NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 October 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 - 16 October 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 - 26 September 2013

5        NOTICES OF MOTION

5.1     Notice of Motion - Change to XPT Train Service Timetable (SF92)............... 6

5.2     Notice of Motion - Valla Quarry Compliance with Consent Conditions (SF1431).................................................................................................... 7

5.3     Notice of Motion - Request for Leave 31 October 2013 to 15 November 2013 - Cr Brian Finlayson (SF1226)....................................................................... 8  

 

6        PUBLIC FORUM

i)            Ms Leslie Warren  -  Condition of Kesbys Road Eungai

 

DELEGATION

9.7     DA2013/57 - Demolition of existing building - dual occupancy - subdivision 33

         i)       Robert and Lyn Fletcher – Objectors

         ii)       Ron Hawkins - Applicant

 

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................................................................ 9

9.2     Status of DA2012/011 - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood........................................................................................ 15

9.3     Completion of Macksville Saleyards Upgrade............................................ 19

9.4     Council Meeting Arrangements................................................................. 22

9.5     Adoption of On Site Sewage Management Plan 2013 ................................ 24

9.6     Minutes of the Access Committee meeting held 24 September 2013........... 27

9.7     DA2013/57 - Demolition of existing building - dual occupancy - subdivision 33

9.8     Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 September to 4 October 2013...................... 52

9.9     Contract Regulatory Officer's Report September 2013............................... 55

9.10   DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd...................................... 56

9.11   Boulton's Crossing (Gumma Reserve)....................................................... 69

10      Assistant General Manager Corporate Services Report

10.1   Investment Report To 30 September 2013................................................. 78

10.2   Loans Program 2013/2014........................................................................ 84

10.3   Schedule of Council Public Meetings......................................................... 85

10.4   Welsh Pioneer Park Committee of Management - Annual General Meeting - 28 August 2013 - Minutes......................................................................... 86


11      Assistant General Manager Engineering Services Report

11.1   Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)......................................................................................... 90

11.2   T006/2013 - Tender Surf Life Saving Services........................................... 92

11.3   Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013....... 95    

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

12.1   T006/2013 - Tender Surf Life Saving Services

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

 

12.2   Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

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

  

            a     Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

    TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

         (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

   


Ordinary Council Meeting                                                                                      16 October 2013

Notice of Motion

ITEM 5.1     SF1817            161013        Notice of Motion - Change to XPT Train Service Timetable (SF92)

 

AUTHOR/ENQUIRIES:   Rhonda Hoban, Councillor         

 

Summary:

 

Council has received representations from Nambucca Heads residents who are concerned about the announcement by Transport NSW that the 2.41pm XPT train from Sydney to Brisbane will no longer stop at Nambucca Heads. Under the new arrangement passengers travelling form Nambucca Heads to Brisbane will now depart Nambucca Heads by Trainlink road transport and travel to Macksville to connect with the XPT service. This proposal will significantly inconvenience Nambucca Heads residents and tourists and the regular provision of a bus link to Macksville will come at a considerable cost to the public purse.

 

 

 

Recommendation:

 

That Council write to Transport NSW and the Hon Andrew Stoner MP requesting the reinstatement of the Nambucca Heads stop of the 2.41 pm Sydney to Brisbane XPT train.

 

 

 

DISCUSSION:

 

Council has received representations from Nambucca Heads residents who are concerned about the announcement by Transport NSW that the 2.41pm XPT train from Sydney to Brisbane will no longer stop at Nambucca Heads. Under the new arrangement passengers travelling form Nambucca Heads to Brisbane will now depart Nambucca Heads by Trainlink road transport and travel to Macksville to connect with the XPT service. Conversely, those passengers wanting to travel to Nambucca Heads will alight at Macksville and catch the Trainlink road transport to Nambucca Heads.

 

Nambucca Heads Railway station serves more than 10,000 residents as well as tourists. Many of the Nambucca Heads residents who use the rail service are elderly and choose to travel by train because they find sitting in the confined space of a car or coach for long trips uncomfortable and the train is a very cost effective means of transport. The rail service is also popular with tourists, particularly backpackers; students; and families travelling long distances with children.

 

The reason given for the change is a combination of train passing requirements and restricted platform access. However Council has been provided with a copy of a submission by one Nambucca Heads resident who was for many years responsible for train timetables in NSW. In his submission he sets out how the train passing requirements could be met while still allowing for a passenger stop at Nambucca Heads station.

 

It is also difficult to conceive how the provision of a bus service from Nambucca Heads to Macksville and return every day could be justified and there is concern that in the future it will be dropped for cost reasons and residents will be forced to pay taxi fares

 

The rail service has operated successfully for many years with six daily services from Nambucca Heads station. Residents wish that arrangement to continue.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

Notice of Motion

ITEM 5.2     SF1817            161013        Notice of Motion - Valla Quarry Compliance with Consent Conditions (SF1431)

 

AUTHOR/ENQUIRIES:   Kim MacDonald, Councillor; Brian Finlayson, Councillor; John Ainsworth, Councillor         

 

Summary:

 

Council should stop purchasing product from the Valla Quarry until the development application seeking modification has been determined or until the date of commencement of the consent of the “New Accounting Year” has been agreed to; and the proprietors of the Quarry be issued with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of quantities extracted

 

 

Recommendation:

 

1        That Council stops purchasing product from Valla Quarry until the development application seeking modification has been determined or until the date of commencement of the consent of the “New Accounting Year” has been agree to.

 

2        That the proprietors of the Quarry be issues with “Show Cause” Notice to demonstrate why they should not be fined for breach of consent provisions in respect of quantities extracted.

 

 

 

MANEX COMMENT

 

Council’s work program has an imminent job to reconstruct a section of Valla Road at a cost in excess of $300,000.  If the motion is supported Council may care to consider excluding this job from the motion otherwise the materials will have to be trucked from Macksville.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

Notice of Motion

ITEM 5.3     SF1817            161013        Notice of Motion - Request for Leave 31 October 2013 to 15 November 2013 - Cr Brian Finlayson (SF1226)

 

AUTHOR/ENQUIRIES:   Brian Finlayson, Councillor         

 

Summary:

 

I request leave for the period 31 October 2013 to 15 November 2013 inclusive.

 

 

 

Recommendation:

 

That Cr Brian Finlayson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 31 October 2013 to 15 November 2013 inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                      16 October 2013

General Manager

ITEM 9.1     SF959              161013        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 October 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.

 

AGMCS

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.  No evidence letters were sent.  GM sent letter to the Minister, the Hon. Duncan Gay on 10 September 2013.

 

Staff met with ARTC last week to investigate access along the rail corridor.  No alternative identified. Council can only access its roads and bridges with plant less than 9 tonnes.

 

 

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 2 September 2013.

 

 


 

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.  Reminder letter sent 13 September 2013.

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.

AUGUST 2013

11

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.

12

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.

 

AGMCS

Report in September 2013.

 

Deferred to October 2013.

13

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.

14

SF85

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

 

Response received 5 September 2013, copy provided to Councillors for information.

 

Will be reported in October 2013 following RFS Liaison meeting - 10 October 2013.

 

15

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.

At the request of Cr Morrison this item has been deferred to the first meeting in November 2013.

16

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.

 

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

Manager Technical Services has requested a further review of these sections of the Drive

 

17

SF84

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

Letter sent 9 September 2013

SEPTEMBER 2013

18

SF1620

11/09/2013

That a report come back to Council regarding companion animal management & options to improve animal welfare and housing and possible options to improve Council’s performance including the consideration of initiatives by other councils.

 

GM

Report in October 2013

19

SF1875

11/09/2013

Council undertake a community awareness program on plans to apply for a SRV of up to 3% for up to 4 years from 2014/15.  The review of the LTFP includes & excludes SRV options.  Alternative scenarios to a rate rise, such as borrowings and LIRS be also considered in the LTFP.  Other rate increase options to be considered including an increase of 3% for one year only.

 

GM

Work plan completed.  Next target is to have Asset Management Plans completed by 27 September 2013.

 

 

20

SF1755

11/09/2013

That half yearly progress reports be submitted to Council on the Business Services Unit in February and August.

 

GM

Report February 2014

21

SF1823

11/09/2013

That in future reports Council receive details of the number and value of the construction certificates issued.

 

GM

Report October 2013 onwards

22

SF1823

11/09/2013

An on-site inspection of DA2013/057 occur prior to the determination of the application by Council.

 

GM

Inspection to be scheduled for 16 October 2013

 

 

23

LF6417

11/09/2013

That Council dye test the spring (above 8 Creek Street) which has been identified and inspect the stormwater drainage of those properties identified as possible sources of ground and surface water.

 

AGMES

Dye test undertaken and no impact on 8 Creek Street identified.  Further investigation for other properties is required.

 

 

24

SF1621

11/09/2013

That Council schedule an Adaptive Management Workshop for 2pm on 31 October to review the Adaptive Management Strategy, form and Adaptive Management Committee and clarify the role of that Committee and how it will operate.

 

AGMES

Workshop scheduled for 31 October 2013.

25

SF1431

11/09/2013

That Council inspect the (Valla) quarry & the location of houses in relation to the quarry prior to making any decision.  That Council provide the quarry operators with 28 days to lodge an application to modify the development consent; otherwise Council will take legal action.

 

GM

Rescission motion lodged.  Action on hold.

 

Rescission motion lost.

 

Inspection to be arranged in November 2013.

26

SF1690

11/09/2013

Council note the required variation to its budget to be reported with its September quarter budget review (Skate Park)

 

GM

Report in November 2013.

27

 

26/09/2013

A report be brought back to Council on a MoU and how Council can assist the Macksville RSL Sub Branch (re memorial in River Street)

 

GM

Report in October 2013

28

SF1817

26/09/2013

Council write to the NSW Small Business Commissioner and ask her if Council can be included in the forthcoming Pilot Program to encourage Councils to support small business.

 

GM

 

29

SF1817

26/09/2013

Council receive a report on the possibility of conducting a public auction to dispose of surplus material and small equipment from Council’s works depot.

 

AGMES

Report to November 2013 meeting.

30

SF844

26/09/2013

Council seek a more detailed report on the cost/benefit of the relaxation of the water extraction licence during the initial filling of the dam.

 

AGMES

GM has spoken to MWS.  A letter is being sent to the Office of Water requesting the relaxation of flow rules for 12 months to assist with the initial filling of the dam.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.2     DA2012/011     161013        Status of DA2012/011 - Proposed 346 Lot Residential Subdivision - Alexandra Drive, Bellwood

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

Council received a development application for one of the largest residential subdivisions ever proposed in the Shire on 3 February 2012.  There were firstly substantial delays in obtaining the necessary information to place the application on public exhibition.  However the public exhibition concluded in September 2012 and there have been further delays in reaching agreement as to how the proposed link road between Marshall Way and Alexandra Drive is to be dealt with.  The applicant’s position is that the link road is not integral to the subdivision.  Council’s consultant who is assessing the application believes it is integral to the subdivision.  The Rural Fire Service have also required that the Link Road be constructed as part of their general terms of approval.

 

The option put by the applicant’s consultant is that Council take responsibility for obtaining approval for the Link Road via a Review of Environmental Factors under Part 5 of the Environmental Planning and Assessment Act.  This option will require a substantial commitment of staff time as well as some consultancy expenses.

 

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.

 

      A planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:

      (a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but

      (b) not including the making of an order under Division 2A of Part 6 of that Act.

 

 

 

Recommendation:

 

That the information concerning the status of DA2012/011 and the briefing of the Joint Regional Planning Panel on Friday 18 October 2013 be received and that a further report come to Council on the outcome of the Panel’s briefing.

 

 

OPTIONS:

 

The report is for information.

 

DISCUSSION:

 

On 3 February 2012 Council received a development application for a 346 lot residential subdivision off Alexandra Drive at Bellwood.  The development was listed with an estimated value of $18m.

 

At Council’s meeting on 16 February 2012 it was resolved to endorse the appointment of a planning consultancy, All About Planning (Mr Peter Chapman), to undertake the assessment of the development application which is to be determined by the Joint Regional Planning Panel.  Given the significant work required and the reduction in staffing numbers in the Section it was considered preferable to manage this workload spike via an independent external consultant than by using Council staff.

 

It was reported to Council’s meeting on 15 March 2012 that the development application had been the subject of a preliminary assessment and that additional information had been requested before the application could be placed on public exhibition.

 

The development application was subsequently placed on public exhibition on 16 August 2012 for 28 days.

 

Council received 131 individual submissions, a petition with 35 signatures as well as three submissions from local Aboriginal organisations.  A summary of the submissions was reported to Council’s meeting on 29 November 2012.

 

In the report to Council’s meeting on 29 November, two critical issues were identified and reported on.  Firstly, the construction of the Link Road from Marshall Way to Alexandra Drive was identified as a critical component of the proposed development and as such it was argued that it should be part of the formal application.  It will be recalled that arising out of the earlier subdivision of Marshall Way, Council was left holding as owner in fee simple the Link Road corridor being a reservation approximately 20m wide and 200m long. Council had also adopted a Section 94 Plan for the construction of the Link Road.  Secondly concern was expressed with the proposed dedication to Council of approximately 21 hectares of mainly vegetated SEPP 14 wetland,

 

At Council’s meeting on 12 December 2012 it was resolved that Council consider a Voluntary Planning Agreement prepared and submitted by the proponent for the construction of the Link Road.  Council also resolved, “that in the event that DA 2012/011 is approved by the Joint Regional Planning Panel and the construction of the “Link” road is undertaken pursuant to a Voluntary Planning Agreement, Council authorise the proponent and their approved contractors to enter upon the land to construct the road and ancillary works as required and in accordance with the construction certificate issued for the road and the terms of the Voluntary Planning Agreement.  It was also resolved that the dedication of the wetland areas be subject to the submission of an Environmental Management Plan which determines a monetary contribution for Council’s ongoing management of the wetland areas for a period of 5 years.

 

At Council’s meeting on 28 February 2013 it was resolved to endorse for exhibition a draft Voluntary Planning Agreement (VPA) for the construction of the Link Road.  In essence the draft VPA provides that all Section 94 contributions for the upgrading of Marshall Way/Alexandra Drive be directed to the proponent until the construction costs incurred are fully reimbursed.  In 2009, the construction cost of the “link” road was estimated to be $774,360.  What the VPA will mean is that until the agreed project cost for the link road is reimbursed there will be no Section 94 contributions allocated to the other works identified in the Bellwood Local Roads and Traffic Infrastructure Developer Contributions Plan 2009.  The other works listed in the works schedule are:

 

Intersection upgrade: Pacific Highway and Bellwood Road $1.24m

Roundabout construction:  Bellwood Road and Mumbler Street $1.12m

Intersection upgrade: Pacific Highway and Riverside Drive $1.16m

Bellwood Road upgrade between Mumbler Street and Marshall Way $130,000

Roundabout construction: Bellwood Road and Marshall Way $407,000

Bellwood Road upgrade between Mumbler Street and Pacific Highway $865,000

 

As yet the draft Voluntary Planning Agreement has not been placed on public exhibition.

 

In May 2013 the applicant submitted additional information being an ecological assessment for threatened species being the Barred cuckoo-shrike and Little Tern as well as an assessment of the recently declared Lowland Rainforest of Sub Tropical Australia EEC.  The applicant also forwarded information prepared by Ecological Australia for the Council owned land to be developed as an extension to Marshall Way.  This information would be pertinent to a review of environmental factors.

 

The Mayor, General Manager, Manager Applications and Compliance and council’s consultant, Mr Peter Chapman met with the applicant’s consultant, Mr Geoff Smyth on 12 July 2013.  Notwithstanding that the Rural Fire Service have required the construction of the Link Road in their general terms of approval, Mr Smyth did not agree to the incorporation of the link road in the development application as reported to Council and recommended by Council’s consultant.  Mr Smyth expressed the view, “that we do not consider it is an integral part but rather a mutually desirable component in the interests of good planning, the Council and the Rural Fire Service (RFS).  We consider that there are alternative bushfire hazard reduction options other than completing the link road that would satisfy the RFS and therefore the completion of the link is not integral.  It is however preferable for all parties.”

 

Council is not in a position to force the applicant to include its land, being the link road, in the development application for the subdivision.  As such some work has progressed on undertaking a Review of Environmental Factors (REF) as required by Part 5 of the Environmental Planning and Assessment Act.  In preparing a concept design for the road it is apparent that approximately 650m2 of the Lowland Forest EEC would need to be removed.  There are also significant Aboriginal cultural issues pertaining to the Link Road which the Council would be obliged to deal with.  The third issue is that the road will be constructed in acid sulphate soil which requires an acid sulphate soil management plan.

 

There will be a substantial commitment of resources required by Council to complete the REF for the link road.  Besides the required documentation, the cultural issues are such as to require further public consultation which will to a large extent replicate the consultation process which has already occurred with the development application.  Even if Council undertakes all of this process, based on the applicant’s position that the link road is not integral to the subdivision, it will be a matter for Council as to whether or not the link road proceeds.

 

Council’s consultant, Mr Peter Chapman has now arranged a meeting with the Joint Regional Planning Panel to brief them on these issues.  The meeting is to be held in the Council Chambers on Friday 18 October 2013 and will include a site visit.  The JRPP secretariat has advised that only panel members and council assessment staff should attend the site visit / briefing.

 

 

CONSULTATION:

 

There has been extensive consultation in the assessment of this development application.  There has been no consultation in preparing this report for information.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report is for information and does not have any environmental implications.

 

Social

 

The report is for information and does not have any social implications.

 

Economic

 

The report is for information and does not have any economic implications.

 

Risk

 

There are significant risks to Council should it embark on the Part 5 review of environmental factors for the proposed link road.  These risks include the potential for a legal challenge.  It may be queried why the Council should be faced with such risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.  However if Council proceeds to prepare an REF for the Link Road it is likely to incur costs.

 

Source of fund and any variance to working funds

 

If Council proceeds to prepare a REF there will be an impact on working funds.

 

Service level changes and resourcing/staff implications

 

A substantial commitment of staff resources will be required to prepare the REF.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.3     SF15                161013        Completion of Macksville Saleyards Upgrade

 

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

 

Summary:

 

Council has now completed the upgrade of the Macksville Saleyards in accordance with the Deed of Agreement which was entered for the transfer of ownership of the Showground and Saleyards.

 

The upgrade to a state where it is now “fit for purpose” has been completed at a cost of approximately $120,000 compared to the initial estimates of $800,000.  The installation of a proper effluent management system will also reduce the cost of effluent disposal from approximately $22,000 per annum (depending upon the amount of wet weather) to $4,000 per annum.

 

Council’s Manager Business Development and the Nambucca River District Agricultural Association deserve credit for this outcome.

 

 

Recommendation:

 

1        Council note the finalisation of the upgrade of the Macksville Saleyards to a state where it is “fit for purpose” at a cost of $120,000 compared to the initial estimates of $800,000.

 

2        That the Nambucca River District Agricultural Association and Council’s Manager Business          Development be formally thanked for their work in implementing the upgrade of the          Macksville Saleyards.

 

 

OPTIONS:

 

The report is for information.

 

 

DISCUSSION:

 

In 2011 Council’s Manager Business Development was directed by the General Manager to review the sustainability of the Macksville Saleyards after a number of reports to council and the resignation of the Property Officer.

 

Council will recall that a previous report by a lawyer, Mr Gerry Holmes assisted by a saleyard operator indicated that an investment of $800,000 was required to bring the Macksville Saleyards up to the required standard from a work, health and safety perspective.  This included the implementation of a proper effluent management system to replace the existing pump out arrangement.

 

The Manager Business Development then invited WorkCover to undertake a safety audit of the saleyards and to provide a second opinion (at no cost) of the work the Holmes Report deemed necessary.  The WorkCover inspection found that it was only the grandstand seating that was non-compliant.  Council then resolved to replace the grandstand at a cost of $20,000.

 

After the replacement of the grandstand the Manager Business Development obtained a letter of compliance from WorkCover NSW identifying the saleyards were fit for purpose. This only left the requirement by the EPA for council to find and implement an appropriate effluent management system to deal with a high rain fall event that had the potential for pollution of the Nambucca River system its oysters. The other option was to close the sale yards and cease the pump out of effluent that was costing Council approximately $22,000 per annum.

 

The Manager Business Development then researched two options for effluent management systems identifying option two as the preferred option.  White Head and Associates then provided an environmental report to gain development approval from both council staff and the EPA.

 

Option two, the preferred and now installed system provides a first flush primary treatment system where the effluent is stored in the event of a major rain event and processed within water tanks on site.  The treated effluent can also be reused for example for hosing down the saleyards.  Alternatively it can be irrigated.

 

The total cost of this system after sign off by the EPA; consultant White Head and Associates and council staff was $100,489.61. This cost to council was funded through grant funding of $37,877.00 from the State Government’s Waste and Sustainability Improvement Program, $45,000 from the Council’s Environmental Levy Fund with the balance of $17,614.61 being met by the General Fund.

 

The effluent management system has ongoing running costs of an estimated $4,000 per annum related to the bacterial additives and electricity for 72 hours per fortnight.  These running costs are now the responsibility of the new owners.

 

The effluent management system which is now in use at the Saleyards is used in several other saleyards around regional NSW.  The system has received positive feedback from other operators.

 

The installation required the Manager Business Development to apply some practical solutions to issues which were discovered. This included the installation of additional gross filters in the solids separation sump; a gangway to service the macerator pump in the sump; a 150mm overflow pipe; a number of quick release fittings around the yard to limit hose weights for wash down; as well as first flush valves in each tank to allow pump out trucks to remotely access each tank as required.

 

The Showground site and Saleyards were previously unmetered in terms of its water consumption and this has now been changed with the installation of a water meter.  With the increase in the cost of water, this is consistent with Council’s approach to other facilities.  It will help ensure that water is not wasted.

 

 

CONSULTATION:

 

The Manager Business Development had extensive consultation with representatives of the Nambucca River District Agricultural Association, WorkCover, the EPA and the contractors who prepared the design and undertook the work.

 

The NSW Farmers and Nambucca Valley oyster groups have been briefed on the upgrade of the effluent system.  They were very grateful for the work which has been done.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The installation of the effluent management system is a significant environmental improvement.

 

Social

 

The transfer of the Showground and Saleyards to the Nambucca River District Agricultural Association should have no social impacts as the new owners will be providing the same services.

 

Economic

 

There are no significant economic impacts.  Local contractors were used to install the effluent management system and to replace the grandstand.

 

Risk

The report is for information.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budget arrangements for the Saleyards upgrade are discussed in the report.

 

 

Source of fund and any variance to working funds

 

A budget variation will be required in the September quarter budget review for the $17,614.61 referred to above.

 

Service level changes and resourcing/staff implications

 

With the transfer of the Showground and Macksville there will be a significant savings in staff time.  The staff who will have more time available as a consequence of the transfer of ownership are:

 

Manager Business Development

Technical Officer – Assets in relation to attending to maintenance issues, essential fire services etc

Parks and Reserves Crew in relation to mowing and brush cutting

Safety and Risk Officer in relation to building insurance and risk matters

Various outdoor staff who attended to maintenance issues – there have been regular requests for repairs

Finance staff in processing orders for work

 

Most of these staff costs have been previously reported.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.4     SF271              161013        Council Meeting Arrangements

 

AUTHOR/ENQUIRIES:   Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council advertise a proposed change to its Code of Meeting Practice to provide for two Council meetings per month being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that with inspections to be scheduled immediately prior to either meeting.

 

 

OPTIONS:

 

Council has considerable discretion as to when it meets and the time at which it meets.

 

DISCUSSION:

 

A recent change to the employment arrangements of a Councillor prompted a review of Council’s meeting arrangements.

 

Council meets at 5.30pm on the last Thursday of the month and at 8.30am on the Wednesday two weeks and one day before the last Thursday.

 

Inspections are scheduled for the Wednesday mid-month meeting.

 

The Wednesday mid-month meeting being a day meeting is potentially inconvenient to any Councillor or member of the public who has to leave their normal paid employment to attend.  It is understood that a day meeting may be preferred by people who undertake shift work but this is not the case for the majority.

 

Also Council’s senior management can be required to attend evening meetings at no cost to Council and thereby undertake more work for Council by attending an evening meeting instead of a day meeting.

 

Taking these matters into consideration it is proposed that there continue to be two meetings per month, being at 5.30pm on the last Thursday of the month and 5.30pm on the Thursday two weeks before that.

 

Where inspections are required they will be scheduled immediately prior to either meeting.  With two meetings available for inspections there should only be rare occasions where the attendance of Councillors is required before 4.00pm on the meeting day.

 

A change in Council’s meeting arrangements has to be incorporated in the Code of Meeting Practice.  The Code of Meeting Practice can only be varied by advertising any changes for a period of not less than 28 days and allowing a period of 42 days for comment.

 

Subject to the advertising of the proposed change and the determination of any submissions, it is proposed that the change to Council’s meeting arrangements take effect from January 2014.

 

CONSULTATION:

 

There has been consultation with the Mayor and Manex.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The proposed meeting schedule should make Council meetings more accessible to the general public.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risks.

 

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

 

The proposed change to meeting times should marginally increase the productivity of senior staff.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.5     SF1232            161013        Adoption of On Site Sewage Management Plan 2013

 

AUTHOR/ENQUIRIES:   Paul Guy, Manager Development and Environment         

 

Summary:

 

Councils On-site Sewage Management Policy was prepared to provide a framework for implementation of ecologically and socially sustainable On Site Sewage Management practices and was reviewed in early 2013

 

On the 10/07/2013 council resolved to advertise the revised plan for community consultation and provide local plumbers with a copy of the draft for comment and following the exhibition period a further report being presented to council for adoption.

 

 

 

Recommendation:

 

That the draft revised On Site Sewage Management Plan 2013 be adopted

 

 

OPTIONS:

 

That council reconsider adopting the plan in favour of further amendments

 

That council retain the existing plan

 

DISCUSSION:

 

The existing plan last reviewed in 2009 has out-dated legislation

 

The revised plan has been advertised for an appropriate period and no submissions have been received

 

The revised plan provides a standard and consistency in industry delivery and facilitates compliance with legislation. It has been sent to all plumbers and appears to meet the industry expectation as there has been no negative feed back

 

CONSULTATION:

 

The plan/procedure has been evolved to clarify council requirements for the submission of an application for On Site Sewage Management in relation to Cl 81 Local Government Regulation 2005 and Cl 29, Cl 43 of the Local Government Act 1993

81 What matters must accompany an application?

An application must be accompanied by such matters as may be prescribed by the regulations and such matters specified by the council as may be necessary to provide sufficient information to enable the council to determine the application.

43 Matters to be taken into consideration in determining applications for approval to operate system of sewage management

In determining an application for approval to operate a system of sewage management, the council must consider any matter specified in guidelines or directions issued by the Director-General in relation to the environment and health protection matters referred to in clause 29 (2).

 

 

 

29 Matters to be taken into consideration in determining applications for approval to install, construct or alter sewage management facilities

 (1) In determining an application for approval to install, construct or alter a sewage management facility, the council must take into consideration the matters specified in this clause.

(2) Environment and health protection matters
The council must consider whether the proposed sewage management facility (or the proposed sewage management facility as altered) and any related effluent application area will make appropriate provision for the following:

(a) preventing the spread of disease by micro-organisms,

(b) preventing the spread of foul odours,

(c) preventing contamination of water,

(d) preventing degradation of soil and vegetation,

(e) discouraging insects and vermin,

(f) ensuring that persons do not come into contact with untreated sewage or effluent (whether treated or not) in their ordinary activities on the premises concerned,

(g) the re-use of resources (including nutrients, organic matter and water),

(h) the minimisation of any adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.

 

 

SUSTAINABILITY ASSESSMENT:

 

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

The policy also promotes consistency in the associated industry

 

Environment

 

Enhances the sustainability of Community and Environmental Health particularly the river systems

 

Social

 

Provides for a consistent approach to design and installation of on-site waste management systems which enhances client, consultant and council relations

 

Economic

 

Consistent approach should see consistency in fees and charges

Consultants and Council officers should not have to revisit submissions numerous times

 

Risk

 

Improves risks associated with Council licencing of On Site Waste Management systems and the installation of same

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Improves risks associated with Council licencing of On Site Waste Management systems and the installation of same

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Improved service level and reduction in staff hours reviewing constantly incomplete and inaccurate submissions

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.6     SF1822            161013        Minutes of the Access Committee meeting held 24 September 2013

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 September 2013 are attached for Council’s endorsement. 

 

The minutes contain 2 recommendations requiring Council’s consideration.

 

 

 

Recommendation:

 

1.   That the matters raised by Nambucca River Combined Probus be referred to the Traffic Committee for consideration. 

 

2.   That any monitoring of traffic and pedestrian movements in Riverside Drive at the pedestrian refuge near Riverside Gardens take into account the variable volumes of people and vehicles according to peak and off-peak seasons.

 

3.   That the remaining minutes of the Nambucca Shire Council Access Committee meeting held 24 September 2013 be endorsed.

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

DISCUSSION:

 

Council will note from the minutes that a letter from Nambucca River Combined Probus was tabled at the meeting.  The letter advised that an elderly pedestrian has been hospitalised following an accident at the pedestrian refuge in Riverside Drive Nambucca Heads, near Riverside Gardens.  The letter requested that the pedestrian refuge be made into a marked crossing due to the accident and the number of elderly people, and people using motorised scooters who use this crossing point. A copy of the letter is attached.

 

 

CONSULTATION:

 

Nothing required.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Nothing identified

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified

 

Source of fund and any variance to working funds

 

Nothing required

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

24222/2013 - Minutes of the Nambucca Shire Council Access Committee meeting 24 September 2013

0 Pages

2

23979/2013 - Letter from Nambucca River Combined Probus

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Minutes of the Access Committee meeting held 24 September 2013

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Mrs Margaret Hutchinson

Cr E South

Ms Lyndel Bosman

Cr A Smyth

Ms Coral Hutchinson

 

 

APOLOGIES

 

Ms Jenny Adams

Ms Lee-Anne Funnell

Dr Dorothy Secomb

Mr Peter Shales

Mr Keith Davis

Mr Les Small

Ms Alba Sky

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

Assistant General Manager Corporate and Community Services Report

 

ITEM 3.1 SF1822        240913 Confirmation of the Minutes of the previous Meeting held 27 August 2013

RESOLVED: (SMYTH/SOUTH)

 

The Committee confirmed the minutes of the meeting held 27 August 2013.

 

 

 

ASKING OF QUESTIONS WITH NOTICE - nil

 

 

 

ITEM 3.2 SF1822        240913 Business Arising from Previous Meetings held 23 July and 27 August 2013

 

The Committee noted verbal feedback from the Nambucca Plaza Management that line-marking is scheduled for the next month or so; and also that Council noted the Committee’s views on A-frame signs but adopted the Policy without change.

 

The Committee was also given feedback from the review of the Woolworths Macksville DA (Access Committee meeting 28 May 2013) – related documents to be included in the October agenda.

 

 

 

ITEM 3.3 SF1822        240913 Correspondence to the Access Committee meeting 24 September 2013

The Committee noted the correspondence as reported with the addition of a letter tabled from Nambucca River Combined Probus requesting that the pedestrian refuge on Riverside Drive (near Riverside Gardens) be made into a marked crossing. 

 

RECOMMENDATION:  (SMYTH/HUTCHINSON)

 

1.     That the matters raised by Nambucca River Combined Probus be referred to the Traffic Committee for consideration. 

 

2.     That any monitoring of traffic and pedestrian movements in Riverside Drive at the pedestrian refuge near Riverside Gardens take into account the variable volumes of people and vehicles according to peak and off-peak seasons.

 

 

 

ITEM 3.4 SF1822        240913 Report on General Business to the Access Committee 24 September 2013

The following matters were discussed:

1.     Disability Planning in Local Government.  The Committee decided to proceed with a review of the Disability Action Plan and then to decide whether to develop a new plan, or more clear targets and actions for the Delivery Program and Community Strategic Plan. 

 

2.     Feedback from Good Life Expo – was very good;Open Arms Care Art Exhibition by people with disabilities – Bowra St Nambucca Heads

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 22 October 2013 commencing at 2:00pm.

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting with the time being 3:17 pm. 

 

 

 

SHIRLEY HOLMES

(CHAIRPERSON)

 


Ordinary Council Meeting - 16 October 2013

Minutes of the Access Committee meeting held 24 September 2013

 


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.7     DA2013/057     161013        DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 

AUTHOR/ENQUIRIES:   Anthony Brandie, Senior Health and Building Surveyor         

 

SUMMARY:

 

The Applicant proposes to demolish an existing building on site, construct a detached dual occupancy of mixed construction and subdivide the existing allotment so as to create two allotments within the context of the proposed dual occupancy.

 

A copy of the development plans are a circularised document for Councillors.

 

 

Recommendation:

 

This report recommends that Development Consent be granted for the proposal subject to conditions. A draft Development Consent appears as Attachment 1 (TRIM No. 25007/2013) for the information of Councillors.

 

 

OPTIONS:

 

1.         That Council determine the Development Application by endorsing the recommendation of this report and grant Development Consent to the proposal.

2.         That Council determine the Development Application by refusal.

 

 

DISCUSSION:

 

MATTERS FOR CONSIDERATION – SECTION 79C(1) ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

 

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

 

a)   the provisions of

 

(i)         any environmental planning instruments

 

·      Nambucca Local Environmental Plan 2010 (NLEP 2010) applies:

 

The land is zoned R1 General Residential and the proposal is permissible in this zone with Development Consent. The development does not contravene the maximum height prescribed for this locality, being 8.5 metres. The development also complies with the prescribed floor space ratio of 0.55 for this locality.

 

Cause 5.5 of NLEP 2010 seeks to implement the principles of the NSW Coastal Policy. The proposal is considered to be consistent with the objectives of this clause in so far as minimising impacts on the coastal environment within the bounds of relevant policy framework.

 

·      State Environmental Planning Policy 71 – Coastal protection also applies:

 

The proposal is not considered to conflict with this policy.

 

(ii)        any draft environmental Planning instrument

 

There are none of relevance to this proposal.

 

(iii)       any development control plan

 

·      Nambucca Development Control Plan 2010 applies.

 

Part A3.1 Notification and Public Participation:

 

The application was notified to adjoining property owners in accordance with this provision. Two submissions were received in the form of objection to the proposal. A copy of these appear as attachment 2 and 3 (TRIM No.’s 13043/2013 13063/2013) for the information of Council.

 

Part B Subdivision:

 

The subdivision aspect of this proposal is consistent with these provisions.

 

Part C Car Parking and Traffic:

 

The proposal adequately caters for off street parking as required by this part.

 

Part H Residential Development:

 

The proposed development complies with relevant aspects of these provisions. The Applicant applied for a variation to Clause H4.1.7 Open Space and Landscape. This request was for the terrace area of Dwelling 2 to be considered as private open space. This is considered acceptable in the circumstances given the layout, orientation and functionality of the terrace space.

 

The reduced setback of the garage for Dwelling 1 is also considered acceptable.

 

b)   the likely impacts of the development

 

The principal impact of the proposed development is considered to be view loss from adjoining properties on Matthew Street. This is discussed below in dialogue addressing the submissions from adjoining property owners.

 

c)   the suitability of the site for the development

 

The site is considered suitable having regard to compliance with development standards and availability of services.

 

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

 

Both submissions state strong objection to the proposed development based on the following titled concerns. These are discussed in turn.

 

Amenity – view sharing concerns. Both objections reference the ‘Urban Design Analysis – Matthew St. North Precinct’ component of Nambucca DCP 2010 and particular height restrictions. The proposed development site does not fall into this precinct, therefore does not apply. They both also reference Clause H 2.4.3 of Nambucca DCP 2010, specifically the objective of ‘optimising the retention of views to and from water bodies…and residential allotments’. In the circumstances it is considered impossible to both utilise the development potential of the Waratah Street site, whilst maintaining the collective views from the objector’s properties.

 

Clause 4.2.1 of Nambucca DCP 2010 is also referenced. This covers the concept of ‘View Sharing’. The objectives of this provision are to ensure that building form and design allow for view sharing where possible and ensure that views, including vistas of heritage items or dominant landmarks, or natural features are not substantially affected by new development. It cannot be argued that there will not be view loss from both the objector’s properties as a result of the proposed development, specifically dwelling house 1, positioned to the rear of the Waratah Street property.

 

In order to evaluate potential view loss, the Applicant was requested to place height poles on the development site to identify particular points on dwelling house 1. An orientation map was produced by the Applicant and several photographs were taken from inside the dwellings at No. 3 and No.5 Matthew Street with the height poles in place. These are attached as circularised documents.

 

In determining whether or not view sharing is reasonable, a four step approach has been adopted by the Land and Environment Court of New South Wales (as follows);

 

·      The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

·      The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

·      The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

·      The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

In taking the above into consideration with respect to the development as proposed and consideration of impact on views from the adjoining properties the following observations can be made;

 

1.   The view affected from the first floor of both objectors’ dwellings is that of Wakki beach foreshore and bay in a South/South East direction. The ground floor areas lose the view of Trial Bay headland.

2.   From observations and site inspections, the principal view loss is from the living area of 3 Matthew Street and the kitchen area of 5 Matthew Street. Other rooms include bedrooms, and laundry area. It is noted that the properties affected do not necessarily boast dwelling houses that were specifically designed to capture and amplify views. Views are considered passive within the context of the dwelling designs

3.   If the development goes ahead it is considered reasonable.to say that view loss would be at least moderate. However a large portion of the Pacific Ocean is still visible. It is also prudent to state that both properties affected benefit from redevelopment potential.

4.   Given the level of compliance of the proposed development with planning controls, it is considered acceptable in the circumstances however if opportunity exists (post demolition stage) to lower Dwelling 1 then that should be explored.

 

Compliance concerns. This part questions whether the development complies with the 600 metres square rule for Dual occupancy and subsequent subdivision. The answer is yes the proposal complies with that aspect of the Nambucca DCP 2010 (Clause B3.1.2)

 

Contextual concerns. This point identifies that no other dual occupancies exist in the surrounding area and that such a development will set precedent and contribute to traffic congestion. The dual occupancy is permissible with Development Consent and the fact that no other neighbouring properties have taken advantage of this is a moot point. The development is not considered to impact adversely on car parking in Scott’s Head.

 

Privacy concerns. Both objections raise privacy issues in the form of impact on open space external areas due to the proximity of the development to back yards and an increase in noise levels due to increased housing density. The building elements (as proposed) facing the Matthew Street properties are an open courtyard, and windows in bedrooms, bathrooms, internal staircase and corridor. These elements are not considered imposing and do not dominate that elevation (North) of the building. Impacts therein are considered minor given the setback of the existing buildings. With respect to noise impacts, noise is a subjective issue. Given the location normal day to day noise impacts would, in a broad sense, be determined by the direction of weather and ocean activity. Noise impacts that are significant and ongoing are dealt with via the Protection of the Environment Operations Act, 1997 and on merit.

 

Demolition concerns. Asbestos removal is the principal concern in this regard. Work Cover is the relevant authority for such matters. Appropriate Development Consent conditions have been placed in the attached draft consent.

 

e)   the public interest

 

The proposal is not averse to the broader public interest.

 

 

CONSULTATION:

 

The Development Application was referred to the Rural Fire Service (RFS) as Integrated Development pursuant to Section 100B of the Rural Fires Act 1997. The RFS provided responded on 30 July 2013 with the issuing of a bushfire safety authority for the development with conditions. These conditions are contained in the attached draft Development Consent.

 

The Application was referred to Council’s Manager Technical Services, Keith Williams for engineering input. No objections to the proposal were forthcoming and relevant engineering conditions have been provided for Development Consent.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed development poses no significant impacts to the broader environment.

 

Social

 

The proposed development is not considered to have any adverse social impacts.

 

Economic

 

The proposed development utilises the development potential of the site to maximise yield making economic sense. The increase in density will contribute to Council’s Section 94 plans, Water and Sewer fund and overall rate base.

 

Risk

 

If Council determines the Development Application by means of refusal the Applicant may Appeal the decision to the Land and Environment Court opening up potential financial liability defending such.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No implication

 

Source of fund and any variance to working funds

 

No implication.

 

Service level changes and resourcing/staff implications

 

No implication.

 

 

CIRCULARISED documents – Development Plans and Photographs of Height poles demonstrating impact on views.

 

 

 

Attachments:

1

25007/2013 - DA2013/57 -  Consent - Dual Occupancy - Detached plus demolition of existing building

 

2

13043/2013 - Submission in relation to DA2013/057 - Robert and Lyn Fletcher

 

3

13063/2013 - Submission in relation to DA2013/057 - Jill Edward

 

  


Ordinary Council Meeting - 16 October 2013

DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 

Enquiries to:       Mr Brandie

Contact Phone:    6568 0240

Our Ref:             DA 2013/57

 

 

 

4 October 2013

 

 

 

Mr M G Clark

8602 Magnolia Drive East

HOPE ISLAND  QLD  4212

 

 

 

NOTICE TO APPLICANT OF DETERMINATION OF A

DEVELOPMENT APPLICATION

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

 

 

Development Application No:                 2013/57

Applicant:                                               Mr M G Clark

 

Subject Land:                                          Lot 10 Sec C DP 17707, 2 Waratah Street, Scotts Head

 

Development Proposal:                           Dual Occupancy – Detached, demolition of existing building & Subdivision

 

 


DETERMINATION

 

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

 

Made on:                                                

 

Consent to operate from:                       

 

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

 

 


REVIEW OF DETERMINATION

 

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

 

 


RIGHT OF APPEAL

 

If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within six (6) months after the date on which you receive this notice.

 



Ordinary Council Meeting - 16 October 2013

DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 

DETAILS OF CONDITIONS

 

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1        The development is to be implemented generally in accordance with the plans and supporting documents endorsed with the Council stamp, dated 4 October 2013 and authorised signature, and set out in the following table except where modified by any conditions of this consent.

 

Plan No/Supporting Document

Version

Prepared by

Dated

10-038/1 Floor plans and site plan – proposed dual occupancy

-

Ron Hawkins and Associates

2.4.13

10-038/2 Elevations and sections proposed dual occupancy

-

Ron Hawkins and Associates

2.4.13

10-038/3 Building footprint and plan of proposed subdivision

-

Ron Hawkins and Associates

2.4.13

 

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

 

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

 

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

 

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

 

This condition does not apply:

 

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

b        to the erection of a temporary building.

 

Notification of Home Building Act 1989 requirements

 

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

 

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

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

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

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

i         the name of the owner-builder, and

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

 

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

 

Bushfire mitigation measures

 

4        The development proposal is to comply with the subdivision layout identified on the drawing prepared by Ron Hawkins and Associates numbered 10-038/3, dated 14 June 2013

 

 

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

 

Driveway details required

 

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

 

a        site conditions affecting the access;

b        existing and design levels;

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

d        cross sections every 20 metres; and

e        drainage

f         pavement description

g        evidence a 3 point turn is achievable on the existing carriageway when leaving house 2 to travel back up Waratah Street. Any road widening to accommodate this manoeuvre is at the applicants expense.

 

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

 

Plans of retaining walls and drainage

 

6        The application for a Construction Certificate is to include plans and specifications that indicate retaining walls or other approved methods of preventing movement of the soil, where any excavation or filled area has been approved via this development consent to exceed 600mm in height. Adequate provision must be made for drainage in the design of the structures.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Building materials and colours to be specified

 

7        The application for a Construction Certificate is to include a schedule of finishes which indicates the colour and type of all finished surfaces. The colours and materials must be drawn from colours found in the surrounding natural environment of such as:

 

a        Water – steel blue (rather than blue-green);

b        Tea tree lake – red-brown;      

c        Spinifex – tan, buff, grey-green;

d        Pandanus – grey-green;

e        Rocks – crimson-red, dark greys      

f        Banksia – yellow, grey-green, brown;

g       Sand – wet, dry;

h        Littoral Rainforest – deep green;

i         Coastal Cypress Pines – grey-green, black.

 

The materials and colours of external features of driveways, walkways or large paved areas must be in colours that blend with the surrounding natural earth materials (eg red browns, darker browns, sandy brown) and must be non-reflective.

 

Such plans and specifications must be approved as part of the Construction Certificate.

 

Contributions and Certificate of Compliance (Water, Sewer and Drainage)

 

8        Contributions set out in the following table are to be paid to Council.

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

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

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

1

$12033

$12033

30 June 2014

Sewer

1

$15894

$15894

30 June 2014

TOTAL

 

 

 

 

 

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

 

9        Contributions set out in the following Schedule are to be paid to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Evidence of payment of the contributions is to be provided to the Principal Certifying Authority prior to the issue of the Construction Certificate.

 

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

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Subdivision/dwelling

1

$1904

$1904

30 June 2014

Road Upgrading: Scotts Head Road/Grassy Head Road intersection

Subdivision/dwelling

1

$129

$129

30 June 2014

Surf Life Saving Equipment

Subdivision/dwelling

1

$107

$107

30 June 2014

Section 94 Administration Charge

10%

 

$426.40

$426.40

30 June 2014

TOTAL

 

 

$2566.40

$2566.40

 

 

Long Service Levy to be paid

 

10      A Long Service Levy must be paid to the Long Service Payments Corporation. This amount payable is currently based on 0.35% of the cost of the work. This is a State Government Levy and is subject to change.

 

These payments may be made at Council’s Administration Office. Cheques are to be made payable to Nambucca Shire Council.

 

 

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

 

Erosion & sediment measures

 

11      Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

Plumbing Standards and requirements

 

12      All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, Plumbing and Drainage Act 2011, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

The Plumber must submit a Notice of Works (NoW) prior to any work being commenced on-site:

 

a        No later than 20 business days before the work concerned is carried out in the case of work that requires a proposed alternative solution; or

 

b        No later than 2 business days before the work is carried out in any other case.

 

Residential building work

 

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

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

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

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

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

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

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

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

 

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

 

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

 

Toilet facilities

 

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

 

House numbering

 

15      The street numbering for the proposed development is 2(a) for the front dwelling/allotment and 2(b) for the rear dwelling/allotment. The numbering must be displayed at the main driveway entrance approved for the property.

 

Site construction sign required

 

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

 

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

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

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

 

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

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Maintenance of sediment and erosion control measures

 

17      Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Stormwater drainage work

 

18      Stormwater must be collected and disposed of to the existing water coarse, downstream of the road drainage outlet on the opposite side of the road via an on line stormwater entry pit at the end of the existing kerb line and a suitably sized stormwater pipe traversing the end of the road carriageway.

 

19      Drainage lines within the road reserve must be sewer class or other approved equivalent. The stormwater trench shall have sufficient cover and compaction to withstand vehicular loads. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

Consent required for works within the road reserve

 

20      Consent from Council must be obtained for all works within the road reserve pursuant to Section 138 of the Roads Act 1993. Three (3) copies of engineering construction plans must accompany the application for consent for works within the road reserve. Such plans are to be in accordance with Council's Adopted Engineering Standard.

 

Construction times

 

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

 

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

d        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

Removal of asbestos

 

22      All asbestos wastes associated with removal of the existing dwelling to be disposed of in accordance with the requirements of the WorkCover Authority. The applicant/owner is to produce documentary evidence that this condition has been met. Council requires 48 hours notice prior to disposal at Council’s waste depot.

 

Standards for demolition work

 

23      All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”. Prior to demolition, all services are to be disconnected and capped off.

 

No work is to be commenced in regard to the demolition or removal of the building until such time as the appropriate fees for disconnection of water and sewerage services are paid to Council where such services are no longer required. The sewer drainage system is to be appropriately sealed to prevent ingress of water and debris into the Council’s main. Arrangements are to be made with Council for the withdrawal of the garbage services and collection of the waste bins.

 

 

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

 

Sealed driveway in accordance with Roads Act

 

24      A concrete driveway is to be constructed from the edge of the road formation to property boundary in accordance with the consent and the approved construction plans.

 

 

25      Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

·         Paving to be minimum 125mm thick reinforced with construction joints to suit service trenches.

·         The footpath crossing must be designed to provide a cross-fall of 1% or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

·         Driveway strip drains shall be provided and connected to the drainage system

 

Damage to Council’s Infrastructure

 

26      Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

         Internal driveway in accordance approved plans

 

27      A driveway is to be constructed from the property boundary to the proposed car space/s in accordance with the approved plans.

Works to be completed

 

28      All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

Site to be landscaped

 

29      The site must be landscaped in accordance with the approved landscape plan.

 

Sewer and water to be connected

 

30      Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

 

A Certificate of Compliance and Sewer Service Diagram must be submitted to Council and the owner in accordance with the Plumbing and Drainage Act 2011 and Regulations in the appropriate form within 7 working days of the completed work and prior to an Occupation Certificate being issued.

 

Bushfire mitigation measures

 

Water and Utilities

 

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

 

31      Where modification to the electricity supply is required to be undertaken, due to the proposed subdivision, the work is to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'.

 

32      Water, and gas are to comply with section 4.1.3 of 'Planning for Bush Fire Protection 2006'. Design and Construction

 

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

 

33      Roller doors, tilt-a-doors and other such doors shall be sealed to prevent the entry of embers into the building

34      Roofing shall be gutterless or guttering and valleys are to be screened to prevent the build-up of flammable material. Any materials used shall be non-combustible.

 

35      New construction of proposed dwelling No. 1 (Northern dwelling) and the associated garage, shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

 

36      New construction of proposed dwelling No. 2 (Southern dwelling), shall comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection', except for construction of the garage/terrace area located at the front (Southern part) of the dwelling where this section shall comply with Sections 3 and 6 (BAL 19) Australian Standard AS3959-2009 'Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of 'Planning for Bush Fire Protection'.

 


THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

37      An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Seven (7) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Electricity Supply Certificate

 

38      Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

 

Telephone Supply Certificate

 

39      Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

 

Asset Protection Zones

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

 

At the issue of subdivision certificate and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

 

REASONS FOR CONDITIONS

 

To comply with the provisions of Nambucca Local Environmental Plan 2010.

 

To provide adequate off street parking space for the anticipated traffic that will be generated by the development.

 

To ensure the development is completed in accordance with conditions of consent and approved plans.

 

To ensure adequate access to and from the development.

 

To provide funds for the provision of services and facilities as required by the increased population or activity.

 

To ensure compliance with engineering standards.

 

To minimise the possible adverse effects from bushfires.

 

To ensure compliance with Section 68 of the Local Government Act 1993.

 


 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:       NIL

 

Integrated Development:                         NO

 

 

 


Signed on behalf of Consent Authority

 

 

 

 

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

 

Name:           Anthony Brandie

                     SENIOR HEALTH & BUILDING SURVEYOR

 

Date:             4 October 2013

 

Certifying Authority:       Nambucca Shire Council


Ordinary Council Meeting - 16 October 2013

DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 



Ordinary Council Meeting - 16 October 2013

DA2013/57 - Demolition of existing building - dual occupancy - subdivision

 



Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.8     SF1823            161013        Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 September to 4 October 2013

 

AUTHOR/ENQUIRIES:   Lorraine Hemsworth, Business Service Coordinator         

 

Summary:

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1) (One application is in excess of 12 months old).

 

Table 2 is development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

Recommendation:

 

That the applications where submissions have been received be noted and received for information by Council.

 

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works – Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

Submissions outlined in previous report to Council 27 September 2012 – Item 10.1

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

Meeting with applicant and planning agreed that Council would assess its section of the link road under Part 5 of the EPAA.  Concept plan for Link Road currently being prepared for assessment.  Will be exhibited with VPA.

Status report to Council meeting 16 October

 

Please note that there is one unresolved Development Applications in Excess of 12 months old.

 


TABLE 2: DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2013/029

11/03/2013

32 Lot Large Lot Residential Subdivision plus 1 Rural Residue Lot

Lot 2 DP 773170, 166 Bald Hill Road, Macksville

·     Road design to provide flood free access to eastern end of the proposed subdivision

·     Intersection is extremely dangerous for existing residents as already many accidents

·     Dangerous blind spots on Bald Hill road and grass shoulders

·     Existing wildlife corridor which has been there for more than 50 years – will this be preserved or destroyed?

·     The Road, Power and Phone lines are in constant disrepair

·     Not clear on effluent disposal

·     Enquiring if Council are going to notify all property owners on Bald Hill Road

 

Reviewing DA and submissions

Town Planning Staff and RFS concerns have been reported to applicant

Applicant is preparing amended plans

RFS have now issued conditions.

Negotiating location of road

2013/057

02/05/2013

Dual Occupancy & Demolition of existing dwelling

Lot 10 Section C, DP 17707, 2 Waratah Street, Scotts Head

·     Amenity – view sharing concerns – height limits and loss of views therefore property value decrease

·     Compliance concerns – query on complying with sq metre rule excluding access handles

·     Adjacent windows on 2nd floor overlook external area

·    Privacy concerns – increase in noise levels due to increased housing density and location of buildings

·     Demolition concerns – regarding the removal of asbestos

·     Could set precedent in dual occupancies and parking issues

Officer assessing proposal and submissions

 

Report to 16 October 2013 meeting and listed for inspection

2013/107

02/08/2013

Additions Residential

Lot 7 DP 21223,

61 Palmer Street, Nambucca Heads

·     No heights indicated of proposed dwelling & concerned that from southern elevation it is extremely high and block out Winter sun eg 3 stories

·     Large block and from site plan the eastern side of house is 900 from boundary and neighbours home is 900 from boundary.  Raises concerns with potential fire hazard and potential noise levels

 

Being assessed

Applicant has been asked to submit a formal request to vary DCP requirements

2013/123

06/09/2013

Secondary Dwelling

Lot 3 DP 1098113, 598 Gumma Road, Gumma

·     Northern elevation with largest window and verandah facing directly into main bath room and en suite – no privacy

·     Position of dwelling is 3.915 m from boundary close to neighbours

·     Wife works shift work with noise and dust during construction

·     Suggest southern end of dwelling more appropriate for new dwelling and would not impede on either neighbour with more room

 

Still awaiting information

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.9     SF1148            161013        Contract Regulatory Officer's Report September 2013

 

AUTHOR/ENQUIRIES:   Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Contract Regulatory Officer’s Report for September 2013 – last report.

 

Recommendation:

 

That the report from the Contract Regulatory Officer for September 2013 be received and noted by Council.

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         0

2

Returned to Owner

0

2

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

1

Abandoned or Stray

0

0

Surrendered

0

3

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

0

4

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

0

Sold

0

0

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

0

Feral/infant animal

0

0

Unsuitable for rehoming

0

1

Unable to be rehomed

0

0

Total Euthanased

0

1

Total Outgoing Animals

0

1

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

3

 

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

21

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.10   DA2012/109     161013        DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

 

AUTHOR/ENQUIRIES:   Paul Guy, Manager Development and Environment         

 

Summary:

 

DA2012/109 a development application for a 2 lot subdivision with 2 residual lots was submitted to create the proposed school site. A condition of consent required the proposed collector road to be incorporated within an easement be created over it to ensure that a multiple of approved subdivision development applications could be serviced in the future. A further condition of the consent required;

 

5          Prior to the release of subdivision certificate, the intersection with the collector road and Upper Warrell Creek Road will need to be constructed and completed to Councils satisfaction and in accordance with condition 12 (d) of Consent DA2007/056/01 (see below).

 

d Construction of street formation and asphaltic concrete pavement, together with kerb and gutter and associated drainage works for the proposed streets in accordance with the requirements of Councils Aus-Spec #1 Design and Construction Specifications and DCP No 17.

I. The intersection of the internal collector road with Upper Warrell Creek Road is to be upgraded to the requirements of Councils Aus Spec #1 Design and Construction Specification.

II. A Type C intersection with a sealed shoulder for passing vehicles shall be constructed prior to Council commencing the proposed roundabout at this intersection.

 

DA2007/056/01 required as a condition of consent that;

 

12       The provision by the applicant, at his expense, of the following works and services in accordance with Councils Aus-Spec #1 Design and Construction Specifications and its Water and Sewerage Construction Specifications prior to release of the final survey plan.

 

      d) Construction of street formation and asphaltic concrete pavement, together with kerb and gutter and associated drainage works for the proposed streets in accordance with the requirements of Councils Aus-Spec #1 Design and Construction Specifications and DCP No 17.

 

The intersection of the internal collector road with Upper Warrell Creek Road is to be upgraded to the requirements of Councils Aus Spec #1 Design and Construction Specification.

A Type  A C intersection with a sealed shoulder for passing vehicles shall be constructed prior to Council commencing the proposed roundabout at this intersection.

 

Both of the above conditions state that the intersection is to be constructed by the developer however there is contention by the developer that an agreement was made in the past that identified that the roundabout was unnecessary and that the intersection was upgraded to a Type CUR in lieu of the roundabout. This to be carried out by Council in accordance with the previous Nambucca Development Control Plan No 17 South Macksville Urban Release Area 2005 (since incorporated into DCP 2010 Section J)__

 

The above condition does not reflect this however in reality the roundabout is an obsolete requirement and has been replaced by the Type C Intersection to be provided in accordance with the prior mentioned DCP

 

A Voluntary Planning proposal has been proposed to Council by Ryeline Pty Ltd with respect to construction of the required infrastructure - Upper Warrell Creek Rd intersection which will service the collector Road to several residential subdivisions and the proposed school site in lieu of the payment of Section 94 contributions for (Public Reserves and Community Facilities, South Macksville Roadworks and Upper Warrell Creek Overpass). See circularised/attached

 

The developer seeks to modify several development applications as above described to reflect offer of the planning agreement and consideration of these has been deferred to enable Council to advertise and exhibit the terms of the Voluntary Planning Agreement as proposed.

 

 

 

Recommendation:

 

 

1        That Council note the Terms offered by Ryeline Pty Ltd relating to the Voluntary Planning Agreement for a contribution towards the construction of the intersection to Upper Warrell creek Rd in conjunction with DA’s 2006/056, 2006/092 & 2008/242.

 

2        That Council proceed to prepare a Voluntary Planning agreement in the terms offered by the Ryeline Pty Ltd and that Council advertise and exhibit the Terms of the Voluntary Planning Agreement for the construction of the Upper Warrell Creek Intersection all in accordance with the requirements of the Environmental Planning and Assessment Act.

 

3        That the Mayor and General Manager be authorised to finalise the Agreement following the exhibition period (in accordance with the Terms and Conditions as offered by Ryeline Pty Ltd, including the affixing of Council’s Seal and subsequent registration.

 

 

 

OPTIONS:

 

Option 1

 

That Council not agree to the Planning proposal and fund the roadwork from other contributions for the construction of Upper Warrell Creek Rd

 

Option 2

 

That Council not agree to the Planning proposal and not construct the intersection

 

 

DISCUSSION:

 

Development Application 2007/056 was lodged for a 24 lot subdivision with an entry off Upper Warrell Creek Road that coincided with the roundabout entry in Councils DCP2010 South Macksville Urban Release area by the then owners G & S Welsh. A condition was applied to the development that a type A intersection be provided at the applicants expense prior to council building the roundabout.

 

The property was purchased by Ryeline Pty Ltd and the development application modified to better fit with a number of subdivision applications by Ryeline in 2006.  File notes show that during the modification process discussions were entered into with Manager Technical Services about the need for a roundabout and it was resolved that a Type C intersection was more appropriate. The consent was modified to reflect the Type C intersection as well as other matters but the condition still stated at the owners expense prior to council building the roundabout.  This is not correct for two reasons:

 

i         the Type C intersection replaces the need for a roundabout and

 

ii        the previous Nambucca Development Control Plan No 17 South Macksville Urban Release Area 2005 (since incorporated into DCP 2010 Section J) determined that Council would fund the intersection from Section 94 contributions.

 

At some point during the tenure of the previous AGMC&CS and meeting with the developer, consultants and council staff, concerns were expressed as to council being able to fund the intersection because there were minimal funds available from the Upper Warrell Creek contributions and accordingly a Voluntary Planning Agreement to construct the intersection was suggested by the applicant.

 

Consequently a number of Development Applications (DA2006/056, 2006/092 & 2008/242) were submitted for modification of the Section 94 condition and a draft agreement prepared.

 

The present section 94 amount for the 3 DAs above described less administration fee ($13,338.00 to be paid) is $202,399.00. The proposed intersection is estimated at $192,533.00 (12/04/2013) + 6 Month CPI of 1.75% - $3369.33 = $195,902.33 leaving a surplus amount of $6496.57 to be paid. This has been added to the estimate in the form of administrative and inspection charges by and to Council.

 

 

CONSULTATION:

 

The matter has been discussed with the GM, AGMES. AAGMES, Manager Technical Services and the previous AGMC&CS.

 

Engineering designer Stephen Fowler has carried out an assessment of cost estimate and found it to be realistic.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The intersection with Upper Warrell Creek Rd is an integral part of the Master plan for South Macksville.

 

Social

As above

 

Economic

Council has insufficient funds to allocate to the proposed Intersection.

 

Risk

The intersection is a necessary pacifier for traffic (present and future) on Upper Warrell Creek Rd.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The voluntary Planning Agreement will eliminate Councils need to contribute to the construction of the intersection however Council will not receive contributions for other works in the area from the 3 development applications.

 

Source of fund and any variance to working funds

 

Not applicable if the intersection is constructed under the Voluntary Planning Agreement.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

25220/2013 -  Voluntary Planning Agreement - Upper Warrell Creek Road Overbridge

 

  


Ordinary Council Meeting - 16 October 2013

DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

 

ATTACHMENT A

 

PLANNING AGREEMENT

 

 

Parties

 

 

SHIRE of NAMBUCCA, NEW SOUTH WALES (COUNCIL)

 

and

 

RYLELINE PTY LTD (DEVELOPER)

 

 

Background

 

A.    In August 2010, the Developer made Development Applications to Nambucca Shire Council for Development Consent to modify several Development Consents (DA 2006/056, DA 2006/092 and DA 2008/242) to carry out residential subdivision on the land.

 

B.   The Development applications are now accompanied by an Offer by the Developer to enter into this Agreement to make Development Contributions towards the Public Infrastructure included in these Development Consents.

 

Operative Provisions

 

1.   Planning agreement under the Act

 

The parties agree that this Agreement is a planning agreement governed by Subdivision 2 of division 6 of Part 4 of the Act.

 

2.   Application of this Agreement

 

This Agreement applies to the Land.  Lot 21 DP 1064874 and Lot 34 DP 1042500.

 

3.   Operation of this Agreement

 

Need to specify:

§ Date upon which the Construction Certificate is issued for the works.

 

4.   Definitions and interpretation

 

In this Agreement the following definitions apply:

 

Act means the Environmental Planning and Assessment Act 1979 (NSW)

 

Dealing, in relation to the land, means, without limitation, selling, transferring, assigning, mortgaging, charging, encumbering or otherwise dealing with the Land

 

Development means residential subdivision of Lot 21 DP 1064874 & Lot 34 DP 1042500 known as Macksville Heights Estate.

 

Development Application retains the same meaning as in the Act

 

Development Consent retains the same meaning as in the Act

 

GST has the same meaning as in the GST Law

 

GST Law has the meaning given to that term in A New Tax System ( Goods and Services Tax) Act 1999 (Cwth) and any other Act or Regulation relating to the imposition or administration of the GST

 

Land means Lot 21 DP 1064874 & Lot 34 DP 1042500.

 

Party means party to this agreement, including their successors and assigns

 

Public Infrastructure means construction of intersection of Upper Warrell Creek Road and Road 2 in Macksville Heights Estate.

 

Regulation means the Environmental Planning and Assessment Regulation 2000

 

In the interpretation of this Agreement, the following provisions will apply, unless the context otherwise requires:

 

a)    Headings are inserted for convenience only and do not affect the interpretation of this Agreement

 

b)    A reference in this Agreement to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in Sydney

 

c)    If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day

 

d)    A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars

 

e)    A reference in this Agreement to any law, legislation or legislative provision includes ant statutory modification, amendment or re-enactment, and any subordinate legislation or regulations is issued under that legislation or legislative provision

 

f)     A reference in this Agreement to any agreement, deed or document is to that agreement, deed or document as amended, novated, supplemented or replaced.

 

g)    A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

 

h)    An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency

 

i)      Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

 

j)      A word which denotes the singular denotes the plural, a word which denotes the plural denotes the singular, and a reference to any gender denotes the other genders

 

k)    References to the word ‘include’ or ‘including’ are to be construed without limitation

 

l)      A reference to this Agreement includes the agreement recorded in this Agreement

 

m)   A reference to a party to this Agreement includes a reference to the servants, agents and contractors of the party

 

n)    Any schedules and attachments form part of this Agreement

 

5.   Development contributions made under this Agreement

 

The Works covered by this agreement are:

 

1)    Survey, design and documentation of the works described in (4) including the preparation of a Construction Certificate application (including and Council fees and charges).  The design shall be in accordance with Council’s AUS-SPEC standards

2)    Any environmental investigations required for (1) above

3)    The calling of tenders for the works, their analysis and recommendation of preferred contractor to construct the works.

4)    Construction of the intersection of Upper Warrell Creek Road and Road 2 in Macksville Heights Estate.  The construction will include that described in de Groot & Benson Drawings 10162 – 00 to 13 Amdt B and C  dated April 2013:

a.    Sheltered turning off Upper Warrell Creek Rd into Road 12 

b.    The sealing shall be minimum of 40mm AC.

c.    The pavement design shall be “Collector Road” standard as defined in Council’s DCP 2010.

d.    Table drains  and associated drainage shall be provided as shown on the drawings.

e.    Footpaths shall be provided as shown on the Drawings.

  5) Inspections and administration of the works by Council for a fee of $6,496.00

6)    The maintenance of the works for 12 months following acceptance of the works by Council.

 

6.   Application of the development contributions

 

6.1   The construction works will be completed after the Construction Certificate is issued and the construction carry out in lieu of Section 94 Contributions for public reserves and community facilities, South Macksville roadworks and Upper Warrell Creek overpass on DA 2006/056, DA 2006/092 and DA 2008/242 as modified to the value of $212,399.00.

 

7.   Application of s94 and s94A of the Act to the Development

 

All S94 contributions for public reserves and community facilities, South Macksville roadworks and Upper Warrell Creek on DA 2006/056, DA 2006/092 and DA 2008/242 shall be applied to the construction of the intersection within Upper Warrell Creek Road.

 

7.1 Contributions under S94A are not applicable

 

8.   Registration of this Agreement

 

The Parties shall do all things reasonably necessary to enable Council to obtain registration of this Agreement under s.93H of the Act at the Land and Property Information Division of the Department of Lands (NSW), such that on registration of this Agreement, the Registrar General will have made an entry in the relevant Folio(s) of the Register kept under the Real Property Act 1900 in relation to the Land.

 

9.   Review of this Agreement

 

The Parties agree that from time to time it may become necessary to review this Agreement, however any amendment to this Agreement shall only be effective if in writing and signed by all Parties and duly Registered under s.93H of the Act.

10.
Dispute Resolution

 

10.1                If a dispute arises out of or relates to this Agreement, including any dispute as to breach or termination of this Agreement or as to any claim in tort, in equity or under any legislation, a Party cannot commence any Court proceedings relating to the dispute unless that Party has complied with the following clauses except where that party seeks urgent interlocutory relief.

 

10.2                A Party claiming that a dispute has arisen must serve a notice specifying the nature of the dispute.

 

10.3                On receipt of that notice by that other Party, the Parties must endeavour, in good faith to, resolve the dispute using dispute resolution techniques

 

10.4                If the Parties do not reach agreement within seven (7) business days of service of the notice, or any other period agreed to  in writing by them as to:

§ The dispute resolution technique and procedures to be adopted

§ The timetable for all steps in those procedures; and

§ The selection and compensation of the independent person required for that technique,

Then the Parties must mediate the dispute in accordance with the Mediation Rules of the Law Society of New South Wales and must request the President of the Law Society of New South Wales or the President’s nominee to select the mediator and determine the mediators renumeration.

 

11. Enforcement of this Agreement

 

Subdivision consent shall be dependant on the intersection being constructed prior to release of the first subdivision plan for the approved estate.

 

12. Notices

 

12.1                Any notice, consent, information, application or request that must or may be given or made to a Party under this Agreement is only given or made if it is in writing and sent in one of the following ways:

                       

§ Delivered or posted to that party at its address set out below

§ Faxed to that Party at its fax number set out below

§ Emailed to that party at its email address set out below

 

Council                        Nambucca Shire Council

 

Attention:                  General Manager

 

Address:                   44 Princess Street

                                 Macksville. 2447

 

Fax Number:                       02 6568 2201

 

E mail:                      council@nambucca.nsw.gov.au

 

Developer                Ryleline Pty Ltd

 

Attention:                  Mr Barry Kerr

 

Address:                         353 Taylors Arm Road, Macksville NSW  2447

 

Fax Number:                      

 

E mail:                     

 

12.2                If a Party gives the other party three (3) business days notice of a change to its address or fax number, any notice, consent, information, application or request is only given or made by that other Party if it is delivered, posted or faxed to the latest address or fax number.

 

12.3                Any notice, consent, information, application or request is to be treated as given or made at the following time:

 

§ If it is delivered, when it is left at the relevant address

§ If it is sent by post, two (2) business days after it was posted

§ If it is sent by fax, as soon as the sender receives from the sender’s fax machine a report of an error free transmission to the correct fax number.

 

12.4                If any notice, consent, information, application or request is delivered, or an error free transmission report in relation to it is received, on a day that is not a business day, after 5pm on that day in the place of the Party to whom it is sent, it is to be treated as having been given or made at the beginning of the next business day.

 

13. Approvals and consent

 

Except as otherwise set out in this Agreement, and subject to any statutory obligations, a Party may give or withhold an approval or consent to be given under this Agreement in that Party’s absolute discretion and subject to any conditions determined by the Party. A party is not obliged to give its reasons for giving or withholding consent or for giving consent subject to conditions.

 

14. Assignment and Dealing

 

14.1                Until the Developer has delivered its contribution in accordance with this Agreement, the Developer cannot execute any Dealing without the prior consent of Council

 

14.2                The Council may not refuse consent to any Dealing unless the Dealing is likely to, in the opinion of the General Manager of the Council, prevent, hinder or otherwise present a risk to the timely payment of the contribution

 

15. Costs

 

15.1                The Developer will pay all Stamp Duty imposed on this Agreement and the costs of Registering this Agreement.

 

15.2                In all other respects, each Party must bear its own costs

 

 

16. Entire Agreement

 

This Agreement contains everything to which the Parties have agreed in relation to the matters it deals with. No Party can rely on an earlier document or anything said or done by another Party, or by a director, officer, employee or agent of that Party, before this Agreement was executed, except as permitted by law

 

 

17. Further Acts

 

Each Party must promptly execute all documents and do all things that another Party from time to time reasonably requests to affect, perfect or complete this Agreement and all transactions incidental to it

 

18. Governing law and jurisdiction

 

This Agreement is governed by the law of New South Wales. The Parties submit to the non exclusive jurisdiction of its courts and courts of appeal from them. The Parties will not object to the exercise of jurisdiction by those courts on any basis

 

19. Joint and individual liability and benefits

 

Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by two (2) or more persons binds them jointly and each of them individually, and any benefit in favour of two (2) or more persons is for the benefit of them jointly and each of them individually.

 

20. No fetter

 

Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.

 

21. Representations and warranties

 

The Parties represent and warrant that they have power to enter into this Agreement and comply with their obligations under the Agreement and that entry into this Agreement will not result in the beach of any law.

 

22. Severability

 

If a clause or part of a clause of this Agreement can be read in a way that makes it illegal, unenforcable or invalid, but can also be read in a way that makes it legal, enforcable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforcable or invalid, that clause or part of clause is to be treated as removed from this Agreement, but the rest of this Agreement is unaffected.

 

23. Modification

 

No modification of this Agreement will be of any force or effect unless it is in writing and signed by the Parties to this Agreement.

 

24. Waiver

 

The fact that a Party fails to do, or delays in doing, something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by another Party. A waiver by a Party is only effective if it is in writing. A written waiver by aParty is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

 

25. GST

 

If any Party reasonably decides that it is liable to pay GST on a supply made to the other Party under this Agreement and the supply was not priced to include GST, then the recipient of the supply must pay an additional amount to the GST on that supply.


 

Execution

 

Dated: ####

 

Executed as an Agreement:  ####

 

 

 

SIGNED AS AN AGREEMENT

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

 

……………………………………………….              ……………………………………….

GENERAL MANAGER                                            MAYOR

 

 

 

 

 

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….              ………………………………………

DIRECTOR                                                   SECRETARY

 

 

 

……………………………………………….              ………………………………………

NAME                                                            NAME

 


Ordinary Council Meeting - 16 October 2013

DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

 

ATTACHMENT B

 

 

Environmental Planning and Assessment Regulation 2000

 

 

Clause 25E

 

Explanatory Note

 

Draft Planning Agreement

 

Under s.93F of the Environmental Planning and Assessment Act 1979

 

1.   Parties

 

Nambucca Shire Council, (the Planning Authority)

 

Ryleline Pty Ltd (the Developer)

 

2.   Description of Subject Land

 

Lot 21 DP 1064874 & Lot 34 DP 1042500

 

3.   Description of Development Application

 

Modification of Development Applications for residential subdivision of Lot 21 DP 1064874 & Lot 34 DP 1042500.

 

4.   Summary of Objectives, Nature and Effect of the Draft Planning Agreement

 

Construction of intersection of Upper Warrell Creek Road with Road 2 in Macksville Heights Estate upon issuing of Construction Certificate for the works in exchange for S94 contributions for the intersection works being directed to Ryleline Pty Ltd until costs are reimbursed.

 

5.   Assessment of the Merits of the Draft Planning Agreement

 

Completion of the intersection at an early stage.

 

The Planning Purposes served by the Draft Planning Agreement

 

Completion of a intersection without Council having to forward fund the construction in the interests of the wider community.

 

How the Draft Planning Agreement Promotes the Objectives of the Environmental Planning and Assessment Act 1979

 

It achieves an important traffic link at an early stage.

 

How the Draft Planning Agreement Promotes the Public Interest

 

It completes an important traffic link ahead of further residential growth.

 


How the Draft Planning Agreement Promotes the Elements of Councils Charter

 

Reduces burden to rate payers in having to forward fund road construction leaving funds available for other priorities.

 

How the Draft Planning Agreement conforms with Council’s Capital Works Program

 

Complies with Council adopted S94 Plan and funds construction at an early stage.

 

Impact of the Draft Planning Agreement on the Public, or any section of the Public

 

Agreement will have a positive impact by completing the intersection at an early stage.

 

6.   Other Matters

 

Nil

 

 

SIGNED

 

THE COMMON SEAL OF COUNCIL OF )

 NAMBUCCA SHIRE is hereunto affixed )

pursuant to resolution made on

 

 

……………………………………………….              ……………………………………….

GENERAL MANAGER                                            MAYOR

 

 

………………………………………………

DATE

 

Executed by #### (The Developer)

Under Section 127(1) of the Corporations Act 2001

by being signed by:

 

 

……………………………………………….              ………………………………………

DIRECTOR                                                   SECRETARY

 

 

……………………………………………….              ………………………………………

NAME                                                            NAME

 

………………………………………….

DATE


Ordinary Council Meeting - 16 October 2013

DA2006/056, DA2006/092 & 2008/242 - Voluntary Planning Agreement - Upper Warrell Creek Intersection Ryeline Pty Ltd

 

ATTACHMENT C

 

CONDITION OF DEVELOPMENT CONSENT

 

 

Pursuant to section 80A(1) of the Environmental Planning and Assessment Act 1979, the planning agreement that relates to the development applications the subject of this consent must be entered into before release of Construction Certificate.

 

The relevant condition is as follows:-

 

The subdivision shall be serviced by a sealed road connection to an approved permanent constructed intersection off Upper Warrell Creek Road, in accordance with Councils requirements at the time of lodgement of the Construction Certificate.

 

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


Ordinary Council Meeting                                                                                      16 October 2013

General Manager's Report

ITEM 9.11   SF1823            161013        Boulton's Crossing (Gumma Reserve)

 

AUTHOR/ENQUIRIES:   Paul Guy, Manager Development and Environment         

 

Summary:

 

There is significant history with respect to the above reserve and council’s concerns towards its continued operation in a sensitive environment.

 

The site does not have a licence to operate in accordance with Section 68 of the Local Government Act and the requirements of the Local Government (Manufactured Homes estates, caravan parks, camping grounds and moveable dwellings - LGMHE, CP, CG & MD) Regulation 2005.

 

The existing on-site effluent management system requires upgrade and many other areas of the park require upgrade in accordance with the above Regulation if it is to continue to operate in its present manner (as a camping ground and caravan park).

 

The on-site effluent management system completely failed over the recent long weekend and required two pump outs.  It was reported by the pump out contractor that there was a significant inflow of groundwater into the septic system and tank.

 

The report considers the options for obtaining a licence to operate with the preferred option being as a primitive camping ground.

 

To further complicate matters with respect to preparing a licence application for the park it was found on survey that most of the reserve land and buildings were in a road reserve.  If camping is to continue, the road should be closed.

 

 

 

Recommendation:

 

1        That Council licence the reserve as a primitive camping area in accordance with Section 68 of the Local Government Act, Local Government (Manufactured Homes, Movable Dwellings, Caravan Parks and Camping Grounds Regulation 2005) with strict adherence to a maximum number of 60 sites during NSW school holidays and public holiday long weekends and 30 sites at any other times.

 

2        That Council immediately replace the existing septic effluent management system with a pump out system as described in the report.

 

3        That Council close the crown road reserve which dissects the site.

 

4        That Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.

 

5        That Council prepare a Bush Fire Management/Emergency Evacuation Plan for the Reserve. 

 

6        That Council contract out the day to day operation of the Reserve as discussed in the report.

 

 

 

OPTIONS:

 

1        That Council pursue licencing as a caravan park and camping ground and prepare an objection to requirements in the Regulations (as later reported) for concurrence of the Director General; or

2        Close the reserve.

 

 

DISCUSSION:

 

Local Government Regulations

 

Council must prepare an application in accordance with section 68 of the Local Government Act to operate a caravan park and camping ground.

 

The application must be accompanied by a plan of the park showing all buildings and designated camp sites and accordingly Council’s surveyor carried out a survey which delineated amongst other things that the existing buildings and a large portion of the camping area were within a road reserve.

 

Also the application to licence a caravan park/camping ground requires compliance with clauses within the Local Government Regulations for caravan parks and camping grounds.

 

Whilst the park enjoys existing use rights as a primitive camping ground, Council must obtain a licence/approval for its operation.  There are numerous standards set out in the regulations which cannot be met.

 

Alternatively council may continue to operate the reserve as a primitive camping area reducing upgrade costs and maintaining the park in an ecologically sustainable manner.

 

This has been reported to council in the past defining a primitive camping ground as two camp sites per hectare inferring that only two caravans, campervans or tents were permitted per hectare at any one time.

 

From the following legislation

 

1)      If an approval to operate a primitive camping ground designates one or more camp sites within that ground, then the maximum number of designated camp sites is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground).

 

2)      The following conditions apply to a primitive camping ground:

 

(a)     if the approval to operate the primitive camping ground designates one or more camp sites within that ground—camping is not permitted within the primitive camping ground other than on those designated camp sites,

(b)     if the approval to operate the primitive camping ground does not designate one or more camp sites within that ground—the maximum number of caravans, campervans and tents permitted to use the camping ground at any one time is not to exceed a mean average of 2 for each hectare of the camping ground (where that figure is the average calculated over the total area of the primitive camping ground),

 

It is easy to see how the interpretation was made however Clause 2a allows council to designate camp sites to limit the impact on the environment and the legislation controls the size of any designated campsite by controlling the separation of the campers ie:

 

a)      a caravan, annexe or campervan must not be allowed to be installed closer than 6 metres to any other caravan, annexe, campervan or tent,

b)      a tent must not be allowed to be installed closer than 6 metres to any caravan, annexe or campervan or closer than 3 metres to any tent

 

Accordingly, utilising the site plan and delineating trees, access, buildings, emergency vehicle area, sensitive areas and 10 metre setbacks from the river over 4 designated camp sites it has been extrapolated that Council could permit 30 caravans/campervans or upwards of 75 tents at any one time. (Note that a tent can be a combination of tents from the one family accommodating no more than 12 people).

 

Needless to say that at any one time there will be a combination of both however from local knowledge we are aware that most occupation annually is by caravans and campervans and that tent occupation is prevalent during the September/December/January school holidays, Easter and special weekends.

 

Therefore council may set a maximum figure of say 60 camping vehicles and tents during the holiday periods and a maximum of 30 at all other times.

 

The Regulations do not apply apart from the need to address bush fire warning and evacuation which is a significant issue. It is suggested that an appropriate consultant be engaged to prepare a report on possible protective measures, warning and evacuation plan.

 

Depending on the recommendations in the report the park may be retained in its present state with minor improvements and maintenance only. I reference at this point that council has resolved previously to upgrade the on-site waste management system on this site.

 

Council needs to be diligent in the control of the number of campers and to this end it is suggested that a booking system be introduced which may be bookings in advance or on the day by attendance at council offices or the information centre. The system needs to be designed in such a way that there is a recognised cut off point for booking at any time.

 

Recent Issues

 

Over the recent school holidays and particularly the Labour Day October long weekend there were significant issues at the Reserve with the septic tank failing and also with overflowing garbage.  As Council’s Ranger was not available to collect camping fees, a security contractor was employed to collect camping fees and there were a number of altercations with people refusing to pay the increased camping fees and then refusing to leave.  Council’s works staff were also abused when they attended the site to sort out the septic and garbage issues.  Arrangements will need to be put in place to ensure this does not occur during the Christmas holiday period.

 

It was also noted that a number of fires had been lit notwithstanding there was a total fire ban over part of the period.

 

Future

 

There have been a number of recent reports to Council as well as meetings of a Stakeholder’s group to consider the future use of the Reserve.

 

The most recent resolutions of Council have been:

 

From 13 March 2013

 

7/13 RESOLVED:

 

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

 

2        That Council note the applications will come to Council with a report on estimated capital and recurrent costs and potential income prior to any decision being made with a report for determination.

 

3        A further meeting of stakeholders be arranged to discuss options for the on-going management of the Reserve.

 

 8/13 Resolved:

 

That Council consider the appropriate fees for the Gumma (Boultons Crossing) Reserve when developing its 2013/14 budget.

 

From 10 April 2013

 

16/13 RESOLVED:

 

That Council charge $5 per child and $10 per adult per day, with fee collection to be carried out on a daily basis at the Gumma (Boulton’s Crossing) Reserve.

 

From 27 June 2013

 

45/13 RESOLVED:

 

1        That Council note the outcome of the stakeholder meeting held on 6 June 2013.

 

2        That Council resolve to close the section of public road traversing the Gumma (Boulton’s          Crossing) Reserve and attach Council’s seal to any documents as required.

 

3.       That Council acknowledge that the Gumma (Boulton’s Crossing) Reserve has existing use         rights as a camping ground.

 

Decisions about the future of the Reserve do require consideration of the estimated capital and operating costs and potential income as identified in the resolution of Council’s meeting on 13 March 2013.

 

Operating Costs

 

The long standing arrangement with the previous Committee of Management was that the Committee made an annual contribution to Council ($7,000 in 2010/11) in exchange for which Council undertook the mowing, garbage collection, toilet cleaning and on occasion attended to maintenance.  The operating costs which were borne by Council were not attributed specifically to the Reserve, being included in general reserves and town services budgets.  The time taken by Council staff obviously depended on the season and particularly school holiday periods.

 

The mowing of the Reserve is undertaken by contract at a current price of $198.00 (including GST) per mow.  It is estimated that the Reserve is mown about 12 times per year.  Therefore the total cost of mowing is approximately $2,400 per annum.

 

Council’s Overseer who is responsible for the Town Services crew indicates that the occupancy of the Reserve has changed over the years.  Now there tends to be campers there all the year round whereas in past years there were often lengthy periods when there was no camping.

 

In relation to the Reserves operating costs under the Committee of Management, putting aside whether or not the $7,000 contribution from the Committee of Management was sufficient to cover Council’s costs, the Committee did cover its costs and in fact at the time of hand over had a cash reserve in excess of $25,000.  This was achieved with a camping fee of only $12 per site per night.

 

With the demise of the Committee of Management and the requirement to change the septic system Council will incur other operating costs.  Firstly the collection of camping fees requires the daily attendance of a staff member and on weekends and public holidays this has to be paid for at overtime rates.  Secondly, if Council proceeds with the installation of a “pump out” septic system as indicated below, there will be on-going pump out costs.  The estimate is that in peak periods it will need to be pumped out every 5 days at a cost of between $400-$500. 

 

Operating Revenue

 

The previous camping fee was $12 per site per night with no limit on the number of people on a site.  In April, Council resolved to increase the fee to $5 per child and $10 per adult per day with daily fee collection.

 

Assuming an average of 2.5 persons per site, with a maximum capacity of 60 sites in peak holiday periods the Council’s new fee regime would provide a daily income of $1,500.  This would seem more than sufficient to cover operating costs.

 

It is recommended that Council revert to a site based fee of $20 per day, based on a maximum of 5 persons per site with additional persons paying at the rate of $5 per day.  Achieving compliance is easier with a site based fee than a fee which relies on someone trying to count people who may or may not be in attendance at the camp site.

 

Capital Costs

 

1        Septic System

 

Council needs to immediately replace the failed septic system or alternatively close the Reserve.

 

A pump out septic system as reported to Council’s meeting on 13 March 2013 has been sized and costed as follows:

 

·    Capacity Based on 80 Equivalent Persons (at peak holiday times it may be necessary to supplement with portaloos)

 

Maximum load

 

·       pedestals, 5 Basins + Portable camping toilets and Motor Home with removable cassettes

 

·    As referenced by AS 1547.2000 Appendix 4.2D an allowance of 65L per person per day for Bore Water should be accepted as a minimum.

 

Withholding on site

 

·       Maximum 7 days peak period but may extend longer in off peak periods

 

 

Calculations

 

(A)

Daily usage Peak referencing AS 1547.2000 Appendix 4.2D

80EP x 65L/EP  = 5200L/EP/Day –x 7 Day = 36400L/Week

 

(B)

Based on 1 Pedestals used twice daily 24L x 80 EP = 1920L Day

Based on 1 basins at 6L/Minute x 3 Minute use x Twice daily = 36L x 80EP = 2880L Day

Combined total of 4800L daily x 7 Days = 33600L/Week

 

(C)

Include 5 Portable Cassette Toilet empties @ 10L/each = 50L Day x 7 Days = 350L Week

 

Combined Total of B and C = 33950L / 7 Days

 

Pre treatment

 

·      It is recommended that a septic tank with Integral baffle be installed having a combined treatment and storage capacity of 7000L

 

Post Treatment storage

 

·      It is recommended that a post treatment storage collection well of a minimum of

25000L capacity be installed.

 

·      The post treatment collection well be vented to atmosphere to prevent explosive gas build-up and a high level alarm and light be installed with “whom to contact details”

 

Method of Disposal

 

·    The 25000L collection well be emptied each 5 day period during peak periods and as necessary during off peak periods

 

·       The 7000L pre treatment be emptied at the end of each peak period.

 

Design requirements

 

·    7000L all Purpose Septic Tank and 25000L collection well be raised so as 300mm above FFL of existing amenities or alternatively each tank has a bolt down sealed lid so as to prevent water ingress during periods of inclement weather/ flooding

 

·    Both tanks be fully vented to atmosphere with both Induct and Educt vents in accordance with AS3500.2003

 

·    A Mid level warning light 75% capacity  and a High level alarm and light 90% capacity be installed with relevant signage to advise “whom to contact”

 

·    A water meter be installed to the bore water supply system to verify consumption vs. disposal to ensure council is adequately and appropriately charged buy contractor.

 

·       Both Tanks require concrete toeing to prevent floating when emptied.

 

Estimated Costing

 

Council’s current contractor advises that based on 25000L an approximate price of $400 plus disposal charges.

 

Mid Coast Concrete Products

 

1 x 22,500 Litre Concrete Tank = $3,000.00 (includes 30% fly ash in concrete mix)

1 x Light Duty Cover Slab = $950.00 (includes 600 Dia “Gatic” Lid & PVC access couplings)

1 x Crane / Truck Delivery = $600.00

1 x External coating of Tank = $750.00

Total = $5,300.00 + GST

As per discussions they would install reinforcing stater bars to the outside base circumference to allow 3 to 4 cubic metres of concrete around the Tank when installing it (to prevent floating).

 

Everhard Industries

 

Based on 2 x 4000L Aqua Nova Poly Tanks in series to avoid integral baffle failure $5000

Mid and High Level alarm system $ 800

 

Labour , Materials and Machinery Estimated  $20,000

 

Total Installation Estimate $31,100 plus GST

 

WHS note, soil removed for new tanks must be treated as contaminated and disposed of in accordance with regulations due to existing Septic Disposal Area

 

2          Replacement of Amenities

 

It has been previously reported to Council that the amenities are in poor condition and will need to be replaced in the foreseeable future at an approximate cost of $150,000.  Council has made several attempts for grant funding from Crown Lands Public Reserves Management Fund, so far without success.  It will be difficult for Council to fund the replacement of the amenities from its own funds.  This is the major discernible risk to Council and whether or not this risk is warranted depends upon the value attached to the Reserve in terms of tourism and its related economic benefits, its recreational benefit to local residents as well as an assessment of the likelihood of contributory grant funding or some other funding partnership.

 

Way Forward

 

The report advises that Council can now achieve regulatory compliance under the caravan and camping regulations with no change to the standard of service.

 

Council now needs to either commit to replacing the septic system or alternatively close the Reserve and remove the amenities.

 

It is recommended that Council commit to replacing the septic system with funding to be provided from the $28,300 held in the cash reserve passed to Council by the Committee of Management with the balance to come from currently unallocated funding in the Environmental Levy.

 

Once the septic system has been replaced it is recommended that Council seek expressions of interest for a contractor to be responsible for the daily operation of the camping reserve, including attending to its maintenance and the collection of camping fees.  It is proposed that the initial lease be for a relatively short term of 12-18 months to enable the collection of financial data, following which there would be a tender to operate the reserve for a longer period of say 3-5 years.

 

Council’s Manager Business Development who has considerable experience in tourism and business development has offered to undertake the necessary project management in relation to replacing the septic system and then developing a leasing arrangement to shift responsibility for the day to day operations to a contractor.  It is not considered the cost structures under which the Council operates (its award, overheads, etc) nor the potential political pressures which stakeholders can bring to bear is suited to operating what will essentially be a business.

 

CONSULTATION:

 

·          Previous reports to council have discussed the resignation of the 355 committee, offers of hand over to Government Agencies etc.

·          Council’s Plumbing and Drainage Inspector has carried out design work for the Onsite waste management system.

·          General Manager has had considerable input into the future of the reserve and established existing use rights.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The control of the reserve as a primitive camping site will prevent access or disturbance to sensitive areas and maintain the park in an ecologically sustainable manner.

 

Social

 

The recommendations should meet the expectations of people who use the Reserve for camping.  The proposed cap on the maximum number of sites may affect attendance at peak holiday times, but the level of service will continue largely unaltered.

 

Economic

 

A primitive camping area significantly reduces Council’s expenditure on upgrade and maintenance.  The pre-booking of sites reduces the need for collection of fees daily better resourcing staff.  Of concern to users is the present fee structure $5 per child/day and $10 per adult/day. It is recommended that Council revisit this.

 

Risk

 

If council seeks to allow the park to remain open to campers then the risks to people and the environment have to be managed.

 

Above all the existing septic system needs to be replaced or the Reserve should be closed.

 

Council must ensure that the required separation distances between sites are maintained to reduce risk of spread of fire

 

A Bush Fire Management/Emergency Evacuation Plan needs to be prepared.  Besides the risk of bush fire, the access to the Reserve also gets cut during major floods, with the potential for visitors to be cut off.  The cost of this should be able to be met from the camping fee revenue.

 

It should also be noted that the Reserve is crown land for which Council is trustee.  As such Council does not have absolute control of land where it will be investing funds.

 

 

FINANCIAL IMPLICATIONS:

 

These are discussed in the report.  The replacement of the septic system with a pump out system can be met from the existing reserve of $28,300 plus a contingency of say $10,000 to be met from unallocated funding in the Environmental Levy.

 

Source of fund and any variance to working funds

 

Based on the costs and funding identified there will be no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Pre-booking frees up the daily round of collection particularly if campers are not at the site at the time.  It allows Council to track revenue even if day to day operations are contracted out.

 

Contracting out the day to day operations of the Reserve will free up a considerable amount of staff time, particularly for Council’s Rangers and Town Services staff.

 

 

Attachments:

1

23239/2013 - Gumma Reserve Campsites Map

 

  


Ordinary Council Meeting - 16 October 2013

Boulton's Crossing (Gumma Reserve)

 

 


Ordinary Council Meeting                                                                                      16 October 2013

Assistant General Manager Corporate Services Report

ITEM 10.1   SF1875            161013        Investment Report To 30 September 2013

 

AUTHOR/ENQUIRIES:   Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2013 to 30 September 2013 is $436,154.98 (Cash Result)

Estimated Accrual interest up to 30.6.14 is $1,100,786.75.

Anticipated interest return for financial year is $1,536,941.73.

 

The budget allocation for the financial year “2013/14” is $1,068,000.

 

Council currently has $40.38 Million invested:

·      $  5.554   Million with Managed Funds,

·      $  1.501   Million with On call accounts

·      $32.811   Million on term deposits,

·      $  0.514   Million in a Floating Rate Note.

 

This report details all the investments placed during September and Council funds invested as at 30 September 2013.

 

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

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 30 September 2013 be noted.

 

 

 

 

INVESTMENTS PLACED 1 TO 30 SEPTEMBER 2013

Date

 Amount

Period (Days)

Institution Accepted With

Rate

 

 

 

 

 

4.9.13

$800,000.00

147

Bank Of Qld

3.90%

4.9.13

$800,000.00

364

Bank Of Qld

3.90%

10.9.13

$1,000,000.00

On Call

ANZ

3.20%

19.9.13

$1,026,329.84

294

NAB

3.88%

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

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

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

That Council may not meet its budget returns for 2013/2014 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2013/2014 will be completed with the September 2013 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

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

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      16 October 2013

Assistant General Manager Corporate Services Report

ITEM 10.2   SF395              161013        Loans Program 2013/2014

 

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

 

Summary:

 

Council is seeking to take out a reducing balances loan for $1,455,000.00 on a 10 year fixed interest rate (monthly repayments), for infrastructure works.  These borrowings are being subsidised via LIRS (Local Infrastructure Renewal Scheme).

 

 

Recommendation:

 

That Council consider the offers from the seven financial institutions as a late item.

 

 

OPTIONS:

 

There are no options.

 

 

DISCUSSION:

 

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

 

AMOUNT

PURPOSE

TERM

$1,455,000.00

Infrastructure Works $1,455,000.00

 

10 year fixed term interest rate (monthly repayments)

 

The financial institutions will be submitting their offers to Council on 15 October 2013.

 

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

 

CONSULTATION:

 

Accountant

 

 

SUSTAINABILITY:

 

Not Applicable

 

 

FINANCIAL:

 

The loans are provided for in the 2013/2014 adopted budget.

 

 

SOURCE OF FUND AND ANY VARIANCE TO WORKING FUNDS

 

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

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

Corporate and Community Services

ITEM 10.3   SF251              161013        Schedule of Council Public Meetings

 

AUTHOR/ENQUIRIES:   Monika Schuhmacher, Executive Assistant         

 

Summary:

 

The following is a schedule of dates for public Council meetings.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Recommendation:

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

MEETING

DATE

VENUE

COMMENCING

Water Supply Steering Committee

04/09/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

11/09/2013

Council Chambers

8.30 AM

Access Committee

24/09/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

26/09/2013

Warrell Creek Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Water Supply Steering Committee

02/10/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

16/10/2013

Council Chambers

8.30 AM

Access Committee

22/10/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

31/10/2013

Taylors Arm Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Water Supply Steering Committee

06/11/2013

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/11/2013

Council Chambers

8.30 AM

Access Committee

26/11/2013

Council Chambers

2.00 PM

Ordinary Council Meeting

28/11/2013

South Arm Hall

Leave Council Chambers at 4.30 pm

5.30 PM

Ordinary Council Meeting

11/12/2013

Council Chambers

8.30 AM

Ordinary Council Meeting

15/01/2014

Council Chambers

8.30 AM

Ordinary Council Meeting

30/01/2014

Council Chambers

5.30 PM

Ordinary Council Meeting

12/02/2014

Council Chambers

8.30 AM

 

Note:   Departure times to Rural Halls have been added.

Note:   Meetings at the Rural Halls commence with light refreshments at 5.00 pm.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

Assistant General Manager Corporate and Community Services Report

ITEM 10.4   SF345              161013        Welsh Pioneer Park Committee of Management - Annual General Meeting - 28 August 2013 - Minutes

 

AUTHOR/ENQUIRIES:   Monika Schuhmacher, Executive Assistant/Business Services Unit         

 

Summary:

 

The report acknowledges the Annual General Meeting (AGM) on 28 August 2013 of the Welsh Pioneer Park Committee of Management and the new Committee.  A copy of the minutes of this meeting is attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for the Welsh Pioneer Park’s Annual General Meeting which was held on Wednesday 28 August 2013 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

There are no real options.  Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The AGM of the Welsh Pioneer Park Committee of Management was held on Wednesday 28 August 2013.

 

The new Committee of Management for 2012/2013 is:

 

         President                       Maureen Shepherd

         Secretary                       Jeanette Welsh

         Treasurer                       Ben Nabarro

         Committee Members      Robyn Aitken, Heather Battle, Ron Brown, Gary Ferris, Brian and Lorraine

                                               Hemsworth, Bob Locke, Nancy Nealon, Margaret Patmore, Mark Salter,

                                               Bill Shepherd, Ernie Thorne, Cathie Vine, Robert Welsh.

 

It should be noted that the minutes indicate that no financial activities take place with this Committee therefore there is no Statement of Income and Expenditure and Balance Sheet.

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 


Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications on the budget.

 

Source of fund and any variance to working funds

 

There are no implications on working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing/staffing implications.

 

 

Attachments:

1

24143/2013 - Minutes of AGM held 28 August 2013 - Welsh Pioneer Park COM

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Welsh Pioneer Park Committee of Management - Annual General Meeting - 28 August 2013 - Minutes

 


 


Ordinary Council Meeting                                                                                      16 October 2013

Assistant General Manager Engineering Services Report

ITEM 11.1   SF1911            161013        Tender for the supply of SRC & FRC Pipes and associated fittings (T151314MNC)

 

AUTHOR/ENQUIRIES:   Noel Chapman, Manager Civil Works         

 

Summary:

 

Tenders have been invited under and existing arrangement with Regional Procurement.  Tenders closed on 30 July 2013 and tender submissions were received from the following:

 

·          Holcim (Aust) Pty Ltd T/As Humes

·          James Hardie Australia Pty Ltd

·          Cubic Solutions Pty Ltd T/As ADS Pipe (deemed non-conforming).

 

The contract is for a two (2) year period with a one (1) year option.

 

 

Recommendation:

 

1        That Council accept Holcim (Australia) Pty Ltd T/As Humes as the single source supplier of SRC (Steel Reinforced Concrete) Pipes and Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

2        That Council accept James Hardie Australia Pty Ltd as the single source supplier of FRC (Fibre Reinforced Concrete) Pipes & Associated Products at the tendered unit rates for the period 1 October 2013 to 30 September 2015 and that a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 September 2016.

 

 

OPTIONS:

 

1        Accept the tenders

2        Reject the tenders

 

DISCUSSION:

 

The tender closed on 30 July 2013 and tender evaluations conducted on 22 August 2013 at Hunter Councils Administration Centre.  Tender submissions were received from:

 

·          Holcim (Aust) Pty Ltd T/As Humes

·          James Hardie Australia Pty Ltd

·          Cubic Solutions Pty Ltd T/As ADS Pipe (deemed non-conforming).

 

The tender is for a single source contract by pipe class.  The contract value varies according to the budget provided for road maintenance and stormwater drainage works.

 

CONSULTATION:

 

Assistant General Manager Engineering Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

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

 

Economic

 

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

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds available in existing budget items.

 

Source of fund and any variance to working funds

 

Existing budget allocations.

 

Service level changes and resourcing/staff implications

 

There are no changes to levels of service or resourcing.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                      16 October 2013

Engineering Services

ITEM 11.2   T006/2013        161013        T006/2013 - Tender Surf Life Saving Services

 

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

 

Summary:

 

Council uses contract life guards to provide surf lifesaving services in addition to the volunteer surf lifesaving clubs.  The last Agreement expired on the 27 January 2013.

 

Permission to proceed to open tender was sought from Council’s General Manager in August 2013 under Delegated Authority 15.9.

 

Tenders were then called through Tenderlink and advertisements were placed in the Sydney Morning Herald, the Coffs Coast Advocate, the Nambucca Guardian and Council’s website.  The tender closed at 2.00 pm on Thursday 3 October 2013.

 

Two (2) submissions were received from:

 

·          Surf Life Saving Services Pty Ltd trading as Australia Lifeguard Services

·          Lifeguarding Services Australia

 

 

Recommendation:

 

1        That Council award tender T006/2013 to Surf Life Saving Services Pty Ltd trading as Australian Lifeguard Services for the provision of surf lifesaving services on the Nambucca Valley Beaches for a 5 year period commencing 1 December 2013 and terminating on 31 January 2018.

 

2        That Council approve a variation of $1100 to the 2013/2014 budget funded through general funds and the variation be reported at the September budget review.

 

3        That Council not proceed with Schedule 2 (Provisional) within the tender for additional services for extended hours and across the Easter holiday periods due to budget constraints.

 

 

OPTIONS:

 

·             Accept the tender for Schedule 1.

·             Not accept the tender for Schedule 1.

·             Accept Schedule 1 and 2 of the tender and fund the additional cost from within general funds.

·             Council could appoint staff and run its own operation.

 

 

DISCUSSION:

 

Council’s contract with Australian Lifeguard Service to provide lifeguard duties over the Christmas School Holidays expired at the end of January 2013.

 

Tenders were called on the basis of providing lifeguard services for 5 year period covering the Christmas Holiday periods of 2013/2014 through to 2017/2018.

 

As part of the tender process, a second ‘provisional only’ submission was also sought should Council decide to extend the life guard services to cover the Easter school holiday periods.  Services under Schedule 2 are provisional only and Council reserves the right to not proceed with this part.

 

The following table shows the patrol areas, patrol strengths, operating hours and dates involved:

 

Schedule 1

 

Beach

Number of Lifeguards

Service Times

Period

Year 1

South Valla Beach
Valla Beach

2

7 Days
9.30 am to 3.30 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

Main Beach
Nambucca Heads

2

5 Days

Monday - Friday
9.30 am to 3.30 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

Forster Beach
Scotts Head

2

5 Days

Monday - Friday
9.30 am to 3.30 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

 

Schedule 2 (Provisional)

 

Beach

Number of Lifeguards

Service Times

Period

Year 1

South Valla Beach
Valla Beach

2

7 Days
9.30 am to 5.00 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

Easter School Holidays 2014

Saturday 12 April – Sunday 27 April inclusive

Main Beach
Nambucca Heads

2

5 Days

Monday - Friday
9.30 am to 5.00 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

Easter School Holidays 2014

Saturday 12 April – Sunday 27 April inclusive

Forster Beach
Scotts Head

2

5 Days

Monday - Friday
9.30 am to 5.00 pm

Saturday 21 December 2013 to Monday 27 January 2014 inclusive of Australia Day

Easter School Holidays 2014

Saturday 12 April – Sunday 27 April inclusive

 

The Volunteer Life Saving Clubs provide the weekend patrols at Nambucca Heads and Scotts Head.

 

Last year (2012/2013) the statistics from the Christmas Holidays were:

 

Scotts Head                   23,109

Valla Beach                      7,697

Nambucca Heads             9,173

                                      39,979

 

Two (2) tenders have been received from Surf Life Saving Services Pty Ltd T/as Australian Lifeguard Service and Lifeguarding Services Australia

 

Surf Life Saving Services Pty Ltd trading as Australian Lifeguard Service is the company that has provided the service in previous years.  This company has been very professional and constantly liaises with Council during the contract. 

 

Each tenderer provided a “like for like service” with the main varying factor in price being Australian Lifeguard Services utilise the volunteers to off-set the cost of the service. 

 

CONSULTATION:

 

General Manager

Council during budget deliberations and consideration to extending the service to other holiday periods.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no environmental impact associated with this report.

 

Social

 

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

 

Economic

 

The provision of safe beaches is important to holiday visitors and residents and has an economic impact to businesses relying on our natural beaches.

 

Risk

 

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum. There is a risk of confusion when adjoining Local Government areas have different arrangements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The 2013/2014 budget allocation will require a small variation of $1,100 to meet the cost of the tender.  There is no provision within the budget to extend the service to other holiday periods.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget.

 

Service level changes and resourcing/staff implications

 

The acceptance of Schedule 1 will retain the previous levels of service for the Christmas holiday period. There are no changes or staff implications associated with this report, the contract will be administered in house.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                      16 October 2013

Assistant General Manager Engineering Services Report

ITEM 11.3   SF90                161013        Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

AUTHOR/ENQUIRIES:   Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 8 October 2013 are attached for Council’s information and adoption.

 

 

Recommendation:

 

That Council:

 

1        Receive and note the minutes of the Nambucca Shire Traffic Committee held on the 8 October 2013.

 

2        Notify the Nambucca Heads and Valla Chamber of Commerce the existing disabled parking bay in Kent Street Nambucca Heads is considered suitable to cater for passengers of disabled vehicles with lifts and rear access and further, advise the loading zone in Bowra Street can also be utilised by taxis for this purpose.

 

3        Install KEEP CLEAR road markings on Boundary Street Macksville outside the entry to Mid Coast Motor Inn to maintain clear access for cars and buses and to reduce the potential for queuing and blockage across the intersection with the Pacific Highway.

 

4        (a)     install three sets of speed humps and warning signage along Valla Beach Road from Thomson Street to the Car Park at South Valla Beach at an approximate cost of $4,000.

 

                   (b)     install two sets of speed humps along Newry Street (South) at an approximate cost of $2,200 after consultation with neighbouring properties.

 

         (c)     the installation cost of the speed bumps in (a) and (b) be funded from within the traffic facilities block grant.

 

         (d)     Monitor complaints concerning speeds within Sandpiper Drive and report to the Police, noting that sufficient traffic management is already in place.

 

5        Approve the temporary road closure of Princess Street, Macksville from McKay Street to River Street, Wallace Lane and River Street from Princess Street to the Salvation Army Store from 8.00am on 30 November 2013 to 3.00pm on 1 December 2013 for the purpose of the Nambucca River Festival.

 

6        Approve the temporary road closure of Matilda Street (Station Street to McKay Street), Wallace Street (Station Street to Cooper Street), and Cooper Street (Wallace to Boundary Street), Macksville between 4.30pm and 5.30pm on Saturday 9 November 2013 for the purpose of a procession to Macksville Park for the Macksville Gift.

 

7        Write to Ganly’s Gardeners reiterating that the previous Council resolution of 2 April 2013 that replanting with a low growing species should proceed as soon as possible.

 

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

Local Traffic Committee – The Roads and Maritime Services (RMS) are legislated as the organisation responsible for the control of traffic on all roads in New South Wales.  Traffic is controlled by the installation of prescribed traffic control devices, such as regulatory signs, or traffic control facilities, such as medians.

 

The Local Traffic Committee (LTC) has no decision making powers and is primarily a technical review committee.  It only advises the Council on matters for which the Council has delegated authority, being certain prescribed traffic control devices and traffic control facilities.

 

The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions.  Matters related to State Roads or functions that have not been delegated to the elected Council must be referred directly to Roads and Maritime Services or relevant organisation.

 

Council is not bound by the advice given by its LTC.  However, if Council does wish to act contrary to unanimous advice of the LTC or when the advice is not unanimous, it must notify Roads and Maritime Services and the NSW Police and wait 14 days before proceeding.

 

The Nambucca Shire Traffic Committee meets every two months, generally on the first Tuesday of that month.

 

The members of the Committee met on 8 October 2013 and determined a number of matters as per attached agenda and minutes.

 

 

CONSULTATION:

 

·             Mr Daniel Boorman (Roads and Maritime Services)

·             Sgt Jarrod Langan (NSW Police)

·             Mr Barry Duffus OAM (Local State Member Representative)

·             Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues involved in the approval process.

 

Social

 

There are no social issues involved in the approval process.

 

Economic

 

There are no economic issues involved in the approval process.

 

Risk

 

Decisions are based on guidelines and regulations.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There is no direct or indirect impact on current or future budgets as there is provision within the traffic facility grant for costs associated with installing speed humps on Valla Beach Road and Newry Street and stencilled road markings on Boundary Street approximately $8K in total.

 

Source of fund and any variance to working funds

 

Traffic facilities block grant.

 

Service level changes and resourcing/staff implications

 

No change to service level, resourcing or staff implications.

 

Attachments:

1

22951/2013 - Agenda - Nambucca Shire Traffic Committee - 8 October 2013

 

2

25172/2013 - Minutes - Nambucca Shire Traffic Committee - 8 October 2013

 

  


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

NAMBUCCA SHIRE COUNCIL

 

NAMBUCCA SHIRE TRAFFIC COMMITTEE MEETING - 8 OCTOBER 2013 COMMENCING AT 10.30AM AT COUNCIL’S ADMINISTRATION CENTRE

 

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES — Nambucca Shire Traffic Committee Meeting – 3 July 2013

4        Assistant General Manager Engineering Services Report

4.1     Disabled Parking for rear access vehicles...... Error! Bookmark not defined.

4.2     Blocked vehicular access - Mid Coast Motor Inn Boundary Street Macksville..................................................................... Error! Bookmark not defined.

4.3     Request to reduce speed zones on Newry Street, Valla Beach Road and Sandpiper Drive............................................. Error! Bookmark not defined.

4.4     Application for a Temproary Road Closure - Nambucca River Festival Macksville..................................................... Error! Bookmark not defined.  

5        GENERAL BUSINESS

6        NEXT MEETING DATE – 3 December 2013

7        CLOSURE   

 


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 - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

Assistant General Manager Engineering Services Report

ITEM 4.1     SF90                081013        Disabled Parking for rear access vehicles

 

AUTHOR/ENQUIRIES:   Keith Williams, Manager Technical Services         

 

Summary:

 

Nambucca Heads & Valla Chamber of Commerce have requested Council consider the provision of parking for vehicles fitted with wheelchair access for disabled persons.

 

 

Recommendation:

 

That the Local Traffic Committee recommend Council approve the modification of the existing disabled parking bay in Kent Street Nambucca Heads to cater for passengers of disabled vehicles with lifts and rear access.

 

 

OPTIONS:

 

1        Retain the number of disabled parking bays in Nambucca Heads with no changes,

 

2        Create an additional disabled parking bay in Bowra Street to cater for cars with rear ramps or lifts (at the net loss of 3 angled parking bays).

 

DISCUSSION:

 

At a recent meeting of the Nambucca Heads and Valla Chamber of Commerce there was a request to enquire about the provision of parking for vehicles fitted with wheelchair access for disabled persons.  As these vehicles with rear lifts are not able to use the current disabled parking bays there is a need for provision for these vehicles to be able to park in Bowra Street Nambucca Heads.

 

The Chamber were advised by staff that the availability of parking spaces in Nambucca Heads is at a premium, and that any additional disabled parking spaces would be at the cost of at least 2 regular spaces with a significant cost associated with installing pram ramps.  Further, there is an existing disabled bay near the post office and library just around the corner from Bowra Street in Kent Street.  This bay could be extended to meet the off road requirements of 7.8m in length to cater for rear lifts.

 

The Nambucca Heads & Valla Chamber of Commerce resolved at their meeting held on 9 September 2013 to request the Nambucca Local Traffic Committee investigate the feasibility of making the disabled car space in Kent Street suitable for use for wheelchair disabled vehicles. If it is feasible, then implementation is requested.

 

 

CONSULTATION:

 

Nambucca Heads and Valla Chamber of Commerce

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact to the environment.

 

Social

 

Extending the disabled parking bay will allow passengers that require rear access sufficient room to carry out the required manoeuvre.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no obvious risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Potentially $500 for line marking.

 

Source of fund and any variance to working funds

 

Working fund.

 

Service level changes and resourcing/staff implications

 

Nil.

 

Attachments:

1

22945/2013 - Report Attachment - Response regarding Disabled Parking Nambucca Heads

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

 

 



Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

Assistant General Manager Engineering Services Report

ITEM 4.2     SF90                081013        Blocked vehicular access - Mid Coast Motor Inn Boundary Street Macksville

 

AUTHOR/ENQUIRIES:   Keith Williams, Manager Technical Services         

 

Summary:

 

Owners of the Mid Coast Motor Inn have requested the provision of line marking to maintain clear access to their property off Boundary Street Macksville.

 

 

Recommendation:

 

That the Local Traffic Committee recommend Council install KEEP CLEAR road markings on Boundary Street Macksville outside the entry to Mid Coast Motor Inn to maintain clear access for cars and buses and to reduce the potential for queuing and blockage across the intersection with the Pacific Highway.

 

 

OPTIONS:

 

1        Do not install road marking.

 

2        Install KEEP CLEAR road marking on Boundary Street next to the access of both the Mid Coast Motor Inn and the United Service station.

 

 

DISCUSSION:

 

Roads and Maritime Services have reassigned a customer service request to Council after the owners of the Mid Coast Motor Inn expressed their concern that “people continually park outside our driveway while stopped at the lights and we cannot get out or in to our business and our buses are left holding up the traffic lights trying to get a clear way to turn into the driveway.  It is very dangerous to all concerned and is very busy as Woolworths is across the road.”

 

The immediate concern is buses waiting to turn right into the Motor Inn subsequently block Boundary Street traffic causing waiting traffic to queue across the intersection with the Pacific Highway.

 

The owners have requested line marking outside of their business to maintain clear access.

 

One option is to paint KEEP CLEAR markings on the road at the driveway entrance.  AS 1742.2 Traffic Control Devices for General Use, suggests this type of road marking shall only be used to:

 

a)      Maintain clear emergency vehicle access from its depot or station.

 

b)      Where a blockage would create a safety problem elsewhere in the system, e.g. vehicles stopping to turn right into a driveway causing a blockage at a nearby intersection.

 

The request appears to meet the warrants set out in point b) above.

 

This problem is not isolated to the Mid Coast Motor Inn.  On the western side of the highway the access to the service station is often blocked by traffic waiting at the traffic lights and once the owners of the service station see markings outside the Mid Coast Motor Inn there will be an expectation that they will also receive similar attention.  It could be argued that queuing outside the service station does not cause a blockage at the nearby intersection.


 

CONSULTATION:

 

Roads and Maritime Services

Mid Coast Motor Inn

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact to the environment.

 

Social

 

Keeping the access clear would benefit visitors to the Mid Coast Motor Inn.

 

Economic

 

There is no economic impact.

 

Risk

 

Keeping the access clear would reduce the potential for vehicles queuing across the adjacent intersection.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Approximately $500

 

Source of fund and any variance to working funds

 

Working Funds

 

Service level changes and resourcing/staff implications

 

No change

 

 

Attachments:

1

23057/2013 - Report Attachment - Proposed Keep Clear road markings, Boundary Street Macksville

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 



Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

Assistant General Manager Engineering Services Report

ITEM 4.3     SF90                081013        Request to reduce speed zones on Newry Street, Valla Beach Road and Sandpiper Drive

 

AUTHOR/ENQUIRIES:   Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received further requests for devices to reduce vehicular speeds on three of its urban roads being Newry Street (south) Nambucca Heads, Valla Beach Road (from Thompson Street to South Beach car park) and Sandpiper Drive, Scotts Head following a further complaint suggesting vehicular speed has increased since the recent introduction of the No Parking zone.

 

 

Recommendation:

 

1        That the Local Traffic Committee recommend Council install three sets of speed humps and warning signage along Valla Beach Road from Thomson St to the Car Park at South Valla Beach at an approximate cost of $4,000.

 

2        That the Local Traffic Committee recommend Council install two sets of speed humps along Newry Street (South) at an approximate cost of $2,200.

 

3        That the Local Traffic Committee recommend Council monitor speeds in Sandpiper Drive, noting that sufficient traffic management is already in place.

 

 

OPTIONS:

 

1        Install traffic calming measures on Valla Beach Road, Valla Beach and Newry Street (south), Nambucca Heads and monitor speeds in Sandpiper Drive Scotts Head.

 

2        Not install traffic calming measures on Valla Beach Road, Valla Beach and Newry Street (south), Nambucca Heads or monitor speeds in Sandpiper Drive Scotts Head.

 

DISCUSSION:

 

Valla Beach Road Valla Beach

 

During a Valla Beach Community Association (VBCA) General Meeting held in May 2012 a motion was raised and passed by the community to ask Council through the Nambucca Shire Local Traffic Committee if Valla Beach Road from Thompson Street to the car park at South Valla Beach could be made a shared zone with a restricted speed limit.

 

This matter has been raised at the VBCA meetings on numerous occasions with the community seeking a pedestrian walkway.  The Community understand that a walkway would not be feasible in the current financial climate due to cost restraints; however, it is felt that a shared zone area would improve pedestrian safety in this area with minor costs.

 

Council responded to the VBCA on the 13 June 2013 (Our Ref: SF90:14208/2013) advising:

 

“After consultation with the Traffic Committee members it was agreed that this area does not fit the criteria for 'shared zone' and traffic calming would be the best outcome to control vehicle speeds.

 

A Shared Zone is a road or network of roads where the road space is shared safely by vehicles and pedestrians.  The maximum speed limit is always 10 km/h.  The use of shared zones is usually reserved for shopping precincts or malls with high pedestrian volumes.

 

A suitable device to control speeds along this section of road would be the installation of traffic calming measures such as speed bumps (similar to Bellwood Park, Nambucca Heads) or chicanes, the latter is a very expensive approach and would be difficult to justify a funding allocation.

 

Council can consider funding for a series of modular speed bumps in future budgets if the Community Association would like to apply.”

 

The cost involved for the installation of a 50mm high speed hump 6m in length is approximately $1,175.00 per 6m length of speed bump and signage.

 

Newry Street (south) Nambucca Heads

 

Road reconstruction works are being carried out from Newry Street to Beilbys Beach Nambucca Heads. Two residents of Newry Street have requested Council install asphalt speed humps across the road in a suitable spot or spots near the turnaround at Beilbys Beach and also coming up the hill from the beach.

 

Residents complain about the hard revving of motor vehicles from the turnaround area at the beach, and then coming up the hill at speed they are concerned about the safety of residents along Newry Street.

 

Another resident suggested the following:

 

In the past three years there has been no less than 5 incidents of car damage, hitting poles, other cars, bins, and running up embankments, and that's just the ones I've heard and seen, further he complains that house is next to lions park and he’s had plenty trouble with these delinquents, throwing bottles on the roof, stirring his dog so he barks, and then the grand exit of these idiots with burnouts and seriously excessive speeds up the hill past my house.”

 

Sandpiper Drive Scotts Head

 

Cr Paula Flack had a call from a resident of Scotts Head who raised concerns regarding Sandpiper Drive, Scotts Head.  The resident advised it had now become “a noisy and dangerous race track” since Council stopped parking on it, and indicated a serious potential for a child being bowled over and requested Council look at ways of stopping the problem given that Council created it by changing the parking arrangements.  Cr Flack advised the resident that speeding cars were a police matter but that there may be other measures possible to calm traffic and suggested a letter to the Traffic Committee.  The "noisy and dangerous race track" is approximately 70m long and between two cul-de-sacs.  There is a dip in the gutter of both cul-de-sacs for vehicles to negotiate prior to entering the 70m race track.

 

The complainant objected to the No Parking signs after the event and finished his letter with a parting line of “considering further action on the matter”, maybe this is the action.

 

It is recommended that no action should be taken in regard to this complaint as sufficient traffic management is in place to maintain the urban speed limit.

 

Road Humps

 

Vehicle speeds can be significantly reduced when road humps are correctly designed and placed as they are relatively low cost to install and maintain. When used in a series they reduce speeds over the entire length of the street.

 

The disadvantages of speed humps are:

 

·      Noise levels increase due to braking and displacement of on board materials.

This isn’t such a problem for residents as identified locations are a sufficient distance from residential properties.

 

·      They are uncomfortable for passengers and cyclists.

The discomfort will reduce the likelihood of the identified roads being continually used as hoon routes, drivers wanting to get to the beach will put with momentary discomfort for the rewards on offer.

 

·      They can adversely affect emergency and commercial vehicles.

Identified roads are low volume and far from Industrial estates, emergency vehicles can easily negotiate the humps on the rare occasion they need to

 

 

CONSULTATION:

 

Valla Beach Community Association

General Manager

Concerned residents

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental Impact

 

Social

 

The recommendation would be welcomed by residents of Valla Beach and Newry Street Nambucca Heads as speeding vehicles are a major concern for pedestrians.

 

Economic

 

No environmental Impact

 

Risk

 

The risk of not installing speed humps or other forms of traffic management devices is a genuine chance of a collision between speeding vehicles and pedestrians in these locations with a dire outcome.

 

There is a further risk of a numerous similar requests once the speed calming measures are installed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$6,200 not including any line marking.

 

Source of fund and any variance to working funds

 

Council’s working fund.

 

Service level changes and resourcing/staff implications

 

Nil

Attachments:

1

22431/2013 - Request from VBCA for a shared zone

0 Pages

2

18394/2013 - Request for installation of speed humps Newry Street , Nambucca Heads

0 Pages

3

22439/2013 - Request for speed humps on Newry Street Nambucca Heads

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 


 

21st May 2013

 

General Manager

Nambucca Shire Council

PO Box 177

Macksville

NSW 2447

 

 

Request from VBCA GM 20th May –Shared Zone Area Valla Beach Rd

 

Dear Michael,

 

At last nights VBCA General Meeting a motion was raised and passed by the community to ask via the NSC Traffic Committee if Valla Beach Road from Thomson St to the Car Park at South Valla Beach could be made a shared zone with a restricted speed limit.

This is the road where numerous requests at general meetings have been made for a pedestian walkway, the community understand the cost restraints and that a walkway would not be feasible in the current financial climate, a shared zone area would it is felt improve pedestrian safety in this area with minor costs.

 

We look forward to the comments of the Traffic Committee, if a response could be available before the next GM in August.

 


Yours sincerely

 

Mel

 

Melvyn Best

Secretary

Valla Beach Community Association

Ph 6569 6736 mob 0421 053 343

 

 

 

 

President: John Windmill 1 Kuta Rd Valla Beach 2448 NSW T.65696886  johnwindmill@bigpond.com
Secretary: Melvyn Best 40 Max Graham Drive Valla Beach 2448 NSW T.65696736 M  0421053343 mgpabest@bigpond.net.au

All correspondence to Secretary -  Valla Beach Community Association. [VBCA is a 355 Committee of NSC]

Check out the website for updates - www.vallabeachmarkets.com.au


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

From:Sue Young[SMTP:sgatbucca@idl.com.au]

To:;[SMTP:;]

Received-Date:20130730

Received-Time:4:56:25 AM

Sent-Date:20130730

Sent-Time:9:57:53 PM

Subject:Speed Humps

 

 

Dear Sir/Madam

 

 

          At present Council are re-doing Newry st from approx.  number 3 down to Beilby beach, I would like to see council install speed humps across the road in a suitable spot or spots near the turnaround at Beilby beach also coming up the hill from Beilby beach to near house number 1 Newry st.

The reason is to  slow down speeding hoons after they’ve been doing doughnuts, burn outs , on the road and in the Lions Park, it is quite popular with them, especially after its rained.

I live in number 5 Newry st, and can hear the hard revving of motor vehicles from the turnaround area at the beach, and then coming up the hill, they have contributed a lot to the disrepair of the old road, and I would not like to see, these people carrying out their thrills on the new road.

Twice we have had near misses turning into and out of our driveway by speeding drivers, coming up the road from Beilby beach, I'm concerned someone will get hurt one day, a few  speed humps would slow them down. I  have tried taking photo’s of the speeding offenders, but risk being run over, as they’re traveling at speed, and I could probably have to put up with some kind of retaliation.

Hoping something positive can be done to stop or slow down the hoon element in Newry street.

 

 

Yours H.G. Young

 

5 Newry st

Nambucca Heads

 

ph. 65688236

 

 

 

 

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Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

From:Ant Chaff[SMTP:chaff@y7mail.com]

To:Keith Williams[SMTP:Keith.Williams@nambucca.nsw.gov.au]

Received-Date:20130802

Received-Time:8:06:16 AM

Sent-Date:20130802

Sent-Time:8:06:12 AM

Subject:Newry St speed humps

 

 

Dear Mr Williams,

My name is Anthony Chaffey, I live at 2 Newry St, and have been dealing for years with daily reckless endangerment from speeding cars packed with teenagers, doing burnouts and smoking drugs, drinking and general anti social behaviour.

 

As my house is next to lions park I've had plenty trouble with these delinquents, throwing bottles on my roof, stirring my dog so he barks, and then the grand exit of these idiots with burnouts and seriously excessive speeds up the hill past my house.

 

In the past three years there has been no less than 5 incidents of car damage, hitting poles, other cars, bins, and running up embankments, and that's just the ones I've heard and seen.

 

This issue is critical, my 11 year old daughter has had near misses with p plated hoons while accessing both the beach and the park because the drivers just don't care about public safety.

 

WE NEED TRAFFIC CALMING DEVICES CREATED ON NEWRY STREET and now is the perfect time to do it, while the road is being resurfaced. The dangers of not remedying this situation after you have been informed of the dangers is paramount to negligence. Do the right thing protect the local community from what will one day be a serious accident or fatality.

 

I want to see action on this issue before the worst happens and to restore safe diving practices.

 

Regards,

Anthony Chaffey

2 Newry street

0400467767

 

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Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

Assistant General Manager Engineering Services Report

ITEM 4.4     SF565              081013        Application for a Temproary Road Closure - Nambucca River Festival Macksville

 

AUTHOR/ENQUIRIES:   Keith Williams, Manager Technical Services         

 

Summary:

 

The Rotary Club of Macksville and Nambucca Heads have applied to Council to hold a Special Event on Council Land being the inaugural Nambucca River Festival.

 

The applicants propose to close River Street Macksville, between Princess Street and 21 River Street (The Salvation Army building) from 8.00am on 30 November to 3.00pm on 1 December 2013.

 

 

Recommendation:

 

That the Local Traffic Committee recommend Council approve the temporary road closure of River Street, Macksville from Princess Street to the Salvation Army Store from 8.00am on 30 November 2013 to 3.00pm on 1 December 2013 for the purpose of the Nambucca River Festival.

 

 

OPTIONS:

 

1        Refuse the application for road closure.

 

2        Approve road closure for this event.

 

DISCUSSION:

 

A community festival is being planned for Macksville showcasing the Nambucca Valley and the Nambucca River.  It is proposed to close River Street west and east of the Pacific Highway to enable activities and events to take place.

 

The event will be held over two days from 9.00am to 9.30pm on 30 November 2013 and 9.00am to 2.00pm on 1 December 2013.

 

Road closures will be in place for the duration of the event plus time for establishment and dispersal.  It is expected the event will draw a crowd of approximately 2,000 - 3,000 people.

 

Two stages will be erected for live entertainment, carnival rides will operate on a vacant block and exhibitors and producers will set up marquees on the closed roads to sell goods.

 

The Local Traffic Committee first considered the application at its meeting of 3 July 2013.  Due to concerns about the road closures being in the immediate vicinity and both sides of the Pacific Highway and further concerns regarding pedestrian safety and licencing requirements in front of The Star Hotel, the Local Traffic Committee members were not in a position to recommend Council approval for the event.  Council, at its meeting on 25 July 2013 adopted the following Local Traffic Committee recommendation:

 

”That the Local Traffic Committee carry out further consultations with the organisers of the Nambucca River Festival regarding the temporary road closure of River Street, Macksville, between the periods of 30 November to the 1 December 2013 during the hours of 8.00am to 3.00pm for the Nambucca River Festival.”

 

Roads and Maritime Services (RMS) have spoken to the event organisers regarding concerns the festival is being conducted in River Street on both sides of the Pacific Highway in Macksville. The main concern they had related to pedestrian control around the Pacific Highway at River Street and have requested two marshals be placed either side of the Pacific Highway at River Street to stop people trying to cross the road.

The organisers confirmed fencing will be installed on either side of the Pacific Highway from River Street down to Wallace Street.  The fence will be of a 'wire chain' type fence to stop people trying to cross the road and to prevent people accessing the festival without payment.

 

Roads and Maritime Services further requested that an amended Traffic Control Plan (TCP) to include water filled barriers in lieu of barrier boards at River Street and also to include an additional 'No Left Turn' (R2-6) sign on the southern bridge abutment at River Street as a reinforcement measure to prevent a left turn movement.

 

Provided these items have been addressed and the TCP amended and forwarded to RMS they would support the festival.

 

NSW Police have also had contact with the event organisers.  After a meeting with Nambucca Heads Inspector the organisers confirm the Nambucca Heads area command has arranged for a visible police presence during the event with the inclusion of a police water launch and the use of the police mobile control centre on site for the event. Police will conduct foot patrols at appropriate times during the weekend.

 

The following risks and controls have been identified for pedestrians and traffic:

 

Risk:           Closure of the public road (River Street)

 

Control:       TCP is provided advising of closures and Traffic Controllers will remain on site to monitor and maintain traffic control devices.

 

Risk:           Pedestrians crossing the Pacific Highway to events or stalls on the other side of the road.

 

Control:       A fenced barrier is proposed to be placed both sides of the highway to ensure pedestrians only cross the highway at designated points.

 

Risk:           Manning of entrance gates, traffic and crowd control, disbursement of patrons at the close of the festival on both Saturday and Sunday.

 

Control:       Together with regular police patrols members of the Nambucca and Macksville Rotary Club, Nambucca and Macksville SES will carry out crowd control. Persons with RMS yellow card qualifications will install and remove traffic control devices.

 

 

CONSULTATION:

 

Nambucca River Festival Committee

NSW Police

Roads and Maritime Services

Council staff and management

MANEX A

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact on the environment as volunteers will be collecting garbage.

 

Social

 

The event will bring a cross section of the community together.

 


Economic

 

The event will contribute to the local economy.

 

Risk

 

There is a risk of pedestrians attempting to cross the Pacific Highway at non designated points, pedestrian barriers would deter this manoeuvre

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact in relation to the road closure

 

Attachments:

1

17714/2013 - Additional information for Nambucca River Festival 2013 - Event Management Plan and copy of RMS Road Occupancy Licence and Application

0 Pages

2

21794/2013 - Nambucca River Festival temporary road closure full application and TMP

0 Pages

  


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 








Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 








   


Ordinary Council Meeting - 16 October 2013

Nambucca Shire Traffic Committee Meeting Minutes - 8 October 2013

 

PRESENT

 

Keith Williams                Nambucca Shire Council

Barry Duffus OAM          Local State Member Representative

Sgt Jarrod Langan          NSW Police

Daniel Boorman              Roads and Maritime Services

 

 

APOLOGIES

 

There were no apologies.

 

 

CONFIRMATION OF MINUTES

 

14/13 RESOLVED:

That the Committee note the adoption of the Minutes of the Meeting held 3 July 2013.

 

 

  

Assistant General Manager Engineering Services Report

ITEM 4.1     SF90                  081013     Disabled Parking for rear access vehicles

15/13 RESOLVED:

 

That the Local Traffic Committee recommend Council notify the Nambucca Heads and Valla Chamber of Commerce the existing disabled parking bay in Kent Street Nambucca Heads is considered suitable to cater for passengers of disabled vehicles with lifts and rear access and further, advise the loading zone in Bowra Street can also be utilised by taxis for this purpose.

 

 

 

ITEM 4.2     SF90                  081013     Blocked vehicular access - Mid Coast Motor Inn Boundary Street Macksville

16/13 RESOLVED:        

 

That the Local Traffic Committee recommend Council install KEEP CLEAR road markings on Boundary Street Macksville outside the entry to Mid Coast Motor Inn to maintain clear access for cars and buses and to reduce the potential for queuing and blockage across the intersection with the Pacific Highway.

 

 

 


 


ITEM 4.3     SF90                  081013     Request to reduce speed zones on Newry Street, Valla Beach Road and Sandpiper Drive

17/13 RESOLVED:

 

1        That the Local Traffic Committee recommend Council install three sets of speed humps and warning signage along Valla Beach Road from Thomson Street to the Car Park at South Valla Beach at an approximate cost of $4,000.

 

2        That the Local Traffic Committee recommend Council install two sets of speed humps along Newry Street (South) at an approximate cost of $2,200 after consultation with neighbouring properties.

 

3        That the Local Traffic Committee recommend Council monitor complaints concerning speeds in Sandpiper Drive and report to the Police, noting that sufficient traffic management is already in place.

 

 

 

ITEM 4.4     SF565                081013     Application for a Temporary Road Closure - Nambucca River Festival Macksville

18/13 RESOLVED:         (Langan/Williams)

 

That the Local Traffic Committee recommend Council approve the temporary road closure of Princess Street, Macksville from McKay Street to River Street and Wallace Lane and River Street, from Princess Street to the Salvation Army Store from 8.00am on 30 November 2013 to 3.00pm on 1 December 2013 for the purpose of the Nambucca River Festival.

 

 

   

GB5/13 - Keith Williams - Application for Temporary Road Closure - Macksville Gift (Ref SF565)

The Macksville Gift Procession Committee of Management lodged an Application Form for Activities & Events on Roads for the annual Macksville Gifts Procession to be held on Saturday 9 November 2013.

 

19/13 RESOLVED:

 

That the Local Traffic Committee recommend Council approve the temporary road closure of Matilda Street (Station Street to McKay Street), Wallace Street (Station Street to Cooper Street), and Cooper Street (Wallace to Boundary Street), Macksville between 4.30pm and 5.30pm on Saturday 9 November 2013 for the purpose of a procession to Macksville Park for the Macksville Gift.

 

 

 

GB7/13 - Keith Williams - Request for a STOP sign on the corner of Nelson Street and Riverside Drive Nambucca Heads (Ref SF90)

Ganly’s Gardeners wrote to Council on 23 September 2013 requesting a STOP sign be erected at the corner of Nelson Street and Riverside Drive Nambucca Heads due to lack of care exhibited by drivers and noticed by the gardeners when they were working in the vicinity.

 

This was the subject of a previous complaint to Council about the lack of visibility due to the overgrowth of vegetation in the gardens maintained by the volunteer group, Ganly’s Gardeners.

 

Council received a complaint regarding the height of vegetation on the nature strip between Creek Street and Nelson Street Nambucca Heads impacting sight distances for drivers which was referred to the Local Traffic Committee for their consideration. 

 

The Local Traffic Committee recommended that Council replant vegetation on Nelson Street, Nambucca Heads adjacent to the intersection with Creek Street with a low growing species to improve the sight distance for Creek Street vehicles required to Give Way to Nelson Street traffic. 

 

This recommendation was adopted by Council on the 2 April 2013 and Council wrote to Ganly’s Gardeners on the 24 May 2013 requesting they arrange for the progressive replanting of this garden bed with a low growing species to eliminate this hazard.

 

20/13           RESOLVED:

 

That the Local Traffic Committee recommend Council write to Ganly’s Gardeners reiterating that the previous Council resolution of 2 April 2013 that replanting with a low growing species should proceed as soon as possible.

 

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 3 December 2013 commencing at 10.30am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 1.00pm. 

 

 

 

 

(CHAIRPERSON)