NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

11 September 2013

 

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

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

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

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Meeting Agenda

 

These are available Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 11 September 2013

 

Acknowledgement of Country????????? ? (Mayor)

 

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

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 29 August 2013

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

6??????? PUBLIC FORUM and DELEGATIONS

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

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports...................................................................................... 6

9.2???? Nambucca Island Golf Club - Request for a New 15 Year Lease........................................ 11

9.3???? Nambucca Valley Landcare and Mid North Coast Farm Foresters - Request for Accommodation 15

9.4???? VPR Developments - Stage 5 - Proposed Continuation of Caveat to Allow Settlement of Developer Contributions.................................................................................................................. 20

9.5???? Christmas Holidays Closure - 2013-2014.......................................................................... 25

9.6???? Vegetation Mapping Project ........................................................................................... 28

9.7???? Grant Application Status Report ..................................................................................... 33

9.8???? Project Administration Contribution Plan August 2013 - Final............................................. 35

9.9???? Upper Warrell Creek Road Contributions Plan? - Final........................................................ 51

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

10.1?? Request For Donation From Rotary Club Of Macksville.................................................... 81

10.2?? Integrated Planning & Reporting ? Delivery Program 2012-2016 Progress Report To 30 June 2013 ..................................................................................................................................... 83

10.3?? Adoption Of Local Approvals Policies .......................................................................... 131

10.4?? Application For Special Rate Variation 2014/15............................................................... 174

10.5?? Organisation Structure ? Establishment Of Customer & Business Services Unit (CBSU).............. 182

10.6?? Minutes of the Access Committee meeting held 25 June 2013......................................... 202

10.7?? Minutes of the Access Committee meeting held 23 July 2013.......................................... 205

10.8?? Minutes of the Access Committee meeting held 27 August 2013..................................... 210

10.9?? Review of Investment Funds Policy and Strategy........................................................... 215

10.10? Investment Report To 30 July 2013................................................................................ 246

10.11? Applications and Statistical Reports 2012-2013 - July 2013............................................. 251

10.12? Outstanding DA's greater than 12 months, applications where submissions received not determined to 19-30 August 2013........................................................................................................ 253

10.13? Schedule of Council Public Meetings............................................................................. 256

10.14? South Arm Hall Committee of Management - Minutes of Annual General Meeting - 5 August 2012.................................................................................................................................... 257

10.15? Eungai District Community Council - Committee of Management AGM - 20 August 2013.. 260

10.16? Nambucca District Historical Society Committee of Management - Minutes of Annual General Meeting -??? 2013............................................................................................................................. 266


 

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

11.1?? Stormwater Drainage - 8 Creek Street Nambucca Heads................................................. 269

11.2?? Nambucca District Water Supply ? Adaptive Management Strategy Monitoring And Workshop??? 272 ???

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

12.1?? Valla Quarry - Compliance with Consent Conditions - Proposed Application to Modify Consent to Permit Increased Output

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

12.2?? Outcome of Nambucca Heads Skate Park Mediation

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

??

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

 

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

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

???? TO CLOSE

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

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

13????? MEETING CLOSED TO THE PUBLIC

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

 

 

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

Pecuniary ? must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary ? Significant Conflict ? Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary ? Less Significant Conflict ? Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary ? An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary ? A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.? The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.? You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

?         It may be appropriate that no action is taken where the potential for conflict is minimal.? However, council officials should consider providing an explanation of why they consider a conflict does not exist.

?         Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).? Care needs to be taken when exercising this option.

?         Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

?         Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

??????? ?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager

ITEM 9.1????? SF959????????????? 110913???????? Outstanding Actions and Reports

 

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

 

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

GM

Brief to be prepared and new floodplain study to be undertaken during 2011.

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

DEP advised meeting arranged with RTA.

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

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

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

 

Part funding for a Flood Risk Management Plan which would consider filling is included in the 2013/14 Environmental Levy program.? A grant has been applied for, if unsuccessful will not proceed until next year.

 

JULY 2011

2

SF1031

21/7/2011

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

 

GM

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

 

Awaiting finalisation of Nambucca River Flood Studies which are presently on exhibition, will report to Committee then Council once adopted then proceed with amending the climate change policy and report to Council.

 

Council staff to report on carbon emissions for Council activities to a meeting in September 2013.

 


 

OCTOBER 2011

3

SF1460

17/11/2011

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

 

AGMCCS

Change in Rates staff meant that there has not been the opportunity to review the criteria.? To be reported in 2013/2014.

 

Once Finance Structure resolved this matter should progress.

 

OCTOBER 2012

4

DA2012/069

25/10/2012

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

MBD/

G&CO

Investigations underway

Discussed at meeting on 18 March 2013.? Agreed that Boral and APS would prepare a traffic study.

Study completed & a copy was provided to Council on 31 July.? Meeting to be arranged with RMS and Trade & Investment preparatory to APS lodging an application to modify the consent to increase output from 90,000 tonnes p.a. to 200,000 tonnes p.a.

 

MARCH 2013

 

5

SF1031

28/3/2013

That there be a review in 6 months time of the policy on rainwater tank rebates to determine whether or not there should be an increase in funding.

 

AGMES

Report due October 2013

 

6

RF284

28/3/2013

Council write to the Minister for Transport to expedite the upgrade and replacement of load limited railway bridges (overpasses) on Browns Crossing Road

 

AGMES

Letter written w/e 5/4/2013

Verbal advice has been provided to Council that a Ministerial request for information was forwarded to the Rail Authority seeking information on the bridges.

Further letter sent 31/7/13

 

Staff investigating whether letters have been sent.

 

 

APRIL 2013

 

7

SF601

10/4/2013

Council request RMS to urgently prepare for On and Off ramps for the Pacific Highway in the vicinity in North Macksville as to facilitate a discussion

 

GM

Letter sent to RMS on 12 April 2013

Mayor and Ms Janine Reed attended Community Cabinet meeting in Taree on 20 May 2013 in relation to this.

 

Meeting with rms 30 May 2013.? Issue discussed.? Rms are preparing a concept with indicative costing and will supply to Council.

 

Suggested indicative costing is $10M.

 

Concept plan not received as at 7 August 2013.? Follow up letter sent.

 

 


 

JULY 2013

8

SF251

10/7/2013

A delegation comprising the Mayor, interested Councillors, a rep of the three Chambers of Commerce and a victim of crime seek an urgent meeting with the Minister for Police and the Hon. Andrew Stoner MP.? Also stat dec forms be distributed and a media release be issued.

 

GM

Request sent to Andrew Stoner?s office on 12/7/2013.? Media release issued on 12/7/2013.? Stat. dec. forms circulated.

9

SF453

10/7/2013

Councillors be notified of the next scheduled meeting of the Coffs Coast Waste Service and Council follow up Bellingen Shire Council.

 

GM

Waste Management Officer to advise Councillors of next meeting.? Follow up letter sent to Bellingen Shire Council on 19/7/2013

10

RF275

25/7/2013

Council request that RMS consider providing Natural Disaster Funding for the provision of a bicycle/walking/horse riding trail in lieu of reinstating the Bowraville to Bellingen Road.

 

GM

Letter sent 1 August 2013.

11

SF1031

25/7/2013

There be a further report to Council on 11 September to consider the adoption of Local Approval Policies.

 

AGMCCS

Report to meeting on 11 September 2013.

AUGUST 2013

12

SF1817

14/08/2013

That the Waste Management Officer report to Council on alternate arrangements for providing a bulk waste collection service.

 

AGMES

Will be combined with the waste management quarterly report in October 2013.

 

On target for October.

13

SF593

14/08/2013

That there be a report to Council and an on-site inspection of 8 Creek Street, Nambucca Heads in relation to the reported drainage problems.

 

AGMES

Report and inspection on 11 September 2013.

14

SF29

14/08/2013

That Council receive a report on how its resolution about seeking independent legal advice about any future council alliances and then tracking net asset movements will be captured/used in Council?s procurement policy/processes.? The report is to also provide information on the Destination 2036 Working Party report on local government alliances.

 

AGMCCS

Report in September 2013.

15

LF6107

14/08/2013

There be a report to Council on the circumstances relating to the construction of a shed and other improvements on the Alpha Street road reservation.

 

GM

Report in October 2013.

16

SF1031

14/08/2013

Council write to the RFS asking them what their proposed service level for the future will be and from that what their accommodation arrangements are likely to be (at NEOC).

 

AGMES

Letter sent 16 August 2013

17

SF1031

14/08/2013

That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely ?Tree Removal (SF629) containing the 6D principles.

 

 

AGMES

Report in September 2013.

Deferred to October 2013.

18

PV4/2013

14/08/2013

That an appointment to the position of AGM Development, Environment and Community Services be deferred pending a further report to Council on the management of this section.

 

GM

Report to meeting on 11 September 2013.

 

Deferred to 26 September 2013.

19

SF1817

29/08/2013

Wilson Road from 200m west of Coronation Road to 400m west of Spaldings Road.? Council request the RMS to reconsider the 90kph speed zone at either end of the ?s? bends on Wilson Road.

 

And Further?..

Council write to the RMS requesting reinstatement of the 60kph zone on Rodeo Drive travelling east from Bowraville after the Valla Road turnoff? where the ?s? bends are.

 

AGMES

 

20

 

29/08/2013

Council write to the RFS seeking confirmation that training for volunteers will continue at the same level at NEOC & ask if there is going to be any reduction in training opportunities at brigade sheds.? Further, that Council seek advice on what will the RFS? future requirements be for NEOC.

 

AGMES

 

21

SF1620

29/08/2013

IP&R Progress Report ? that this be deferred to 11 September to provide Councillors with the opportunity to submit comments or questions.

 

AGMCCS

 

22

SF1431

29/08/2013

There be a further report to Council on valla quarry ? compliance with consent conditions ? providing advice on actual amount excavated; definition of a year; conversion factors; the conditions of development consent.

 

GM

Report to meeting on 11 September

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.2????? SF1437??????????? 110913???????? Nambucca Island Golf Club - Request for a New 15 Year Lease

 

AUTHOR/ENQUIRIES:??? Michael Coulter, General Manager; Wayne Lowe, Manager Business Development ????????

 

Summary:

 

The Nambucca Heads Island Golf Club has written to Council as Trustee of the Crown Reserve (Trust No. 77566) seeking a new lease of the golf course land.? The existing lease has 4 years to run but the Club wishes to invest $258,000 in improving the course and also has concerns about the potential for a change in ownership.? So as to be able to secure finance at reasonable terms, the Club wishes to negotiate a new lease with Council and Crown Lands.

 

 

Recommendation:

 

1??????? That Council as Trustee of the Crown Reserve (Trust No. 77566) endorse negotiations with the Nambucca Heads Island Golf Club with the objective of extinguishing the existing lease and entering into a new 15 year lease.

 

2????????? That the final lease be presented to Council for endorsement.

 

3??????? That Crown Lands be advised of Council?s intention.

 

 

OPTIONS:

 

Council could advise the Golf Club that it does not wish to endorse a new lease and allow the existing lease to continue until its expiration on 30 June 2017.

 

DISCUSSION:

 

On 29 January this year, the Nambucca Heads Island Golf Club wrote to Council as Trustee of the Crown Reserve (Trust No. 77566) seeking an extension of the term of their current lease.? They have an existing 20 year lease which has 4 years remaining.? A copy of the letter from the Golf Club is attached.

 

The reasons for requesting a new lease seem twofold.

 

Firstly the Club is seeking to invest in major improvements to the golf course as detailed in their 2010 ? 2020 Master Plan.? The anticipated cost of the improvements is $258,000 and comprises bridge upgrades, bunker remodelling, installation of drainage, cart paths as well as landscaping.? As indicated in the Club?s letter the proposed works require an increase in borrowings and refinancing, with financial institutions requiring a guarantee of tenure for a minimum period of 10 years.

 

Secondly the Crown Land comprising the golf course has been the subject of discussions on a long running Native Title claim.? The Club advises that as lessee they had not been notified that the leased land on which the golf course is located may be subject to a native title claim.? Whether justified or not, the uncertainty of a potential change in tenure or trusteeship has caused the Club to act to secure its immediate future by seeking a new lease from Council as trustee.

 

Following receipt of the letter from the Club, Council?s Manager Business Development contacted Crown Lands who advised that if the Golf Club wishes to enter into a new lease to improve its public facilities and are willing to accept the terms set out in the draft lease provided by Crown Lands and their request is supported by Council as Trustee, then a new lease can be sent to the Minister for approval.

 

CONSULTATION:

 

Council?s Manager Business Development has discussed the matter with the Nambucca Heads Island Golf Club, the Grafton office of Crown Lands and also with myself.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues for the environment.

 

Social

 

It is anticipated that the Minister will consider the Native Title claim referred to in the report in the determination of a new lease.

 

Economic

 

The proposed new 15 year lease will assist the Island Golf Club in securing finance to undertake the improvements identified in their 2010-2020 master plan.? Any increase in patronage of the Golf Club, particularly from golfers outside the local government area would be of economic benefit to the community.

 

Risk

 

As Trustee, Council is in a difficult position if there is a contest over the ownership and tenure of the land.? This risk can be mitigated by keeping Crown Lands informed of Council?s actions.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.? As Trustee of the golf course land, Council receives approximately $7,500 per annum plus GST.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or additional resourcing/staff implications.

 

Attachments:

1View

2986/2013 - Letter from Nambucca Heads Island Golf Club

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Nambucca Island Golf Club - Request for a New 15 Year Lease

 



Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.3????? SF652????????????? 110913???????? Nambucca Valley Landcare and Mid North Coast Farm Foresters - Request for Accommodation

 

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

 

Summary:

 

Nambucca Valley Landcare and Mid North Coast Farm Foresters have suffered a cut in their funding from the Northern Rivers Catchment Management Authority.? They have requested that Council provide them with accommodation.

 

 

Recommendation:

 

That Council endorse the provision of temporary office accommodation for Nambucca Valley Landcare Inc and the Mid North Coast Farm Foresters for a period of six months.

 

 

OPTIONS:

 

Council can elect not to assist Nambucca Valley Landcare Inc and the Mid North Coast Farm Foresters in the provision of accommodation.

 

 

DISCUSSION:

 

Council has received the attached letter from Nambucca Valley Landcare and Mid North Coast Farm Foresters requesting Council?s assistance in providing accommodation for these organisations.

 

At present both organisations share an office in Bowraville.? This ?shop front? has been in place since 1995, however with a reduction in funding from the Northern Rivers Catchment Management Authority (CMA) to all Landcare groups this can no longer be afforded.

 

On 28 August 2013 the Mayor and General Manager met with Mr Tim Ryan, Landcare Community Support Officer to discuss the issue.

 

Mr Ryan indicated that their CMA funding had been cut from $80,000 to $30,000 per annum which would impact on their operations.? They currently pay $165 per week for their office accommodation in Bowraville and could no longer afford to rent these premises with their reduced funding.

 

Mr Ryan indicated that the reduced funding is also based on a view that Landcare does not need an office to operate.? This is disputed by Mr Ryan who has advised of the regular need to meet with landowners and volunteers to discuss projects.? What he seeks from Council is the provision of an office only, comprising no more than a desk, a power point and a filing cabinet.? Access to meeting room facilities would be ideal.

 

As indicated in the attached letter, Nambucca Valley Landcare has been incorporated for 17 years and currently has 425 landowners on its mailing list.

 

More broadly, the Nambucca Valley Landcare is part of a national network of thousands of locally-based community groups who care for the natural resources of this country.? If fact there are more than 4000 community Landcare groups, 2000 Coastcare groups and many thousands of volunteers.

 

The major aspects of Landcare work is:

Improving our farmlands
Many primary producers are active participants in Landcare. They make significant contributions to combating soil salinity and erosion through sound land management practices and sustainable productivity. According to the Landcare website more than 40 per cent of farmers are involved in Landcare and many more practice Landcare farming.

Breathing new life into waterways
Groups work to conserve, rehabilitate and better manage our creeks, river systems and wetlands.

Around the coast
Coastcare groups are active in improving local coastal and marine environments.

Bringing back trees
Each year Landcare plant many millions of native trees, shrubs and grasses for a range of benefits, including improved soil and water quality. They restore bushland and conserve sensitive areas on both public and private land.

Restoring wildlife habitats
Volunteers have provided protection for thousands of native species, including threatened and endangered flora and fauna.

Urban action ? protecting our urban environment
Active Landcare groups in Australian towns and cities work thousands of hours each year to tackle local environmental issues of most concern to their communities.

Landcare has very high profile support from industry and notwithstanding the recently announced funding cut back it has been well supported over the years by all sides of politics.

 

Of particular significance to the Nambucca Valley is the fact that it has attracted many grants, often in partnership with Council.? Maintaining a strong Nambucca Valley Landcare with close links to the community and Council is in the community?s interest.? This also applies to the activities of the Mid North Coast Farm Foresters.

 

The obvious concern with such requests is that through the best of intentions, Council willingly becomes a party to cost shifting from other levels of government at a time when its own financial sustainability is in doubt.

 

However in the circumstances that Council is being requested to provide only a small office area it is recommended that Council enter into a 6 month agreement to provide this space pending further advice on the future direction of the Local Land Services and Landcare funding.? It is possible that the outcome of the Federal election may also have some effect on the future of Landcare.

 

If Council endorses the recommendation to provide office accommodation for 6 months it would be on the basis that it not include a telephone or computer.? Council staff would determine the accommodation arrangements in consultation with Landcare and the Farm Foresters.

 

 

CONSULTATION:

 

There has been consultation involving Mr Tim Ryan, the Mayor and General Manager.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The benefits which LandCare has provided to the environment since its inception in 1985 are significant.? Landcare groups have formed all across the state, around Australia and in over 20 countries around the world. The keystones of Landcare are that it is community owned and driven, it is bi-partisan in nature, it encourages integrated management of environmental assets with productive farmland and a more sustainable approach to private land management.

 

The Nambucca Valley is a piece of that history because in January 1988 Australia?s first official dune care groups formed on the mid north coast of New South Wales at Hat Head, Diamond Beach, Scotts Head and Diggers Beach.

 

In 1989 the Landcare movement officially began with Rick Farley of the National Farmers Federation and Phillip Toyne of the Australian Conservation Foundation, successfully lobbying the Hawke Labor Government to commit itself to the emerging movement. Landcare became a national program in July 1989 when the Australian Government, with bipartisan support, announced its ?Decade of Landcare Plan? and committed $320 million to fund the National Landcare Program.

 

Social

 

Landcare is one of the largest volunteer organisations in Australia.

 

Economic

 

The economic benefits derive from the activities of volunteers and co-ordinators in improving the sustainability of agriculture and forestry and ecosystems generally.

 

Risk

 

The major risk of accepting responsibility for services hitherto funded by other levels of government has been discussed in the report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be minor direct and indirect costs eg, electricity and water consumption

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Depending upon the agreed office accommodation arrangements there may be some staffing implications if existing staff have to move or adjust their work stations.

 

Attachments:

1View

20664/2013 - Letter from Nambucca Valley Landcare & Mid North Coast Farm Foresters

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Nambucca Valley Landcare and Mid North Coast Farm Foresters - Request for Accommodation

 



Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.4????? DA2010/004????? 110913???????? VPR Developments - Stage 5 - Proposed Continuation of Caveat to Allow Settlement of Developer Contributions

 

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

 

Summary:

 

VPR Developments seek Council?s approval to modify their development consent to allow the deferred payment of developer contributions for water, sewerage and public amenities/services.? They seek to pay all contributions for the whole subdivision upon settlement of the first sale in the subdivision.? On balance the request from VPR Developments is supported.

 

 

Recommendation:

 

1.?? That Council modify DA2010/004 to permit the deferred payment of developer contributions identified in condition no?s 20 and 21 of the consent as per the application to modify the consent and the proposal from Finlaysons Lawyers (document 21576/2013).

 

2.?? That the deferred payment arrangement be secured by a Deed of Agreement and Caveats and that Council?s seal be attached to documents as required.

 

 

OPTIONS:

 

Council can reject the proposal to allow a deferred payment arrangement of contributions secured by a caveat and related deed of agreement.

 

DISCUSSION:

 

Council has received the attached letter from Finlaysons Lawyers seeking to continue a caveat arrangement so as to provide the necessary cash flow to enable the payment of developer contributions on this stage of the subdivision by VPR developments.? An application to modify the development consent to allow this arrangement has also been lodged.

 

This Council had an historic practice of allowing the payment of developer contributions for subdivision to be secured at the time of settlement of each individual lot in a subdivision.? The timing of the commencement of this practice is unknown.? It was obviously an attempt by the Council of the day to reduce a developer?s holding costs and in so doing hopefully assist in minimising the cost (and price) of developed land.

 

This practice applied to the subdivision being undertaken by VPR Developments Pty Ltd, the subject of the attached letter.

 

However the practice did come with a significant legal and administrative overhead in the form of caveats and deeds of agreement and staff time in providing an updated contribution for each settlement and then following up and reconciling each settlement as it occurred.? The complexity and resources required to administer the process are such that it exposed Council to some risk.? In 2006, Council adopted a policy which provided that it would accept a deferred or periodic payment of contributions provided they were secured by a bank guarantee with the deferment being no longer than 24 months.? Since the commencement of the policy which also corresponded with a downturn in the property market the use of bank guarantees has not occurred.

 

The subdivision the subject of the attached letter from Finlaysons Lawyers is DA 2010/004 and is a thirteen (13) lot residential subdivision off Seaforth Drive, Valla Beach.? The civil works for the subdivision have been completed with the exception of the required cycleway which is the subject of an agreed $100,000 cash bond.

 

The consent for the subdivision includes the following conditions:

 

?THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

 

?20???? Certificate of Compliance (Water & Sewer)

 

Contributions set out in the following table are to be paid to Council. The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. Payments will only be accepted by cash or bank cheque.

 

The Certificate of Compliance under Section 306 of the Water Management Act 2000, identifying payment of the contributions, is to be provided to the Principal Certifying Authority.

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

13 additional

$4,398

?$57,174

30 June 2010

Sewer

13 additional

$4,077

?$53,001

30 June 2010

TOTAL

 

 

$110,175

 

 

 

?21???? Contribution to be paid towards provision or improvement of amenities or services

 

Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The contribution rates for specific dates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Open Space and Community Facilities

Lot

13 additional

$1,724.45

?$22,418

30 June 2010

Surf Lifesaving

Lot

13 additional

$96

$1,248

30 June 2010

Valla Beach Road Overpass

Lot

13 additional

$488

$6,344

TOTAL $30,010

30 June 2010

Administration Charge

 

 

6% of total

$1,800

30 June 2010

TOTAL

 

 

 

$31,811?

 

 

The contributions in the conditions listed above are subject to CPI indexing but as indicated the total of all developer contributions is $141,986 plus indexation.? As at 5 September 2013 the total including indexation is $156,897.12.

 

The proposal from Finalysons Lawyers is that all of these contributions be paid upon the first settlement of a lot in the subdivision.? As indicated in the attached letter this is quite different to (and a considerable improvement on) the historic practice of allowing the piecemeal payment of contributions as the sale of each lot is completed.? In this instance there would be thirteen (13) separate transactions rather than the single transaction which is proposed.

 

On balance it is agreed the proposal from Finlaysons Lawyers is in Council?s interest in allowing the registration of the subdivision and the completion of settlements earlier than would otherwise be the case.? The settlements will contribute to the Shire?s economic development and its rates base.

 

The risks and cost to Council are being largely mitigated by the proposal to effect payment of all contributions following the first settlement.? It is also proposed that a Deed of Agreement be entered into to give effect to what is contemplated in the letter from Finlaysons Lawyers.? This is consistent with Council?s previous practice of having a Deed associated with each deferred payment arrangement.

 

CONSULTATION:

 

There has been consultation with town planning staff and Council?s Manager Technical Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are potential economic implications if the release of the subdivision certificate is deferred or does not proceed.? It is difficult to quantify this as the circumstances of the company and the potential purchasers are unknown.?

 

Risk

 

Besides the risks discussed in the report, there is potential that other developers may seek deferred payment arrangements similar to that recommended.

 

Notwithstanding the risks discussed in the report, I am unaware of any financial loss to Council arising out of the previous deferred payment arrangements.? The proposal from Finalysons Lawyers has far less risk and administrative cost than the previous arrangements and even if other developers seek similar consideration it may not necessarily be an undesirable precedent, particularly if it enables a cash flow to facilitate subdivision which may not have otherwise occurred or have been delayed for an extended period.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no budgetary impact.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

There are some staffing requirements involved in the proposal from Finalysons Lawyers.

Attachments:

1View

21576/2013 - Proposal for Section 94 contributions payment and release of plan

0 Pages

??


Ordinary Council Meeting - 11 September 2013

VPR Developments - Stage 5 - Proposed Continuation of Caveat to Allow Settlement of Developer Contributions

 



Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.5????? SF112????????????? 110913???????? Christmas Holidays Closure - 2013-2014

 

AUTHOR/ENQUIRIES:??? Joanne Hudson, Manager Human Resources; Michael Coulter, General Manager ????????

 

Summary:

 

The report makes recommendations in relation to arrangements for the 2013-2014 Christmas/New Year period.

 

 

Recommendation:

 

1??? That Council note the closure of the Administration Centre for the period Wednesday 25 December 2013 to Wednesday 1 January 2014 (inclusive) noting that emergency services will be on-call in regard to essential services.

 

2??? That Council conduct only one Ordinary Meeting in December which will be Wednesday 11 December 2013 commencing at 8.30am and two meetings in January, being Wednesday 15 January and Thursday 30 January 2014.

 

 

OPTIONS:

 

The options available to Management were:

 

1????????? Remain open for business during the period between Christmas and New Year;

 

2????????? Close the Administration Centre only; or

 

3????????? Close the Administration Centre and some or all of the following worksites: Depot, Waste Facility, Libraries and Visitor Information Centre.

 

 

DISCUSSION:

 

For some time now, Council has closed the Administration Centre between Christmas and New Year. Solicitors and developers normally take this period as a holiday break and the number of customer enquiries in years prior to closing has been minimal. There have been no formal complaints received or issued raised in relation to Council?s Administration Centre closing between Christmas and New Year.

 

This year the gazetted public holidays fall on Wednesday 25 and Thursday 26 December 2013 and Wednesday 1 January 2014.? It is therefore proposed to close the Administration Centre between Wednesday 25 December 2013 and Wednesday 1 January 2014, re-opening Thursday 2 January 2014.

 

Employees will be required to take paid leave for the closedown period.

 

The closure will be advertised in the local media.

 

It is proposed that Council?s Libraries, Depot, Waste Facility and Visitor Information Centre remain operational through the Christmas-New Year period, except for public holidays.

 

 


CONSULTATION:

 

Consultation was undertaken with Administration Centre staff via an on-line survey, to which 45 staff responded to, and with MANEX A (General Manager, Assistant General Managers and Managers).

 

Results of the on-line survey were as follows:

 

Which closure period do you prefer in relation to Council?s annual close down at Christmas?

Response Percent

Response Count

Wednesday 25 December 2013 to Wednesday 1 January 2014

24.4%

11

Monday 23 December 2013 to Wednesday 1 January 2014

20.0%

9

Monday 23 December 2013 to Friday 3 January 2014

57.8%

26

Wednesday 25 December 2013 to Friday 3 January 2014

8.9%

4

Total answered

 

45

 

 

MANEX A considered the results of the staff survey and, although the majority of staff (57.8%) indicated they preferred the closure to be Monday 23 December 2013 to Friday 3 January 2014, resolved to recommend Wednesday 25 December 2013 to Wednesday 1 January 2014 on the basis that:

 

?????? the original concept of the annual close down was limited to the period between Christmas and New Year

?????? employees would only be required to take 3 days of their leave (instead of 7 days under the majority scenario)

?????? employees who do want to take additional leave would have the opportunity to do so, provided operational requirements can still be met.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental implications as emergency services are still available.

 

Social

 

Staff based at the Administration Centre will not be accessible during the close down period. However, emergency services will be available and other worksites will remain open.

 

Economic

 

Nil.

 

Risk

 

No risk implications as emergency services are still available.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact as staff are required to take paid leave.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

Service levels will be affected as the Administration Centre will be unstaffed during one period of the closure.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.6????? SF777????????????? 110913???????? Vegetation Mapping Project

 

AUTHOR/ENQUIRIES:??? Grant Nelson, Strategic Planner; Michael Coulter, General Manager ????????

 

Summary:

 

The purpose of this report is for Council to note the completion of the vegetation mapping project.

 

 

Recommendation:

 

1??????? Council receive the information as an indicator of possible Endangered and Threatened Ecological Communities in NSW and Federal legislation.

2??????? Council make the information available to property owners, organisations, public authorities and the media on request.

3??????? In terms of the use of the information by Council that it not be considered determinative of the location of possible Endangered and Threatened Ecological Communities.

4??????? The information be utilised by Council in natural resource grant applications.

5??????? That the OEH be thanked for their in-kind contribution in undertaking the work.

 

OPTIONS:

 

Nil

 

DISCUSSION:

 

In December 2012 Council resolved to proceed with a vegetation mapping project using funds available in the Environmental Levy. The mapping has been prepared by the Office of Environment and Heritage who contributed a significant portion of in kind support with an estimated value of $37,950.

 

A number of options were presented to Council for consideration prior to commencing the project. Of the options available, Council resolved to prepare broadscale vegetation mapping (refining accuracy/ extent of the Kendal and Kendal vegetation mapping) and targeted mapping of potential Endangered Ecological Communities (EEC?s) and Threatened Ecological Communities (TEC?s) as listed under both the NSW Threatened Species Conservation Act and the Federal Environment Protection and Biodiversity Conservation Act. The end result is mapping that provides broad vegetation classifications for all vegetation and detailed community classifications for areas that potentially contain threatened or endangered communities.

 

An overview of the methodology and results of the vegetation mapping will be provided to Council by Council and OEH staff at the meeting. A copy of the full methodology and results report that accompanies the vegetation mapping can be provided to Councillors by request to Council Strategic Planner should they require it. The following is a basic summary of the method and results.

 

Method

 

At the commencement of the project Council sent letters to all property owners located on land greater than 5HA in size (containing vegetation). The property owners were requested to contact Council in order register their interest and allow contractors to undertake flora surveys on their land. Council received over 50 positive responses to the vegetation mapping. Each of the properties accessed is to be provided with an aerial photograph of their property and a list of the species identified during the survey.

 

To provide for the more accurate community classifications, ground truthing focused on the indicative threatened communities with the following being undertaken:

 

Data collection

Number of sites

Full floristic

30

Rapid floristic

81

Rapid API floristic

64

Rapid API community

266

Sites with comments only

20

 

Combined with the previous ground truthing that was undertaken as part of the Kendal (2003) vegetation mapping project, a total of 552 points have been assessed at some level (refer to the above table). It is noted that the current project focused its checking on the potential for indicative threatened communities, allowing a much greater density of surveys on a focused area.

 

The mapping itself used ADS40 2009 Aerial photography (NSW Department of Land and Property Information (LPI)). This photography has a 50cm resolution. The interpretation of the aerial photography was largely undertaken using a 2 dimensional view but as necessary 3 dimensional ERDAS stereo analyst was used.

 

Vegetation communities have been classified using the Plant Community Type vegetation classification system (OEH, 2012). This classification system provides consistency with adjoining LGA?s of Bellingen and Coffs Harbour. The scale of the community mapping is 1:5000.

 

Results

 

Table 4.1 from the report accompanying the vegetation mapping provides an indication of the vegetated proportion of our shire across various land tenures (see below):

 

 

 

The Kendal (2003) mapping found an estimated 4918 HA of land potentially containing Threatened Ecological Communities. Interestingly this study has found only 4465 Ha of indicative Threatened communities, despite a number of additional community listings that have been scheduled since 2003 and a greater overall extent of vegetation mapped. These potential communities were identified within 36 different plant community types that were described for the Nambucca LGA.

 

During the process floristic surveys recorded the following threatened species:

 

-???? Maundia triglochinoides; and

-???? Alexfloydia repens (floyds grass)

 

Candidate Endangered Ecological Communities

 

The core objectives of this project was to map the extent of potential (candidate) EEC?s and TEC?s. Labelling vegetation as candidate EEC?s or TEC?s acknowledges potential significance however site specific investigations would still be required in relation to development or operational processes. It is expected to provide for forward planning and early recognition of alternative and potentially less costly development or works scenarios. It will provide an important resource for the following:

 

-???? Planning enquiries and pre-development meetings;

-???? Development Assessment;

-???? Council works and assessments of significance (Review of Environmental Factors REF?s);

-???? Private and public property management;

-???? Natural resource grant applications;

 

Use in statutory planning

 

The NSW Planning legislation is presently going through a reform. The outcomes of this reform in relation to environmental zones and ecological processes is yet to be determined.? Once the reforms are complete Council will be provided with further recommendations regarding our current LEP and its place in the planning system.

 

It is noted that an analysis of the current land use zones indicates that approximately 47% of the EEC shown in the vegetation mapping are presently zoned for Environmental Management (E1, E2, E3 or W1 or W2)

 

CONSULTATION:

 

General Manager

Office of Environment and Heritage Staff

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The mapping increases Council?s natural resource information base will assist decision making for Council the community and other government agencies

 

Social

 

The information will be publicly available and may contribute to land management practices, grant applications or education purposes.

 

Economic

 

The cost of undertaking flora and fauna investigations can be expensive particularly where there are known to areas of significance. This mapping may guide decision making to less costly alternatives.

 

The mapping will also assist property owners, Council and community groups to target grant funding opportunities.

 

Risk

 

Nil. This report is generally for information purposes.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project has been funded by the Environmental Levy with in kind support from the Office of Environment and Heritage.

 

Source of fund and any variance to working funds

 

Any additional funding would need to be sourced from the Environmental Levy.

 

Service level changes and resourcing/staff implications

 

Nil.

 

Attachments:

1View

21862/2013 - Potential EEC or TEC map for Council report

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Vegetation Mapping Project

 


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager

ITEM 9.7????? SF1120??????????? 110913???????? Grant Application Status Report

 

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

 

Summary:

 

This report provides an overview of grant applications and their status.

 

 

RecommendationS:

 

That the list of grant applications and their status to 29 August 2013 be received.

 

 

Successful grant applications (PREVIOUS AND CURRENT FINANCIAL YEARS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

NSW Govt ? Local Infrastructure Renewal Scheme (LIRS)

Closed 26 March 2012

 

$262,542

Loan repayment

Council will receive an interest rate subsidy of 4% for bridge projects totalling $1.206 million.

Office of Environment and Heritage NSW

Closed 28 February 2012

$60,000

$40,000*

 

Nambucca Shire Beaches Access Ways ? Prioritisation and construction of beach access ways as part of the implementation of the Coastal Zone Management Plan.

Office of Environment and Heritage NSW

Closed 28 February 2012

$80,000

$40,000*

Gumma wetland Water Management Regime assessment, planning and implementation of water management regime at Gumma to meet wetland improvement and water quality management objectives.

Royal Australian Heritage Society Historical Grant

Closed 20 July 2012

$1,500

(partial grant only)

NA

Publication of the history of Talarm from the oral histories which are being collected through a Commonwealth grant.

Revitalising Regional Libraries

Closed 19 November 2012

$16,000

NA

Funding to address some of the gaps in the Library collection.

State Library NSW

Country Libraries Grant

Closed 23 November 2012

$66,650

NA

Purchase of large print books and Playaway audio books

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Local Infrastructure Renewal Round 2

Closed 31 December 2012

$237,062

NA

Loan Interest subsidy of 3% for infrastructure works ? bridges and pavement repair

OEH Coastal Management Grant

Closed 20 February 2013

$55,000

$55,000 (Enviro Levy)

Stage 2 ? Beaches Access ways program extension

OEH Estuary Management Grant

Closed 20 February 2013

$24,625

$24,625 (Enviro Levy)

Restoration and revegetation of the river bank at Stuart Island as per recommendations of the Nambucca River Master plan. (Did not receive full funding request, which included Boultons Crossing sewerage works)

Department Sport and Recreation ? Participation and Facility Program

Closed 26 February 2013

$6,669.00

N/A

In kind and cash from VBCA

Valla Cricket Nets

FRRR ? Small Grants for Small Communities

Closed 2 April 2013

$2,000

NA

Talarm ? signage and blinds

FaHCSIA Volunteer Grants

Closed 24 April 2013

$5,000

$3,650

$2,127

$2,287

NA

NA

EJ Biffin ? ride on lawnmower

Coronation Park ? grounds keeping equipmt, first aid, safety gear, tables

Utungun Hall -

Mary Boulton Cottage ? mower, outdoor furniture, cleaning equipment, sunshade, gardening tools, urn

 

Local Government Energy Efficiency Program ? solar water heaters

Closed 29 May 2013

$26,943

$4578.31

(existing budget)

Non-competitive grant funding for installation of solar water heaters in local government and community buildings.

Total to date

?$852,055

 

NB: The Coronation Park Football Club was successful under the FaHCSIA volunteer program.

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

NSW Department of Planning and Infrastructure - Planning Reform Fund

Closed 22 February 2013

$78,000

$20,000*

Macksville CBD development ? economic strategy post-bypass.

NSW Office of Environment and Heritage ? Flood Plain Management Grant

Closed 21 March 2013

$90,000

$45,000*

Develop Flood Plain Management Study and Plan for Nambucca River and Deep Creek, building on recently completed flood studies.

Public Reserves Management Fund Crown Land

Closed 3 May 2013

$120,000

$10,00 from collection of campground fees

New amenities building and two barbeques to improve Boulton?s Crossing campground

Better Boating Program

Closed 2 August 2013

$49,794

$49,794

(S94 funds)

Stuart Island jetty and amenity building.

*??????? From the Environmental Levy Fund.

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Clean Energy Future Biodiversity Fund ? EOI only

Closed 18 March

$3.5m

N/A

Some in-kind

Weed management and rehabilitation of wide range of areas (coastal, river and range) throughout the Shire to increase biodiversity. Employment of coordinator.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.8????? SF544????????????? 110913???????? Project Administration Contribution Plan August 2013 - Final

 

AUTHOR/ENQUIRIES:??? Colleen Henry, Grants and Contributions Officer; Michael Coulter, General Manager ????????

 

Summary:

 

Council considered the draft Section 94 Contribution Plan: Project Administration at its meeting of 15 May 2013 and approved its release for public comment. The plan was on public display from 28 May to 28 June and no comments were received. The final plan is now submitted for Council?s adoption. If adopted, the adoption notice will be advertised on 19 September 2013. The plan will come into effect at that date.

 

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

 

 

Recommendations:

 

That Council adopt the final Project Administration Contributions Plan August 2013.

 

 

OPTIONS:

 

That Council not adopt the final Project Administration Contributions Plan August 2013.

 

DISCUSSION

 

This plan replaces the current s94 Contribution Plan: Project Administration 2007. The plan

differs from the original plan in the following ways:

 

1??????? The contribution formula, which uses a calculation of the total cost of administration for contributions plans and the estimated total annual s.94 income based on the previous year, has indicated a need to increase the percentage levy of the contribution from 6% to 10%.

2??????? The addition of a section to enable the adjustment of contributions in line with CPI changes.

3??????? The addition of wording consistent with Council Policy - Section 94/64 Contributions (last reviewed in October 2010) on deferment of contribution payments.

 

No comments were received during the public exhibition period. The Accountant and the General Manager recommended that wording of the plan be modified so that it was clear the plan only relates to s.94 development and not s.94A development. This change has been made to the draft considered by Council. Following adoption by Council, the date at which the plan becomes effective will be advertised.?

 

CONSULTATION:

 

General Manager

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current budget of the Project Administration Fund. There will be an increased level of funds available over time to meet the costs already incurred against this account.

 

Source of fund and any variance to working funds

 

Not required.

 

Service level changes and resourcing/staff implications

 

The Council?s schedule of Fees and Charges will require updating when the plan comes into effect. Council staff responsible for setting contributions required as a condition of consent will need to use the new set of charges.

 

Attachments:

1View

21561/2013 - Final Project Administration Contribution Plan

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Project Administration Contribution Plan August 2013 - Final

 

Nambucca Shire Council????

 

 

 

 

 

 

 

 

 

Developer Contribution Plan:

Project Administration

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


August 2013

?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes and Corrections to this Issue

 

Please note the following and corrections:

 

There are no corrections

 

Amendments and Revisions

 

Issue No

 

Date

Issue Title

Amendment

1

Aug 2007

Section 94 Contribution Plan: Project Administration

Reviewed April 2013

2

30.06.2013

Public Exhibition Draft

 

3

11.09.2013

Adopted

 

4

19.09.2013

Commencement

 

 


Table of Contents

 

???????????? Introduction?????????????????????????????????????????????????????????? ????????? 4.

Text Box: PART A

A.1???????? Name of this contribution plan???????????????????????????????????????? 5.

A.2???????? Purpose of this contribution plan????????????????????????????????????????????? 5.

A.3???????? Land to which this contribution plan applies???????????????????? 5.

A.4???????? Development to which this contribution plan applies????????????????? 6.

A.5???????? Relationship to other plans????????????????????????????????????????????? 6.

A.6 ??????? Performance and review of this contribution plan?????????????????????? 6.

A.7???????? Adjustment of contributions??????????????????????????????????????????? 6.

A.8???????? Date of commencement of the contribution plan??????????????????????? 7.

A.9???????? Duration of the plan??????????????????????????????????????????????????????? 7.

Text Box: PART  B

?? ?

B.1???????? Operation of the contribution plan??????????????????????????????????? 8.

B.2???????? The contribution formula??????????? ????????????????????????????????????? 8.

B.3???????? When contributions are payable?????????????????????????????????????? 9.

B.4???????? Exemptions and deferments??????????????????????????????????????????? 9.

 

Text Box: PART C

C.1???????? Nexus??????????????????????????????????????????????????????????????????????????? 10.

C.2???????? Causal nexus????????????????????????????????????????????????????????????????? 10.

C.3???????? Future growth???????????????????????????????????????????????????????????????? 11.

 

Text Box: PART D											?????????

D.1???????? Work schedule ????? and contribution rate??????????????????????????????????? 12.

Text Box: APPENDICES											????????????

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

???????????? Appendix A: List of Nambucca Council contributions plans????????????????? 13.

???????????? Appendix B: Map of contributions catchment????????????????????????????????????? 14.

??


Ordinary Council Meeting - 11 September 2013

Project Administration Contribution Plan August 2013 - Final

 

INTRODUCTION

 

 

Section 94 Contributions ? Summary

 

Section 94 (S.94) of the Environmental Planning and Assessment Act (1979) is a legislative mechanism permitting a Council to recover costs associated with the provision of infrastructure, facilities and/or services required within the local community owing to intensified demand due to development that results in increased population.?

 

Increased population within an area intensifies demand on public infrastructure provided by Councils. Public infrastructure includes local roads and stormwater drainage, recreation and community facilities such as parks, community centres and libraries, and Council supported community service providers such as Surf Life Saving Associations and Emergency Services.

 

Section 94 guarantees that the provision of additional facilities to be provided is not borne disproportionately by Council and the existing community, by permitting Council to levy a contribution towards the part or full cost of facility provision on any development creating an intensification of demand.

 

The levy is incorporated within a Section 94 Contribution Plan, which authorises the collection of a levy for specified purposes, authorised within the Plan. The levy is calculated according to the demand generated, by either the number of new building lots being created in a subdivision, or the expected occupancy of the new lots. A contribution may be imposed on any form of development that creates additional demand including, residential, commercial, industrial and tourist development.

 

Additionally, the levy is calculated to provide protection to the development guaranteeing the costs of providing new facilities or infrastructure are equitably shared according to the development level.

 

There are significant legislative requirements and legal precedents governing plan preparation, management, monitoring and implementation. The contribution plans themselves require constant maintenance, including the detailed monitoring of development, financial management including calculation of contributions rates and expenditure priorities, indexation, reacting to legal precedent and formal review.

 

Council considers that costs involved with administrating the developer contributions system are an integral and essential component of the efficient and effective provision of public services and amenities within the Nambucca Local Government Area (LGA). Council therefore considers it reasonable that the expenses directly related to the administration of the S.94 contribution plans be recovered from developer contributions.

 

The calculation of contributions is determined from the cost of administration as a percentage of the total annual developer contributions received under the provisions of all contributions plans and development servicing plans in operation within the Nambucca LGA as explained in Part B of this plan, with the exception of developments subject to s94A contributions. Council considers the recovery of this oncost to manage developer contributions to be reasonable.

 


PART A

 

 

A.1 Name of this contribution plan

 

This contribution plan is known as:

?

Nambucca Shire Council

Developer Contribution Plan: Project Administration

 

A.2 Purpose of this contribution plan

 

This plan is prepared in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act) and Environmental Planning and Assessment Regulation 2000.

 

This legislation permits Council to place conditions to consents that can require persons, corporations or other organisations undertaking a specific development to make a monetary or in kind contribution, towards the provision of public infrastructure and community facilities that are identified as being required to meet the need of the community as a result of that development.

 

This contribution plan has the following aims and objectives:

 

? To determine an equitable and fair contribution rate for the administration of developer contribution plans.

 

? To recover the fair and reasonable direct costs incurred by Council in the development, assessment, administration, monitoring and review of the s.94 program.

 

? To ensure the existing community is not financially disadvantaged by the need to provide additional services for the administration of the s.94 program in the Council area.

 

? To formulate a comprehensive and definitive strategy for the assessment, collection, accounting, expenditure, reporting and review of developer contributions.

 

? To develop a mechanism to deliver the community a service or facility to an acceptable and appropriate level within a reasonable timeframe.

 

? To meet the requirements of the EP&A Act and Regulation.

 

A.3 Land to which this contribution plan applies

 

This contribution plan applies to all land within the Local Government Area of Nambucca Shire.

 

 


 

A.4? Development to which this contribution plan applies

 

This plan applies to all development occurring within the areas identified in (A.3) Land to which this contribution plan Applies, and which requires a development application to be submitted to the Council, and which is subject to payment of developer contributions in accordance with any contributions plan approved by Nambucca Shire Council, with the exception of developments subject to s.94A contributions, which are exempt from this plan.

 

A.5 Relationship to other plans

?

This contribution plan supersedes:

Nambucca Shire Council s.94 Developer Contribution Plan: Project Administration 2007.

 

This plan incorporates the outstanding fund balance of the superseded plan current at the time of this plan?s introduction.

 

This contribution plan has been prepared in relationship to:

 

? Nambucca Shire Council LEP 2010

? Nambucca Shire Council Development Control Plan 2010

 

This contribution plan relates to all developer contribution plans currently adopted and in operation in the Nambucca LGA. These documents are indexed in Appendix A.

 

 

A.6? Performance and review of this contribution plan

 

This contribution plan is based on specific assumptions concerning predicted levels of development and Council?s administrative costs. The performance of this plan, in meeting the objectives of:

 

? providing effective support for the administration of the S.94 program,

? meeting the needs of new development, and

? ensuring the income from contributions are providing effective and efficient administration of the S.94 program,

 

will require a regular process of review, which should be undertaken within five (5) years of commencement.

 

 

A.7 ????? Adjustment of contributions

 

To ensure that the values of the contributions are not eroded over time by movements in the Consumer Price Index (CPI), Council will amend the contribution rates annually from 1st July and increased according to the previous March Quarter CPI to allow for increases in the cost of provision of services. Contributions required as a condition of development consent will be adjusted at the time of payment in accordance with the latest CPI (All Groups ? Sydney) as published quarterly by the Australian Bureau of Statistics (ABS), using the following formula.


 

 

Contribution at the time of payment???????? =??????? C?????? x??????? CPI 2

?????????????????????????????????????????????????????????????????????????????????? CPI 1

 

Where:

 

C???? =??????? The original contribution amount as shown on the consent

CPI 2???????? =??????? The CPI Number (All Groups ? Sydney) currently available from the ??????????????????????? ABS at the time of payment.

CPI 1???????? =??????? The CPI Number (All Groups ? Sydney) last published by the ABS ???????????????????????? at the time of coming into effect of the Plan, or subsequent ????????????????????????????????? amendment of the plan.

 

A.8 ????? Date of commencement of this contribution plan

 

This contribution plan was adopted by Nambucca Shire Council on 11 September 2013.

 

The notification of adoption was published in local newspapers on 19 September 2013.

 

This plan commences on, and is effective from 19 September 2013.

 

This plan applies to all development applications, with the exception of s.94A developments, determined on and after this date.

 

A.9 Duration of this contribution plan

 

The duration of this contribution plan is five (5) years from the date of commencement.

 

Services to be provided are described in Part D.1 Works Schedule.

 


PART B

 

 

B.1???? Operation of the contribution plan

 

In the determination of a development application, a condition may be imposed by Council requiring a monetary contribution according to the provisions of this contribution plan.

 

The plan applies to all development that will create a potential increase in demand for public amenities, infrastructure and services identified in Council?s developer contribution plans.

 

B.2???? The contribution formula

 

The contribution rate is calculated by determining the cost of administering S.94 plan preparation and accounting as a percentage of the total annual income from all development contributions.

 

Tca x t%

Contribution Rate (CR%)? = ????????? ????Tpi

 

Where: Tca = total cost of administration

Tpi = estimated total annual income derived from S94 contributions

???? CR = contribution rate, expressed as a percentage

???? Ca = administration contribution

 

Worked Example:

 

Tca - Total cost of administration for S94/yr. ?????????????????????????? = $19,730

 

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

Tpi ? Estimated total annual S94 income (based on actual income from previous year) ??????????????????????????????????????????????????????????????????? = 191,562

 

 

CR%? =??????? $19,730

$191,562

=?? 0.10

=?? 10%

 

Average weighted contribution?? = $6,869.00

Ca??????? = $6,869.00 x .10

????????????? = $686.90

 

Total S94 Contribution including administration levy ???????? = $6,869.00 + $686.90

?????????????????????????????????????????? = $7,555.90

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


B.3???? When contributions are payable

 

? Where the contribution relates to development applications involving subdivision the contribution is payable prior to the release of the subdivision certificate.

 

? Where the contribution relates to development applications involving building approvals, the contribution is payable prior to release of the building construction certificate.

 

? Where the contribution relates to development applications where no building approval is required, the contribution is payable prior to occupation or use.

 

B.4???? Exemptions and deferments

 

There are no exemptions from this contribution plan.

 

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by bank guarantee and the deferment being no longer than 24 months. In such a case, the applicant must make a written request.

 

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

 

1. indexing will be calculated from the date the contribution was due until the date of payment;

2. the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution plus an amount equal to 25 months? interest plus any charges associated with establishing or operating the bank security;

3. the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than 24 months from the provision of the guarantee or completion of the work;

4. the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development;

5. the bank?s obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

6. where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

7. the applicant will be charged an administrative fee based on the professional fees set in Council?s Revenue Policy; and

8. periodic payments for a staged development will be on a pro rata basis ? the proportion of the stage of the development in relation to the overall development.
PART C

 

 

C.1???? Nexus

 

The ongoing development and maintenance of Council?s S.94 contribution plans requires the direction of significant resources towards the program to ensure the continued relevance, accuracy and compliance in meeting the Legislative requirements of the Act and the needs and expectations of the community.

 

The ongoing provision of infrastructure and facilities under the S94 program is dependent on the sound administration and performance monitoring of Council?s S.94 Contribution Plans.

 

The legislative and administrative functions required to support and maintain the S.94 program include:

 

? Preparation, administration and review of planning and design studies.

? Development of contribution plans and attendant policy documentation.

? Review of contribution plans.

? Financial management and accounting of collection, scheduling and expenditure of contributions.

? Development of project and works schedules.

? Administration of works in kind agreements.

? Community consultation.

? Reporting and performance monitoring.

? Annual reporting.

 

Nambucca Shire Council has employed a Grants and Contributions Officer whose part-time role is to undertake these functional tasks and to ensure they are executed effectively. This position is accountable to the General Manager. The Contributions Officer is assisted in these tasks by Council?s Accountant.

 

The cost of managing the S.94 program for Council is apportioned as being 50% of the Grants and Contributions Officer?s salary and costs and 4% of the Accountant?s salary and costs, being a total of $19,730/pa.

 

C.2???? Causal nexus

 

Causal nexus requires the demonstration that the need of a facility or service being subject of the levy is a direct result of the subject development.

 

The development of a contribution plan places an obligation on Council to provide resources that can effectively manage, administer and monitor the performance of the plan.

 

Council further has an obligation to review, update and amend the contribution plans to guarantee and maintain the operational relevance of the program, and when necessary identify and prepare new contribution plans to meet the future needs of the community.

 

 

It is clearly demonstrated that the costs associated with the administration and management of the contribution plan program is directly related to the demands of development, and that this contribution plan is required to continue effective administration and management of the s.94 program.

 

C.3???? Future Growth

 

The Nambucca Shire continues to experience an uneven yet sustained population growth through increased residential and tourist oriented development.

 

Council has identified target areas where future growth is to occur and be subject to increased demand for public infrastructure, facilities and services. Given the current trends in new housing starts the areas of highest growth will continue to occur in close proximity to the coast and established town centres.

 

Established centres at Nambucca Heads and Macksville will retain strong growth and planned release areas north of Nambucca Heads will provide longer term residential and commercial development opportunities.

 

This contribution plan will levy residential development.

 


PART D

 

 

D.1 Work Schedule and Contribution Rate

 

Work Schedule

 

 

 

 

 

 

Item

Description

Cost over Life of Plan

%s.94

Date

 

 

 

1

 

 

 

Developer Contributions Officer, Accountant

 

 

 

$98,650

 

100

 

2013-2018

 

 

 

Contribution Rate

 

Item

Description

Rate %

Calculation

1

All Development

10%

Calculated on subtotal of payable contributions

 

?

 


??????

APPENDIX A

 

s.94 Developer Contribution Plans

 

The following Developer Contribution Plans are currently adopted in Nambucca Shire Council:

 

 

? Valla Beach Road Overbridge

 

? Mines and Extractive Industries Road Maintenance

 

? South Macksville Roadworks (to be superseded by Upper Warrell Creek Road

 

? Scotts Head Road/Grassy Head Road Intersection Upgrade

 

? Bellwood Local Roads and Traffic Infrastructure

 

? Bald Hill Road

 

? Upper Warrell Creek Road Overbridge

 

? Hyland Park Road

 

? Community Facilities and Public Open Space

 

? Surf Life Saving Facilities

 

? Smiths Lane Local Roads and Traffic Infrastructure


?APPENDIX B

 

B.1?????? Map of Contribution Catchment


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

General Manager's Report

ITEM 9.9????? SF544????????????? 110913???????? Upper Warrell Creek Road Contributions Plan? - Final

 

AUTHOR/ENQUIRIES:??? Colleen Henry, Grants and Contributions Officer; Michael Coulter, General Manager ????????

 

Summary:

 

This report submits the final Upper Warrell Creek Road Developer Contributions Plan 2013 for adoption by Council after having being placed on public exhibition from 28 May to 28 June 2013. Two submissions were received and no modifications are to be made to the document as a result of these submissions.???

 

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

 

 

Recommendations:

 

1??????? That Council adopt the final Upper Warrell Creek Road Developer Contributions Plan? August 2013.

 

2??????? That notice of adoption is advertised on 19 September and the plan becomes effective at that time.

 

 

OPTIONS:

 

That Council not adopt the final Upper Warrell Creek Road Developer Contributions Plan 2013.

 

 

BACKGROUND

 

The draft Upper Warrell Creek Road Developer Contributions Plan 2013 was approved by Council for public exhibition in May 2013 . The new plan differs from the earlier plan in the following ways:

 

1.?????? The catchment area has been enlarged to include the Strawberry Road area, as well as the South Macksville Estate, Areas 1 and 2 as per the previous plan.?

2.?????? The schedule of roadworks required for Upper Warrell Creek Road have been amended by replacing the roundabout with a less costly intersection, with no reduction in safety or functionality.

3.?????? The portion of Upper Warrell Creek Road between the intersection of Yarrawonga Street and Travelling Stock Route (TSR) 99 will be upgraded with a wider carriageway between Yarrawonga Street and the internal collector road of the South Macksville Estate and a slightly narrower and less expensive carriageway between the collector road and TSR 99.?

 

 

DISCUSSION

 

Two submissions were received and are attached.

 

The submission from Geoff Smyth Consulting sought confirmation that Council?s February 2012 decision that existing consents would not be subject to increased Section 64 charges be applicable in this instance as well. This contributions plan clearly states that the plan is only relevant to development which has not yet been subject to the DA process, therefore Geoff Smyth Consulting has no need for concern.

 

The second submission by J Ackland suggests that contributions be spent on creating a new, second access to the area off Taylors Arm Road, to minimise the build-up of traffic on Pacific Highway and Wallace Street, increase safety with two accesses in emergencies, provide for future development between Upper Warrell Creek Road and Taylors Arm Road, and provide a more direct route for pedestrians and cyclists between the area and Macksville. Council is aware of the need for a second access to the area, however the contributions plan is limited to providing infrastructure for development in the identified catchments, which is its primary concern. The provision of a second access way would need to be funded through a separate Contributions Plan once the area has been targeted for development.

 

 

CONSULTATION:

 

Members of the public

General Manager

Manager Technical Services

Strategic Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

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

 

Social

The modifications to Upper Warrell Creek Road will bring the road up to standard and provide safer transport infrastructure to Shire residents, especially the residents living along the road.

 

Economic

The current Developer Contribution base rate collected per person under the South Macksville Roadworks Plan 2005 is $244 (Area 1) and $422 (Area 2).? The new plan charges a rate per person of $1,950 (Area 1), $3,691 (Area 2) and $5,026 (UWE).? These are per person figures and the rate for a subdivision is 2.3 x the per person rate.

 

Given the significant increases consideration has been given to the quantum of Section 94 contributions compared to those applying in nearby LGA?s for similar development.? Council should be concerned that the total contribution burden on new development is considerate of capacity to pay.? Whilst there will be much disagreement in relation to this, one indicator is what is occurring in other similar and nearby property markets.

 

The base rate (per person) developer contributions required in Kempsey, Coffs and Bellingen for new urban and rural residential land releases compared to Warrell Creek are listed below.? Whilst the quality and value of the land will differ between the LGA?s the figures are one indicator of the market capacity.

 

Kempsey ?

Kempsey West New Release

Infrastructure $2378.96

 

Southwest Rocks

$4396 (includes community facilities, traffic infrastructure, bush fire, surf lifesaving, open space etc)

 

Coffs Harbour

Korara Rural Res

Road infrastructure - $6591.57

Bushfire - $154.34

Urban planning - $422.72

TOTAL - $7138

 

Bellingen

Hydes Creek Road Rural Res

Infrastructure - $3272.28

Bushfire - $363

Community facilities - $655

TOTAL - $4290

 

Upper Warrell Creek Estate (most expensive)

Road infrastructure - $5026

Community Facilities ? $794

Surf lifesaving - $107

TOTAL - $5927

 

The rates are broadly comparable and the substantial increase recommended for Warrell Creek is more indicative of this Shire coming off a low base rather than having very high contributions.

 

Risk

The new developer contributions rates are significantly higher than the old rates, as the revised cost of the infrastructure is much higher and it will be borne by a smaller number of developers. There is a risk that developers affected by the change will see this as inequitable, however there is no other way to recoup the actual cost of the required works, and points to the need to continually review our contributions plans.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current budget for the Upper Warrell Creek Road project. There will be an increased level of funds available over time to meet the costs of the required road work, and recoup the funds expended on work undertaken.

 

Source of fund and any variance to working funds

 

Not required.

 

Service level changes and resourcing/staff implications

 

The Council?s schedule of Fees and Charges will require updating when the plan comes into effect. Council staff responsible for setting contributions required as a condition of consent will need to use the new set of charges.

 

Council?s Financial Management System will need to incorporate a new General Ledger income number associated with the new plan, as under legislative requirements it must be clear what income has been collected under each contributions plan.


Submission ? Geoff Smyth Consulting:


Submission ? J Ackland

 

Attachments:

1View

21892/2013 - DRAFT Upper Warrell Creek Road Contributions Plan April 2013 as submitted to Council 25 April 2013

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Upper Warrell Creek Road Contributions Plan? - Final

 

























?


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.1??? SF24??????????????? 110913???????? Request For Donation From Rotary Club Of Macksville

 

AUTHOR/ENQUIRIES:??? Peter Wilson, Assistant General Manager Corporate and Community Services ????????

 

Summary:

 

This report presents a recommendation to Council in relation to a request for a donation of $691.00 from the Rotary Club of Macksville, being for Development Application fees for the 2013 Nambucca River Festival event.??

 

 

 

Recommendation:

 

That a donation of $691.00, under Sec 356 of the NSW Local Government Act 1993, to the Rotary Club of Macksville be approved.??

 

 

 

OPTIONS:

 

No donation is approved.

 

 

DISCUSSION:

 

The 2013 Nambucca River Festival is to be held on 30 November and 1 December 2013.? The Development Application is for temporary amusement rides on private land in River Street, Macksville and for activities and events on public roads.

 

The festival is a joint project of the Rotary Clubs of Macksville and Nambucca Heads.??

 

 

CONSULTATION:

 

No external consultation has been undertaken in relation to the request.? Section 356 of the NSW Local Government Act 1993 requires all financial assistance provided by Council to be approved by Council. Under Section 377 of the Act, this function of the Council cannot be delegated.

 

 

SUSTAINABILITY ASSESSMENT:

 

Council has adopted a Donations Policy which sets out guidelines for financial assistance offered by Council to organisations and individuals.? The policy ensures that decisions relating to assistance are equitable and transparent and that Council is accountable for them.

 

Environment

 

Not applicable.

 

Social

 

By making financial assistance available, Council can show its support of community organisations and the activities and services they provide to the community.? It meets the need to build community connections and strengthens the development of those connections.

 

Economic

 

The event aims to bring benefit to the district through the attraction of visitors and stimulating business.

 

Risk

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No implications.

 

Source of fund and any variance to working funds

 

Program Budget 2013/14 ? Donations S356

15,000.00

Less: Annual Donations approved June 2013

10,030.00

Less: Donation RSL Macksville Sub Branch War Memorial DA Fees August 2013

2,330.20

Available Funds

$? 2,639.80

 

Service level changes and resourcing/staff implications

 

No implications.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

Corporate and Community Services

ITEM 10.2??? SF1620??????????? 110913???????? Integrated Planning & Reporting ? Delivery Program 2012-2016 Progress Report To 30 June 2013

 

AUTHOR/ENQUIRIES:??? Peter Wilson, Assistant General Manager Corporate and Community Services ????????

 

Summary:

 

A report on the progress in achieving the objectives in Council?s Four Year Delivery Program 2012-2016 for the year ending 30 June 2013 was presented to Council at its meeting on 29 August 2013 and subsequently Council resolved:

That this item be deferred to Council?s meeting on 11 September 2013 to provide Councillors the opportunity to submit any comments or questions they have in regard to the Integrated Planning and Reporting ? Delivery Program 2012-2016 Progress Report.

 

 

Recommendation:

 

1??????? That Council endorse the 2012/13?2015/16 Delivery Program Progress Report for the year ending 30 June 2013.

 

2??????? That the summary of achievements, highlights and events for 2012/13 be noted.

 

 

OPTIONS:

 

There are no options as Council has resolved to adopt a six monthly reporting cycle in line with the legislative provisions of the Act.

 

 

DISCUSSION:

 

The Delivery Program and Operational Plan is the point where the community?s strategic goals are systematically translated into actions. These are the principal activities to be undertaken by the council to implement the strategies established by the Community Strategic Plan within the resources available under the Resourcing Strategy.

The Delivery Program is a statement of commitment to the community from each newly elected council. In preparing the program, the council is accounting for its stewardship of the community?s long-term goals, outlining what it intends to do towards achieving these goals during its term of office and what its priorities will be.

The Delivery Program replaces the former Management Plan requirements. It is designed as the single point of reference for all principal activities undertaken by the council during its term of office. All plans, projects, activities and funding allocations must be directly linked to this Program.

Supporting the Delivery Program is an annual Operational Plan. It spells out the details of the Program ? the individual projects and activities that will be undertaken each year to achieve the commitments made in the Delivery Program.

 

The presentation of the progress report is an opportune time to reflect on the achievements of the council and events that occurred over the past 12 months that have impacted on our community and the organisation:

 

???? NSW Minister for Planning and Infrastructure approved the rezoning for stage one of the ?Valla Urban Growth Area? encompassing a 280 hectare area identified for industrial and residential development and environmental living.

 

???? Nambucca Shire Council?s standalone library service commenced in July 2012.

 

???? Council?s application for a 4% loan interest subsidy under the NSW Government?s Local infrastructure Renewal Scheme (LIRS) for the Bridge Replacement Program totalling $1.314M successful.?

 

???? Tenders awarded to build the $54million Off-River Water Storage Dam at Bowraville.

 

???? Council agreed to sell the Macksville Saleyards and Showground to the Nambucca River District Agricultural Association for $1.00. Sale conditions included a commitment from Council to pay legal costs, upgrade the wastewater management system and to provide annual financial assistance for a 10-year period.

 

???? Grant of $566,000 provided by the Australian Government Department of Health and Ageing to deliver a number of healthy eating, living and activity programs in 2012/13 and 2013/14.

 

???? Nambucca Valley hosted the 19 Volkswagon Spectacular in August 2012 and the annual Rusty Iron Rally was held at the Macksville Showground in September 2012.

 

???? Council received a Development Application for an $18million 346 residential lot subdivision in Nambucca Heads. The proposed development, which will be subject to approval by the Northern Joint Regional Planning Panel (NJRPP) would see the estate developed in nine stages and include six public reserve areas and extension of roads and services.

 

???? Boat Harbour Road reopened following a major landslip. The works cost $1million and was funded by the State Government through Natural Disaster funding.

 

???? Roads and Maritime Services informed Council that the restoration of the southern section of the Bellingen-Bowraville Road will not be supported unless work is simultaneously undertaken by Council to mitigate the risk of future landslips. The road suffered significant damage during major rain events in 2009.

 

???? Local Government Elections held on Saturday 8 September 2012.

 

???? Annual Valla Hot Rod Run held in September 2012.

 

???? The Macksville Memorial Aquatic Centre became a model of environmental sustainability thanks to a NSW Enviro Fund grant of $70,000. Major energy efficient infrastructure was installed including new heat pumps for the indoor pool, solar hot panels to heat the water for showers, green pool pumps, salt water chlorinator and shade sails over the baby pool.

 

???? State Government announced that a round of the international FIA World Rally Championship would return to the Coffs Coast in September 2013.

 

???? The Catchment Management Authority provided funding of $70,000 and the Office of Environment and Heritage contributed $60,000 towards the construction of three specially designed access ways at Nambucca Heads, Scotts Head and Valla Beach. The project will help protect the beach ecosystem and provide all season access to the beaches.

 

???? Comprehensive Regional State of Environment (SoE) Report 2011/12 was endorsed in November 2012.

 

???? The Nyambaga Walking Trail, connecting Shelly Beach to the river break wall was officially opened on Friday 30 November 2012. Features of the track are the interpretive signboards which detail the geography, history, flora and fauna of the Nambucca Heads area.

 

???? Council resolved in December 2012 to allocate Environmental Levy funding to prepare streetscape plans for the town centres in the Shire. The Macksville Town Centre Revitalisation plans will take into consideration the planned Pacific Highway bypass of the town centre.

 

???? Australia Day celebrations held at Nambucca Heads.

 

???? Superstorm Oswald lashed the area over the January long weekend with the Shire being declared a natural disaster zone.

 

???? Council resolved in February to re-establish the Rainwater Tank Rebate Scheme in 2013/14.

 

???? Final report on the Our Living Coast Project submitted to Council in February. The project was a joint initiative of Coffs Harbour City Council, Bellingen Shire Council and Nambucca Shire Council and was funded through a $1.998m grant from the NSW Environmental Trust, under the Urban Sustainability Program.

 

???? Northern Joint Regional Planning Panel approved the development of a new primary school at Upper Warrell Creek Road, valued at more than $5million.

 

???? The biggest flood in decades hit the Mid North Coast in late February, with Nambucca Council being among 11 local government areas to be declared a disaster area.

 

???? Announcement made that 11 Nambucca Valley towns had been added to the list to have NBN fibre technology rolled out from March 2016.

 

???? Council participated in the NSW Treasury Corporation (TCorp) review of Local Government Industry Financial Sustainability with the Nambucca Shire Council ?Financial Assessment and Benchmarking Report? being released in March 2013.

TCorp?s report assessed Council as having a WEAK Financial Sustainability Rating (FSR) and assigned a NEGATIVE outlook.

 

For Councils assigned a Negative Outlook, TCorp provided some recommendations and areas of investigations to assist in improving the sustainability position. The recommendations included:

-???? The need to source additional revenue, such as under an SRV, to improve financial flexibility and to assist in reducing the Infrastructure Backlog

-???? For Councils with the borrowing capacity, consider using debt funding to reduce the Infrastructure Backlog and improve intergenerational equity

-???? Devising programs and strategies to contain rising costs and improve efficiencies

-???? Further improvement required in AMPs and integration into the Long Term Financial Plan (LTFP)

-???? Increasing spending on maintenance and infrastructure renewal, balancing this with the need for capital expenditure on new assets

 

???? Section 94A Contribution Plan adopted in April 2013.

 

???? Review of Organisation Structure adopted in May 2013.

 

???? Council commissioned Jetty Research, an independent research firm, to assess the level of satisfaction among our residents on the Council?s managed facilities and services, frontline customer service (call and contact), a possible special rates variation specifically to fund road/bridge infrastructure and attitudes towards 4WD vehicle access on beaches in the Shire. The survey results of the community satisfaction survey, undertaken in May/June, will provide information and insight for setting priorities, reviewing levels of service and preparing budgets based on the feedback from residents.

 

???? Forsyths Business Services Pty Ltd was appointed as Auditors in June for the period 2013-2019.

 

???? Integrated Planning and Reporting (IP&R) suite of documents adopted in June 2013. The documents included the Community Strategic Plan 2013-2023, Delivery Program and Budgets 2013-2017, Operational Plan 2013/14, 10 Year Long Term Financial Plans for General Fund, Water and Sewerage and Workforce Management Plan 2013-2017.?

 

???? Participated in the NSW Local Government Infrastructure Audit with the report being released in June 2013. The report confirmed that there is a large local government infrastructure backlog in NSW and some councils face real and significant challenges in terms of maintaining and renewing the infrastructure that is critical to their communities and the NSW economy.

 

The total infrastructure backlog for all NSW councils was estimated to be $7.4 billion at 30 June 2012, of which $4.5 billion relates to roads and related assets and $1 billion relates to buildings. The Mid North Coast region had the second largest total reported backlog at $738.2 million and the combined backlog in the northern rivers and mid north coast area of NSW equated to 29% of the State total. The infrastructure backlog is over $1,000 per head of the NSW population with the mid north coast region per capita rates just below $3,000.

 

The report stated that a key option for councils to help address their infrastructure backlog is through a special rate variation, however it is unrealistic to believe that many councils will ever be able to address their backlog problem solely through additional rate increases.

 

To put this in perspective, in 2011/12 total rating income for all NSW councils was $6.784 billion, while the reported backlog was $7.359 million. Therefore if councils sought to fund the current backlog over a 10 year period, it would require an average annual cumulative special rate variation increase of approximately 7%.

 

More alarmingly is that on a mid-north coast regional basis, the annual rate increase required each year over 10 years would be 15.5%. For Nambucca this would generate additional annual ordinary rate income of $1.35 million compared to the additional rate income of $297,000 permissible under the 2013/14 rate pegging limit of 3.4%.?

 

???? Council introduced alcohol free zones in Bellwood, ANZAC and Gordon Parks, Nambucca Heads to enable police to enforce relevant legislation to provide park users with greater safety and security.

 

???? Council launched the ?Do Your Bit? campaign in June aimed at local and sustainable tourism. The campaign is designed to encourage conservation of resources and the correct disposal of waste.?

 

???? A range of road and bridge infrastructure projects were completed in 2012/13 including:

 

-???? Bellwood Road Nambucca Heads $50,000

-???? Ridge Street Nambucca Heads $150,000

-???? Taylors Arm Road $710,000

-???? Valla Road $150,000

-???? Eungai Creek Bridge $320,000

-???? Kelly?s Bridge $85,000

-???? Millers Bridge $150,000

 

These initiatives align with the following Strategic Direction within the Nambucca Valley 2023 Community Strategic Plan:

 

Strategic Direction: Leadership and Administration

 

Goal: Delivery of Services - To deliver services to the community consistent with their requirements and Council?s core values.

 

 

CONSULTATION:

 

Council resolved on 16 January 2013 ?That Council continue with a Quarterly Budget (or Operational Plan) Review and adopt a six (6) monthly cycle for progress reports against its four (4) year Delivery Program.

 

The General Manager must ensure that progress reports are provided to the Council, with respect to the principal activities detailed in the Delivery Program, at least every 6 months. [s.404 NSW Local Government Act 1993]

 

Each responsible officer has reviewed their relevant areas of the Delivery Program.

 

 

SUSTAINABILITY ASSESSMENT:

 

The IP&R Framework arises from state wide planning reforms that are based on sustainability principles and each component addresses social, environmental, economic and civic leadership issues.

 

The Delivery Program includes an overview of the main sustainability issues facing the Shire and its community and indicates in broad terms how Council proposes to deal with those issues. The Program also details Council?s principal activities, programs and strategies to be pursued and specific actions to be taken during 2012-2016.

 

Environment

 

The draft documents include a number of strategies to assist and contribute to the environmental sustainability of the Nambucca Shire.

 

Social

 

The Delivery Program includes a range of strategies to enhance the social development of the shire.

 

Economic

 

The Program includes a number of strategies aimed at assisting and contributing to the economic development of the shire.

 

Risk

 

Failure to submit a six-monthly progress report would contravene a council resolution and legislative requirements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are no financial and resource implications for Council as the Quarterly Budget Review Statement details the budgetary position of Council.

 

Source of fund and any variance to working funds

Not applicable.

 

Service level changes and resourcing/staff implications

Resourcing strategy implications are incorporated in the Program Budget.

 

Attachments:

1View

16059/2013 - Half Yearly Performance Targets (Delivery and Operational Plans) Ending 30 June 2013

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Integrated Planning & Reporting ? Delivery Program 2012-2016 Progress Report To 30 June 2013

 

Description: nambucca valley nsc

 

 

TWELVE MONTH REVIEW ENDING 30 JUNE 2013

 

of

 

DELIVERY PROGRAM 2012 ? 2016

 

and

 

 

OPERATIONAL PLAN 2012 ? 2013

 

 

 

 

 

 

[TRIM 16059/2013]


INTRODUCTION

 

This is Council?s second sixth monthly review report under the new Integrated Planning and Reporting Framework.? The intention of the report is to document Council?s progress and effectiveness of Council activities as it strives to implement its stated strategies to achieve the objectives under each of the eleven (11) Key Strategic Directions outlined in its Community Strategic Plan 2022.

 

The 11 Key Strategic Directions are:

 

1??????? Civic Leadership and Administration

2??????? Public Order and Safety

3??????? Public Health

4??????? Community Support and Education

5??????? Environmental Planning

6??????? Building Regulation

7??????? Environmental Services and Community Amenities

8??????? Recreation and Culture

9??????? Transport

10????? Local Economy

11????? Water Cycle

 

This report should be read in conjunction with Council?s Quarterly Budget Reviews which outline how Council is tracking against allocated budgets.? Over time, it is intended to better integrate both the financial measures and strategic outcomes into one snapshot, easily understood document, rather than the two current large standalone documents.

 

Under Council?s Community Strategic Plan the 11 Key Strategic Directions are embellished with 31 Objectives, which are subsequently supported by some 58 Strategies.? The 58 Strategies are carried through into the 4 year delivery plan and allocated across the organisation with specific tasks, programs or actions for which their progress is reported on through this 6 monthly review report.

 

Council?s systems are not yet integrated sufficiently, nor does Council have the resources to provide very sophisticated reports with benchmarks or performance percentages which other larger Local Government areas are able to produce. Given time the Nambucca Shire Council Integrated Planning and Reporting processes will be embellished.


The Delivery Program 2012 ? 2016 and Operational Plan 2012 ? 2013

 

Strategic Direction: Leadership and Administration

 

1.1 Objective: Citizen Engagement

The Council and the community support open government where public participation is encouraged in policy development and major decisions, as well as in Council?s daily operations.

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Using a variety of tools, engage with the community in ways that are accessible and transparent, and use information from the community in decision making

Continue to liaise with Council Section 355 committees to provide advice on policy areas

General Manager

 

Minutes of the nine advisory committees are submitted to Council for consideration

Section 355 information evening held on 7 June 2012.? Minutes reported.

Use public relations, printed materials, Council?s website and personal communications to inform stakeholders and community

General Manager

AGMs

 

Media releases are developed and distributed.

Website is kept up to date.

Media releases issued.? Rates newsletter issued.? Information Technology Officer periodically checking website.? Away Council meetings commenced in 2013.

Website updated with latest information with respect to private swimming pools, Trade night held with local plumbers and interested persons with respect to new Plumbing and Drainage Act and Council?s regulatory function.

Encourage involvement by a variety of community stakeholders in the activities of Council

General Manager

AGMs

Managers

Advertisements for relevant activities as required

Encouraging use of media releases instead of paid advertisements to reduce cost.? Paid advertisements used where there is a statutory or other requirement.

 

Plan to undertake Community Satisfaction Survey in December 2013

General Manager

 

Contract survey as required.

Community Survey of 400 residents undertaken by Jetty Research in June 2013

Issue a newsletter with the 2012/2013 rates notice

General Manager

 

Newsletter is issued with 2012/2013 rates notice.

Newsletter mailed out with 2012/13 Rate Notices. Newsletter prepared for mail out in July 2013

 

 

 

Strategic Direction: Leadership and Administration

 

1.2 Objective: Delivery of Services

Delivery of services to the community is consistent with their requirements and Council?s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Ensure the sustainable delivery of infrastructure and services

Periodic review and ongoing implementation of asset management plans and use in budget and work plan development

Manager Assets

All infrastructure has up to date management plans

Asset Management Plans for major infrastructure assets are under review.

Implement organisation structure and staffing review outcomes

General Manager

AGMs

All adopted review recommendations have been implemented.

Review of Organisation Structure adopted in May 2013

CBSU Implementation Plan developed in May 2013

 

Continue performance reviews of staff performance and provide training and attendance at external conferences where identified to ensure Council?s goals are being met

General Manager

 

 

 

 

 

 

AGMs

Managers

All performance reviews are conducted.

Staff receive training and have the capability to meet service delivery requirements.

Scheduled performance reviews generally complete.?

 

Performance management on-going.

 

Training undertaken to meet statutory and professional development requirements.


1.2 Objective: Delivery of Services continued

Delivery of services to the community is consistent with their requirements and Council?s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide opportunities for Councillors, especially new ones, to attend training relevant to their duties.

Manager Human Resources

Councillors attend training and support sessions.

Ethics and Code of Conduct training for new Bellingen and Nambucca councils held on 21 September 2012

 

Implement human resource management practices

General Manager

Manager Human Resources

Retention rates increase over time.

Staff turnover has increased.? 5.3% in 2009/10; 7.5% in 2010/11; 11.2% in 2011/12; 8% in 2012/13.

 

Comply with local government legislation, policies and agreed standards.

All staff

 

 

 

 

 

Manager Applications and Compliance

Fulfillment all reporting requirements.

MANEX maintains a register of known legislative or regulatory noncompliance.

ES works undertaken in accordance with local government legislation, policies and agreed standards.

Coverage achieved

MACS

New reporting requirements for Public Health and NSW Food Authority being implemented - new registers developed.

Comply with financial management requirements.

All staff

 

 

 

 

Manager Applications and Compliance

Fulfillment of all financial management requirements.

2011/12 Financial Statements and Auditors Report presented to Council December 2012

 

September 2012 QBR submitted to Council in January 2013

December 2012 QBR and March 2013 QBR reported within statutory timeframes


1.2 Objective: Delivery of Services continued

Delivery of services to the community is consistent with their requirements and Council?s core values

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide information and assistance at front counter for a range of community needs

Business Services Unit

Community & Cultural Services

Provision of information on development applications, complaints handling protocol,

Customer service training.

Information being applied and distributed. MERITS being taken and processed

Ensure Council adheres to Equal Employment Opportunity (EEO) principles

All staff

Manager Applications and Compliance

All recruitment processes incorporate EEO principles.

Compliance being met

Provide and maintain information management systems that meets user needs, including GIS, software and data systems to manage corporate information

Implement Merit customer request system

?

Manager Information Technology

Sr GIS Officer

RO

Systems are efficient, effective and information is easily accessible.

1,813 service requests logged in 2012/13. Roads accounted for 42%, Health/Regulatory 23% and Parks/Reserves 12%

 

Merit implemented with plans to update to the latest version in place

Continue to improve new Authority software operation

Manager Information Technology

Corporate & Community Services

Systems are efficient, effective and information is easily accessible.

Authority improvements are continuing via the following:

-?? additional training for staff

-?? upgrade to version 6.7 completed

-?? eServices Pilot program progressing

-?? move to CRM when integration work is completed.

-?? Intranet went Live May 2013

Establish community needs through consultation and involve community in review and future development of Community Strategic Plan, and Delivery and Operational Plans

Conduct community consultation to review Delivery and Operational plans for 2013-2014 and promote awareness of Community Strategic Plan

General Manager

AGMs

Managers

 

Manager Applications and Compliance

Community consultation opportunities are facilitated and feedback is incorporated into plans where appropriate.

Detailed review and community engagement conducted in 2013. IPR suite of documents adopted in June 2013 in line with legislative requirements

 

Use Community Satisfaction Survey to inform planning processes and help identify infrastructure needs

General Manager

AGMs

Survey outcomes are used in developing plans.

Survey conducted in June 2013. ?Findings from the 2010 survey being used as appropriate

 

Strategic Direction: Leadership and Administration

 

1.3 Objective: Risk Management

Reduce risks to Council?s and community operations through effective, timely and affordable risk management strategies

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Implement the risk management action plan

Review the risk management action plan and update if required

Safety & Risk Officer

Documented review of plan.

Completed and endorsed by MANEX

Implement WHS action plan, conducting WHS audits and reviewing as required

Safety & Risk Officer

Action plan activities and audits are completed.

Completed ? see WHS Action Plan

Annual review of insurance coverage

Safety & Risk Officer

 

Up to date certificates of currency.

Completed

Manage instances of safety, regulatory or financial mishaps which cause a financial risk to Council

Safety & Risk Officer

General Manager

 

Reduction of impact on Council resources.

WHS Action Plan ? approximately 200 items completed

Maintain database of all loss events

Safety & Risk Officer

Accurate information is available for insurance purposes.

Database maintained

Maintain and review risk register

Safety & Risk Officer

Accurate risk register kept.

Risk Register maintained

Deliver relevant training and effective awareness programs to staff on workplace safety

 

Safety & Risk Officer

Induction of staff.

Number of training awareness programs conducted.

Reduction in number of work related claims or reported incidents.

All new staff inducted.? Training provided as per training needs plans and supervisor requests.? Number of W/C claims reduced

 


Strategic Direction: Leadership and Administration

 

1.4 Objective: Sustainable Energy Use

Provide community leadership in sustainable energy use and strive to meet the State government?s commitment to becoming carbon neutral by 2020

 

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Implement technologies in Council facilities and infrastructure to reduce Council?s greenhouse gas emissions

Complete Macksville Aquatic Centre improvements under the WASIP grant allocation

Manager Business Development

Technical Officer - Assets

WASIP grant is fully expended.

Centre has become a model of sustainability with funding provided by NSW Enviro Fund grant of $70,000. Major energy efficient infrastructure installed.

Make information available to the community to help them reduce energy use

Provide links on Council?s website to reputable websites that provide information on sustainable energy use and Government objectives to reduce greenhouse gas emissions

General Manager

 

 

Environmental Compliance Officer

At least one link to be provided, and updated as required.

Link to Our Living Coast with information on sustainable living including energy use.

If Council continues to use environmental levy money to keep the Our Living Coast (OLC) website going each year the link on Council?s website to the OLC project will suffice.

 

 

?

 


Strategic Direction: Public Order and Safety

 

2.1 Objective: Community Safety

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide support for local emergency services and beach safety

Participate in rural fire service management and maintain membership of the Nambucca Bush Fire Management Committee.

Engineering Services

Council is represented on Committee.

Service level agreement is reviewed quarterly.

In progress, Cr Ainsworth elected as Council representative to the Committee.? Four meetings scheduled for 2012/13 ? Minutes of the meetings reported to Council

Maintain the urban fire trail network to protect public and private infrastructure from bush fires

Engineering Services

Fire trails are mown twice a year, in October and February

Trails were maintained in October as scheduled and the next programmed work is scheduled for February 2013.? completed works entered into the RFS BRIMS

Contribute statutory 13.3% in budget to fire control and other contributions to Volunteer Rescue Authority and Marine Rescue Authority.

Engineering Services

Allocations are made in annual budget in line with draft budget prepared by Emergency Services.

A budget allocation was provided in the 2012/13 financial year


2.1 Objective: Community Safety continued

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Ensure buildings and facilities at fire control centre and SES/Volunteer Rescue/Marine Rescue are managed to meet standards.

Engineering Services

WH&S inspections are conducted.

Building Management Committee meets regularly.

Council resolved that the NEOC meet twice a year and maintenance issues addressed as they arise through the year

Provide and replace vehicles in accordance with policy for State Emergency Service

Engineering Services

Vehicles are replaced.

This item in now administered through the NSW RFS

Provide lifeguard services as per contract, including annual contribution through s.94 plan.

Engineering

 

 

 

 

 

Services s.94 Officer

Lifeguards are on duty at required times and activity reports are submitted to Council by 31 March.

Equipment is purchased.

Life guard services provided over Xmas/New Year holiday period

 

 

 

Contributions allocation is included in budget

 

Provide and maintain beach safety signage

Engineering Services

Signage is in place and meets current standards

New signage installed at all beach locations with regulatory and non-regulatory warnings


2.1 Objective: Community Safety continued

To foster a community where people feel safe and secure

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Provide ranger service to supervise vehicles on beaches

Corporate and Community Services

4WD vehicles on beaches comply with permit conditions.

Ranger now undertaking random surveillance of beaches

 

Community Survey 2013 canvassed resident attitudes towards 4WD vehicles on beaches and level of monitoring

Provide leadership in safety initiatives

Advocate for adequate police resources

Mayor

General Manager

 

Increase in number of hours that police officers spend in Nambucca District.

Additional police officer (detective) appointed to Nambucca.? Mayor attends periodic briefings.? Liaison with crime prevention officer.

Advocate for road safety initiatives, including through active Traffic Advisory Committee considering road safety improvements.

Engineering Services

Committee progresses road safety actions.

 

Traffic Committee meetings conducted which addressed a number of safety improvements resulting in a number of speed zones on rural roads being reduced. Minutes reported to Council for formal resolutions

Work with District Police to implement specific safety initiatives such as Alcohol Free Zones

Manager Community & Cultural Services

Engineering Services

Number of safety initiatives implemented.

Consumption of alcohol is prohibited in Gordon, ANZAC and Bellwood Parks.? Signage reviewed and 29 new signs erected.?

Review of Bowraville Alcohol Free Zone completed and

re-established for 4 years.? Signage updated by 30 June 2013.

 


Strategic Direction: Public Order and Safety

 

2.2 Objective: Companion Animal Welfare

To proactively manage companion animals to ensure the community?s safety and to improve animal welfare

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Manage companion animals to ensure the community?s safety and improve animal welfare.

Undertake patrols and respond to complaints about companion animals

Manager Applications & Compliance

Ranger

Number of impounded animals is reduced.

Number of euthanised animals is reduced.

Ongoing

Initial discussions with Newcastle Dog Rescue Service to operate in this area

Support programs to improve the welfare of companion animals, including investigating grant opportunities for owner education.

Manager Applications & Compliance

 

Ranger

Contractor

 

Grants Officer

A program is run which educates owners on responsibilities.

 

Program initiated with NSW Land Council to prevent occurring problems on Mish.

Ongoing but with little resolution due to lack of responses from LACL

 

Grant Needs List includes this program

Ensure signage identifying permissible dog walking areas is in place and up to standard on Council land

Manager Applications & Compliance

Ranger Contractor

All areas are checked and signage is adequate.

New signs in place

 

 

 

Strategic Direction: Public Health

 

3.1 Objective: Safe Food

Reduce the incidence of illness from unsafe food by monitoring systems for food hygiene and safe food handling

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Reduce the incidence of illness from unsafe food

Conduct regular inspections and follow-up of premises that handle food for public consumption

Manager Applications and Compliance

Number of inspections.

Reduction in the number of warnings or infringements.

Reduced number of illnesses.

60% inspections carried out due to staff shortages

100% complete for 2012/2013 reporting

Respond to complaints

Manager Applications and Compliance

Reduced number of complaints.

Ongoing with matters resolved

 

3.2 Objective: Clean Water

Improve and maintain healthy waterways through active catchment management including promoting and, where relevant, implementing the protection and restoration of riparian areas and minimizing pollution sources.

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Carry out 100% of inspections including plumbing and new on-site sewage management systems associated with new developments within 48 hours of being booked

Conduct regular inspections in accordance with risk rankings

Weekly monitoring of performance from registration statistical data and departmental appoint calendars

Manager Applications and Compliance

100% of inspections conducted within time

No. of warnings or infringements

 

Complied although timing due to staff shortages sporadic

Note new requirement for Council as delegated water authority to undertake requirements of Pluming and Drainage Act for Department of Fair Trading being integrated into department operations.? Forms and inspection regime provided to user groups - plumbers.

Respond to complaints

Manager Applications and Compliance

Reduction in number of complaints

Problems being resolved with emphasis on impactive systems (impactive on health and/or the environment)

Implement actions from the Nambucca River Estuary Management Plan

Review plan and identify funding sources through grants and Environmental Levy to complete highest priority actions.

Strategic Planner

Environmental Compliance Officer

Implementation of at least one priority action.

Gumma Wetlands project continuing; Riverbank stabilization projects complete along Nambucca River;

Grants funds received from OEH for Stuarts Island.

 

 

 


 

Strategic Direction: Public Health

 

3.3 Objective: Personal Health and Wellbeing

Help improve the overall health and wellbeing of the community of the Nambucca Valley

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Support existing and initiate new public health activities

Implement the Healthy Communities Initiative

Project Officer

Live Healthy Nambucca

Meeting the range of targets identified in program plan

All program delivery, evaluation and financial reporting milestones achieved to date.

Lobby State Government for adequate bed allocation for aged care

General Manager

Increase in number of aged care beds

Not achieved

Lobby State Government for infrastructure to provide adequate health services

General Manager

Number of letters and meetings about this issue.

Numerous reports and letters lobbying for the provision of a kidney dialysis service

Provide grant application support to relevant community organisations

Grants Officer

Number of applications assisted.

Seven (7) applications


Strategic Direction: Community Support and Education

 

4.1 Objective: Connected Community

Our community is proud of its identity and is mutually self-supporting

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Engage with the community, providing social and community infrastructure and programs to meet the needs of all residents

Continue to support and liaise with Council?s Section 355 Committees which represent a range of community members.

General Manager

Meetings attended on regular basis

Roster maintained for attendance at S355 AGM?s.

Continue to support the community through the auspice of grant applications and grant writing support

Grants Officer

Number of grant applications made

Nine (9) applications

Ensure the services of the Visitors Information Centre are of a high standard through training and supporting volunteers

Manager Business Development

Number of familiarisations undertaken

Provided volunteer Book Easy training and industry familiarisations

Provide funding for Seniors Week Activities

Manager Community and Cultural Services

Annual event is held

Live Life ? Go for Gold themed event held 20 March 2013 in partnership with Bowraville Central School and Lions Clubs. 170 people attended.

Continue involvement with Regional Arts Development Board, including financial support and representation on Board of Management

General Manager

Implementation of Regional Arts initiatives relevant to Nambucca Shire

Financial support provided annually and Councillor representation on the Board

Manager Community and Cultural Services role to continue to include aged and disability services

Manager Community and Cultural Services

Funding Agreement service levels are met, 2012-2013 work plan is adhered to, and all reporting requirements are met.

Reporting for 2011 ? 2012 submitted on time ? 100% achieved.? Meeting work plan targets.

 

 


Strategic Direction: Community Support and Education

 

4.2 Objective: Engaged Youth

Foster the social well-being of our youth

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide support for? young people through youth-oriented programs including coordination, planning and funding

Manage funding provided by the NSW Department of Family and Community Services to undertake youth development

Manager Community and Cultural Services

Report against service agreement.

Reporting for 2012 ? 2013 submitted on time ? 100% achieved.? Meeting agreed targets and outcomes.

Identify, quantify, prioritise and publicise the needs of young people

Youth Development Officer

Number of media releases.

Number of grants secured.

Youth Week grant of $1,230 and Shuttle Bus Grant of $435 received.? Activities highlighted talent of young people.

Run Youth Week activities

Youth Development Officer

Youth Week activities held; evaluation undertaken.

Youth Week held 5 to 14 April 2013. Activities held with approximately 250 young people attending.

Run Responsible Educated New Tenant (RENT) program

Youth Development Officer

Courses held; participation figures and evaluation.

RENT Program delivered in May 2013 with 11 young people participating. Another program to run in second half of 2013.

Continue to seek funding for the Nambucca Valley Sports Facilitation Program.

Manager Business Development

Level of funding secured.

Secured via Grants Officer assistance $75,000 PA for three years

Plan and provide library services in Nambucca Heads and Macksville

Seek external funding to supplement library resources

Manager Community and Cultural Services

 

Level of resources secured

Funding applications to Country Libraries Fund, Revitalising Public Libraries Fund and Local Priority Grants were submitted by Community Services staff and all successful.? Council received $66,650; $16,000 and $7,997 respectively in addition to the annual State Library Subsidy.?

 


Strategic Direction: Community Support and Education

 

4.3 Objective: Cultural Diversity

Promote an understanding of the Nambucca Valley?s Indigenous culture and heritage and develop opportunities and partnerships for people of culturally diverse backgrounds,

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Deliver services appropriate to the needs of Aboriginal and Torres Strait Islander communities and continue to improve awareness and understanding between Council and Aboriginal communities and individuals.

Manage funding provided by the NSW Department of Family and Community Services to undertake community development for Aboriginal people

Manager Community and Cultural Services

Projects are delivered in accordance with service agreement

Finance and outcomes reporting for 2011 ? 2012 submitted on time ? 100% achieved.

Coordinate and provide funding for NAIDOC week event

Aboriginal Community Development Officer

NAIDOC Week event is held.

Number of participants.

Level of funding attracted.

NAIDOC Week occurred 1 to 8 July 2012. Council activities included a short Indigenous film screening titled "7 Movies In 7 Hours" at the Bowraville Theatre and 'Town of Origin ? Battle of the Postcodes' touch football series at Hennessey/Tape Oval, Bowraville.

 

Provide activities for learning or social development for young people and their families on school holidays

Youth Development Officer

Aboriginal Community Development Officer

Three activities or workshops will be conducted

100% achieved with 3 events being held in January 2013 School holidays ? Photography workshop, Fishing Clinic, National Parks canoe and bush tucker activity ? 47 young people attended the activities.

Resource and support Council?s Aboriginal Community Advisory Committee

Manager Community and Cultural Services

Aboriginal Community Development Officer

Executive Officer is provided to assist Committee.

Committee is no longer operating.? Council resolved 13 February 2013 to hold an annual Aboriginal forum using Council?s Aboriginal Culture and Heritage Management Plan as a point of reference with the aim of raising relevant issues that can formally feed into Council?s processes. In addition, Council is to maintain an annual Elders morning tea.

 

 

On 15 February 2013 Council wrote to the members of the Aboriginal Community Advisory Committee thanking them for their contribution to the community and advising of the new approach that Council is now taking.

 

Support Indigenous heritage and other cultural projects when identified

Aboriginal Community Development Officer

Number of projects supported.

Gumbaynggir Language ?Taster? Course conducted at Nambucca Heads Library; School Holiday Activity at Bongil Bongil incorporated cultural heritage.

 


Strategic Direction: Environmental Planning

 

5.1. Objective: Well planned communities

A well-planned community which minimises its environmental footprint and social costs, while maximizing its economic and social well-being

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Promote sustainable development

Ensure sustainability is a feature of strategic planning

Strategic Planner

Sustainability requirements are embedded in plans

Vegetation mapping complete (to be reported to Council) Gumma wetland management ongoing; Streetscape improvement programs underway (landscaping a major component).

Progressive application of the principles of ESD to Council?s LEP and related environmental policies

Strategic Planner

Inclusion in revised and new policies

Flood Studies drafted ? these are preparatory to the development of a Flood Risk Management Plan. A Deep Creek Entrance Management Policy has also been created.

DCP 2010 has been amended.

Standard of development approvals improves and conditions applied reflect ESD principles

No significant change.

Compliance with development standards and conditions of consent

See below

 

 


 

5.1. Objective: Well planned communities continued

A well-planned community which minimises its environmental footprint and social costs, while maximizing its economic and social well-being

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Vigorous assessment of developments to ensure minimum impacts are achieved on built and natural environment as a result of the development

Strategic Planner

Senior Town Planner

 

 

 

 

Manager Applications and Compliance

Monitoring of ongoing compliance conditions

Concern about inspection requirements for subdivisions.? To be reported to Council.

 

Assessments comprehensive, staff shortages affect ongoing environmental planning compliance surveillance

Development compliance team being developed with MACS, STP and SH&BS to prepare procedures to be followed by Rangers, AH&BS to deal with higher risk environmental and development compliance issues.

 


 

5.1. Objective: Well planned communities continued

A well-planned community which minimises its environmental footprint and social costs, while maximising its economic and social well-being

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Reflect the community?s desires through appropriate planning instruments such as Local Growth Management Plan, and Local Environmental Plan.

Consult with community and key stakeholders and government departments prior to preparation of plans/reports and coordinate their input.

General Manager

Strategic Planner

AGMs

Managers

 

 

 

 

Manager Applications and Compliance

Number and type of consultations held.

Consultation held in relation to Nambucca River Flood Study:

Deep Creek Flood Study

Deep Creek Entrance Management Policy

Numerous LEP Amendments;

Streetscape improvements;

 

ES?works in progress.? Consultations with various community groups used as input into the asset management plans

 

Good liaison with government, community & other key stakeholders

 

Awaiting new planning scheme

Local Growth Management Plan:

Review and prepare new strategies for rural residential land release areas and rural lands in accordance with the Mid North Coast Regional Plan and incorporation into the Local Growth Management Plan.

General Manager

Strategic Planner

Number of strategies prepared.

Rural residential land release strategy completed.? Review of residential and rural land release strategies to be completed in house as time permits.


5.1. Objective: Well planned communities continued

A well-planned community which minimises its environmental footprint and social costs, while maximising its economic and social well-being

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Valla Growth Area Local Environmental Plan (LEP): Review, coordinate and prepare various environmental studies, master plan, local environmental study and development control plan required to undertake the LEP amendment to rezone land identified in the Valla Growth Area

General Manager

Strategic Planner

Level of progress made on LEP development.

Completed

Report new information relating to land use constraints to Council and include in planning and development activities

Finalise Climate Change Adaptation Policy following completion of flood studies.

General Manager

Strategic Planner

Final policy completed.

Flood study nearing completion. Will re-examined upon completion of the new flood studies.

 

 

Strategic Direction: Environmental Planning

 

5.2. Objective: Housing

Housing across the Nambucca Valley provides for choice and is affordable

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide diverse, sustainable, adaptable and affordable housing options through effective land use planning

Ensure supply of vacant land stocks as per Council?s adopted land release strategy for residential and rural residential land

Strategic Planner

There is adequate vacant residential land stock.

In 2011/12 there was an estimated 25 years plus of vacant land and 30 years of vacant rural residential land stock

 


Strategic Direction: Building Regulation

 

6.1 Objective: Safe Buildings and Pools

Reduce the risk of public injury through ensuring safe standards for buildings and pools are maintained

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Ensure private infrastructure - buildings and pools -are of a safe standard

Undertake building and swimming pool certification

Manager Applications and Compliance

Certification is timely and accurate

Complied

Implementing new Swimming Pool Act and Regulations compliance with determination of annual service delivery capability.

Undertake a risk assessment based compliance program for fire safety and backyard pools

Manager Applications and Compliance

Number of complying swimming pools following audits.

Fire safety addressed as matters arise, swimming pool assessment subject to new legislation and inspection regime

Promote sustainable building practices including energy and water use efficiency

Information on sustainable building practices made available on Council?s website and at Council?s enquiry counter.

Business Services Unit

Information is made available and updated where required.

Website link to Our Living Coast established

 


Strategic Direction: Environmental Services and Community Amenities

 

7.1 Objective: Waste Management

Protect the natural environment through ensuring a regular, cost effective and environmentally responsible system for managing solid waste

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide operational and environmentally acceptable waste management facility, including collection, weighbridge and landfill cells

Contract for kerbside collection of separated domestic mixed waste, recycling and green waste materials

Waste Management Officer

Annual review of performance.

Coffs Coast Waste Service contractors? performance review undertaken 5 December 2012

Monthly monitoring undertaken Annual review completed in June.? Reported on a quarterly basis to Council

 

Decision taken to introduce new rural waste collection service in 2013/14

 

Council initiated formation of working group to address future strategic and operational directions

Provide for management of local transfer station at Nambucca Waste Management facility to source separate domestic mixed waste, recycling and green waste.

Waste Management Officer

Annual review of performance, and compliance with licences.

Review undertaken and completed in November 2012 with transfer station shutes repaired and colour coded accordingly to enhance waste separation

Prepare engineering design plans for construction of landfill cells and rehabilitation of completed landfill cells.

Waste Management Officer

Plans to be compliant with Environmental Protection Licences

Future cell 4 area designed awaiting EPA approval.? Cell 2 rehabilitation completed

Undertake ground and surface water monitoring to meet licence conditions.

Waste Management Officer

Monthly sampling occurs and annual report meets OEH licence requirements.

EPA annual return completed in September 2012 for EPL licence 6268


7.1 Objective: Waste Management continued

Protect the natural environment through ensuring a regular, cost effective and environmentally responsible system for managing solid waste

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Undertake pollution studies and reduction programs and any necessary infrastructure works to meet licencing conditions.

Waste Management Officer

Compliance with Environmental Protection Licences and Landfill Environmental Management Plans.

Wetland upgrade to old landfill completed as per request from EPA June 2012

Implement waste minimisation strategies, including reduce, reuse, and recycle

Ensure contractor?s delivery of yearly education program.

Waste Management Officer

Reduced amount of waste directed to land fill.

Mixed waste processing plant modifications complete.? Commissioned and operational from 16 December 2012

(Education through the school system undertaken when requested)

Minimise illegal dumping of waste.

Manager Applications and Compliance Ranger

Reduced number of complaints.

Illegal dumping investigated with follow up action & service of clean up notices

 

 


Strategic Direction: Environmental Services and Community Amenities

 

7.2 Objective: Street Cleaning

Provide a level of street cleaning which minimises the creation of litter and the level of contaminants in storm water runoff

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Maintain clean and attractive streets, footpaths and public places.

Regularly service street and park litter bins, daily service of public conveniences, and regularly clean commercial areas.

Engineering Services

Inspections in March and September show standard is achieved and maintained.

Maintenance system records all inspections.

Spot inspections introduced during the year and during peak seasons and remedial action taken when required

Sweep high profile areas with special vehicle twice this year.

Pressure clean public conveniences quarterly.

Engineering Services

Sweeping completed in December and May.

Supervisor inspections of pressure cleaning show standard maintained.

December and May programs completed

Respond to complaints

Engineering Services

Reduced number of complaints.

Number of complaints reduced ? 14 complaints received for period July to Dec 2011 compared to 11 complaints received for the period July to Dec 2012

Maintain footpaths within CBD areas to a clean and aesthetically pleasing standard

Engineering Services

Pressure cleaning completed in November.

November 2012 program completed


Strategic Direction: Environmental Services and Community Amenities

 

7.3 Objective: Environmental Protection

Promote the sustainability of the Shire through identification, preservation, protection, restoration and enhancement of the natural environment

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Protect trees from and respond to deliberate damage of trees on public land

Develop public awareness of importance of trees, reward information resulting in conviction and issue fines.

Environmental Compliance Officer

Media release issued at least once advising of $5000 reward.

Council released a media notification to the general public advising of the reward.? Media response from both TV and paper media on Parks Street tree vandalism

Implement strategy to counter tree vandalism.

Environmental Compliance Officer

Tree damage investigated and responded to, including warning letters or fines.

Council adopted a new Tree Vandalism Policy.? Recent event in Parks Street Nambucca Heads followed the new procedures

Implement programs as outlined in the annual State of the Environment Report, Nambucca River Estuary Management Plan, Environmental Levy Program and community environmental programs

Highest priority programs implemented as funding allows.

 

General Manager

Strategic Planner

Number of recommendations implemented as per approved program and budget allocation.

 

Review of Environmental Levy Program completed. Budget for 2013-14 set. Programs ongoing and maximized through grant opportunities.


7.3 Objective: Environmental Protection continued

Promote the sustainability of the Shire through identification, preservation, protection, restoration and enhancement of the natural environment

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Engage and support the community and organisations in undertaking sustainable natural resource management, including best practice farming and land management

Council staff to assist with Landcare, Dunecare and Wetlandcare projects where possible, as identified throughout the year.

Noxious Weeds Officer

Environmental Compliance Officer

Level of in-kind support through advice

Level of grant funding received

 

Works are subject to funding.? Ongoing support is provided to Landcare and other similar organisations such as wetland care have been provided.

Place relevant information on Council?s website and ensure it is regularly updated.

Business Support Unit

Information on website

Website content updated including IPR and Community Surveys

Develop management plans for environmentally sensitive areas

Finalise Coastal Zone Management Plan and implement identified high priority actions where funding is available.

General Manager

Strategic Planner

Council endorses final plan.

Resources (grants) secured to implement project.

CZMP Complete: Beach access improvement program underway and access and protection at Nambucca Heads Surf club is being examined.

Review on-site sewage management plan

Next review scheduled for 2013/2014

Manager Applications and Compliance

No activity required this year.

Review early 2013 due to new standards for design and compliance 50% complete

Reviewed and on exhibition until 15 August 2013

Prepare State of Environment Report

Conduct public consultation and review plan in context of any changes

General Manager

Strategic Planner

SoE Report placed on Council?s website

Commitment to regional SoE report 2016 confirmed May 2013 and to contribute $9,800

 

 


 

Strategic Direction: Environmental Services and Community Amenities

 

7.4 Objective: Biodiversity

The biodiversity of Nambucca Valley?s natural areas, including its waterways and bushland are protected and enhanced

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Deliver projects which assist in the protection of biodiversity and the sustainability of our natural areas

Control noxious and other environmental weeds on private land and Council controlled land

 

Noxious Weeds Officer

Works Crew

Reduction in number of noxious and other environmental weeds in the Shire

Annual program developed with available funding.? Substantial grant funding for 2012/13 was received to address noxious weed control on the headlands

Deliver projects under the Environmental Levy Program which are directly related to biodiversity

General Manager

Number of projects implemented

Vegetation mapping added to Environmental Levy Program

 

 

 

7.5 Objective: Cemeteries

Maintain Shire cemeteries

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide well maintained cemeteries

Prepare a plan of management for each of Council?s cemeteries

Manager Applications and Compliance

Plans of management are implemented.

.

 

Initial plans conceptualised ? for further action

Planning Macksville cemetery extension ? involved engineering section

Respond to complaints

Manager Applications and Compliance

Reduction in number of complaints

Ongoing ? vandalism still problem

Fencing along Hodge St Macksville has minimised.

 

 

 


 

Strategic Direction: Recreation and Culture

 

8.1 Objective: Cultural Activities

Active support of cultural services, our local heritage and the arts

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Support the coordination of and networking between arts, social and cultural groups, Council and the community

Support for the Regional Arts Development Board

Manager Community and Cultural Services

Annual contribution is made.

Council is a member of Arts Mid North Coast.

100% achieved with the contribution paid.? A Councillor is member of the Board

Support community efforts to gain funding for cultural and community events

Manager Community and Cultural Services

Number of grants received.

Small grants received for NAIDOC Week ($3,500), Seniors Week ($1,000) and Youth Week ($1,200).?

Support local museums

General Manager

Museums attract new volunteers and visitors, and outside funding

Museum Adviser Program concluded in November 2012.? Maintaining volunteer numbers continues to be an issue.

 

 

Strategic Direction: Recreation and Culture

 

8.2 Objective: Meeting Places

Meeting places provide a way of fostering an inclusive community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Maintain public buildings where justified by community use

Work with Section 355 committees responsible for buildings to ensure they are being maintained.

Technical Officer - Assets

Buildings are maintained to required standard

Ongoing maintenance and minor upgrade work programmed as necessary.

 

 


 

Strategic Direction: Recreation and Culture

 

8.3 Objective: Recreational Activities

The Nambucca Valley has a variety of safe and well-maintained sporting fields, recreation areas and facilities to meet the recreational need of all age groups in the community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Ensure all public parks and open spaces are accessible, maintained and managed to meet the needs of residents

Works carried out regularly in existing public parks and open spaces.

Engineering Services

Parks maintained at high standard.

Ongoing in accordance with the maintenance program and available funding

Maintain playing surfaces to an acceptable standard by mowing aeration and fertilization.

Engineering Services

Record in Maintenance Management System.

Review with relevant Committee of Management.

Ongoing, works recorded in the Maintenance Management System

Implement Alcohol Prohibited Zone in Gordon Park and other parks where alcohol consumption has been identified as an issue.

Manager Community and Cultural Services

Number of signs erected.

Consumption of alcohol is prohibited in Gordon, ANZAC and Bellwood Parks.? Signage has been reviewed and 29 new signs erected

Playgrounds are maintained in a safe condition and conform to Australian Standards.

Engineering Services

Inspections of all playgrounds at least once this year

Damaged equipment repaired, closed, removed or replaced.

Ongoing in accordance with the maintenance risk management program and available funding

Maintain the Macksville Memorial Aquatic Centre

Continue to manage the contractor in the provision of quality facilities and address infrastructure issues when they arise.

Manager Business Development

Facility is maintained at a high standard

Number of customer complaints.

Installed new starter blocks to gain regional swimming pool facility status.? Implemented maintenance in all areas to core infrastructure.

 


 

8.3 Objective: Recreational Activities continued

The Nambucca Valley has a variety of safe and well-maintained sporting fields, recreation areas and facilities to meet the recreational need of all age groups in the community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Pursue partnerships and opportunities to access additional funding to improve recreational facilities

Funding received via partnerships and grants to improve recreational facilities

New projects added to Work Schedule of Community Facilities and Public Open Space Contributions Plan.

Grants Officer

 

Level of grant funding received.

Contribution Plan work schedule updated regularly.

One (1) application received

Work Schedule is under review

Develop new open space in line with adopted development control plans

New parks proceeding as planned in DCPs and contribution plans.

GM

 

S.94 Officer

Strategic Planner

Number of new parks.

Binalong Park off Upper Warrell Creek Road nearing completion.

Considered in review of S.94 plans currently underway.

 

 


Strategic Direction: Transport

 

9.1 Objective: Private Transport Accessibility

Nambucca Valley residents can get to where they need to go in a way that is safe, efficient and affordable

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Continue to work with State and Federal governments toward upgrade of Pacific Highway

Support community consultation activities and help keep the community informed.

General Manager

Engineering Services

Updates provided as required.

Construction of Nambucca Heads to Urunga proceeding in 2013 and RMS has advised that construction of Warrell Creek to Nambucca Heads will proceed in 2014.? All to be completed by 2016.

Provide expertise in the planning and implementation of aspects of the highway development.

Engineering Services

Highway development plans reflect local needs.

Engineering Services have provided input to RMS into plans with respect to localised needs and traffic management

Maintain the condition of rural road bitumen seal, rural road gravel network and urban streets in accordance with Road Hierarchy policy

Pavements inspected to monitor maintenance requirements.

Engineering Services

Programmed and emergency maintenance carried out.

Inspections carried out in June 2013. Further inspections in July 2013.? Normal maintenance of pavements ongoing.? Emergency maintenance undertaken when necessary


9.1 Objective: Private Transport Accessibility continued

Nambucca Valley residents can get to where they need to go in a way that is safe, efficient and affordable

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Pavements inspected to determine current condition rating in setting forward plans and future financial commitments.

Engineering Services

Ratings reviewed in December each year, forward plans reviewed by February each year for inclusion in budget.

Independent testing carried out in June and July 2013.

Record completed maintenance works in Maintenance Management System.

Engineering Services

Rolling program of traffic counts carried out to provide data on priorities based on vehicle use.

Ongoing ? traffic counts conducted through the year as required

Construct roads as required

Extension of bitumen road network for sections that have undergone a significant change that warrants expenditure.

Engineering Services

Review conducted in February.

No funding provided in 2012/13 budget

Maintain and replace bridges according to Infrastructure Management Plan

Bridge inspection program implemented to determine bridge condition and risk rate

Engineering Services

Record in Asset Register

Inspections of bridges were carried out during November/December 2012

Inspect poor condition bridges to ensure adequate maintenance

Engineering Services

Record in Asset Register

Ongoing ? inspection carried out through the year

Inspect bridges with load limits three times this year to ensure safe usage

Engineering Services

Record in Asset Register

Not done this often undertaken as part of the November/December 2012 bridge inspection program

Inspect bridges after each flood event

Engineering Services

Number of bridges inspected

As required after storm events


9.1 Objective: Private Transport Accessibility continued

Nambucca Valley residents can get to where they need to go in a way that is safe, efficient and affordable

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Maintain and enhance footpaths and cycle ways in the Nambucca Valley

Implement next stage of cycle way plan if funding is found.

Engineering Services

Length of cycle way constructed.

Nil this period as there has been no funding allocated.? Waiting on notification of funds from RMS

Make footpaths safe for use by pedestrians

Annual inspection of 100% of footpath network

Engineering Services

Length of footpath network inspected.

Inspections completed

Develop list of reconstruction priorities

Engineering Services

Reconstruction priorities identified.

Reconstruction priorities identified and a program is to be developed

Implement maintenance program to address damaged section and trips

Engineering Services

Number of damaged sections and trips fixed.

Work program generated from ?Reflect? and to available funding following the footpath inspections and rating of the risk

Conduct emergency repairs

Engineering Services

Inspect within 24 hours of complaint.

Inspections of hazards are undertaken as soon as the hazard is reported to Council

Provide new footpaths in high use areas

Construct footpaths as identified

Engineering Services

List projects completed quarterly.

Nil construction this period


9.1 Objective: Private Transport Accessibility continued

Nambucca Valley residents can get to where they need to go in a way that is safe, efficient and affordable

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide car parking spaces

Ensure new developments provide for required number of car spaces as per Council?s off-street parking code

Senior Town Planner

Car park space numbers are greater than or equal to Council?s off-street parking code.

Ongoing consideration ? concerns about limited carparking for larger dental and medical in established commercial zones

Review parking in CBD areas in context of s.94 plan review

S.94 Officer

Parking needs in CBD are assessed; S.94 plans reviewed

Proposed to proceed with a S94A Plan (flat rate contribution on new development).? S94 Plan for parking will not be required.

Maintain car parks

Provide biennial remarking of lines and regular intermediate inspections

Engineering Services

Length of lines remarked.

Nil this reporting period

Repair bitumen surface

Engineering Services

Pothole patch at least quarterly

Ongoing throughout this reporting period

Maintain landscape by weeding and replanting as necessary

Engineering Services

Conducted twice a year by September and March

Ongoing throughout this reporting period

 

Strategic Direction: Transport

9.2 Objective: Public Transport

Be involved, to the extent possible, in the maintenance and improvement of existing public transport services provided by private bus companies, community transport and the north coast rail line

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Lobby for the provision of public transport options for people who do not have access to private transport

Continue the work of the Shire?s Access Committee

Manager Community and Cultural Services

Engineering Services

Number of meetings conducted.

Reduction in number of complaints received about public transport

Monthly meetings have been conducted except August 2012 when the meeting was replaced with an excursion to the Seniors Expo in Coffs Harbour and December 2012 due to Administration Centre closure.

Install bus shelters at all locations where minimum number of commuters is 10

Conduct annual review based on statistics from bus operators

Engineering Services

Minimum of one new shelter provided or upgraded if required

No new shelters installed during review period


Strategic Direction: Dynamic, Resilient Local Economy

 

10. 1 Objective: Economic Activity

The Nambucca Valley has a strong economy, with a thriving and diverse business community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Foster local development opportunities and economic self-sufficiency through promotion, lobbying and direct action

Seek out and attend to all new business and investment enquiries.

Manager Business Development

Number of enquiries responded to.

Deliver a regional FINA accredited swimming facility to attract major swim events to the shire.

Deliver a government funded via grants effluent system to the sale yards.

Facilitate the expansion of business to build new pacific Highway.

Attracted investor for Highway Service Centre. Facilitated Bio Dental new facility. Develop the Macksville memorial aquatic centre into a regional swimming facility new FINA blocks and starting system now 8 lanes, painting of facility.

Maintain the cattle industry network by gaining EPA approval for implementing new effluent system ensuring the sustainability of the sale yards into the future.

Provide business and marketing information to all new business and investment enquiries

 

Manager Business Development

Database of economic information and development opportunities on Council website.

Production and availability of brochures, kits and promotional materials

Developing new social media marketing material including investment attraction material data, skills attraction.? Develop electronic media material. Develop new 2013 economic profile, deliver new marketing material and promote at the Australian Tourism exchange to promote international tourism visitation. Present new Aboriginal tourism product to the market.


10. 1 Objective: Economic Activity continued

The Nambucca Valley has a strong economy, with a thriving and diverse business community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

 

Liaise with local business and State and Federal government departments concerned with industrial and regional development

 

General Manager

Manager Business Development

Regular meetings with local businesses.

Regular meetings with relevant State and Federal departments.

Implemented new clean energy funding AusIndustry for Mainstar. Business feasibility funding for Mid Coast Trucks and Express Coaches future developments. Australian Precast solution / Boral concrete traffic study for new highway upgrade Upper Warrell creek.

Funding for sale yards effluent and Swimming pool upgrade. Implementation of NBN wireless communication poles throughout the shire.

Participate in local and regional marketing events and promotions, including regional tourism promotions and events

 

Manager Business Development

Attendance/participation at events.

Participated in Country Week, Regional Tourism events and marketing initiatives including the Legendary Pacific Coast x 4 campaigns. Attended Newcastle Tourism trade show

Facilitate the adequate supply and take-up of land for new business development

 

Manager Business Development

Supply and take-up of zoned land for development.

Industrial land, Macksville new business enquiry regarding fuel storage depot, a new packaging facility and other highway related enquiries.

Apply for and secure grant funding from State and Federal government agencies for project development within the Shire

 

Grants Officer

MBD

Number of successful grants

Amount of funding received.

Federal Government funding to Main star for solar energy. Bio dental for Expansion funding.

EPA for sale yard effluent system implementation. WASIP funding for effluent system and acquitting funding.


10. 1 Objective: Economic Activity continued

The Nambucca Valley has a strong economy, with a thriving and diverse business community

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Foster local development opportunities and economic self-sufficiency through promotion, lobbying and direct action (continued)

Skill up community organisations through workshops/seminars to apply for available grant funding from government agencies.

 

Grants Officer

Number of participating organisations in workshops.

 

Assistance provided one-on-one in relation to specific applications

 

Tourism award, Community achievement awards Bowraville, Tidy towns Bowraville.

 

?Implementation of NBN wireless as per telecommunication strategy Achieved.

Report to Council on development proposals for Council-owned land

 

Manager Business Development

 

Sold Lot 1 and 3 Coronation Park, Short Street Nambucca Heads.?

Ensure the services of the Visitor Information Centre are well-utilised through training volunteers and developing promotional materials

 

Manager Business Development

Updated displays and brochures

Bookeasy system is used

Famils conducted

Guides and marketing material current

Famils, new Do Your Bit campaign energy efficiency, visitor guides, new website look and updated and upgraded booking system. Reprint of brochures.

 

 

 


 

Strategic Direction: Dynamic, Resilient Local Economy

 

10.2 Objective: Employment

Nambucca Valley residents have increased opportunities for employment

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Foster local employment opportunities, reducing the unemployment rate in the Nambucca Valley

Promote the availability and benefits of providing apprenticeships and traineeships, to industries, businesses and schools

 

Manager Business Development

Trainee staffing maintained

Increase in number of trainees

Industry skills expo with local TAFE and Industry. Technology workshops ETC,

 

Online marketing workshop Coffs Coast Digital Enterpise NBN.

 

Assist industry with sustainability to retain existing staff levels.

Inform local business of the New Dam project to ensure local content. Inform local business networks of Pacific Highway business opportunities.

Maintain links with the State and Federal agencies and non-government agencies with a role in employment and economic development

 

Manager Business Development

Industry outcomes

Trade and Investment, Industry Mid North Coast, Manufacture Coffs Coast. NSW business chamber, the small business commissioner reduced work comp premiums by 7%

 


 

Strategic Direction: Dynamic, Resilient Local Economy

 

10.3 Objective: Income and Wealth

Our residents have access to an improved standard of living

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Assist people to improve their standard of living through the support of programs

Provide financial support for Rural Financial Counseling.

Manager Community and Cultural Services

Payment of $3,800 is made.

Annual report to Council on service provided.

AGM was held 28 November 2012. Annual Report was received and made available for viewing. Offer of funding for Service was withdrawn following Council?s review of its Donations Policy.? The Committee may apply under the new procedure.?

Conduct regular meetings with existing businesses to disseminate information and build networks.

Manager Business Development

Regular meetings are held.

Maintained all existing networks

 

Strategic Direction: Dynamic, Resilient Local Economy

 

10.4 Objective: Skills Development

Residents of the Nambucca Valley have access to a range of opportunities to improve skills which will enable them to participate in the local economy

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Increase opportunities for and participation in school and post school education and training

Lobby for and support the establishment of education and training facilities and initiatives.

General Manager

Manager Business Development

Number of letters written and meetings attended.

DEEWR, RDA, Industry Mid North Coast, Aged Care, tourism, CSU, SCU, Catholic Church, Uniting Church

Promote the availability and benefits of providing apprenticeships and traineeships, to industries, businesses and schools

Manager Business Development

Trainee staffing maintained.

Increase in number of trainees.

New trade training allowance, local Skills Expo with Industry

 


Strategic Direction: A Sustainable Water Cycle

 

11.1 Objective: Water Management

Ensure the water resources of the Nambucca Valley are used sustainably, meeting current and future demand

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide a water supply that meets Government standards, through continued? implementation of the integrated water cycle management strategy for water supply

Let tender for construction of proposed off river storage project, subject to State funding being received

Manager Water and Sewerage

Successful tender is awarded and project began.

Tender awarded by Council for two contracts in August 2012. Preliminary works commenced in December 2012 and project construction scheduled for completion in February 2014.

 

Project totals $54M with Federal and State Governments contributing $24.8M

Refurbish existing older concrete reservoirs

Manager Water and Sewerage

Improved water quality and safer working conditions for maintenance workers.

Replacement of internal steel? ladders with FRP ladders?

Continue replacement of remaining asbestos cement pipework in reticulation system

Manager Water and Sewerage

Amount of asbestos cement pipe removed.

AC pipe replaced in Lower Lee Street

Renewal of fluoridation and chlorination plants

Manager Water and Sewerage

Water treatment to required standard.

Sodium hypochloride dosing pumps upgraded with duty/standby system.

Fluoride plant upgraded to latest technology with subsidy from NSW Health. Plant installed ready for commissioning.

Regular maintenance and improvements to the system

 

Manager Water and Sewerage

Meeting maintenance standards.

Installation of pressure reduction valves to reduce leakage and number of breakages.

Timely responses to emergencies

 

Manager Water and Sewerage

Time taken to respond.

Staff respond within two (2) hours

 

 


Strategic Direction: A Sustainable Water Cycle

 

11.2 Objective: Sewerage Services

Ensure the capacity of Nambucca Valley?s sewerage services meet population growth and community expectations for improved effluent quality

 

Four Year Delivery Objective

Operational Plan Actions

Lead responsibility

Annual Success Measures

Achievement

Provide a water and sewerage supply which meets Government standards through implementation of the integrated water cycle management strategy for sewage collection and treatment.

Completion of Nambucca Heads Sewerage Augmentation project.

Manager Water and Sewerage

Improved quality of treated sewage at Nambucca Heads.

Contract works completed.

Full responsibility for operation and maintenance of plant now rests with Council.?

Construction of sewerage pump stations at South Macksville urban release area.

Manager Water and Sewerage

Improved sewerage infrastructure.

One pump station completed. Second pump station scheduled to go to tender late 2013

Ongoing sewage pump replacements and mains replacement/rehabilitation works.

Manager Water and Sewerage

Improved sewerage infrastructure.

Pumps replaced in Nambucca Pump Station 10 and Macksville PS 12. Ongoing improvements to pumps station lids.

CCTV investigation of existing sewerage pipe network.

Manager Water and Sewerage

Completion of project enables Council to determine where rehabilitation works are required and to develop works program.

CCTV investigations completed and a works program is being developed for rectification works.? Cross connections of stormwater drainage to sewer have been identified for Council to request remedial action from ratepayers.

Effective treatment and maintenance of the system.

 

Manager Water and Sewerage

100% compliance with EPA requirements and licence conditions.

Council carries out regular monitoring program in accordance with EPA requirement. Some non ?conformance at Bowraville STP and with phosphorous level at Nambucca STP

Timely response to emergencies.

 

Manager Water and Sewerage

Staff arrive within 2 hours.

All surcharge incidents are responded to in a timely manner.

 


Ordinary Council Meeting?????????????????????????????????????????????????????????????????????????????????????????? 11 September 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.3??? SF1031??????????? 110913???????? Adoption Of Local Approvals 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 adopt the three (3) Draft Local Approvals Policies following the public exhibition period and consideration of the submissions received.

 

 

Recommendation:

 

1??????? That the 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, be adopted.

 

2??????? That the Draft Local Approvals Policy - Keeping of Animals, as amended, be adopted.

 

3??????? That the Draft Local Approvals 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 adopted.

 

4??????? That the Council?s Policy Register be updated.

 

 

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.

 

'Approval' means approval of an activity that is listed in the Table accompanying Section 68 of the NSW Local Government Act 1993. This should not be confused with a requirement for a 'Development Consent' issued in accordance with the provisions of the Environmental Planning and Assessment Act 1979. While certain activities may be exempt from 'approval', they may still require 'development consent'.

 

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 Approvals 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 NSW Environmental Planning and Assessment Act, the Protection of the Environment Operations Act and the Swimming Pools Act.

 

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 section 68 of the NSW Local Government Act 1993 transferred to the NSW 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.

 

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.

 

In summary section 68 of the Act covers activities which require the approval of Council and section 124 of the Act covers orders which Council may make to do or refrain from doing a specified thing.

 

Submissions

 

Name

Submission

Comments

Widdrington

(TRIM 19961/2013)

 

 

 

 

Draft Local Approvals Policy ? Keeping of Animals

 

? Option 1 ? Council does not adopt as a policy but rather creates education material based around the information of what any policy would have contained.

 

Rationale ? the majority of the existing council policy is enforced by relevant legislation and by introducing education material to that effect fulfils Council?s obligations.

 

? Option 2 ? Council adopt the Draft Policy, however consider making the following small edits/changes:

 

Edit

??This Act requires dogs (cats) to be:

a)?? microchipped by 6 months of age, and

b)?? to be registered with the Council.?

 

To read

?This Act requires dogs (cats) to be:

a)?? permanently identified (microchipped) by 12 weeks of age, and

b)?? lifetime registered by 6 months of age with Council.?

 

Raise the number of adult cats and dogs allowed to be kept from 2 to 3.

 

 

Option not preferred

 

 

 

 

 

 

 

 

 

The suggested changes are supported and the Policy has been amended accordingly

 

 

 

 

 

 

 

 

 

 

 

Suggestion not supported

 

 

 

Nambucca Shire Council Access Committee

(TRIM 21449/2013)

Draft Local Approvals 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

 

The Committee resolved on 27 August 2013 to make the following submission to the review of use of road reserves:

 

That in regard to the review of Local Approvals Policy - Use Of Road Reserves And Public Land For A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street vending and Other Structures, Council note that for the safety of people with disabilities, the Access Committee does not support A-frame and similar signs on footpaths. 

 

The position of the Access Committee is noted.

 

The Policy was adopted in 2009 following extensive community engagement.

 

The public exhibition of the Policy was primarily to meet legislative requirements and therefore any proposed substantive change to the Policy would require significant engagement with stakeholders, including local businesses.

??

 

 

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. No consultation was required prior to adoption by Council.

 

Council resolved on 25 July 2013 to exhibit the policies and that a further report be prepared for the Council Meeting to be held on 11 September 2013.

 

The policies were exhibited for 28 days from the 26 July to 23 August, with comments accepted for 42 days up to 6 September, 2013. Copies of the draft Policies were available during the exhibition period from Council offices and branch libraries. The documents were also available on the website.

 

 

SUSTAINABILITY ASSESSMENT:

 

The Policies promote 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 - DRAFT 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

11466/2009 - DRAFT Local Approvals 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

3View

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

0 Pages

??


Ordinary Council Meeting - 11 September 2013

Adoption Of Local Approvals 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.

 

---oo0oo---


Ordinary Council Meeting - 11 September 2013

Adoption Of Local Approvals Policies

 

 

 

 

 

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 - 11 September 2013

Adoption Of Local Approvals 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 - 11 September 2013

Adoption Of Local Approvals 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 caf?, 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 Caf? 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, caf?, 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, caf?, 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 caf?s 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 Caf? 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 - 11 September 2013

Adoption Of Local Approvals 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 - 11 September 2013

Adoption Of Local Approvals 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 - 11 September 2013

Adoption Of Local Approvals 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