed at 2.35 pm.

 

 

 

 

 

KAYE DONNELLY ?????????????????????????????????????????? Bill Shepherd

CHAIRPERSON??????????????????????????????????????????????? Secretary

??????? FEBRUARY 2013????????????????????????????????????? ???????? FEBRUARY 2013 ????? ?

 


Ordinary Council Meeting - 13 March 2013

Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes

 

 

 

 

 

MACKSVILLE SENIOR CITIZENS CENTRE COMMITTEE OF MANAGEMENT AS AT 21 FEB 2013

 

 

 

POSITION

FULL NAME

PREFERRED NAME

ADDRESS

EMAIL

PHONE

MOBILE

PRESIDENT

Kay Donnelly

Kay

"Mountain View" 11 O'Dells Road

Warrell Creek NSW 2447

65693167

*0408693167

VICE PRESIDENT????????????????????? PUBLIC OFFICER

Betty Merrifield

Betty

42 West Street Macksville NSW 2447

 

65682525

 

SECRETARY

Thomas Wiliam George Shepherd

Bill

1 Dickson Street Nambucca Heads NSW 2448

macksencits@hotmail.com?

65688838

*0428004035

TREASURER

Rita Newman

Rita

63 East Street Macksville NSW 2447

 

65684373

 

COMMITTEE CENTRE COORD

Stanley Young

Stan

Unit 18 Autumn Lodge Short Street Macksville NSW 2447

 

65683457

 

COMMITTEE ASSISTANT CENTRE COORD

Maude Ward

Maude

1/17 Short Street Macksville NSW 2447

 

 

*0437995523

COMMITTEE

Phyllis May Gaddes

Phyllis

836 Boat Harbour Road Yarranbella NSW 2447

 

65696210

 

COMMITTEE CENTRE MAINTENANCE

Robert Bassett

Robert

92/143 Nursery Road Macksville NSW 2447

 

65684306

 

COMMITTEE

Julie Patricia Rouse

Julie

20 Princess Street Macksville NSW 2447

 

65682492

 


Ordinary Council Meeting - 13 March 2013

Macksville Senior Citizens Centre Committee of Management - Annual General Meeting - 23 February 2012 - Minutes

 









Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Corporate and Community Services

ITEM 10.5?? SF1653??????????? 130313??????? Refinement of Corporate and Community Services Staffing Structure

 

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

 

Summary:

 

Council considered this matter at its 28 February 2013 meeting when it resolved to defer the matter to the next meeting.

 

After discussions with the General Manager, the operational matters have been removed from this report as these matters are his responsibility in accordance with the structure adopted by Council and budget allocation.

 

Therefore this report will differ from the report presented to Council at its 28 February 2013 meeting including the recommendations which are the relevant recommendations from the Consultative Committee meeting held on 27 February 2013.

 

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??????? Engineering Support Officer ? Engineering? 21 hrs/wk to 35 hrs/wk???????

 

6??????? That Council notes 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.

 

 

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. It being noted however, that Council has to date, invested considerable funds into the Cadetship program with all three cadet accountants previously employed, leaving Council prior to the completion of their Cadetship and without Council gaining any real return on the investment in the training of these individuals.

 

 

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 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.

 

 

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 position 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 position, 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 as the budget impact on the Financial Services staffing structure will be an increase of $32,000 per annum.

?

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???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.6?? SF1709??????????? 130313??????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 18 February to 1 March 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

????? Voluntary Planning Agreement supported by Council at its 28 February 2013 meeting.

 

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

2012/108

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

Matter deferred ? Additional information to this meeting

2012/157

18/12/2012

Demolition of Existing Dwelling & Erection of Detached Dual Occupancy

Lot B DP 418330, 4 High Street, Nambucca Heads

????? Minimising overshadowing of north facing living areas

????? Reducing potential invasion of privacy

????? Providing of environmentally aesthetic retaining walls to prevent slippage

????? Provision of effective structural support of adjoining fence

????? Ensure all surface/stormwater is directed away from property

Submissions close: 14 January 2013

Total submissions received:? 1

2012/154

14/12/2012

Additions - Commercial

Lot 8 Sec 23A DP 758749, 12-18 Nelson Street, Nambucca Heads

????? Noise, and noise from poker machines, smoke coming up the hill

????? Unable to enjoy back area as disturbance emanating from the Club

Submissions close: 11 January 2013

Total submissions received:? 1

?Bushfire assessment received application assessment may now be finalised.

2010/004

06/07/2009

13 Lot Residential Subdivision

Lot 95 DP 1099538, Seaforth Drive, Valla Beach MODIFICATION

????? Amendment causing pathway/cycleway to be under threat ? requested to be there by the residents as well used and imperative to remain

????? Amendment is an attack on the health and well being of Valla Beach residents

????? No hazardous exit and entry points at either end of Ocean View Drive and at Seaforth Drive end the path levels out off the road to slow down

????? Increased number of lots ? 13 to 15 (smaller blocks)

????? Detrimental to character of blocks

????? Harder to design house to fit on block

????? Confusion of size of lots

????? Access to Ocean View Drive from southern end of Seaforth Drive is essential for residents

????? Ocean Waves Estate ringed by Nature reserve and worried about if fire in reserve no way out or lots of residents using one exit

????? Support for the removal of the bike/walk way

Petition also received ? Report being prepared to Council

Submissions close: 22 February 2013

Total submissions received: 5

2013/005

16/01/2013

Depot

Lot 53 DP 755560, 58 Cowins Road, Valla

????? Dust pollution

???? Increased number of vehicles and speed on Cowins Road

Site visited by Senior Town Planner and Manager Applications and Compliance

Submission received

Concerns from Council?s Engineers raised

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Corporate and Community Services

ITEM 10.7?? SF251????????????? 130313??????? 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???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.8?? SF1709??????????? 130313??????? Applications and Statistical Reports 2012-2013 - January 2013

 

AUTHOR/ENQUIRIES:?? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

Development Application statistics for the calendar year 2013 compared with 2012 are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for 2013 compared with 2012.

 

2????????? That Council note the statistical information for Applications and Certificates received and released by Council for 2012-2013.

 

Development Application Statistics

 

The figures show a -7.14% decrease in the number of DA?s received to January 2013 with construction costs increasing by 8.95% compared to the same period in 2012. The total number of DA?s/CD?s approved for the month of January 2013 was 12 plus 2 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

January 2012

1,231,042

15

5

January 2013

1,352,113

14

12

 

FINANCIAL:

Direct and indirect impact on current and future budgets

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

 

Source of fund and any variance to working funds

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

 


TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2013

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

46.1

34.5

51.5

149

18

 

#Average age of DA?s

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

 

Please note that due to the Christmas closure the times were longer to approve.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.9?? SF1771??????????? 130313??????? Investment Report to 28 February 2013

 

AUTHOR/ENQUIRIES:?? Faye Hawthorne, Accountant ????????

 

Summary:

 

The return on investments from 1 July 2012 to 28 February 2013 is $880,525.(Cash Result)

Estimated Accrual interest up to 30.6.13 is $1,064,903.

Anticipated interest return for financial year is $1,945,428.

 

The budget allocation for the financial year ?2012/13? is $1,825,600.

 

Council currently has $36.301 Million invested:

????? $7.045 Million with Managed Funds,

????? $28.76 Million on term deposits,

????? $0.495 Million in a Floating Rate Note.

 

This report details all the investments placed during February and Council funds invested as at 28 February 2013.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 ? Investment of Surplus Funds

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

That the Accountants? Report on Investments placed to 28 February 2013 be noted.

 

 

 

INVESTMENTS MATURED & INTEREST & RETURNS 1 TO 28 FEBRUARY? 2013

 

 

 

 

 

 

 

 

 

Term Deposits/Bank Bills

 

 

 

 

Institution

?Amount

Period (Days)

Rate

?Interest

 

 

 

 

IMB

?$1,054,835.96

154

4.90%

?$21,807.65

 

 

 

 

Bank of Qld

?$1,024,731.51

140

4.10%

?$20,045.43

 

 

 

 

ING

?$1,000,000.00

210

5.04%

?$28,997.26

 

 

 

 

 

 

 

 

 

 

 

 

 

Managed Funds

 

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Returns This Month

Annualised Performance FYTD

Returns FYTD

 

 

UBS Wealth M'ment Aust Ltd

?$ 199,752.33

31

-0.17%

-$ 346.40

0.07%

?$138.74

Interest Paid Daily each Quarter

 

ANZ (On call)

?$1,486,280.15

31

0.28%

?$4,091.25

2.12%

?$27,779.41

 

 

Macquarie Global Income Fund

?$3,762,886.67

31

0.09%

?$ 3,366.29

6.59%

?$242,598.08

 

 

 

 

 

 

 

 

 

 

 

Long Term Funds

 

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Coupons Paid to Date

Annualised Performance FYTD

 

NSW Treasury Corp

?$1,101,823.08

31

1.79%

?$19,400.49

?$90,607.09

N/A

14.66%

 

Averon II*

?$494,450.00

31

6.30%

?$ 29,300.00

-$5,550.00

?$28,396.10

15.45%

 

 

 

 

 

 

 

 

 

 

Floating Rate Term Deposits/Notes

 

 

 

 

 

Institution

Amount

Period (Days)

Performance for Month

Monthly change in net asset value

Change in net asset value LTD

Coupons Paid to Date

Annualised Performance FYTD

 

ING

?$495,240.00

31

0.00%

-$7,355.00

-$7,355.00

?$24,509.85

0.00%

Coupons paid Quarterly

Investec Bank

?$1,000,000.00

31

6.40%

?$16,657.53

?$16,657.53

?$? -??

0.00%

 

 

 

 

 

 


 

INVESTMENTS HELD AT 28 FEBRUARY 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Institution

 

Amount

?Date Invested

Period (Days)

Maturity Date

Interest for month

Interest

?Interest Due at maturity

BCCU - No 1

A2

$580,497.92

09/08/12

273

09/05/13

2,442.86

5.12%

?$22,230.05

BCCU - No 2

A2

$723,112.14

27/05/12

365

27/05/13

3,922.64

6.60%

?$47,725.40

BCCU - No 3

A2

$1,135,848.19

02/06/12

292

21/03/13

4,901.26

5.25%

?$47,705.62

IMB - No 1

A2

$1,076,643.61

07/02/13

147

04/07/13

3,628.14

4.10%

?$17,777.89

IMB - No 2

A2

$1,000,000.00

06/02/13

48

26/03/13

3,304.11

4.02%

?$5,286.58

IMB - No 3

A2

$823,400.33

17/01/13

89

16/04/13

2,910.10

4.30%

?$8,633.30

Bank of Qld - No 2

BBB+

$1,044,776.94

07/02/13

182

08/08/13

3,778.37

4.40%

?$22,922.12

Bank of Qld - No 3

BBB+

$700,000.00

14/06/12

301

11/04/13

2,905.48

5.05%

?$29,151.64

ME Bank

BBB+

$642,978.22

31/01/13

145

25/06/13

2,272.44

4.30%

?$10,983.48

NAB - No 2

AA-

$1,000,000.00

06/02/13

85

02/05/13

3,509.59

4.27%

?$9,943.84

NAB - No 3

AA-

$1,072,443.58

05/07/11

731

05/07/13

5,694.23

6.46%

?$138,749.52

NAB - No 4

AA-

$1,209,197.57

15/08/12

204

07/03/13

5,048.81

5.08%

?$34,331.93

NAB - No 5

AA-

$863,976.53

18/12/12

366

19/12/13

3,223.93

4.54%

?$39,332.00

NAB - No 6

AA-

$1,173,486.09

13/12/12

182

13/06/13

4,398.16

4.56%

?$26,682.18

NAB - No 7

AA-

$1,065,431.09

19/07/12

273

18/04/13

4,483.57

5.12%

?$40,800.46

NAB - No 8

AA-

$800,000.00

20/12/12

203

11/07/13

2,985.21

4.54%

?$20,199.89

AMP(CPG) - No 2

A

$1,000,000.00

10/01/13

365

10/01/14

3,698.63

4.50%

?$45,000.00

AMP(CPG) - No 3

A

$500,000.00

09/09/12

366

09/09/13

2,465.75

6.00%

?$30,082.19

AMP(CPG) - No 3

A

$500,000.00

09/09/12

366

09/09/13

2,465.75

6.00%

?$30,082.19

AMP(CPG) - No 4

A

$1,000,000.00

07/12/12

550

10/06/14

3,698.63

4.50%

?$67,808.22

ING Bank (Aust) Ltd -No.4

A

$1,028,997.26

21/02/13

364

20/02/14

3,619.82

4.28%

?$43,920.42

Rabobank(Aust)-No.1

AA

$500,000.00

23/04/12

1827

24/04/17

2,630.14

6.40%

?$160,175.34

Rabobank(Aust)-No.2

AA

$1,000,000.00

30/03/12

365

30/03/13

5,876.71

7.15%

?$71,500.00

Rabobank(Aust)-No.3

AA

$500,000.00

25/11/11

1827

25/11/16

2,547.95

6.20%

?$155,169.86

Rabobank(Aust)-No.4

AA

$1,000,000.00

07/09/12

286

20/06/13

4,109.59

5.00%

?$39,178.08

Rural Bank

A-

$1,019,369.86

24/01/13

119

23/05/13

3,611.08

4.31%

?$14,323.96

ANZ

AA

$1,000,000.00

20/06/12

372

27/06/13

3,569.43

5.00%

?$50,958.90

ANZ (Coffs Harbour)

AA

$800,000.00

22/11/12

125

27/03/13

2,998.36

4.56%

?$12,493.15

ANZ (Coffs Harbour)

AA

$1,000,000.00

22/11/12

153

24/04/13

3,821.92

4.65%

?$19,491.78

ING Bank (Aust) Ltd -No 1

A

$500,000.00

09/01/13

181

09/07/13

1,857.53

4.52%

?$11,207.12

ING Bank (Aust) Ltd No 2

A

$1,500,000.00

12/12/12

1464

15/12/16

7,779.45

6.31%

?$379,637.26

ING Bank (Aust) Ltd No 3

A

$495,240.00

26/04/12

1426

22/03/16

2,706.86

6.65%

?$128,666.07

Investec Bank Australia

BBB-

$1,000,000.00

26/02/13

89

26/05/13

4,093.15

4.98%

?$12,143.01

ANZ (On Call)

At call

$1,486,280.15

31/01/13

28

28/02/13

4,091.25

3.25%

?$3,705.52

Macquarie Global Income Opport.Fund

A

$3,762,886.67

31/01/13

28

28/02/13

3,366.29

5.70%

?$16,453.61

UBS Wealth? Aust Ltd

At Call

$199,752.33

31/01/13

28

28/02/13

-346.40

2.10%

?$321.79

NSW Treasury Corp

A

$1,101,823.08

31/01/13

28

28/02/13

19,400.49

0.00%

?$? -??

Averon II

A

$494,450.00

31/01/13

28

28/02/13

29,300.00

0.00%

?$? -??

TOTAL

 

?$36,300,591.56

 

 

 

?$176,771.29

 

?$1,814,774.40

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during February 2013 and Council funds invested as at February 2013.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

That Council may not meet its budget returns for 2012/2013 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2012/2013 will be completed with the March 2013 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the March 2013 Budget Review.? Variances will be distributed between the Water, Sewerage and General Funds for the third quarter of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report. ??


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Engineering Services Report

ITEM 11.1?? PRF45????????????? 130313??????? Naming the reserve and beach - Ferry Street Macksville

 

AUTHOR/ENQUIRIES:?? Keith Williams, Manager Technical Services ????????

 

Summary:

 

Council considered a report pertaining to the naming of the reserve on the northern foreshore of Macksville at the meeting held on 16 January 2013 and resolved as follows:

 

?1?????? That the park have one name and that Council advertise the options of:

 

????????? ?Lions Park ? Ferry Street? or

????????? ?Lions Ferry Park? or

????????? ?Ferry Street Park?

 

2??????? That comments and submissions on the proposal be received for a period of one month and that if no objections are received Council submit a name to the Geographic Names Board for advertising and adoption.?

 

This report now seeks formal resolution in the naming of the reserve.

 

 

Recommendation:

 

1??????? That Council endorse the name ?Lions Park - Ferry Street? for the northern foreshore reserve and beach area adjacent to Ferry Street, Macksville known as Part Lot 160/161 DP 187473.

 

2??????? That Council submit the adopted ?Lions Park ? Ferry Street? name to the Geographic Names Board for advertising and adoption.

 

 

OPTIONS:

 

1??????? Council name the area without advertising.

 

2??????? Council consider other names for the beach and/or area.

 

3??????? Council leave the area unnamed.

 

 

DISCUSSION:

 

A number of names have been submitted for the new beach area adjacent to Lions Park, Ferry Street Macksville, all the names have merit and an association with the reserve and beach area.

 

Following discussions with the Lions Club of Macksville and Macksville & District Chamber of Commerce & Industry the idea of having two adjacent public reserves with two conflicting names is not supported, this issue was taken into consideration when Council recently discussed the matter at its meeting 16 January 2013 and resolved as follows:

 

1??????? That the park have one name and that Council advertise the options of:

 

????????? ?Lions Park ? Ferry Street? or

????????? ?Lions Ferry Park? or

????????? ?Ferry Street Park?

 

2??????? That comments and submissions on the proposal be received for a period of one month and that if no objections are received Council submit a name to the Geographic Names Board for advertising and adoption.

 

The options were advertised in the Nambucca Guardian News - 31 January 2013, with submissions closing on 28 February 2013. Macksville & District Chamber of Commerce & Industry, Lions Club of Macksville and Nambucca Valley River Users Group were advised that Council resolved to name the entire reserve on Ferry Street Macksville, extending from the Pacific Highway up to and including the new beach and invited them to make further submissions.

 

One submission has been received from the Lions Club of Macksville 30 January 2013 attached in support of the option ?Lions Park - Ferry Street?, the submission also outlines a number of tourist guides and sites that already refer to the area as Lions Park.

 

It is intended to also include the section of land on the eastern side of the bridge within the name of this reserve.? A draft Plan of Management has been prepared which recognises the parcel attached to this area.

 

CONSULTATION:

 

Macksville & District Chamber of Commerce & Industry

Nambucca Valley River Users Group

Mr Ken Johnson

Lions Club of Macksville

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment associated with this report.

 

Social

There are no social implications associated with this report.

 

Economic

There are no economic implications associated with this report.

 

Risk

There are no risk implications associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no impact on current or future budgets associated with this report.

 

Source of fund and any variance to working funds

Not applicable

 

Service level changes and resourcing/staff implications

Not applicable??????????????????????????????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? ????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????

 

Attachments:

1View

2417/2013 - Response to Council letter dated 22 January 2013 relating to the naming of the Reserve Area in Ferry Street, Macksville

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Naming the reserve and beach - Ferry Street Macksville

 



Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Engineering Services Report

ITEM 11.2?? SF643????????????? 130313??????? Sandpiper Drive, Scotts Head - Consultation report on access restriction

 

AUTHOR/ENQUIRIES:?? Keith Williams, Manager Technical Services ????????

 

Summary:

 

Following an on site inspection adjacent to the section of pavement at 36A Sandpiper Drive, Scotts Head Council resolved at its meeting on 16 January 2013 as follows:

 

?That there be consultation on 3 options as per:

1????????? The installation of ?No Parking? restrictions on the northern side of the street between the 2 cul de sac heads.

2????????? No parking whatsoever on either side of the Street.

3????????? That there be a no parking zone opposite 36A and the eastern adjoining neighbour.?

 

Council wrote to the property owners and tenants fronting the shareway and those to the east who utilise the shareway seeking comment on the three options. Twelve submissions were received by the closing date and are summarised in the discussion.

 

The next scheduled Local Traffic Committee is in April, and the matter was referred via email to the members of the Committee who have made a recommendation to Council to install ?No Parking? restrictions on both sides of the shareway between the two cul-de-sac heads.

 

 

Recommendation:

 

That Council endorse the recommendation from the Local Traffic Committee and install ?No Parking? restrictions on both sides of the shareway between the 2 cul-de-sac heads in Sandpiper Drive, Scotts Head, and Council notify the residents of the changes to parking in this area.

 

 

OPTIONS:

 

1??????? The Council can take no action.

 

2??????? The Council can resolve to support the recommendation from the Local Traffic Committee to install ?No Parking? restrictions.

 

DISCUSSION:

 

Council has received a complaint about cars parking in a section of Sandpiper Drive, Scotts Head making it impossible for long wheel based vehicles to enter the driveway of 36A Sandpiper Drive. The particular concern is that emergency vehicles, such as an ambulance or fire truck, would be unable to access the property in an emergency.

 

Background Information:

 

This section of Sandpiper Drive was designed in accordance with Auspec standards for subdivision road works. The standards provide for a shareway between 2 cul-de-sac heads to be constructed with a carriageway width of 3.5m ? 5.0m.? Auspec defines a shareway as ?a minor road which carries the lowest volume of traffic providing driveway access to no more than 3 lots on each side and forming a link between two access places.? Vehicle, pedestrian and recreational use is shared, with the design to encourage priority for pedestrians.?? Unfortunately as there is not a connection to Scotts Head Road the shareway does not and will not carry the low volumes of traffic it is intended for and the current arrangement does not allow for pedestrian priority.

 

The Sandpiper Drive shareway has been constructed to the maximum width that allows for parking on one side of the street while leaving a clear 3m for other vehicles to pass.? Auspec suggests spaces for visitor parking bays adjacent to the shareway should be constructed to allow for clear thoroughfare, however, these bays have not been incorporated into Sandpiper Drive.

 

The use of the shareway was one approach to traffic calming, being to control vehicle speeds and discourage through traffic when the street is eventually connected to Scotts Head Road.

 

An additional proposal was to completely block access to Sandpiper Drive at McLeod Drive when the Scotts Head Road connection is completed, this would prevent the short cut being taken by drivers through the residential subdivision, however, installation of bollards to prevent vehicular thoroughfare would now be difficult to install as properties have been purchased without prior knowledge of this traffic management proposal.

 

The property owner disputes the Auspec standards and quotes a NSW Fire Brigade Policy requiring a minimum width of 4m should be provided for general appliance access.

 

The NSW Fire Brigades Guidelines for Emergency Vehicle Access Policy No. 4 provides as follows:

 

????????? ?Along straight carriageway sections, a minimum width of 4m should be provided for general appliance access, and a minimum of width of 6m for aerial appliance access?.

 

There is a similar discrepancy between the Auspec standards and NSW Fire Brigade standards in relation to the turning circle for cul-de-sacs.? Auspec requires a minimum radius of 8.5m whilst the Fire Brigade seek a 12m radius.

 

The parking and access issue seems most acute during the Christmas/New Year period when there is additional street parking. There is an inference that one property fronting the shareway advertises holiday accommodation for 18 people (potentially 9 vehicles) with a majority parked on the street.

 

Essentially to better achieve the outcome of unobstructed emergency access to accord with the preference of the NSW Fire and Rescue would require the signposting of ?No Parking? on one side of Sandpiper Drive between the two cul-de-sacs.? This approach is supported by the property owner.

 

The purpose of this report was to provide background to a proposed site inspection to be undertaken on 16 January. Council carried out this inspection and discussed the matter with the affected property owner. At its meeting of 16 January 2013 Council resolved as follows:

 

?That there be consultation on 3 options as per:

1????????? The installation of ?No Parking? restrictions on the northern side of the street between the 2 cul de sac heads.

2????????? No parking whatsoever on either side of the Street.

3????????? That there be a no parking zone opposite 36A and the eastern adjoining neighbour.?

 

Property owners and tenants fronting the shareway and those to the east who utilise the shareway as the only egress of the subdivision were invited to submit their preferred option. Council received 12 submissions which are attached.

 

In brief,

 

?????????? 2 submissions did not want parking restrictions, both of whom do not front Sandpiper Drive and are not directly affected by the restrictions;

?????????? 2 submissions wanted restrictions on the southern side, (this was not one of the options), a majority submissions wanted a form of parking restriction with 6 of the 12 replies preferring No Parking restrictions both sides of the shareway; and

?????????? all 3 responses from owners who will be directly affected by the restrictions also prefer No Parking Restrictions both sides of the shareway.

 

Comments from property owners east of the shareway suggest parking restrictions are a preference to allow for clear thoroughfare with emergency service access being a concern.

 

The shareway in its current arrangement does not meet the intent of Auspec as a low volume connection. Traffic volumes passing through will increase as development improves, unless access to Sandpiper Drive at McLeod Drive is blocked.? When the connection to Scotts Head Road is completed 2 way traffic flow will be required and the provision for emergency services and larger vehicles will need to be considered.? The only way to cater for existing and future traffic volumes is parking restrictions both sides of the shareway.

 

 

CONSULTATION:

 

?????????? Representations from a property owner addressed to the Mayor, Councillors and Nambucca Shire Council.

 

?????????? Submissions invited on the preferred parking restriction option from tenants and property owners who need to travel through the shareway.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There may be objections from other property owners in relation to the loss of street parking, however submissions from received indicate concurrence to the proposal.

 

Economic

 

There are no economic implications associated with this report.

 

Risk

 

It is difficult to evaluate the risk in relation to emergency vehicle access. Whilst emergency services obviously prefer to be able to get as close to the scene of an incident as possible, this is not always possible for a variety of reasons, battle axe lots being one.

 

In relation to fire emergencies, there is a statutory standard for the placement of fire hydrants along a street, so that whilst a fire tender may not be able to get next to the property, they can tap the hydrant with a hose which will reach the property. Notwithstanding, the extra time required for emergency personnel to access the property, to tap hydrants, and to roll out hose, does increase risk to life and property.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a minor budget impact associated with the purchase and installation of the new signs, this cost will be attributed to the signs and maintenance budget

 


Source of fund and any variance to working funds

 

There is no variance on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact on service level changes and resourcing/staff implications

 

Attachments:

1View

193/2013 - Sandpiper Drive Map

0 Pages

2View

215/2013 - Map of Scotts Head

0 Pages

3View

5263/2013 - Responses to Sandpiper Drive parking restriction questionnaire

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Sandpiper Drive, Scotts Head - Consultation report on access restriction

 


Ordinary Council Meeting - 13 March 2013

Sandpiper Drive, Scotts Head - Consultation report on access restriction

 


Ordinary Council Meeting - 13 March 2013

Sandpiper Drive, Scotts Head - Consultation report on access restriction

 













Preferences

 

 

Yes

No

1

3

6

2

6

4

3

2

6

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Engineering Services Report

ITEM ????????? SF992????????????? 130313??????? Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013

 

AUTHOR/ENQUIRIES:?? Paul Gallagher, Assistant General Manager - Engineering Services ????????

 

Summary:

 

The minutes of the Nambucca Emergency Operations Centre Committee meeting held on 19 February 2013 are attached.

 

 

Recommendation:

 

That Council:

 

i???????? receive and note the minutes of the Nambucca Emergency Operations Centre Committee held on 19 February 2013.

ii??????? note that Item 15 has been nominated by the Nambucca Emergency Operations Centre Committee as the top priority for funding consideration from the Asset Management Plan with the SES and RFS seeking a donation of white goods from an external supplier to assist with the kitchen upgrade.

iii?????? amend Item 15 in the Asset Management Plan to reflect the request for new bench tops and cupboards to the value of $5K and be included for Council?s consideration in the Nambucca Shire Council draft 2013/2014 budget.

 

 

OPTIONS:

 

1??????? Accept the recommendation.

 

2??????? Not accept the recommendation.

 

 

DISCUSSION:

 

The programmed meeting of the Nambucca Emergency Operations Centre Committee (NEOC) was held on Tuesday 19 February 2013. There was one agenda item being:

 

1????????? Update the Asset Management Plan (AMP)

 

The Asset Management Plan (AMP) provides a summary of all known current works identified for the site.? At the meeting held on the 19 February 2103 the Committee identified that Item 15 be nominated as the top priority with attention being given to bench tops and cupboards.? $5k be included in the Nambucca Shire Council budget. The AMP has been amended to reflect this change.

 

 

CONSULTATION:

 

Technical Officer ? Assets

Manager Assets

NSW Rural Fire Service

State Emergency Services

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Continuation of funding for upgrades to the Nambucca Emergency Operations Centre.

 

Source of fund and any variance to working funds

 

??????????? External funding through grants, SES and NSW RFS

??????????? Council allocation for capital improvements.

 

Attachments:

1View

5519/2013 - Minutes - Nambucca Emergency Operations Centre Committee - 19 February 2013

0 Pages

2View

?- Circularised Document - NEOC Asset Management Plan (TRIM SF992: 30752/2010)

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013

 

PRESENT

 

L Ison (NSW Rural Fire Service)?????????????????????????????????????????????? T Jarrett (NSW Rural Fire Service)

Cr B Morrison ???????????????????????????????????????????????????????????????????????? P King (NSW Rural Fire Service

P Gallagher (Nambucca Shire Council)????????????????????????????????????? P Baynes (Nambucca Shire Council)

P Shales (State Emergency Services)?????????????????????????????????????? P Hendriks (State Emergency Services)

M Stubbs (State Emergency Services)??????????????????????????????????????????????? L Cooper (State Emergency Services)

 

APOLOGIES

 

Cr J Ainsworth???????????????????????????????????????????????????????????????????????? R Monk (Nambucca Shire Council)

 

CONFIRMATION OF MINUTES

 

1/13 Resolved:? (Cooper\King)

 

That the Committee note the adoption of the Minutes of the Meeting held 20 November 2012.

 

 

?

Assistant General Manager Engineering Services Report

ITEM 5.1???? SF992??????????????? 190213???? Asset Management Plan Update February 2013

2/13 RESOLVED:? (Coooper\Ison)

 

That the amended Asset Management Plan (AMP) presented at the meeting on the 19 February 2013 be received and noted.

 

3/13 Resolved:? (Jarrett\Cooper)

 

1??????? That Item 15 be nominated as the top priority for funding by the Nambucca Emergency Operations Centre Committee with the SES and RFS seeking a donation of white goods from an external supplier.

 

2??????? That Item 15 be amended to reflect the request for new bench tops and cupboards to the value of $5K and be included for consideration in the Nambucca Shire Council draft 2013/2014 budget.

 

 

???

?

NEXT MEETING DATE

 

The next meeting will be held on 16 July 2013 commencing at 1.30pm

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 2.00pm.?

 

Paul Gallagher, Assistant General Manager Engineering Services

(CHAIRPERSON)


Ordinary Council Meeting - 13 March 2013

Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Nambucca Emergency Operations Centre Committee - Minutes - 19 February 2013

 

 

 

Circularised Document - NEOC Asset Management Plan (TRIM SF992: 30752/2010)

 

??Pages

 


Ordinary Council Meeting???????????????????????????????????????????????????????????????? 13 March 2013

Assistant General Manager Engineering Services Report

ITEM 11.4?? SF61??????????????? 130313??????? Professional lifeguard services report for the contract period 2012/2013

 

AUTHOR/ENQUIRIES:?? Paul Gallagher, Assistant General Manager - Engineering Services ????????

 

Summary:

 

The 2012/2013 Contract Report from Australian Lifeguard Service has been received by Council for the patrol areas of Nambucca Heads, Scotts Head and South Valla Beach.? A copy of the report is attached for Council?s information.

 

Under the provisions of Council?s 2012/13 Management Plan, the report is to be submitted to Council by 31 March annually, and will be reflected in the March Quarterly Performance review.

 

The report provides statistical information on each beach patrol area relating to the following functions:

 

????? Beach usage and rescue statistics;

????? First aid and preventative actions;

????? Ordinance control; and

????? Public relations.

 

This is the final year of the contract with Australian Lifeguard Service, and a tender will be called mid 2013.

 

 

Recommendation:

 

That Council receive and note the Season Report for 2012/2013 by Australian Lifeguard Service.

 

 

OPTIONS:

 

1??????? Note the report.

 

2??????? Consider extending life guard service through other holiday periods of spring, Easter and autumn school holidays.

 

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

 

 

DISCUSSION:

 

Nambucca Shire Council uses the Australian Lifeguard Service to provide lifeguard services for Valla Beach, Nambucca Heads and Scotts Head beaches over the Christmas Holidays. Specifically this organisation patrols the beaches between 9.30am and 3.30pm during the following periods:

 

????????? Valla Beach ??????????????????? 22 December 2012 - 29 January 2013

????????? Nambucca Heads??????????? 22 December 2012 - 29 January 2013

????????? Scotts Head ?????????????????? 22 December 2012 - 29 January 2013

 

Nambucca Heads and Scotts Head Surf Life Saving Clubs also provide valuable volunteer hours in addition to the contracted services.

 

Australian Lifeguard Service is required to provide a Contract Report at the end of the season and a copy of the 2012/2013 document is attached.? The report provides statistical information on each beach patrol area relating to the following functions:

 

????? Beach usage and rescue statistics;

????? First aid and preventative actions;

????? Ordinance control; and

????? Public relations.

 

The Nambucca Valley experienced very favourable weather conditions over the season?s service resulting in a significant increase in attendance during the December/January period at beaches when compared to the previous years:

 

2009/10?????? 30,977

2010/11?????? 23,931

2011/12?????? 32,499

2012/13?????? 39,979

 

As with previous statistics the busiest beach was Scotts Head, however there was also an increase at Nambucca and a decrease in attendance at Valla Beach.

 

Beach

2010/11

2011/12

2012/13

Scotts Head

14,987

16,562

23,109

Valla Beach

?5,582

? 9,548

? 7,697

Nambucca Heads

?2,482

? 6,389

? 9,173

 

23,931

32,499

39,979

 

During the contracted service there were 2 significant rescues (defined as Lifeguards rendering assistance to swimmers who find themselves in a difficult situation, but not immanent danger.

 

Beach

2010/11

2011/12

2012/13

Scotts Head

8

8

0

Valla Beach

7

0

1

Nambucca Heads

1

2

1

 

16

10

2

 

Note - ? The report attributes the decrease in significant rescues to calmer surf conditions and preventative action.

??????? - ? There were no additional contractual equipment requirements required for the 2012/13 season.

 

The extension of the service through the other holiday periods has been considered by Council each year on receipt of the season report, at which time Council has maintained the resolution to remain with the 5 week contract period commencing just before Christmas to the end of January between the hours of 9.30 am to 3.30 pm.

 

The draft 2013/14 budget has additional line items for consideration by Council to increase the service as follows:

 

????????? That Council consider providing Lifeguard Services in the Easter School Holiday period and extending the hours to 9.00am to 5.00pm.

 

 

CONSULTATION:

 

There was no consultation in preparing this report.

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental implications.

 

Social

 

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

 

Economic

 

The provision of safe beaches is important to holiday visitors.

 

Risk

 

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

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost for life guard services is provided in the 2012/13 budget The annual costs for the service has been progressively increasing over the term of the contract (as per the conditions of contract).

 

Provision for additional funding has been placed in the draft 2013/14 budget for the additional services and hours outside the Christmas period for Councils consideration.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget.

 

Service level changes and resourcing/staff implications

 

There are potential increases to service levels if Council elect to extend the hours of duration of this service.? There are no staff implications associated with this report.

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - Australian Lifeguard Season Report for 2012/2013 TRIM SF61: 5592/2013

0 Pages

??


Ordinary Council Meeting - 13 March 2013

Professional lifeguard services report for the contract period 2012/2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Professional lifeguard services report for the contract period 2012/2013

 

 

 

CIRCULARISED DOCUMENT - Australian Lifeguard Season Report for 2012/2013 TRIM SF61: 5592/2013

 

??Pages

 

? ?