NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 25 July 2013

 

LATE AGENDA                                                            Page

 

1        ASKING OF QUESTIONS WITH NOTICE

 

   

10      Assistant General Manager Corporate and Community Services Report

10.7   Review Of Local Approval Policies...................................... 2

11      Assistant General Manager Engineering Services Report

11.4   Request for donation of funds towards the transport of the Life Education Van to schools in the Nambucca Valley....... 44    

 

 

 

 

 

 

 

       


Ordinary Council Meeting                                                                    25 July 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.7   SF1031            250713        Review Of Local Approval Policies

 

AUTHOR/ENQUIRIES:    Peter Wilson, Assistant General Manager Corporate and Community Services; Paul Guy, Manager Applications and Compliance Services         

 

Summary:

 

Section 165 of the NSW Local Government Act 1993 requires that the Local Approvals and Local Orders Policies of the Council be automatically revoked at the expiration of 12 months after the declaration of the poll (14 September 2012) for a general election of the Council.

 

This report seeks to exhibit the three (3) reviewed Draft Local Approval Policies for public comment.  The policies have been updated to reflect amended legislation but otherwise remain substantially the same as the current policies. (Attached)

 

 

Recommendation:

 

1        That the Draft Local Approval Policy - Stormwater Drainage from Buildings, Structures and Disposal of Waste Water from Swimming and Spa Pools on large rural properties in excess of 20Ha in area, be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

2        That the Draft Local Approval Policy - Keeping of Animals, be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

3        That the Draft Local Approval Policy – Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations (2009/2010), be exhibited for 28 days and that Council receive comments for 42 days from the commencement of the advertising period (in accordance with Section 160 of the NSW Local Government Act).

 

4        That a further report be prepared for Council Meeting, to be held on 13 September 2013, to consider the adoption of the policies following the expiration date for the receipt of submissions, noting that the Director General’s consent must be received with respect to that part of the Local Approvals Policy (Part 1) that deals with exemptions from the need to obtain Council approval, prior to adoption by the Council.

 

 

OPTIONS:

 

No options as the policies will be automatically revoked on 14 September 2013.

 

 

DISCUSSION:

 

Section 68 of the NSW Local Government Act 1993 lists a number of activities that require approval. The purpose of the Local Approvals Policy is to specify the circumstances where council approval is not required before carrying out an activity as well outlining the criteria that will be considered in determining an application. It addresses activities such as busking, footpath dining, street stalls, street trading, etc.

 

The following Local Approvals Policies have been updated to reflect amended legislation but otherwise remain substantially the same as the current policies:

 

1        Draft Local Approvals Policy - Keeping of Animals (adopted 2 April 2009)

 

2        Draft Local Approvals Policy – Stormwater Drainage from Buildings, Structures and Disposal of Waste Water from Swimming and Spa Pools on large rural properties in excess of 20Ha in area (adopted 7 July 2011).

 

3        Draft Local Approval Policy – Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations (2009/2010) (adopted 17 September 2009 and amended 21 January 2010).

 

Local Orders Policy

 

Section 159 of NSW Local Government Act 1993 enables Councils to prepare a local orders policy to specify criteria that are to be considered when determining whether to issue an order under section124 of the NSW Local Government Act 1993, specifically to require that certain actions should be done or not done.

 

Orders can address a wide range of animal management, development compliance, safety and environmental protection matters and often address matters arising from complaints from members of the community which reside in various legislation, including the NSW Local Government Act, the Companion Animals Act, the Environmental Planning and Assessment Act, the Protection of the Environment Operations Act and the Swimming Pools Act.

 

The Acts are very specific in relation to the procedure for issuing notices of intent to issue an order and orders.  Accordingly a manual for issuing notices and orders was prepared in 2001 with the assistance of Councils legal representative (Deacons). Further departmental procedures have been developed over the course of time.

 

Whilst it is not a regulatory requirement to have a Local Orders Policy such a policy describes the means by which the Council strives to achieve an appropriate balance between regulatory and non-regulatory measures.

 

Council may consider instituting a Local Orders Policy which formally identifies the responsibilities of various stakeholders in protecting amenity and safety of the neighbourhood at a local level whilst at the same time, in a broader sense, the environmental qualities of the Shires area and also promotes consistency in the decision making by providing guidance to Council officers.

 

Local Approvals Policy

 

Over the last few years legislative changes have seen most of the activities previously listed under s.68 of the NSW Local Government Act 1993 transferred to the Environment Planning & Assessment Act (EP&A). Those matters that currently remain in the Act require definition to ensure consistency and fairness in the manner in which the Council deals with exemptions and applications for approval. The attached draft is substantially the same with changes only to reflect current legislation.

 

Section 162 of the NSW Local Government Act 1993 states that Council is not able to adopt that part of a draft Local Approvals Policy that specifies circumstances in which (if the policy were to be adopted) a person would be exempt from the necessity to obtain a particular approval of the Council, unless the Council has received the Director-General’s consent.

 

Accordingly, and prior to any report to the Council for adoption, a copy of Part 1 of the Local Approvals Policy will be forwarded to the Director-General for consideration and consent.

 

Copies of the draft Policies will be available during the exhibition period from Council offices and branch libraries. The documents will also be available on the website.

 

 


CONSULTATION:

 

Section 158 of the NSW Local Government Act 1993 outlines what the policy consists of:

 

(1)   A council may prepare a draft local approvals policy.

 

(2)   A draft local approvals policy is to consist of three parts.

 

(3)   Part 1 is to specify the circumstances (if any) in which (if the policy were to be adopted) a person would be exempt from the necessity to obtain a particular approval of the council.

 

(4)   Part 2 is to specify the criteria (if any) which (if the policy were to be adopted) the council must take into consideration in determining whether to give or refuse an approval of a particular kind.

 

(5)   Part 3 is to specify other matters relating to approvals.

 

Section 160 of the NSW Local Government Act 1993 stipulates that a draft local policy must be publicly

exhibited for a period of not less than 28 days. The public notice must also specify a period of not less than 42 days after the date on which the draft policy is placed on public exhibition during which time submissions may be made to the Council.

 

Section 162 of the NSW Local Government Act 1993 requires the consent of the Director General to that part of a draft Local Approvals Policy that specifies circumstances in which a person would be exempt from the necessity to obtain a particular approval of the Council. That consultation will occur prior to adoption by the Council.

 

The policies will be exhibited for 28 days from the 26 July to 23 August, with comments accepted for 42 days up to 6 September, 2013. A report will then be submitted to the Council Meeting on 13 September 2013 to adopt the policies.

 

 

SUSTAINABILITY ASSESSMENT:

 

The Policy promotes consistency in the decision making by providing guidance to Council officers.

 

Environment

 

The policies aim to affect a level of control that appeals to the majority of land owners without impacting on the environmental qualities of the Shire

 

Social

 

The Policies identify the responsibilities of various stakeholders in protecting amenity and safety of the neighbourhood at a local level and also promote consistency in the decision making, by providing guidance to Council officers

 

Economic

 

There are no economic impacts.

 

Risk

 

The draft policies improve the procedural transparency of the Council’s decision making processes.

 

 

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 financial implications.

 

Service level changes and resourcing/staff implications

 

There are no financial implications.

 

 

Attachments:

1View

21086/2011 - DEP - POLICY - Local Approvals Policy - Exemption to obtain Section 68 Approvals for stormwater drainage from buildings, structures & disposal of waste water from swimming & spa pools on large rural properties in excess

0 Pages

2View

17650/2013 - Draft Local Approval Policy Keeping of Animals July 2013

0 Pages

3View

11466/2009 - DEP - POLICY - Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables and Other Structures by Commercial Premises, and Community and Charitable Organisations

0 Pages

  


Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

LOCAL APPROVALS POLICY – EXEMPTION TO OBTAIN SECTION 68 APPROVALS UNDER THE LOCAL GOVERNMENT ACT 1993 FOR STORMWATER DRAINAGE FROM BUILDINGS, STRUCTURES AND DISPOSAL OF WASTE WATER FROM SWIMMING AND SPA POOLS ON LARGE RURAL PROPERTIES IN EXCESS OF 20HA IN AREA

 

 

 

Function:  Environment and Planning

 

 

Adopted: 20 May 2010

Last reviewed: 7 July 2011

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

 

The objectives of this policy are to:

 

a          specify the conditions whereby stormwater and waste water disposal from swimming & spa pools are exempt from obtaining an approval under section 68 of the Local Government Act for Exempt Developments, Complying Developments Certificates and Construction Certificates;

 

b          specify what assessment process is required to be undertaken and by whom to comply with this policy;

 

c          specify other legislation and guidelines that must be complied with as part of this policy;

 

d          outline circumstances when the policy may not apply;

 

e          identify documentation to be submitted to Principal Certifying Authority (PCA) to comply with the policy; and

 

f           provide a mechanism for response where non-compliance issues with the policy are detected.

 


2.0       Related legislation

 

            This policy is to apply for exempt and complying developments undertaken under Council’s Development Control Plan for Exempt and Complying Developments, State Codes (SEPP Exempt and Complying Developments Codes), Construction Certificates, under the EP&A Act 1979 and Regulations 2000, where the drainage and waste water disposal system have been approved as part of a development consent.

 

            Drainage pipes are installed and used in accordance with the manufacturer’s Specification and AS 3500 – 2003, Part 3.

 

 

3.0       Definitions

 

3.1       Large rural property – relates to property title sized 20ha or greater in area.

 

            On-site storage facility – includes the following structures; rainwater tanks, gutter storage facilities, landscape ponds, earth storage dams or reservoir created to contain and hold stormwater and swimming pool drainage water on a property.

 

4.0       Policy statement

 

4.1       This policy has been prepared to exempt the need to obtain an approval under Section 68 Part 5 of the Local Government Act 1993 to carry out stormwater drainage work associated with buildings, structures and waste water disposal systems associated with swimming and spa pools on large rural and rural-residential properties within the Shire.

 

5.0       Conditions that allow the exemption to be permitted

 

5.1       Roof water and rain water tank overflows:

 

i         buildings, structures located a minimum of 5m clear of any property boundary or right-of-carriageway;

 

ii        drainage pipes and disposal trenches to be a minimum of 5m off any boundary, right-of-carriageway or access road, with water to be dispersed so as to not create a nuisance to any neighbour’s property;

 

iii        all dispersion points of drainage water to the ground are to be protected against damage from mowers and other plant and equipment and provided with protection to prevent erosion to receiving natural drainage lines;

 

iv       pipe work is to direct drainage water a minimum of three (3) metres away from any building/structure’s footings and disperse water in a manner to avoid water ponding and creating breeding areas for mosquitoes and other insects;

 

v        all drainage water is to be disposed of to avoid discharge across any existing on-site sewerage management system disposal area. This includes any overflow pipes from an on-site storage facility;

 

vi       Complying Development and Construction Certificate drainage plans assessment and compliance to be undertaken by the Principal Certifying Authority;

 

vii       water containing chemicals is not to be discharged to natural water courses unless treated to neutralise the chemical content, this includes chlorinated pool water, when backwashing filters and emptying pools. Water is to be tested before discharged to land to ensure it contains no harmful chemicals. Results of tests are to be provided to the Principal Certifying Authority or retained by the property owner where works are deemed to be exempt;

 

viii      prior to issuing an Occupation Certificate a works as executed plan of all drainage lines and associated works is to be submitted to the Principal Certifying Authority;

 

ix       where buildings are constructed as exempt development, the stormwater drainage design and installation is to be undertaken by the principal contractor or the property owner to ensure compliance with sections 5.1-5.8 above.

 

5.2       Backwash waste water and water from swimming pools:

 

            i         pools and spas to be located a minimum of 5m clear of any property boundary or right of carriageway;

 

            ii        water containing chemicals is not to be discharged to surface drainage lines that will permit flows into natural waterways;

 

            iii        pool water must be treated to neutralise any chemical content prior to discharge into natural waterways;

 

            iv     when discharging of pool water is undertaken, the water is to drain slowly so that it soaks into the ground with minimal ponding and without running off the property or causing flooding issues;

 

            v        all regular backwash water is to be disposed of to a trench with a suitable filter bag or device on the entry to the trench;

 

            vi       surface drainage water from around pool area is to be disposed of to subsurface trench on site and not disposed of above ground.

 

6.0       History

 

The requirements to obtain approval to undertake stormwater drainage works are set out under Section 68 Part B of the Local Government Act 1993 with Council as the authorised authority.

 

The option to provide an exemption to the provisions of section 68 may be provided in a Local Approvals Policy adopted by Council.

 

The introduction of Exempt & Complying Developments and deregulation of the building construction approval process has created circumstances where Council is required to assess applications under Section 68 of the Local Government Act 1993 for stormwater drainage and to attend compliance inspections at sites where all other components of the building project are either exempt or being attended to by a private certifier.

 

It is considered the impacts of drainage works on larger rural properties will have minimum impact on neighbouring properties when undertaken in accordance with this policy.

 

The policy will reduce the demands on Council’s Building Surveyors to attend isolated rural sites to carry out drainage compliance inspections when works are under the control of a Private Certifier or are exempt development works.

 

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Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

Description: official_nsc_ logo_wmf_format

 
 

 

 

 

 


Nambucca Shire Council

 

 

 

 

 

Local Approvals Policy

 

Keeping of Animals

 

 

 

2013

 

 

 

 

 

Prepared by:

Environment and Planning Department

Date:   July 2013

Adopted by Council:  2 April 2009

 


Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

Table of Contents

 

Introduction. 1

Aims of this Policy. 1

Purpose of this Policy. 1

Scope of this Policy. 1

Definitions. 2

Prescriptive Requirements. 2

Council’s Powers to Control and Regulate the Keeping of Animals. 3

Giving of Orders by Council 3

Table 1: Requirements for Animal Keeping in Urban Areas. 4

Table 2: Requirements for Animal Keeping in Large Lot Residential Areas. 7

Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government (General) Regulation 2005) 10

Appendix 2 – Code of Practice for keeping of birds. 12

Appendix 3 – Code of Practice for the Keeping of Bees. 15

Appendix 4 – Dictionary of Important Terms. 17

 

 


Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

Introduction

 

The Nambucca Shire Council encourages the responsible keeping of animals, including, but not limited to, companion animals, therapeutic animals, pets, hobby farm animals, sustenance and food production animals. Most people who keep animals, as pets, or for the companionship they offer, will attest to the many benefits arising from such interactions. However, there are also negative situations that can occur when animals are kept in unhealthy or inappropriate conditions, or are kept in locations or circumstances which cause a nuisance to others.

 

This Policy serves to inform members of the communities within the Nambucca Shire as to their rights and responsibilities when keeping animals. This Policy outlines the legal requirements and responsibilities of animal owners, and also offers advice and guidance to ensure that the keeping of animals is conducted in the most healthy and harmonious manner possible.

 

Aims of this Policy

 

The aims of this Policy are to:

 

a          Clarify Council’s position on the keeping of animals in different land-use areas within the Nambucca Shire;

b          Outline Council’s responsibilities and expectations in regard to keeping animals in these areas; and,

c          Educate the owners and carers of animals as to their responsibilities, and to encourage them to act in the community interest.

 

Purpose of this Policy

 

The purpose of this Policy is to supplement provisions of the NSW Local Government Act 1993 and Regulations by specifying matters that Council must take into account when determining whether or not to issue an Order under Section 124 of that Act.

 

This Policy will allow Council Regulatory Officers and members of the public to ensure that the objectives of Schedule 2 Part 5 of the NSW Local Government (General) Regulation 2005 – Standards for Keeping Birds or Animals, are observed when taking these matters into consideration. This Schedule is attached to the end of this Plan as Appendix 1.

 

Scope of this Policy

 

This Policy applies to the keeping of animals for domestic purposes as companion pets or for hobby interests. However, the principles contained in the prescriptive requirements also apply to the keeping of animals for commercial purposes including breeding, boarding, grooming, caring, treatment, racing, exhibiting, trading or selling.

 

Where it is intended to keep animals for commercial purposes, advice should be sought from Council’s Planning Department as to whether a Development Application is required by Council in order to obtain planning consent. Consent to the operation of animal establishments may not be granted where Council considers that the proposal would be detrimental to the amenity of the locality.

 

This Policy addresses statutory and community-based obligations for animal management practices in different land use areas. The land-use areas referred to in this Policy are described in the Nambucca Shire Council’s Local Environment Plan 2010 (LEP) and shall include Urban Areas

(R1, 2, 3 & 4) or Residential/Village zones (RU5) and Large Lot Residential (Rural-Residential Areas) (R5) as well as Rural land abutting any of these previously mentioned zones/areas.

 

Guidelines or obligations for the keeping of animals in rural zones (RU1, 2 & 3) are not prescribed or controlled by this Local Approvals Policy.

 

Definitions

 

The definitions used in this Policy shall be read and incorporated in conjunction with:

 

·         Protection of the Environment Operations Act 1997;

·         NSW Local Government Act 1993;

·         NSW Local Government (General) Regulation 2005;

·         Environmental Planning and Assessment Act 1979; and

·         Nambucca Local Environmental Plan 2010;

 

Unless specified otherwise, the Act referred to in this Policy is the NSW Local Government Act 1993. A dictionary defining the most important terms used in this Policy is taken from the dictionary for that Act, listed as Appendix 3 of this document.

 

Prescriptive Requirements

 

The number of animals that may be kept at a premise is not to exceed the number shown as listed in the Table of Requirements included with this Policy.

 

In circumstances where an approval may be required, Council may not grant approval for increased animal numbers or changes to the identified minimum set back distance, however, Council may consider application for increased animal numbers or changes to the minimum setback distance where it can be demonstrated that such variation will have no potential or actual disturbances to health, environment, or neighbourhood amenity.

 

The type of animal that is suitable to be kept at any premises will be determined having regard to the size of the available yard area, the distance to the nearest dwelling or other prescribed building, and any animal management plan for collection and storage of waste, control of noise, pests and vermin. Certain statutory requirements apply as noted in the table.

 

It should not be assumed that animals of all types may be kept on premises which are part of a multiple dwelling allotment. Where a dwelling is owned within a Strata Plan or Community Title, it will be necessary for the rules of the Body Corporate to be examined for requirements relevant to the keeping of animals. In many cases private covenants may apply to land, whilst in some cases, restrictions may have been placed on the title of properties through development consent conditions restricting the type of animals which may be kept. A check of the land title will indicate the existence of such covenants.


 

All animals must be kept in a manner which does not:

 

·        Create unclean or unhealthy conditions for people or for the animals

·        Attract or provide a harbourage for vermin

·        Create offensive noise or odour

·        Cause a drainage nuisance or dust nuisance

·        Create waste disposal problems or pollution problems

·        Create an unreasonable annoyance to neighbouring residents or fear for safety

·        Cause nuisance due to proliferation of flies, lice, fleas or other insects

 

Suitable shelter should be provided for all animals. Certain types of animals are required to be kept in cages to prevent their escape or attack by predators. Generally, other animals are to be securely enclosed with adequate fencing to prevent escape. Animal shelters should not be erected or located at premises without first determining whether the prior approval of Council is required. To determine whether a proposed animal shelter complies with Council’s requirements, or requires approval, please refer to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, located on Council’s website at http://www.nambucca.nsw.gov.au.

 

Ferrets, cats, pigs and deer must not be released into the environment.

 

Council’s Powers to Control and Regulate the Keeping of Animals

 

Generally, Council’s powers to control and regulate the keeping of animals are provided under Section 124 of the NSW Local Government Act 1993 and the NSW Local Government (General) Regulation  2005, Schedule 2 Part 5.

 

Under Chapter 7, Part 2, Division 1, Section 124, Order 18 of the above Act, the Council may, in the appropriate circumstances, issue an Order to:

 

·        Prohibit the keeping of various kinds of animals;

·        Restrict the number of various kinds of animals to be kept at a premises; or

·        Require that animals be kept in a specified manner

 

The Council may also issue Orders requiring:

 

·        Demolition of animal shelters built without prior approval of the Council; or

·        The occupier to do or refrain from doing such things as are specified so as to ensure that land or premises are placed or kept in safe or healthy conditions

 

It is advised that Council can exercise further controls under the following Acts:

 

·        Impounding Act, 1993;

·        Food Act, 2003 (prohibits animals to be kept where food is handled for sale);

·        Companion Animals Act 1998;

·        Environmental Planning & Assessment Act 1979; and,

·        Protection of the Environment Operations Act 1997;


 

 

Giving of Orders by Council

 

Firstly, it must be established that the keeping of a particular animal within the zone or area is permitted under Nambucca Shire Council’s Local Environmental Plan. Secondly, where a problem is identified with keeping of animals and it cannot be resolved through consultation and mediation, the Council may proceed to issue notice of its intention to serve an Order. Normally a person will be given opportunity to make representation to Council prior to a formal Order being issued. In situations which Council believes constitute a serious risk to health or safety, an emergency Order to address or remove the risk may be issued without prior notice.

 

Table 1: Requirements for Animal Keeping in Urban Areas

 

URBAN AREAS (R1, 2, 3 & 4) (Including Villages RU5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Bees

-

-

Requirements for the keeping of bees in residential, urban or village areas are provided by the NSW DPI

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any property boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture [Appendix 2]

Cats

2

(and kittens to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act, 1998

 

This Act requires cats to be:

a     microchipped by 6 months of age, and

b     to be registered with the Council

 

Cats must not be released into the environment.

Dogs (excluding greyhounds)

2

(and pups to 6 months)

_

The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals. These regulations are to be read in conjunction with the Companion Animals Act, 1998

 

This Act requires dogs to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Council

Ferrets

2

Cages to be 9m from dwellings

and

900mm from any property boundary

The keeping of ferrets is not recommended in urban areas. However, where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.

 

Ferrets must not be released into the environment.

Greyhounds

Prohibited in urban areas

 

The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals.

Horses and cattle

0

_

The keeping of horses and cattle on properties of less than 5,000m2 in a residential, urban or village area, is not considered appropriate.

Pigs

0

_

 

The keeping of pigs is prohibited in residential, urban or village areas.

 

Pigs must not be released into the environment.

 

 

URBAN AREAS (R1, 2, 3 & 4) (Including Villages RU5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Pigeons

50  (members of recognised aviculture society)

 

15 (non-members)

Coops to be 9m from dwellings

and

900mm from any property boundary

Free lofting [defined as the uncontrolled release of pigeons] is prohibited in residential, urban or village areas.

Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise.

Training of young birds to be conducted in a manner to avoid nuisance.

Poultry (domestic), guinea fowl and bantams

 

 

 

 

 

Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10

(and chicks until fully fledged)

 

 

 

 

5

(and chicks until fully fledged)

 

4.5m

from dwellings

and

1 metre from any property boundary

 

 

 

30m from dwellings

and

1 metre from any property boundary

 

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case.

 

The keeping of roosters in residential, urban or village areas is prohibited

 

Poultry yards must be enclosed to prevent escape of poultry.

 

The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

Rabbits

2

(same gender)

Cages to be 900mm from any property boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s).

 

Do not release into environment.

 

The rabbit is a declared noxious animal under the Rural Lands Protection Act 1989. However two domestic breed same gender pet rabbits, securely housed, are permitted per residential allotment.

 

NOTE: Restriction on numbers is imposed by the NSW Primary Industries - Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

 

URBAN AREAS (R1, 2, 3 & 4) (Including Villages RU5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures and/or property boundaries)

Applicable Regulations and Other Advisory Matters

Other rodents (rats, mice and guinea pigs)

Appropriate to location, species and breed

Appropriate distance to avoid nuisance and/or health hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment

Reptiles and amphibians

As appropriate to circumstances

As appropriate to circumstances.

All species must be adequately housed to prevent escape.

The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats

1 of either

9m from dwellings

Billy goats or rams should not be kept on a residential property in a residential, urban or village area.

 

 

 


Table 2: Requirements for Animal Keeping in Large Lot Residential Areas

 

LARGE LOT RESIDENTIAL (Rural-Residential) AREAS (R5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Bees

-

-

Requirements for the keeping of bees in large lot residential areas are provided by the NSW DPI 

Birds including canaries, budgerigars, quails, finches and parrots

Depending on breed of bird and location

Aviaries to be 900mm from any property boundary

All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture [Appendix 2]

Cats

2

(and kittens to 6 months)

_

These regulations are to be read in conjunction with the Companion Animals Act 1998

 

This Act requires cats to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Council

 

Cats must not be released into the environment.

Dogs (excluding greyhounds)

2

(and pups to 6 months)

_

The exclusion of greyhounds does not apply to greyhounds which are registered as companion animals.
These regulations are to be read in conjunction with the Companion Animals Act 1998

 

This Act requires dogs to be:

a     microchipped by 6 months of age, and,

b     to be registered with the Council

Ferrets

5

Cages to be 9m from dwellings

and

900mm from any property boundary

Where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.


Ferrets must not be released into the environment.

Greyhounds

 

2

Kennels to be 15m from adjoining dwellings

and

900mm from any property boundary

Individual greyhounds to be housed in separate kennels. Kennels to be secure and lockable

 

Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)

[See Greyhound and Harness Racing Regulatory Authority Guidelines for the Greyhound Industry]

 

Muzzles must be fitted to each greyhound when in public and no more than 2 greyhounds to be walked by one individual

 

LARGE LOT RESIDENTIAL (Rural-Residential) AREAS (R5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Horses and cattle

1 per 0.5 ha

9m from dwellings

and

1m from any property boundary

Must be securely fenced

Pigs

1

60 m from any dwelling or property boundary

DT&I guidelines suggest that large lot-residential properties under 1.5 ha in area are not suitable for the keeping of pigs


Pigs must not be released into the environment.

Pigeons

150 (members of recognised aviculture society)

 

50 (non-members)

Coops to be 9m from dwellings

and

1m from any property boundary

Free lofting [defined as the uncontrolled release of pigeons] is prohibited in large lot residential areas.

 

Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise.

 

Training of young birds to be conducted in a manner to avoid nuisance.

Poultry (domestic), guinea fowl and bantams

 

 

 

 

 

 

Poultry other than fowls, including geese, turkeys peafowl and other pheasants

10

(and chicks until fully fledged)

 

 

 

 

 

5

(and chicks until fully fledged)

 

 

4.5m

from dwellings

and

1m from any property boundary

 

 

 

30m from dwellings

and

1m from any property boundary

 

Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5m in a particular case.

 

The keeping of roosters in large lot residential areas is not recommended. Noise issues relating to roosters will result in the removal of offending bird

 

Poultry yards must be enclosed to prevent escape of poultry.

 

The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed within 3m of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

LARGE LOT RESIDENTIAL (Rural-Residential) AREAS (R5)

Type of Animal

Maximum Number

Minimum Distance (from habitable structures & property boundaries)

Applicable Regulations and Other Advisory Matters

Rabbits

2

(same gender)

Cages to be 900mm from any property boundary

Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s).

 

Do not release into environment.

 

The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989.  However, two domestic breed same gender pet rabbits, securely housed, are permitted per rural-residential allotment.

 

Note:

Restriction on numbers is imposed by the NSW Department Primary Industries - Agriculture under the Rural Lands Protection Act, 1989.

 

For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.

Other rodents (rats, mice and guinea pigs)

Appropriate to location, species and breed

Appropriate distance to avoid nuisance and/or health hazard.

Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment

Reptiles and amphibians

As appropriate to circumstances

As appropriate to circumstances.

All species must be adequately housed to prevent escape.

 

The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles.

 

Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases

Sheep and goats

1 of either per 0.5 ha of land

9m from dwellings

 

Enclosure must be securely fenced to avoid escape


Appendix 1

Standards for the Keeping of Birds and Animals

(Extract from NSW Local Government (General) Regulation 2005)

 

Schedule 2

Part 5        Standards for keeping birds or animals

 

Division 1  Keeping of swine

 

17     Swine not to pollute

 

1       Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used, or likely to be used):

         a       by a person for drinking or domestic purposes, or

         b       in a dairy.

2       Swine’s dung must not be deposited in such a place or manner as to pollute any water referred to in subclause (1).

 

18     Swine not to be kept near certain premises

 

1       Without limiting clause 1, swine must not be kept (and swine’s dung must not be deposited) within 60m (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

2       A greater distance determined under this clause applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

 

Division 2  Keeping of poultry

 

19     Poultry not to be nuisance or health risk:

 

1       Poultry must not be kept under such conditions as to create a nuisance or to be dangerous or injurious to health.

2       Poultry yards must at all times be kept clean and free from offensive odours.

 

20     Poultry not to be kept near certain premises

 

1       Fowls (that is, birds of the species Gallus gallus) or guinea fowls must not be kept within 4.5m (or such greater distance as the council may determine in a particular case) of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

2       Poultry (other than fowls referred to in subclause (1)) must not be kept within 30m of any building referred to in subclause (1).

3       The floors of poultry houses must be paved with concrete or mineral asphalt underneath the roosts or perches. However, this subclause does not apply to poultry houses:

         a       that are not within 15.2m of a dwelling, public hall or school, or

         b       that are situated on clean sand.

4       Poultry yards must be so enclosed as to prevent the escape of poultry.

5       The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

 

Division 3  Keeping of horses and cattle

 

21     Horses and cattle not to be kept near certain premises:

 

1       Horses and cattle must not be kept within 9m (or such greater distance as the council may determine in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

2       The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

3       Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.

4       The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.


Appendix 2 – Code of Practice for keeping of birds

 

This Code is designed for everyone involved in keeping, breeding, showing and trading birds (other than domestic poultry).

 

By adhering to the code, people involved in this industry demonstrate to the general community their concern for birds in their care. The code is neither a complete manual of aviculture husbandry nor a static document. It may be revised to take account of advances in the understanding of bird physiology and behaviour, technological changes, changing industry standards, and the community’s attitudes and expectations about the welfare of birds.

 

Compliance with the code does not remove the need to abide by the requirements of any other laws and regulations, such as local government or National Parks and Wildlife Service legislation. The code has been prepared by the Associated Birdkeepers of Australia (ABA), representing a large proportion of those in aviculture. It is not intended to apply to those premises licensed or approved under the Exhibited Animals Protection Act or by the Zoological Parks Board.

 

1.0       INTRODUCTION

 

1.1       This code recognises the following principles:

 

a        a primary concern for the welfare of birds.

b        a realisation of the need for conservation.

c        a concern for others in aviculture.

d        compliance with legislative requirement.

 

1.2       The importance of care and competence in the handing and keeping of birds cannot be over-emphasised. Appropriate expert advice and guidance should be sought whenever needed.

 

1.3       This code cannot replace the need for common sense and experience.

 

2.0       GENERAL REQUIREMENTS

 

2.1       The basic needs of aviary birds are:

 

            a        ready access to proper and sufficient food and water adequate to maintain health and vigour.

            b        freedom of movement and ability to exercise or fly appropriate to the species.

            c        accommodation which provides protection and which neither harms nor causes distress.

            d        fresh air and exposure to suitable light.

            e        protection from predators, toxic substances and diseases.

            f         rapid identification and competent treatment of any injury, vice or disease.

 

3.0       FOOD & WATER

 

3.1       Adequate food suitable for the needs of the particular species of birds should be readily available. Most species of birds should have access to food at all times.

 

3.2       Clean, cool water should be available at all times.

 

It is totally unacceptable for birds to die from lack of food or water.

4.0       ACCOMMODATION

 

4.1       Each species should be accommodated according to its need, including:

 

            a        protection from extremes of climate.

            b        safety from predators.

            c        ability to escape from, or to avoid distress caused by other birds animals, and humans.

            d        protection of food and water containers from contamination or firm rain or direct sunlight.

            e        sufficient space, perches, nesting areas and/or feed and water station to meet the needs of all the birds in the cage or aviary.

            f         nesting sites and materials appropriate for the species for breeding purposes where intended.

 

5.0       HEALTH & HYGIENE

 

5.1       Good animal husbandry, as for any animal species, is essential for the welfare of birds.

 

5.2       Newly acquired birds should be quarantined for a suitable time for treatment / observation before release into aviaries or cages.

 

5.3       Birds show ill health or stress in a great variety of ways, but careful observation may be needed as sick birds are able to suppress some signs when stimulated.

 

5.4       Sick or injured birds should be isolated to facilitate observation and treatment and to prevent further damage and / or to restrict the spread of infection.

 

5.5       Cages and aviaries should be cleaned regularly; the floor and food and water containers in holding cages should be kept clean.

5.6       Birds should be inspected regularly, preferably daily, to ensure that adequate feed and water is available, to check on their state of health, and to identify and promptly remedy any problem that may develop. New, sick or young birds should be inspected more frequently.

 

5.7       Where treatment to restore health or to repair injury is not possible or is not successful, euthanasia should be performed by a competent person and in an appropriate and humane manner. Veterinary advice should be sought.

 

6.0       PROCEDURES

 

6.1       Catching

 

Aviary birds usually causes them distress and some species are particularly susceptible. Birds should be caught by the least stressful method available and subjected to minimal handling.

 

6.2       Restraint

 

Special care and knowledge is necessary in holding or restraining birds, and the most appropriate method should be used for each species.

 

6.3       Wings

 

Pinioning of wings is an unacceptable practice and is defined as an act of cruelty. The clipping of wing feathers of small birds or nervous species is also unacceptable.

 

6.4       Rings

 

The application of rings for identification purposes requires careful selection of the appropriate ring and its application. Some species, especially adult birds, should not be ringed because of the risk of self-mutilation. Special care is needed should a ring require removal. for example, to attend to a leg injury.

 

6.5       Beak Trimming

 

Overgrown beaks should be carefully trimmed. Unless due to curable disease or a nutritional problem, birds with overgrown beaks should not be used for breeding.

 

6.6       Toe Trimming

 

Excessively long nails should be trimmed without drawing blood, but toes should not be cut with the intent of preventing nail growth. Overgrown nails may be indicative of inadequate conditions, particularly in small cages.

 

7.0       PARASITE CONTROL

7.1       Worm control is necessary with most aviary birds.

7.2       Water or feed medication may be indicated in some circumstances, but is least efficient.

7.3       Individual dosing should be performed by competent operators.

7.4       Chemicals, eg insecticides, should be selected and used carefully and in accordance with pesticide laws. For example, pest strips are ineffective except in enclosed areas.

 

8.0       BIRDS ON DISPLAY

 

8.1       Show and Exhibitions

Show and Exhibitions should be conducted over as short a period as possible and not more than 72 hours. Public access should be controlled. Birds exhibiting signs of distress, injury or disease must be removed from the display area for appropriate attention or treatment. Birds on display must be under competent supervision at all times. Food and water must be available and birds accommodated in accordance with this code. Cage sizes must be not less than the show standards for the particular species.

 

8.2       Markets and Auctions

 

These are stressful to birds and must be conducted over as short a period as possible and not more than 12 hours. Otherwise conditions as in 9.1 apply.

 

This code has been endorsed by:

·           The NSW Animal Welfare Advisory Council

·           The NSW National Parks and Wildlife Service

·           NSW Department of Industry and Investment, Primary industries - Agriculture

·           Pet Industry Joint Advisory Council Canary & Cage Bird Federation of Australia Inc


 

 

 

NAMBUCCA SHIRE COUNCIL

APPROVALS POLICY

 

 

 

Function:  Environment and Planning

 

 

Adopted:  17 September 2009

Last reviewed:  21 January 2010

20 October 2010  

 

 

 

USE OF ROAD RESERVES AND PUBLIC LAND FOR A-FRAME SIGNS, OUTDOOR DINING AREAS, TRADING TABLES, STREET VENDING AND OTHER STRUCTURES BY COMMERCIAL PREMISES, AND COMMUNITY AND CHARITABLE ORGANISATIONS

(2009/2010)

 

 

 

 

Prepared by:

Department of Environment & Planning

                                  May 2009

 

Adopted by Council:             17 September 2009

Effective from: 1 November 2009

Amendment No 1:           21 January 2010

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

 

 

 

Our Mission Statement

 

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

 

 


Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

TABLE OF CONTENTS

 

 

1.0     INTRODUCTION                                                                                                         1

1.1     Purpose of Policy........................................................................................ 1

1.2     Disability Discrimination Act.................................................................. 1

1.3     Application of Policy................................................................................. 1

1.4     Objectives of Policy................................................................................... 2

1.5     Transitional Provisions............................................................................ 2

1.6     Definitions.................................................................................................... 3

2.0     A-FRAME SIGNS                                                                                                          3

2.1     Statutory Framework............................................................................... 3

2.2     Controls........................................................................................................ 3

2.3     Approvals...................................................................................................... 3

3.0     COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES                                                                                                          4

3.1     Statutory Framework............................................................................... 4

3.2     Controls........................................................................................................ 5

3.2.1     Outdoor Dining Areas                                                                           5

3.2.2     Trading Tables and Other Structures                                                   6

3.3     Approvals...................................................................................................... 7

3.4     Application Process.................................................................................... 7

3.4.1     Development Application                                                                      7

3.4.2      Licence/Lease                                                                                        8

4.0     STREET VENDING                                                                                                      8

4.1     Application of this section........................................................................ 8

4.2     Statutory Framework............................................................................... 9

4.2.1     Roads Act 1993                                                                                      9

4.2.2      Local Government Act 1993                                                                  9

4.3     Controls........................................................................................................ 9

4.4     Approvals.................................................................................................... 10

5.0     COMMUNITY ORGANISATIONS AND CHARITIES                                           10

5.1     Controls...................................................................................................... 10

5.2     Approvals.................................................................................................... 11

6.0     CRAZY DAY SALES                                                                                                   11

6.1     Statutory Framework............................................................................. 11

6.2     Controls...................................................................................................... 11

6.3     Approvals.................................................................................................... 12

7.0     AMENDMENTS                                                                                                          12

7.1     Amendment No 1......................................................................................... 12

ACKNOWLEDGEMENTS                                                                                                    14

 

 


Ordinary Council Meeting - 25 July 2013

Review Of Local Approval Policies

 

1.0      INTRODUCTION

1.1       Purpose of Policy

 

This Approvals Policy has been prepared to provide guidance on the use of road reserves and public land within Nambucca Shire Council.

 

The Policy covers the commercial use of public footpaths and public land for, A-frame signs, outdoor dining areas, street vending (excluding mobile vans and hawkers), crazy day sales, trading tables and other structures used in conjunction with a business premises. ‘Other structures’ includes, but is not limited to; clothes racks; stands for other merchandise; promotional stands; street stalls; bargain bins; and, the like.

 

This Policy also applies to the use of public areas by charities and community groups for street stalls, selling of raffle tickets and the like.

 

This Policy excludes special events on Council controlled Parks and Open Space such as fairs, fetes, carnivals, Australia Day celebrations and the like. This Policy also excludes similar activities and events on roads. These types of activities on community land and roads are covered by other separate approvals procedures.

 

1.2       Disability Discrimination Act

 

The Disability Discrimination Act is a federal law which can be used to address discrimination in many areas of public life. The Act makes it illegal for anyone to treat a person with a disability unfairly. People who are relatives, friends and carers of people with a disability are also protected by the Act.

 

The Act aims to remove barriers in the physical environment and in the attitudes and practices of people and organisations that limit people with disabilities from participating in everyday life. The Act can be used to obtain fair treatment in many areas of life including gaining or using services such as those provided by government (including local government) and gaining access to public places.

 

Section 23 of the Act relates to the provision of access to premises. A person with a disability has a right to have access to places used by the public and the Act makes it illegal for public places to be inaccessible to people with a disability. These places that are used by the public include (among other things) public footpaths and walkways. Non compliance with the Act is only permitted where it can be demonstrated that compliance with the Act would result in ‘unjustifiable hardship’.

 

The Act also allows service providers such as Council to prepare Disability Action Plans. The purpose of these Plans is to assist service providers in eliminating discrimination in the goods and services they provide and thereby achieving the objectives of the Act.

 

Council adopted a Disability Action Plan on 5 February 2004. One of the strategies of Council’s Plan is ‘to ensure that Council has a footpath policy which considers the needs of people with disabilities’. This Policy serves to address this matter. It is important that those persons or businesses affected by this Policy are aware that the Disability Discrimination Act exists and that they also have an obligation to people with disabilities.

 

1.3       Application of Policy

 

This Policy applies to all land within the Nambucca Local Government Area where it is proposed to:

 

§  Place on the road reserve or public land A-frame signs, trading tables or other structures associated with or ancillary to an approved business in any un-zoned or zoned land under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

§  Establish outdoor dining areas associated with an approved café, restaurant, or the like, on the road reserve or public land.

 

§  Operate a permanent commercial street vending activity (other than street stalls and the like, operated by community organisations and charities) on the road reserve or on adjoining land zoned 2(v) Residential (Village), 3(a) General Business, 4(a) General Industrial or 4(b) Industrial (Business) zones under the Nambucca Local Environmental Plan or equivalent zonings in any subsequent Local Environmental Plan. Street vending does not apply to hawkers and mobile vans not operating in a permanent location.

 

§  Operate street stalls or the like by community organisations and charities in the Macksville, Nambucca Heads and Bowraville central business areas.

 

§  Operate a ‘crazy day sale’ on the road reserve adjoining land zoned 3(a) General Business zone and in the Bowraville 2(v) Village Zone, under the Nambucca Local Environmental Plan 1995 or equivalent zoning in any subsequent Local Environmental Plan; and

 

It should be noted that a reference to the road reserve includes the public footpath and public nature strip.

 

This Policy does not apply to other ‘one off’ activities and special events on community land and roads.

 

This Policy does not apply to street furniture, bus shelters and the like, constructed by or on behalf of Council.

 

 

1.4       Objectives of Policy

 

§  To regulate the use of the road reserve and public land for A-frame signs, outdoor dining areas, street vending, trading tables and other structures.

 

§  To provide guidance for the location of A-frame signs, outdoor dining areas, street vending, trading tables and other structures, on public land and the road reserve.

 

§  To ensure a clear and safe footpath area is maintained for pedestrians, including access for people with a disability.

 

§  To maintain streetscape amenity and minimise visual clutter.

 

 

1.5       Transitional Provisions

 

Prior to the adoption of this Policy by Council, Council’s Environment and Community Services Policy No 7 – Footpath Signage, Trading and Café Tables and Chairs (adopted June 1996 and reviewed November 2001) applied to many of the activities covered by this Policy.

 

There are currently 38 business premises with various approvals for: A-Frame signs; tables and chairs; trading tables; and, display racks. All such approvals were granted annually under Section 68 of the Local Government Act (LG Act) 1993. However, upon renewal of each registration, business operators were advised in terms of the following:

 

‘Council has resolved to review the current policy for articles and items on footpaths (signage boards, sale tables and restaurant seating). Subsequent renewals will reflect any changes in Council’s policy.’

 

Upon adoption of this Policy, any new proposals for A-frame signs, outdoor dining areas, street vending, trading tables and other structures are required to comply with the new approvals process.

 

Subject to payment of the annual fee, all business premises that have approval under the previous registration system shall be allowed to retain their approved structures on the footpath until 30 September 2011. This concession only applies to the current owners/operators and will cease to apply if the business changes hands and/or the type of business changes.

 

After the transitional period (30 September 2011) all structures shall be removed from the footpath unless development consent has been obtained from Council beforehand. The development application is required to comply with the provisions of this Policy, including a formal agreement for the exclusive use of outdoor dining areas, for which a market value rental payment is made to Council.

 

 

1.6       Definitions

 

Crazy Day Sale – for the purpose of this Policy a crazy day sale is considered to be a sale held on one particular day for no more than four days in one calendar year where trading tables, clothing racks and the like (in addition to those which exist and are licensed under this Policy) are placed on the public footpath and usually display discounted goods. The crazy day sale may or may not be held in conjunction with a general promotion of the town or a particular time of the year (eg Christmas).

 

Public Land – as defined in the Local Government Act 1993, meaning any land (including a public reserve) vested in or under the control of the council.

 

Refreshment Room – as defined in the Nambucca Local Environmental Plan 1995 meaning a restaurant, café, tea room, eating house or the like.

 

Restaurant – where it is used in relation to the Roads Act 1993 means a premises in which food is regularly supplied on sale to the public for consumption on the premises.

 

Street Vending Consent – means a consent under Part 9 Division 3 of the Roads Act 1993 that is subject to a condition referred to in Section 139A of the same Act.

 

 

2.0      A-FRAME SIGNS

 

2.1       Statutory Framework

 

A-frame signs or other similar signs are not exempt or complying development under Council’s Development Control Plan (DCP) No 10 – Exempt and Complying Development (March 2008). As such, a Development Application is required to be submitted for any proposed sign intended to be located on a public footpath. Applicants are required to obtain approval from Council (as the owner of the land) to lodge the development application.

 

All Development Applications will be considered in accordance with Section 79C of the Environmental Planning and Assessment Act.

 

A Section 68 approval is also required under the Local Government 1993. To ensure there is no duplication in the approvals process, any development application approved for an A-frame sign or similar sign, will be regarded as approval under Section 68 of the LG Act.

 

 

2.2       Controls

 

The following controls apply to the placement of an A-frame or similar signs within the road reserve where it is associated with or ancillary to an approved business in any zone under the Nambucca Local Environmental Plan 1995 or equivalent zonings in any subsequent Local Environmental Plan:

 

§   Only one sign is permitted per business;

 

§   The maximum size of the advertising area is 900mm x 600mm;

 

§   Signs must be located within one (1) metre of the shop front (unless due to specific circumstances, it is required to be sited elsewhere)..

 

 

2.3       Approvals

 

§  All A-frame or similar signs are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

§  The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of the sign with details of the dimensions and location.

 

§  For the purposes of this Policy, any development approval for signs will be regarded as approval under Section 68(3) of the Local Government Act.

 

§  The owner is responsible for ensuring that the sign has approval and has been licensed by Council and that this is renewed on an annual basis and the annual fee is paid prior to the lapsing of the licence.

 

§  A ‘registration disc’ will be issued by Council once the development approval for the sign and the annual fee has been paid. The disc must be attached to the sign

 

§  For A-frame or similar signs, Council’s registration year is from 1 October to 30 September. Fees paid between 1 October and 31 March will be as indicated on the application form. Fees paid between 1 April and 31 July will be 50% of those indicated on the application form (for a 6 month licence). Fees paid and approvals granted, between 1 August and 30 September will carry over to the following registration year. It should be noted that these annual fees are in addition to the development application fees.

 

 

3.0    COMMERCIAL OUTDOOR DINING AREAS, TRADING TABLES AND OTHER STRUCTURES

 

3.1       Statutory Framework

 

The Roads Act 1993 is the legislation that enables Council to approve the use of footways for restaurant purposes. In this regard Section 125 states:

 

1        A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a road that is vested in fee simple in the council) to use part of the footway for the purpose of a restaurant.

 

2        An approval may be granted on such conditions (including conditions as to payment in the nature of rent) as the council determines.

 

The Roads Act 1993 is also the legislation that enables Council to approve the erection of structures on a public road. In this regard Section 138 states:

 

2        A person must not:

 

                   a        erect a structure or carry out work in, on or over a public road,

 

                   otherwise than with the consent of the appropriate roads authority.

 

Council is the ‘appropriate roads authority’ for all local roads.

 

Public roads, including footpaths, are not generally zoned under Nambucca Local Environmental Plan (NLEP) 1995. Clause 9A of NLEP 1995 states:

 

          1        A person must not carry out development on unzoned land without the consent of the consent authority.

 

          2        The consent authority may grant consent required by Subclause (1) only for development that may be carried out with or without the consent of the consent authority on land immediately adjoining that unzoned land that is within a zone identified on the map.

 

Outdoor dining areas, trading tables and other structures on footpaths are not exempt or complying development under Council’s Development Control Plan (DCP) No 10 – Exempt and Complying Development (March 2008). As such, a Development Application is required to be submitted for any proposed outdoor dining area, trading table and/or other structure on a public footpath. Applicants are required to obtain approval from Council (as the owner of the land) to lodge the development application.

 

All Development Applications will be considered in accordance with Section 79C of the Environmental Planning and Assessment Act.

 

A Section 68 approval is also required under the Local Government 1993. To ensure there is no duplication in the approvals process, any development application approved for an outdoor dining area, trading table or other structure, will be regarded as approval under Section 68 of the LG Act.

 

 

3.2       Controls

 

3.2.1     Outdoor Dining Areas

 

The following controls apply where it is proposed to establish an outdoor dining area on the road reserve (ie public footpath) or public land (community) but only where that outdoor dining area will be in association with or, ancillary to an approved food premises, refreshment room, café, restaurant or the like.

 

a        Location

 

§  All furniture associated with the outdoor dining area is to be contained within the approved area. It is the responsibility of the business operator to ensure that the outdoor dining area is confined to the approved area (including any physical barriers, umbrella, canopies, pot plants etc).

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  Outdoor dining areas may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

§  For outdoor dining areas located on the kerb side, the area must be located a minimum of 600 mm from the roadside kerb where parallel parking exists. In areas where angle parking exists, the outdoor eating area must be located a minimum of 750mm from the roadside kerb.

 

§  The outdoor dining area shall not restrict access to public facilities such as bins and seating.

 

b       Furniture

 

§  The layout of the furniture is to be suitable for the space in which it is proposed to be placed.

 

§  It is preferable that chairs not be placed with their backs to the road.

 

§  The furniture (ie tables, chairs and umbrellas) shall be powder coated or polished aluminium; powder coated, brushed or stainless steel; natural or painted timber or canvas. In terms of public safety and contribution to streetscape, furniture constructed solely of plastic, resin and other lightweight materials will not be permitted.

 

§  Surfaces of tabletops shall be non-reflective.

 

§  Umbrellas must have mechanisms to ensure that they are at all times securely fixed to withstand wind and they must be removed or closed in extremely windy conditions.

 

§  The underside of umbrellas must be a minimum 2200 mm above the ground level and the umbrellas must be a minimum height overall of 2400 mm. Umbrellas must not protrude over the roadway.

 

§  Any physical barriers, planter boxes or other means used as delineators are permitted and must be kept within the approved outdoor dining area.

 

§  Outdoor advertising on the furniture or any physical barriers or within the outdoor dining area is only permitted in accordance with Council’s Development Control Plans (DCP 2 - Advertising Sign Code and/or DCP 10 - Exempt and Complying Development.

 

c        Management Issues

 

§  All outdoor furniture and/or physical barriers associated with the outdoor dining area are to be stored off the pedestrian footpath/public area outside the hours of operation of the business premises.

 

§  All furniture, plantings etc are to be maintained in a physically safe and sound and aesthetically acceptable condition to Council’s satisfaction.

 

§  The business operating the outdoor dining area is to be responsible for all waste collection from the designated area. The public waste bins are not to be used for the disposal of waste from the business.

 

§  The business operating the outdoor dining area is responsible for the cleaning of the outdoor dining area. Cleaning of the outdoor dining area is not to involve the sweeping of waste into the gutter or the adjacent public footpath.

 

§  Sub-letting will not be permitted under any circumstance.

 

§  Where lighting of the outdoor dining area is required, the lighting is to be provided to Council’s satisfaction.

 

§  All outdoor dining areas shall be smoke free environments.

 

§  Council will allow cafés or restaurants to seek a variation of Alcohol Free Zones to permit the consumption of alcohol in designated outdoor dining areas, only where approval is granted under a formal lease agreement which requires a market value payment for the exclusive use of such area.

 

 

3.2.2     Trading Tables and Other Structures

 

The following controls apply to the placement of trading tables and other structures such as clothes racks, stands for other merchandise, promotional stands, street stalls, bargain bins and the like on the road reserve in association with or, ancillary to an approved business in any zone under the Nambucca Local Environmental Plan 1995 or in any subsequent Local Environmental Plan.

 

§  A maximum of one trading table or other structure is permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained at all times (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  Trading table or other structure may be located immediately outside the business premises (along the building line) providing it can be demonstrated that pedestrian access (including wheelchair access and access for people with impaired vision) is not unreasonably impeded.

 

§  The location of the trading table or other structure must not obstruct the operation of public amenities (such as bus stops, taxi ranks, pram/wheelchair ramps, pedestrian crossings, parking spaces, etc).

 

§  The business operating the trading table or other structure is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The trading table or other structure must only be placed on the public footpath during the hours of operation of the business that it relates to. The trading table and other structures must be stored off the public footpath outside the hours of operation.

 

 

3.3       Approvals

 

§  All items associated with outdoor dining areas, trading tables and other structures are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

§  The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of the dining area, trading table or other structure with details of the dimensions and location.

 

§  For the purposes of this Policy, any development approval for dining areas, trading tables or other structures will be regarded as approval under Section 68(3) of the Local Government Act.

 

§  The owner is responsible for ensuring that the outdoor dining area is approved and the lease agreement is current and the annual “rental” is paid to Council in accordance with the lease agreement.

 

§  A ‘registration disc’ will be issued by Council once the lease agreement for the outdoor dining area has been executed. The disc must be attached to the dining table.

 

§  The owner is responsible for ensuring that the trading table and/or other structures has approval and has been licensed by Council and that this is renewed on an annual basis and the annual fee is paid prior to the lapsing of the licence.

 

§  A ‘registration disc’ will be issued by Council once the development approval for the trading table or other structure and the annual fee has been paid. The disc must be attached to the trading table and/or other structure.

 

§  Rental payments for outdoor dining areas shall be in accordance with the lease agreement.

 

§  For trading tables and other structures, Council’s registration year is from 1 October to 30 September. Fees paid between 1 October and 31 March will be as indicated on the application form. Fees paid between 1 April and 31 July will be 50% of those indicated on the application form (for a 6 month licence). Fees paid and approvals granted, between 1 August and 30 September will carry over to the following registration year. It should be noted that these annual fees are in addition to the development application fees.

 

 

3.4       Application Process

 

3.4.1     Development Application

 

As previously stated a Development Application is required to be submitted for the proposed use of road reserves and public land for A-frame signs, outdoor dining areas, street stalls, trading tables and other structures. The consent of Council will be required as the land owner.

 

Council must take into consideration those matters listed under Section 79C of the Environmental Planning and Assessment Act 1979, which includes the relevant planning instruments, and relevant Council Development Control Plans and Policies.

 

Council has a guide sheet that will assist applicants with preparing a Development Application. Further details have been included in this Policy regarding information that is to be submitted with a Development Application. In general, this is to include the following items:

 

§  A dimensioned plan showing the location of all structures. This plan is to be drawn to scale.

 

§  Details of the method to be used to secure any signs and delineate the outdoor dining area, trading tables and other structures.

 

§  Details/description of the type of tables, chairs, stands, umbrellas, physical barriers, planter boxs, etc, to be used. In some cases, a photo of the type of furniture may be the best way to show this.

 

Modification of Development Consent

 

It should be noted that any proposal to enlarge, expand or intensify the outdoor dining area will require a modification to any Development Consent for approved structures.

 

This requirement applies to any existing outdoor dining areas that are allowed to remain in accordance with the transitional provisions described in section 1.5 of this Policy. In these cases, a Development Application will be required to be submitted.

 

Section 68 Approval

 

For the purposes of this Policy, any development approval for signs, dining areas, trading tables or other structures will be regarded as approval under Section 68(3) Part E2 of the Local Government Act.

 

Roads Act Approval

 

For the purposes of this Policy, any development approval for dining areas on local roads (footpaths) will be regarded as approval under Section 125 (a) of the Roads Act 1993.

 

It should be noted that where the ‘footway restaurant’ is to be on a classified road, the concurrence of the Roads and Traffic Authority is required.

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be incorporated in the development consent approval. After the five (5) year period, a new development application will need to be lodged for Council’s determination.

 

 

3.4.2     Licence/Lease

 

§  A licence is required to be obtained from Council for signs, trading tables and other structures. The licence will attract an annual fee determined by Council.

 

§  A lease agreement is required for the exclusive use of the outdoor dining areas on public land. A standard lease agreement will be prepared and reviewed annually by Council’s Solicitor. The lease agreement will specify that the proposed outdoor dining area is in accordance with the Development Consent issued by Council. All costs associated with the preparation of the lease agreement will be paid by Council and recouped from ‘rental’ payments.

 

§  The licence fee for signs, trading tables and other structures and the ‘rental’ for outdoor dining areas on Council owned/controlled land shall be based on ‘fair market value’. Determination of ‘fair market value’ will be undertaken by a Council appointed valuer and reviewed every five years, or as otherwise determined by Council. Fee and rental increases in between those five year periods are to be in accordance with the Consumer Price Index, or as otherwise determined by Council.

 

§  The business owner is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

§  All documentation regarding the licence/lease is to be kept on the business premises at all times.

 

 

4.0      STREET VENDING

 

4.1       Application of this section

 

This Section of the Policy only applies to proposals to establish a permanent street vending operation on public land and road reserves (which includes footpaths) within a commercial area. Other street vending operations such as mobile vans and hawkers are dealt with under a different approval process in accordance with Section 68 of the LG Act.

 

4.2       Statutory Framework

 

4.2.1     Roads Act 1993

 

Under Section 138 of the Roads Act 1993, certain works and structures cannot be erected and/or undertaken without the consent of the appropriate roads authority (being either Council or the Roads and Traffic Authority). The general terms of the consent are determined by Section 139 of the Roads Act. Section 139A of the Roads Act allows the road authority to issue a consent which imposes conditions permitting the use of a structure within the road reserve for the purpose of selling any article or service and requiring the payment of rent (thereby permitting street vending). Consents under the Roads Act for street vending are referred to as ‘street vending consents’ and these can only be issued for maximum period or 7 years (S139A(2)).

 

The Roads Act (s139F) also specifies that when considering whether to grant consent to a street vending activity it must comply with the ‘Guidelines for the Control and Operation of Street Vending’ (1993) issued jointly by the Roads and Traffic Authority and the Department of Local Government. These Guidelines define street vending as:

 

The setting up or use within the road reserve of any box, stall, stand, barrow or stationary vehicle, other than a ‘roadside stall’ or ‘mobile vending vehicle’ defined hereunder, for the purpose of offering for sale any goods, or for the pursuit of any business, calling or employment’.

 

The Guidelines state that examples of street vending include:

 

§  Sale of fruits and vegetables from barrows on a footpath.

§  Sale of newspapers from a stand on a footpath.

§  Sale of goods from a box, stall or stand located on a footpath.

§  Sale of any goods from a stall, stand or stationary vehicle located in a kerbside lane or on the side of a road.

 

The Roads Act requires that structures associated with the street vending must be maintained and if the structure affects the surface of the road (including the footpath) then the road surface must be maintained so as to allow a smooth passage of traffic.

 

4.2.2     Local Government Act 1993

 

A Section 68 approval under the Local Government is required for street vending within the road reserve. An approval under the Local Government Act can be granted for a maximum of 5 years (s103) but this can be extended after the 5 years (s107).

 

The Roads Act and the Local Government Act specify that their approvals lapse after 7 and 5 years respectively. As these approvals would lapse at different times under their respective legislation, approvals under these Acts will lapse after 5 years. This allows for both of these approvals to be obtained at the same time.

 

 

4.3       Controls

 

The following controls apply to the operation of commercial street vending activities on the road reserve and public land in the Nambucca Shire.

 

§  Street vending activities are to be assessed on a merits basis and may consider other controls listed in this Policy where they provide a suitable guideline;

 

§  In addition to the merits based assessment, Council will consider the relevant aspects of ‘Guidelines for the Control and Operation of Street Vending’ (1993).

 

§  A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  The operator is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

 

4.4       Approvals

 

§  All items associated with street vending activity are required to be approved in accordance with Part 4 of the Environmental Planning and Assessment Act 1979.

 

§  The development application will be required to be submitted with supporting information. This information may include a photo and a sketch of all items associated with the proposed street vending activity including the “vehicle” to be used, with details of the dimensions and location.

 

§  In addition to the above approvals, all street vending activities are required to be licensed. The licensing of the activity will occur in conjunction with the approval of the street vending activity under the Local Government Act and the Roads Act (ie on an annual basis).

 

§  For the purposes of this Policy, any development approval for a street vending activity will be regarded as approval under Section 68(3) of the Local Government Act and Section 139 and 139A of the Roads Act.

 

§  The fees for licensing of the street vending activities are to be set out in Council’s Revenue Policy. It should be noted that these annual fees are in addition to the development application fees.

 

§  The owner is responsible for ensuring that the street vending activity has approval and has been licenced by Council and that this is renewed on an annual basis. These street vending activities are regularly inspected by Council staff to ensure compliance.

 

§  A ‘registration disc’ will be issued by Council once development approval and the Local Government Act and Roads Act approvals and the licence is issued for the street vending activities. Council’s registration disc must be attached to the street vending ‘vehicle’.

 

The owner of the street vending operation is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

 

5.0      COMMUNITY ORGANISATIONS AND CHARITIES

 

5.1       Controls

 

Street stalls conducted by community organisations and charities are allowed to continue to operate in their current locations during the same time periods, providing each organisation has its own Public Liability Insurance Cover, and a copy of the Certificate of Currency is submitted to the Chamber of Commerce at the time of each booking.

 

The following controls apply to the placement of a street stall and the like on the road reserve by a community or charitable organisation in the Macksville, Nambucca Heads and Bowraville central business areas.

 

§  A minimum of 1800mm unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained). The street stall and the like may operate from the shopfront side of the footpath providing it can be demonstrated that pedestrian access is not unreasonably impeded.

 

§  The street stall or the like is to be located in accordance with the areas approved by Council in accordance with Section 68 of the Local Government Act and Section 139 and 139A of the Roads Act.

 

§  The operator of the street stall or the like is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The street stall or the like shall be ‘manned’ at all times and may only be operated during hours that are generally consistent with the standard business hours within that town centre.

 

§  The street stalls and the like shall be removed from the footpath or public place when not in use.

 

 

5.2       Approvals

 

§  The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to identify the preferred site for street stalls and submit the details for Council approval.

 

§  The Chamber of Commerce and Industry for each town will take bookings and maintain a calendar for street stalls operated by community organisations and charities.  

 

§  Approval shall be granted by Council in accordance with Section 103(1) of the Local Government Act and Section 139D(1) of the Roads Act for a maximum five year period (or lesser period if Council determines) and this approval may be renewed after this time, in accordance with Section 107 of the Local Government Act and Section 139D(2) of the Roads Act.

 

§  In accordance with Section 78 of the Local Government Act, land owner’s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

The community/charitable organisation operating the street stall or other similar activity is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. Requirements for insurance may change, depending on advice from Council’s Insurance Broker.

 

 

6.0      CRAZY DAY SALES

 

6.1       Statutory Framework

 

A Section 68 approval under the Local Government Act is required to operate a crazy day sale where it is proposed to place trading tables or other structures within the road reserve in accordance with the guidelines outlined in this Policy.

 

Any other activity (eg street vending) that is proposed as part of the crazy day sale and is covered by this Policy, must also obtain approval as required by this Policy.

 

 

6.2       Controls

 

The following controls apply to crazy day sales where it is proposed to place trading tables, clothing racks or the like within the road reserve ancillary to an approved business in the 3(a) General Business zone under the Nambucca Local Environmental Plan 1995 or equivalent zonings in any subsequent Local Environmental Plan.

 

§  A minimum of 1800mm width of unimpeded pedestrian footpath is to be maintained (except River Street, Macksville where a minimum 1200mm must be maintained).

 

§  In areas where there is parallel parking, the trading table must be located 600mm from the kerb. In areas where there is angle parking, the trading table must be located 750mm from the kerb. No signs are permitted along the front property boundary of the approved business.

 

§  A maximum of two trading tables or the like are permitted for any one business with a maximum size of 2000mm long x 600mm wide.

 

§  The trading table is to be located in front of the business that the trading table relates to.

 

§  The business operating the trading table is responsible for ensuring that the area is maintained in a clean and tidy manner.

 

§  The table must only be placed on the public footpath during the hours of operation of the business that it relates to and only on the day of the crazy day sale. The table must be stored off the public footpath outside the hours of operation.

 

§  If street vending is proposed, then approvals are to be obtained as required by this Policy as part of the approval for the crazy day sale.

 

 

6.3       Approvals

 

§  The Chamber of Commerce and Industry for each of the respective towns where this Policy applies (ie Macksville, Bowraville and Nambucca Heads) are to apply for the necessary approvals for the particular crazy day sale. Where the Chamber of Commerce and Industry have selected the dates for the crazy day sales for any one calendar year, they may apply for approval for those particular days in the one application.

 

§  Approval granted to the particular Chamber of Commerce shall be in accordance with Section 103(1) of the Local Government Act for that particular day or those particular days within the calendar year.

 

§  In accordance with Section 78 of the Local Government Act, land owner’s consent is required to be submitted with the application form in order to obtain an approval under the Local Government Act. In most cases, Council will be the owner of the land.

 

§  The Chamber of Commerce and Industry are responsible for ensuring that the sales are operated in accordance with the conditions set out in the approval.

 

§  The Chamber of Commerce and Industry is responsible for obtaining Public Liability Insurance of not less than $10 million. Nambucca Shire Council is to be noted as an interested party on the Insurance Policy. A Certificate of Currency must be submitted to Council annually. Requirements for insurance may change on an annual basis depending on advice from Council’s Insurance Broker.

 

 

7.0      AMENDMENTS

 

7.1       Amendment No 1

 

Council at its General Purpose Committee meeting on 20 January 2010 considered a report dealing the valuation for structures that require approval under this Policy. Council when dealing with the report was advised in terms of the following:

 

‘There are several street vending activities, comprising mobile vans and hawkers. However, there are no permanent street vending operations, such as vegetable barrows, newspaper stands, etc, using Council’s footpaths.

 

The adopted Policy now requires a development application for street vending activities. However, it was intended that the need for a DA should only apply to street vending structures on Council’s footpaths in a commercial area. Street vending operations such as mobile vans and hawkers are dealt with under a different approval process in accordance with Section 68 of the LG Act. This may need to be clarified under the adopted Policy. It is considered that the current fees and charges that apply to mobile vans and hawkers are appropriate. However, the fees and charges for any proposed street vending structures on Council’s footpaths should be the same as the proposed charges for trading tables and other structures in a commercial area.’

 

Council at its meeting on 21 January 2010 resolved, inter alia, to adopt the following recommendation:

 

That Section 4.0 of the adopted Policy be amended to clarify that ‘Street Vending’ only applies to the exclusive use of an area in a permanent location on Council’s footpath in a commercial centre.

 

Section 4.0 has been amended accordingly.

 

 

 

ACKNOWLEDGEMENTS

 

 

The following documents were used in the preparation of this Policy:

 

·          Environmental Planning and Assessment Act, 1979

 

·          Guidelines for the Control and Operation of Street Vending 1993 – Roads and Traffic Authority and Department of Local Government

 

·          Leasing of Roads, Footpaths, Public Areas for Restaurants and Cafes (1987) – Hastings Council

 

·          Local Government Act 1993

 

·          Nambucca Local Environmental Plan 1995

 

·          Outdoor Dining and Footway Licensing Policy Guidelines (2002) – Coffs Harbour City Council

 

·          Policy No 7 – Footpath Signage, Trading and Café Tables and Chairs (1996 and reviewed in 2001) – Nambucca Shire Council

 

·          Roads Act 1993

 

·          Street Vending Control and Outdoor Eating Areas (2000) – Armidale Dumaresq Council

 


Ordinary Council Meeting                                                                    25 July 2013

Assistant General Manager Engineering Services Report

ITEM 11.4   SF718              250713        Request for donation of funds towards the transport of the Life Education Van to schools in the Nambucca Valley

 

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

 

Summary:

 

During the budget workshops and deliberation on presenting a balanced budget, a number of programs were not able to be funded by Council in 2013/14 or alternatively the budget votes were reduced. Council resolved to remove the allocation of $3,500.00 from the 2013/14 budget for the transport of the Life Education Van.

 

Council has had a long affiliation with the Life Education Van since the program’s inception into Mid North Coast schools. Council participates in the program by allocating funds to facilitate the collection of the van from an adjoining Shire and relocating to various schools within the Nambucca Valley.

 

Life Education have requested Council’s reconsideration to fund the transport for this financial year as the imminent program is set to commence on 5 August 2013 leaving little time for alternative arrangements and sourcing of funds.

 

 

Recommendation:

 

1        That Council provide an allocation of $2,800.00 from Council working funds towards the transport of the Life Education Van across the Nambucca Valley Schools for the 2013/14 program.

 

2        That Council advise Life Education that an annual application is now required to be submitted in accordance with Council’s donations policy for consideration of funding for the transport of the Life Education Van.

 

 

OPTIONS:

 

·          Adopt the recommendation to provide funding this financial year from working funds or the donation policy.

 

·          Not accede to the request and resolve not to provide funding towards the movement of the van.

 

 

DISCUSSION:

 

Life Education has requested Council’s reconsideration to fund the transport of the Life Education Van for this financial year. This request is worthy of consideration by Council due to the timing associated with the adoption of the Council budget, the recent adoption of the new donations policy and procedures, and the imminent program for the Life Education Van set to commence on 5 August 2013 which has left little time for alternative arrangements and sourcing of funds by Life Education.

 

There has been a general perception of Council’s continued involvement with the transport of the Life Education Van across the Nambucca Valley and an annual allocation subsequently has been included within past budgets. This perception has led to correspondence being directly forwarded to the Workshop Foreman who is responsible for the movement of the van across the Valley, and Life Education not being made aware of the changes within Council’s policy and procedures.

 

During the budget workshops and deliberation on presenting a balanced budget, a number of programs were not able to be funded by Council in 2013/14 or alternatively the budget votes were reduced. Council resolved to remove the allocation of $3500.00 from the 2013/14 budget for the transport of the Life Education Van.

 

Council on 12 June 2013 approved donations for 2013/14 in accordance with its new Donations Policy and allocated $1000 towards the Life Education NSW parent subsidy program. It should be noted that while the donations vote was increased by 50% from $10,000 to $15,000 it does not provide sufficient funding to be able to fund all the requests received.

 

The 2012/13 a budget contained an allocation of $3,100 with actual expenditure as of 30 June 2013 being $2,628.47. It would be remiss if Council considered this request in isolation as there is an application seeking a donation of $2,330.30 before Council for the waiving of DA fees within this Council meeting agenda. If Council resolved to support the application for the waiving of the DA fees, a balance of $2,640.00 for the remainder of the 2013/14 financial year will be available. Therefore Council may wish to consider funding the transport of the van from working funds.

 

Life Education is the largest non-government provider of drug and health education to children and young people in Australia and has been operating since 1979.  In excess of 4 million students have participated in their program over the past 32 years.

 

Life Education New South Wales is a community-based, independent organisation at the front line of positive and preventative drug and health education. Approximately 350,000 children and 30,000 families take part in the preschool, primary and secondary programs each year. Helping young people make informed decisions about drugs and their health is at the heart of the program.

 

Life Education Australia is a company limited by guarantee. It has an independent Board. It owns and continues to develop the Life Education program. Its members include its affiliated State/Territory members – Life Education New South Wales, Life Education Victoria, Life Education Queensland, Life Education South Australia, Life Education Western Australia and Life Education Northern Territory. The program is implemented across Australia by these affiliated member organisations, which have the exclusive right as well as the obligation to implement the program in their respective jurisdictions consistent with guidelines specified by Life Education Australia.

 

 

CONSULTATION:

 

Life Education

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications associated with this report.

 

Social

 

There are social issues associated with this report. There are 10 age specific modules which make up the primary school program, each with defined educational outcomes that align with the curriculum frameworks for each State and Territory.

 

The program recognises the importance of intervening early in life and promoting in children a strong and sustainable appreciation of the importance of positive health behaviours. The focus of work in the early primary school years is on body knowledge, personal safety and healthy behaviours such as a balanced diet and regular exercise

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are potential risk issues associated with this report from adverse media coverage if Council elect to remove itself from the program and the van discontinues its program within the schools.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2012/13 a budget contained an allocation of $3,100 with actual expenditure as of 30 June 2013 being $2,628.47

 

There will be a direct impact of $2,800 on the current 2013/14 budget associated with this report should Council elect to adopt the recommendation.

 

On 12 June 2013 Council approved donations for 2013/14 in accordance with its new Donations Policy and allocated $1,000 towards the Life Education NSW parent subsidy program. It should be noted that while the donations vote was increased by 50% from $10,000 to $15,000 it does not provide sufficient funding to be able to fund all the requests received.

 

There is an application seeking a donation of $2,330.30 before Council for the waiving of DA fees within this agenda which, if Council resolve to support the application, will leave a balance of $2,640.00 for the remainder of the 2013/14 financial year.

 

Source of fund and any variance to working funds

 

A variation to working funds to the value of $2,800 will be required should Council elect to adopt the recommendation.

 

Service level changes and resourcing/staff implications

 

The removal of the allocation at the time of the budget deliberation resulted in a decrease in the level of service provided by Council. The level of service will remain unchanged in the event that Council elect to adopt the recommendation within this report.

 

There is no staff or resourcing implications associated with this report as the workshop staff will transport the van as per past practice.

 

Attachments:

1View

14733/2013 - 2013 Life Education van moving schedule for Upper Mid North Coast Region for Term 3 2013

0 Pages

  


Ordinary Council Meeting - 25 July 2013

Request for donation of funds towards the transport of the Life Education Van to schools in the Nambucca Valley