NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

17 July 2014

 

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 AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

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 - 17 July 2014

 

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 June 2014...................................................................................... 5

5        NOTICES OF MOTION

5.1     Notice Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat Launching Site (SF437).......................................................................................................................... 16

5.2     Notice of Motion - Request For Report On Options To Deal With Straying Cattle (SF1540). 17  

6        PUBLIC FORUM

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.................................................................................... 20

9.2     Comparative Information on NSW Local Government 2012-2013........................................ 28

9.3     Official Opening of the Nambucca Heads Sewerage Augmentation................................... 33

9.4     Transfer of encroachment licence from Shibba to Dennien................................................ 43

9.5     Draft NSW Growth Planning Regions............................................................................... 45

9.6     Nambucca River Masterplan and Proposed Tennis Club Building...................................... 68

9.7     Commercial Land Use Zones in Macksville....................................................................... 70

9.8     Pelican Park - Review of On Site Sewerage Management System .................................... 77

9.9     Minutes of the Access Committee meeting held 22 April 2014......................................... 145

9.10   Minutes of the Access Committee meeting held 27 May 2014.......................................... 148

9.11   Minutes of the Access Committee meeting held 24 June 2014......................................... 151

9.12   Outstanding DA's greater than 12 months, applications where submissions received not determined from 24 June - 9 July 2014............................................................................................ 155

9.13   Council Ranger's Report June 2014................................................................................ 159

9.14   2014 June - Development and Complying Development Applications Received............... 162

9.15   Construction and Complying Development Certificates Approved June 2014................... 164

9.16   Development Application DA2014/098........................................................................... 168

10      Assistant General Manager Corporate Services Report

10.1   Grant Application Status Report ................................................................................... 183

10.2   North Coast Academy of Sport request for Donation - Additional Information.................. 186

10.3   Schedule of Council Public Meetings............................................................................. 188

10.4   Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 12 June 2014............................................................................................................................. 189

10.5   Sewerage Usage and Trade Waste Charges................................................................... 203

10.6   Investment Report To 30 June 2014............................................................................... 205

11      Assistant General Manager Engineering Services Report

11.1   Nambucca District Water Supply Steering Committtee Meeting - 2 July 2014.................... 210     


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).

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 26 June 2014

 

The following document is the minutes of the Ordinary Council meeting held on 26 June 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 17 June 2014 and therefore subject to change.  Please refer to the minutes of 17 June 2014 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Paul Richardson from the Seventh Day Adventist Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.3 Haslin Constructions Pty Ltd - Request to extend Saturday Working Hours at the Bowraville Off River Water Storage to 7.00am to 6.00pm under the Local Government Act as Cr MacDonald is in daily contact with Haslin Contractors as her employer is the main fuel supplier for the dam..  Cr MacDonald left the meeting for this item.

 

 

Councillor K MacDonald declared a pecuniary interest in Item 12.1 Bowraville Off River Water Storage - Claim for Foundation Preparation under the Local Government Act as Cr MacDonald is in daily contact with Haslin Contractors as her employer is the main fuel supplier for the dam..  Cr MacDonald left the meeting for this item.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 9.6 Submission to Environmental Levy Budget 2014/15 under the Local Government Act as Cr Flack is a non-executive member of the Nambucca Valley Conservation Association Inc – the community group whose submission is the subject of this report.

 

Councillor BJ Finlayson declared a non-pecuniary significant conflict of interest in Item 9.4 Shoaling in the Nambucca River - Options for Investigation under the Local Government Act as Cr Finlayson has an associate who may have interest in investigating a permit for dredging. 

 

Cr Finlayson left the meeting for this item.

 

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 June 2014

 

314/14/14 RESOLVED:    (MacDonald/Flack)

 

That the minutes of the Ordinary Council Meeting of 12 June 2014 be confirmed.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no Questions for Closed Meeting where due Notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                260614      Outstanding Actions and Reports

314/14 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.2      SF25                  260614      Process for Approval of Small Donations

315/14 RESOLVED:        (Smyth/Finlayson)

 

1        That Council note the advice of the Office of Local Government that a resolution is required for the provision of financial assistance to persons or groups.

 

2        That Council consider a contribution of $1000 to the North Coast Academy of Sport at Council’s next meeting on 17 July 2014.

 

3        That Council approve the process of requiring charitable organisations to apply for the waiver of tip fees through a Donations Request through Council’s annual Donations Program.

 

316/14 Resolved:        (Flack/Smyth)

 

That Council cap the maximum weighted material for charitable organisations at 75 tonne and that a report come to Council if weight levels beyond the 75 tonne limit be exceeded; and further, that Council receive a report as part of its quarterly waste management report in regard to charitable organisation waste depot use.

 

 

 

Cr MacDonald left the meeting for this item at 6.06 pm and returned after the conclusion of the item at 6.09 pm.

 

ITEM 9.3      SF1669              260614      Haslin Constructions Pty Ltd - Request to extend Saturday working hours at the Bowraville Off River Water Storage to 7.00am to 6.00pm

317/14 RESOLVED:        (Finlayson/Ainsworth)

 

That Council approve the request from Haslin Constructions Pty Ltd to extend Saturday working hours at the Bowraville Off River Water Storage to 7.00am to 6.00pm.

 

For the motion                Councillors Hoban, South, Ainsworth, Finlayson and Morrison    (Total 5)

Against the motion          Councillors Flack, Smyth and Ballangarry                                  (Total 3)

 

NOTE:  Cr Flack requested her vote be recorded against the resolution as there has not been public consultation.

 

 

Cr Finlayson left the meeting for this item at 6.10 pm and returned after the conclusion of the item at 6.52 pm.

 

ITEM 9.4      SF732                260614      Shoaling in the Nambucca River - Options for Investigation

Motion:      (Flack/Smyth)

 

That Council receive the information and take no further action.

 

The motion was LOST.

 

318/14 Resolved:        (Morrison/Ainsworth)

 

1        That Council seek funding in the next round of the Sustainable Dredging Program to employ an appropriate consultant for the preparation of a report on the merits of a dredging strategy for the Nambucca River.  This would identify the key project requirements and develop a dredging methodology to ensure that the project would meet the operational constraints and environmental requirements to successfully apply for funding under the NSW Government Sustainable Dredging Program.  Emphasis in the report to be placed on the areas within the lower estuary.

 

2        That Council consider an allocation in the 2015/16 budget for Council’s co-contribution to the application.

 

3        That the community be given an opportunity to comment on the consultant’s report for the dredging strategy.

 

NOTE:   Cr Flack requested her vote be recorded against this resolution.

 

 

 

ITEM 9.5      SF1947              260614      Outstanding DA's greater than 12 months, applications where submissions received not determined from 1-18 June 2014

319/14 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

General Manager Report – LATE

 

ITEM 9.6      SF688                260614      Submission to Environmental Levy Budget 2014/15

320/14 RESOLVED:        (Ainsworth/South)

 

1        Council receive the late submission from the Nambucca Valley Conservation Association.

 

2        That Council adopt the Environmental Levy program for the 2014/15 financial year as proposed in the Council report dated 29 May 2014 with an amendment to reduce the total amount of Heritage funding to $9,250 with matching subsidies.

 

3        That in future years the exhibition of the operational plan and delivery plan be accompanied by a report detailing the projects proposed as part of the Environmental Levy.

 

NOTE: Cr Flack wanted it recorded that she does not support the inclusion of the Heritage Assistance Program in the Environmental Levy.

 

321/14 Resolved:        (Flack/Smyth)

 

That Council receive a report on ways to manage the preparation of the Environment Levy program including consideration of Council’s earlier process that included a strategic planning aspect.

 

 

 

General Manager Report – LATE

 

ITEM 9.7      SF1496              260614      Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting - 24 June 2014

322/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council endorse the Minutes of the Nambucca River, Creeks, Estuary and Coastline Management Committee Meeting held on Wednesday 24 June 2014.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1873              260614      Remuneration of Mayor and Councillors

323/14 RESOLVED:        (Finlayson/South)

 

1        That the annual fee payable to Councillors in 2014/15 be $10,740.

 

2        That the additional annual fee payable to the Mayor in 2014/15 be $23,440.

 

3        That the variation to the 2014/15 Budget allocation be reflected in the September 2014 Quarterly Budget Review.

 

Note:  Cr Morrison requested that his vote be recorded against the resolution as he believes Council should have followed the State Government example.

 

 

 

ITEM 10.2    SF1873              260614      Adoption of 2014/15 Operational Plan and 2014/2019 Delivery Program

324/14 RESOLVED:        (Finlayson/Smyth)

 

That Council adopt the 2014/2015 Operational Plan, Fees and Charges and 2014/2019 Delivery Program as advertised, including the additional income from the approved special rate variation.

 

That Council consider including in the budget an amount of $10,000 specifically for the purpose of recognising and/or supporting existing businesses within the Nambucca Valley, the expenditure of which is to be determined by the General Manager in consultation with the Manager of Business Development.

 

 

 

ITEM 10.3    SF1873              260614      Making of Rates and Charges 2013/2014

325/14 RESOLVED:        (Finlayson/Ainsworth)

 

1          That it be confirmed that in accordance with Section 501 of the Act, the annual access charge for water supply services to all properties connected or able to be connected to Council’s water supply in accordance with Section 552(1) of the Act for 2014/2015 is made at one hundred and twenty eight dollars ($128.00) per occupancy for each assessment, for a 20mm or 25mm connection; five hundred and twelve dollars ($512.00) for a 40mm connection, eight hundred dollars ($800.00) for a 50mm connection, two thousand and forty eight dollars ($2,048.00) for a 80mm connection and three thousand two hundred dollars ($3,200.00) for a 100mm connection, to be charged per connection for each assessment; and one hundred and twenty eight dollars ($128.00) for vacant or unconnected land per assessment, and have a short title of “Water Access”; and a consumption charge of two dollars and ninety cents ($2.90) per kilolitre to apply to all water consumption billed during the financial year and such charge to have a short title of “Water Charge” in accordance with Section 543 of the Act.

 

2          That it be confirmed that in accordance with Section 501 of the Act the annual access charge for sewerage services to all properties connected or able to be connected to Council's sewer in accordance with Section 552(3) of the Act for 2014/2015 is made at five hundred and eighty dollars ($580.00) per occupancy for each assessment for residential connections; for non-residential connections two hundred and thirty nine dollars ($239.00)  for 20mm connection, nine hundred and fifty six dollars ($956.00) for 40mm connection, one thousand four hundred and ninety four dollars ($1,494.00) for 50mm connection, three thousand eight hundred and twenty four dollars ($3,824.00) for 80mm connection and five thousand nine hundred and seventy five dollars ($5,975.00) for 100mm connection, per connection for each assessment; and two hundred and thirty nine dollars ($239.00) for vacant or unconnected land per assessment, and have a short title of “Sewer Access”; and a sewer usage charge of three dollars and thirty cents ($3.30) per kilolitre to be calculated on the estimated volume discharged from properties excluding residential connections using the total water consumption based on NSW Department of Water and Energy guidelines and such charge to have a short title of "Sewer Usage Charge" and be included on the ‘Water Account’.

 

3          That it be confirmed that in accordance with Section 501 of the Act, the waste management tip provision charge for 2014/2015 is made at one hundred and thirty six dollars ($136.00) per assessment for properties categorised as Business or Farmland that are not vacant but do not, or have elected not to, receive a commercial waste service or are not on a waste collection route, or vacant land where the service is available; such charge to have the short title of “Tip Provision”.


 

4          That in accordance with Section 496 of the Act, the annual charge for 2014/2015 for domestic waste service on all occupied rateable land in the Shire, categorised Farmland or Residential under Section 515 or 516 of the Act to which a domestic waste service is provided, is made at five hundred and two dollars ($502.00) per occupancy for each assessment which contains up to and including five residential occupancies, such charge to have a short title of “Full Domestic Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $502.00, where “A” equals the annual charge, “B” equals the number of occupancies and $502.00 is the unit price. Residential assessments with six or more occupancies, upon request, may be charged one full service charge of five hundred and two dollars ($502.00) and sufficient additional bins, at the appropriate charge, to service the waste collection requirements of the assessment, as agreed between the property owner and the Council’s Waste Management Officer.

            A waste management ‘tip provision’ annual charge of one hundred and thirty six dollars ($136.00) for the year 2014/2015 is made for properties categorised Farmland or Residential that are not vacant, but do not receive a domestic waste service or are not on a waste collection route.

 

5          That it be confirmed that in accordance with Section 496 of the Act the annual charge for 2014/2015 for domestic waste on all vacant rateable land in the Shire, categorised Residential (under Section 516 of the Local Government Act 1993) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville and all land within the rural sector with a residential building entitlement, including land categorised as Farmland, where the domestic waste collection service is available, is made at one hundred and thirty six dollars ($136.00) per assessment, such charge to have short title of “Vacant Waste Management”.

 

6          That it be confirmed that in accordance with Section 501 of the Act, the annual charge for 2014/2015 for waste service on all occupied rateable land in the Shire, categorised Business (under Section 518 of the Act) to which a waste service is provided, is made at five hundred and two dollars ($502.00) per occupancy per assessment, such charge to have a short title of “Full Commercial Waste Service”, the amount of the annual charge will be the amount derived by applying the formula A = B x $502.00, where “A” equals the annual charge, “B” equals the number of separate occupancies and $502.00 is the unit price.

 

7          That it be confirmed that in accordance with Section 502 of the Act the waste service charge for 2014/2015 for actual use of accessing weekly waste service by non rateable properties is made at nine dollars and sixty five cents ($9.65) per week per service per occupancy per assessment, such charge to have the short title “Waste Management  —  Non Rateable”, and the amount of the charge will be the amount derived by applying the formula A = B x C X $9.65, where “A” equals the charge, “B” equals the number of separate occupied sites, "C" equals the number of weekly services and $9.65 is the unit price per service per week.

 

8          That it be confirmed that in accordance with Section 501 of the Act the annual charge for waste for 2014/2015 on all vacant rateable land in the Shire, categorised Business (under Section 518 of the Act) and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head and the villages of Taylors Arm Upper, Taylors Arm Lower, Eungai Rail, Eungai Creek, Warrell Creek and Donnellyville, is made at one hundred and thirty six dollars ($136.00) per assessment, such charge to have a short title of “Vacant Waste Management”.


 

9          That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2014/2015 for stormwater management services on all rateable privately owned developed non strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment, such charge to have a short title "Stormwater Charge".

 

10         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2014/2015 for stormwater management services on all rateable privately owned developed strata residential land located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twelve dollars and fifty cents ($12.50) per lot/assessment, such charge to have a short title "Stormwater Res-Strata ".

 

11         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2014/2015 for stormwater management services on all rateable privately owned developed urban business land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at twenty five dollars ($25.00) per land parcel/assessment plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres, such charge to have a short title "Stormwater Business " and be capped at $100.00 per assessment.

 

12         That it be confirmed that in accordance with Section 496A & 510A of the Act the annual charge for 2014/2015 for stormwater management services on all rateable privately owned developed urban business strata lots/land and located within the confines of the towns of Nambucca Heads, Valla Beach, Hyland Park, Macksville, Bowraville and Scotts Head is made at an amount equal to twenty five dollars ($25.00) per strata plan land parcel (parent parcel) plus an additional twenty five dollars ($25.00) for each 350 square metres or part of 350 square metres by which the area of the parcel of land exceeds 350 square metres and capped at $100.00 then be charged the greater of five dollars ($5.00) or the relevant proportion of the maximum annual charge that would apply to the land subject to the strata scheme (the ‘relevant proportion’ is the proportion that the unit entitlement of that lot in the scheme bears to the aggregate unit entitlement of the scheme), such charge to have a short title "Stormwater Bus-Strata".

 

13         That a rate of zero point zero zero five two five dollars ($0.00525) on the land value of all rateable land in the rating category of “Farmland”, is made for the year 2014/2015, subject to a minimum rate of four hundred and eighty five dollars ($485.00) per assessment, in accordance with Section 458 of the Act, such rate to apply to all properties categorised as “Farmland”, pursuant to Section 515 of the Act, such rate to a short title of “Farmland” in accordance with Section 543 of the Act.

 

14         That a rate of zero point zero zero five three one dollars ($0.00531) on the land value of all rateable land in the rating category “Residential” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all properties categorised as “Residential”, pursuant to Section 516 of the Act, excluding all properties in the sub categories “Town” and “Village/Estates”, such rate to have a separate short title of “Residential Non-Urban”.


 

15         That a rate of zero point zero zero five three one dollars ($0.00531) on the land value of all rateable land in the rating category “Residential”, sub category “Town” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all rateable land located in centres of population described as comprising all properties zoned residential, and land not otherwise categorised, located in the towns of Nambucca Heads, Hyland Park, Macksville, Bowraville, Scotts Head and Valla Beach and serviced with water supply, sewerage, or septic tank, such rate to have a separate short title of “Residential Town”.

 

16         That a rate of zero point zero zero five three one dollars ($0.00531) on the land value of all rateable land in the rating category “Residential”, sub-category “Village/Estates” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all rateable land located in the villages of Eungai Rail, Eungai Creek, Warrell Creek, Donnellyville, Taylors Arm – Upper and Lower, and all Estates comprising all residential land within the rural sector with a residential building entitlement and within a subdivision both past and present which results in the concentration of holdings to create an estate of two or more lots, all ribbon development residential lots along rural roads contiguous to developed estates and villages and all ribbon development residential lots along rural roads immediately opposite to developed estates, such rate to have a separate short title “Residential Village/Estates”.

 

17      That a rate of zero point zero zero seven one seven dollars ($0.00717) on the land value of all rateable land in the rating category “Business” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all properties  categorised as “Business”, pursuant to Section 518 of the Act, excluding all properties in the sub categories “Caravan Park”, “CBD” and “Industrial Estate”, such rate to have a separate short title of “Business Ordinary”.

 

18      That a rate of zero point zero zero nine four five dollars ($0.00945) on the land value of all rateable land in the rating category “Business”, sub category “Caravan Park”, is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all rateable properties categorised as Business sub category “Caravan Park” and have a short title of “Business Caravan Park”.

 

19      That a rate of zero point zero one zero one one dollars ($0.011) on the land value of all rateable land in the rating category “Business”, sub category “CBD” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “CBD” in the towns of Nambucca Heads, Bowraville, Macksville, Valla Beach, and Scotts Head and such rate to have a separate short title of “Business CBD”.

 

20      That a rate of zero point zero zero six eight three dollars ($0.00683) on the land value of all rateable land in the rating category “Business”, sub category “Industrial Estate” is made for the year 2014/2015, subject to a minimum rate of seven hundred and forty one dollars ($741.00) per assessment, such rate to apply to all rateable properties categorised as “Business”, sub category “Industrial Estate” in the towns of Nambucca Heads and Macksville, and such rate to have a short title of “Business Industrial”.

 

21      That a special rate, pursuant to Section 495 of the Act, consisting of a base amount of nineteen dollars and thirty cents ($19.30) per assessment, with a short title of “Environmental Base” and an ad-valorem amount of zero point zero zero zero one three two dollars ($0.000132) on the land value of all rateable land in Council’s area (refer Section 538 of the Act), with a short title of “Environmental Levy”, is made for the year 2014/2015. The base amount will produce forty nine point nine seven percent  (49.97%) of the total amount payable by the levying of the special rate so as to comply with Section 500 of the Act.

 

22      That a charge of ninety two dollars ($92.00) for the annual fee for Category 1 (Low Risk) Sewer Trade Waste, is made for the year 2014/2015 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1”.

 

23      That a charge of ninety two dollars ($92.00) for the annual fee for Category 1A (Low Risk) Sewer Trade Waste, is made for the year 2014/2015 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 1A”, with an additional charge of one dollar and seventy four cents ($1.74) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2014/2015 pursuant to Section 502 of the Act.

 

24      That a charge of one hundred and fifty three dollars ($153.00) for the annual fee for Category 2 (Medium Risk) Sewer Trade Waste, is made for the year 2014/2015 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 2”, with a usage charge of one dollar and seventy four cents ($1.74) per kilolitre or fifteen dollars and fifty six cents ($15.56) per kilolitre for Non-Conforming Usage (if required pre-treatment is not installed or properly maintained), is made for the 2014/2015 pursuant to Section 502 of the Act.

 

25      That a charge of one hundred and fifty three dollars ($153.00) for the annual fee for Category 3 (High Risk) Sewer Trade Waste, is made for the year 2014/2015 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 3”, with an additional charge of one dollar and eleven cents ($1.11) per kilogram for Excess Mass, is made for the year 2014/2015 pursuant to Section 502 of the Act.

 

26      That a charge of ninety two dollars ($92.00) for the annual fee for Category 4 Septic tank Effluent Disposal Sewer Trade Waste, is made for the year 2014/2015 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”.

 

27      That a charge of ninety two dollars ($92.00) for the annual fee for Category 4 Caravan Dump Effluent Disposal, is made for the year 2013/2014 pursuant to Section 501 of the Act and have a short title “Trade Waste Fee–Cat 4”, with a charge of one hundred and thirty five dollars ($135.00) for Disposal at Treatment Works with a maximum of 2,500L, disposals over 2,500L will have an additional charge of forty nine dollars ($49.00) per 1000L, is made for the year 2014/2015 pursuant to Section 501 of the Act.

 

28      That an interest rate of 8.5% per annum is set for the year 2014/2015, pursuant to Section 566 of the Act, and be charged on overdue rates and charges.

 

326/14 Resolved:        (Morrison/Ainsworth)

 

That Council receive a report on the wording of the sewerage usage and trade waste charges and how they are applied.

 

 

 

ITEM 10.4    SF251                260614      Schedule of Council Public Meetings

327/14 RESOLVED:        (Smyth/South)

 

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

 

 

 


Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF85                  260614      NSW Rural Fire Service Liaison Committee meeting – Service Level Agreement 2013/14

328/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive, note the report and endorse the minutes for the NSW Rural Fire Service Liaison Committee Meeting Service Level Agreement - 2013/14 held on Thursday 14 May 2014.

 

 

 

ITEM 11.2    SF90                  260614      Nambucca Shire Traffic Committee Meeting Minutes - 3 June 2014

329/14 RESOLVED:        (Hoban/Morrison)

 

That Council receive and note the minutes of the Nambucca Shire Traffic Committee held on 3 June 2014 with the exception of recommendations 8 and 6 and ask the Committee to reconsider the speed limit on Valla Road in light of the recent truck accident and public submissions and that Council set the parking time limit in Ridge Street between Bowra and Kent Streets at 30 minutes in light of the submission from the Nambucca Heads Chamber of Commerce.

 

330/14 Resolved:        (South/MacDonald)

 

That Council staff be advised that Council questions the need for a speed hump at the intersection of Princess and River Streets when they further consider the Macksville Town Centre Revitalisation.

 

331/14 Resolved:        (Ainsworth/MacDonald)

 

That the Traffic Committee consider the speed zones and the policing of the traffic in the Macksville industrial area due to the speeding vehicles amongst larger trucks.

 

 

 

ITEM 11.3    SF385                260614      Environmental Protection Licence No. 579 - Macksville Sewage Treatment Plant - Show Cause

332/14 RESOLVED:        (MacDonald/Ballangarry)

 

That Council receive and note the information.

 

 

 

ITEM 11.4    SF844                260614      Nambucca District Water Supply Steering Committee Meeting - 4 June 2014

333/14 RESOLVED:        (Ainsworth/South)

 

1        That the minutes of the record of discussion held on 4 June 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

 

2        That Council accept the recommendation to leave the baffle blocks at the base of the spillway in their current location.

 

 


 

ITEM 11.5    T003/2014           260614      T003/2014Tender for Construction of Landslip Remediation , Taylors Arm Road, Macksville

334/14 RESOLVED:        (Flack/Morrison)

 

1        That Council accept the tender for T003/2014 Construction of Landslip Remediation, Taylors Arm Road, Macksville from Sporting Services (Const.) Pty Ltd t/as Pan Civil (Alternate Proposal).

 

2        That Council update the Contract Register.

 

335/14 Resolved:        (Ainsworth/MacDonald)

 

That Council note the report in closed.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

RECOMMENDATION:

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1669              260614      Bowraville Off River Water Storage - Claim for Foundation Preparation

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) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    T003/2014           260614      T003/2014 Tender for Construction of Landslip Remediation , Taylors Arm Road, Macksville

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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.40 pm.

 

 

 

RESUME IN OPEN MEETING

 

336/14 RESOLVED:        (Flack/Ainsworth)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at  8.05 pm.

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

Cr MacDonald left the meeting for this item at 7.40 pm and returned after the conclusion of the item at 8.05 pm.

 

ITEM 12.1    SF1669              260614      Bowraville Off River Water Storage - Claim for Foundation Preparation

337/14 RESOLVED:        (Finlayson/Smyth)

 

That Council endorse the recommended negotiating position.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.06 pm 

 

Confirmed and signed by the Mayor on 17 July 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                     17 July 2014

Notice of Motion

ITEM 5.1      SF1933            170714         Notice Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat Launching Site (SF437)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The Nambucca River Users Group have asked Council to consider a proposal to reinstate an informal boat launching site on Rodeo Drive in close proximity to the old MIDCO Abattoir.  The site was historically a popular fishing spot and a site for launching small craft colloquially known as “tinnies”  The Group are not proposing a formal boat ramp.

 

The site is located along a track which leads off Rodeo Drive and may involve some clearing back of vegetation and improvement to the track.

 

It is recommended that Council conduct a site inspection involving representatives of the Nambucca River Users Group and Council’s Engineering Department. This would allow Council to hear the detail of the proposal, assess the site and consider the proposal’s merit.

 

 

 

Recommendation:

 

That Council arrange a site inspection with representatives of the Nambucca River Users Group to consider the merit of a proposal to reinstate the informal boat launching site off Rodeo Drive near MIDCO.

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     17 July 2014

Notice of Motion

ITEM 5.2      SF1933            170714         Notice of Motion - Request For Report On Options To Deal With Straying Cattle (SF1540)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The email (copied below) has been received with a request that the issue of straying cattle on South Arm Rd be escalated to Council via a Notice of Motion.

 

 

Recommendation:

 

That Council receive a report on the options available to deal with the issue of straying cattle on South Arm Road.

 

 

From: denis buckley [mailto:denis.buckley@hotmail.com]
Sent: Tuesday, 8 July 2014 2:21 PM
To: Mayor
Cc: Monika Schuhmacher
Subject: Request for consideration of Notice of Motion

 

Dear Mayor Hoban

 

We write to Council regarding stray cattle in our valley. Cattle owned by one particular individual have been a problem in our valley for many years, longer indeed than the 10 years that we have lived there.

 

Council Rangers have responded on numerous occasions to complaints from various residents, including ourselves, and have issued notices and fines to that individual. To little or no practical effect. 

 

We therefore ask that Council consider whether there are remedies available to Council to prevent this individual's cattle being an unresolved and ongoing problem.

 

We further ask that Council consider whether it has a legal obligation, with respect to the cattle straying from Council property onto our property. The possible basis for such a view is outlined below.

 

We respectfully request that, as Chair of Council, you put to Council a Notice of Motion, or a Mayoral Minute, to the effect that Council formally consider this matter with a view to resolving it once and for all.

 

Background

To reach our property, the cattle walk more than 2 kilometres after passing their owner's house. We are at the end of South Arm Road, and the terrain is such that the only route for the cattle to access our property is along the final 600 metres of Council Road. The road here has on one side a precipitous hill, and on the other an impassable rocky creek. A map is attached.

 

The cattle, upon their escape or release, head directly up the valley via the creek, unfenced properties adjoining the road and, as trails of manure evidence, the road itself. They camp initially in unfenced roadside paddocks 600 metres downstream of our gate, then head up the road to our property, of necessity via the road. 

 

The owner of the cattle has been approached numerous times in person by various residents, and typically makes a show of retrieving his animals, but within a few days they are back. 

 

Council Rangers have responded promptly to our complaints, but they are constrained in what they can achieve. In seeking to compel this individual to contain his animals, as he is required to do by law, the Rangers' options are apparently few: to issue a notice to fence the property followed 3 months later by an infringement penalty, or to fine the owner for grazing cattle on a road without a permit. 

 

In either case, the Rangers are apparently legally required to sight the cattle on the road for themselves, or have otherwise sound evidence, before issuing a fine or notice.

 

The cattle are wary almost to the point of being feral. They spook at the approach of any vehicle or person, and run into the bush. Often, the Rangers will take the hour's drive up the valley in response to a complaint of cattle on the road, and then fail to locate the cattle because they are by now hiding in the scrub. 

 

Clearly the cattle know, as does their owner, that there is danger in being caught grazing on the road. They are additionally aware that ungrazed pastures are but a quick gallop up the road, and why shouldn't they be grazing it if no-one else is, Council's attempts to enforce its rules notwithstanding.

 

We wish to point out that we are not going over the Rangers' heads by approaching Council in this matter. To the contrary, we are impressed by the remarkable diligence of the Rangers in their efforts to require this individual to abide by the Law, albeit to no avail. We do, moreover, appreciate that the Rangers have to weigh up the time wasted on one recidivist, versus their many other duties. In addition, apart from the above two legal options, the Rangers consider it a civil matter. 

 

We however beg to disagree that it is entirely a civil matter between us and the owner of the cattle. We ask that Council consider whether there may be additional measures available to Council to enforce compliance, and whether Council may indeed have a legal obligation to do so.

 

Council's Legal Obligation

A land owner is required to prevent animals straying from their land onto neighbouring land, be it private property or public road. We have been advised that this is so, even if the animals do not belong to the owner of the land. Along North Arm Road, we are advised by Council Rangers, there is a case where cattle belonging to property A get through property B onto the road (property C). In this case, we are told, property B is deemed responsible for the cattle getting onto the road, even though they don't own them.

 

In our case, the roles are reversed. We are property C, and the Council road is property B. By failing to effectively enforce its own regulations, and prevent property A's cattle inhabiting the road and its verges - as evidenced by consistent, repeated complaints, trails of manure along the road, and multiple sightings by residents over many years - Council is, in effect if not intent, keeping these cattle on or about its property. Further, Council is failing to prevent these same cattle from straying onto our property.

 

These cattle have done significant damage to our property, to the fence we erected trying to keep them out, and to the garden when they have camped there in our absence. 

 

Council may protest that it is limited in its power to act, and that its Rangers need to manage their finite resources across infinite demands.

 

However, we respectfully contend that Council, by failing to enforce its own regulations, is failing in its Duty of Care to take reasonable care that harm is not done through its actions, or lack thereof. 

 

We are asking that Council take the time to consider this matter; to consider whether there are additional measures available, including robust and sustained legal pressure upon this individual to compel compliance with Council regulations. 

 

We further respectfully ask Council to consider whether failing to allocate sufficient resources or resolve, such that the cattle continue to access our property via the road, would amount to a failure in Council's Duty of Care. And if such is the case, whether Council deems it prudent and reasonable to provide a prompt and effective remedy.

 

Kind Regards

Jo Loveard

Denis Buckley

1881 South Arm Rd, Bowraville

0438 033 300

 

 

 

Attachments:

There are no attachments for this report.       


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager

ITEM 9.1      SF959              170714         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.

 

 

 

 

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.

Grant funding application was successful and Council resolved at the 28 November 2013 meeting to accept the grant.  Project will commence in 2014.

 

Update as at 16 April – the consultant brief for the project is with the OEH for their approval.  The OEH are providing contributory grant funding towards the project.  Brief now endorsed by Estuary Committee.

 


 

JULY 2011

2

SF1031

21/7/11

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.

Funding has now been received for the Flood Risk Management Plans.

 

Work to commence in 2014.

 

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 

OCTOBER 2011

 

3

SF1460

17/11/11

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.

Shall be reviewed as part of the 2014-15 budget.

To be included in with proposed rates workshop – April 2014.

 

2014/15 rating structures set as per Special Rate Variation include with rating workshop August 2014

 

JULY 2013

 

4

RF275

25/7/13

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.

Follow up letter sent 8 November 2013

 

Recent (January 2014) advice received from National Parks supporting provision of restricted 4 wheel drive access for National Parks and emergency vehicles.  National Parks also looking for rehabilitation of eroding slopes.  RMS advised that Council supports the submission from National Parks.

 

 

AUGUST 2013

 

5

SF1031

14/08/13

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.

Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.

Staff on leave during December – deferred until February 2014.

Deferred until April – Staff dealing with landslips.

Deferred until May 2014

Deferred until June 2014

Deferred until September 2014.

 


 

NOVEMBER 2013

6

SF1817

13/11/13

RMS be requested to place speed cameras at the northern approach/exit of the Macksville Bridge and a red light camera at Partridge/Cooper Street intersection or Boundary Street/Highway intersection.  Also RMS be requested to make the left lane at the Cooper/Partridge Street lights southbound a left turning lane only.

 

AGMES

Letter sent to RMS 15 November 2013.

 

Acknowledgement letter received from RMS advising the matter has been referred for investigation, (copy of RMS letter provide to Councillors on 17/12/13.)

Raised at the Traffic Committee on 4/2/14.  RMS advised that the matter is being investigated.

 

Letter sent to RMS 6 June seeking update on progress.

RMS advise still under investigation.

 

7

SF 825

13/11/13

There be an annual report on the disposal of Council owned surplus materials and small equipment; the items disposed of; how they were disposed of; and the prices received.

 

AGMES

Report to July 2014 Council meeting.

8

SF642

28/11/13

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

 

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

DECEMBER 2013

9

SF1830

11/12/13

That grants be sought to assist with the Pound upgrade costs.

 

GM

Report February/March 2014

DLG have announced a grant scheme arising out of the Companion Animals Taskforce.  Will need to await the formal release of the funding guidelines and criteria.

Grant officer has made enquiries about Grant Scheme.

 

10

SF1915

11/12/13

Council note that before a determination as to whether the pool inspection program be shortened, a compilation of the pools is required through investigation of aerial photographs and the current pool register and that a further report be provided to Council once staff have completed this investigation.

 

GM

MDE

April 2014

 

Deferred until May 2014.

Inspections have been accelerated.

Report deferred to June.

 

Further deferred due to staff illness.

11

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

 

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

Report produced.

12

SF6515

11/12/13

(Macksville Industrial Estate Channel Remediation Works) That Council seek legal advice as to the ownership of the lot containing the drainage channel in the event that Eureka 2 Project 6 Pty Ltd becoming insolvent and the responsibility of liability to rectify the channel.  That following legal advice, Council receive another report to determine whether Council should issue a Notice of Intent to issue an order for the remediation of the drainage channel which shall include the terms of the proposed order to be issued to Eureka 2 Project 6 Pty Ltd a) to provide a firm timeline for the remediation of the blocked & unstable drainage channel b) carry out initial works to improve the integrity & capacity of the existing blocked drain c) carry our works that will provide for a permanent solution to unstable drainage walls and floor to the satisfaction of Council.

 

AGMES

Report in February 2014

 

Has not been actioned as yet - Council advised that the company has already been placed into liquidation. Brief being redrafted for the legal advice and report to April Council meeting.

 

Brief forwarded for legal advice, report deferred until May pending receipt of the legal advice.

 

Solicitor has requested additional information from Council.  Report deferred pending legal advice.

 

Legal advice received. Report to July Meeting.

 

JANUARY 2014

13

SF1933

16/01/14

DA 2013/170 (Boundary adjustment, shed, depot at Valla) be called in for determination by Council and there be a site inspection.

 

GM

Additional information in relation to the proposed crushing and processing of material is to be submitted by a planning consultant.  At this stage it is unknown when the application will be referred to Council for determination.

 

Additional information has been submitted and is currently being assessed.  Report in July 2014

 

14

SF1855

16/01/14

Council resolve to progress to detail plans for River Street – Macksville Streetscape Improvement

 

GM

The consultant is to be engaged in February 2014 to prepare the plans.  The matter was presented to the Local Traffic Committee on 5 February 2014.

Strategic Planner and Engineers to meet on site with consultants on 20 May to review engineering details.  The aim is to have the draft detailed concept plans completed by early June 2014.

Concepts reported to LATC meeting held on 3 June 2014

 

FEBRUARY 2014

15

SF734

13/02/14

Council defer the request from the Leckie’s to acquire a small section of Gordon Park and request representatives of Crown Lands come to Council to explain the proposal and its implications.

 

GM

Letter to Crown Lands’ representatives requesting their attendance at a Council meeting sent on 11/02/14.  Email acknowledgement received the same day.

Follow-up letter sent week ending 18 April 2014.  Second follow up letter sent 4 June 2014.  Following resolution on 12 June, third follow up letter sent 18 June 2014.  Report scheduled for Council’s meeting on 31 July 2014.

 

16

SF1755

13/02/14

Council receive a brief report from the AGMCS indicating the progress in his section, strengths and weaknesses and future direction.

 

AGMCS

Report to March 2014.

Deferred to April 2014.

Deferred to May 2014.

Financial Briefing at the Budget Meeting on 22 May 2014.

Asset Management briefing to meeting 12 June

Invitations emailed to all Councillors 27/5 -

Papers to be distributed prior to the meeting.

Report on asset accounting to Council in August.

 

17

SF844

27/02/14

That Council prepare a Dam Filling Options report as required by the Office of Water and undertake consultation with Fisheries, EPA and downstream landholders.

 

AGMES

Report July 2014

 

Deferred until September meeting scheduled with Office of Water and a report will be presented to Council with the outcome of the meeting.

MARCH 2014

18

SF125

SF1933

27/3/14

Report on staff training outlining what staff training requirements are, compared to training offered; perceived benefit/value/effectiveness of training

 

GM

MHR

Report in May 2014

Deferred to June 2014

A draft report has been prepared which was considered by MANEX on 18 June.  Requires more work. 

Deferred to July.

Deferred to August due to end of year rap up.

 

19

SF841

SF1933

27/3/14

Council make further representations re the option of bridging the NV floodplain in preference to a filled embankment and culverts.

Council make representations to the Minister re concerns regarding impact of construction phase – cut and fill and length of construction period and long term maint-enance costs and impact of addition flooding issue.

 

AGMES

Letter sent 24 April 2014 (TRIM 9433/2014)

Letter drafted 3 April 2014

Mayor discussed matter with the Deputy Premier on 27/6/2014.

20

SF1541

27/3/14

Commercially zoned land, Macksville – Council receives a further report for endorsement of a planning proposal once the matter has been further investigated.

 

GM

Report June 2014

Data collected but further time required to report.  Report now proposed for July 2014.

APRIL 2014

21

PRF54

10/4/14

Council allow dogs on leads at the Gumma Reserve up until November 2014 and review the situation prior to the peak season.

 

GM

Report October 2014

22

PRF54

10/4/14

Council undertake an inspection of the Gumma Reserve after the grant funds for its upgrade have been expended.

 

GM

To be scheduled – second half of 2014

MAY 2014

23

SF430

15/5/14

Petition to support Flying Fox  dispersing in urban areas

GM

Petition drawn up

Letters sent to Member for Clarence and Mr Hartsuyker MP sent

Advertisement for Guardian news

Letter of thanks received from the Member for Clarence.

Petition closes 31 July 2014.

 

24

SF1496

15/5/14

Commercial Fishing –

Andrew Goulston and Darren Reynolds from Fisheries be invited to address Council on state of recreational fishing

 

GM

Letters sent 6 June 2014.

25

SF851

29/5/14

Council make representations to the Member for Cowper, the Australian Labor Party and the Australian Greens calling for the Government to restore FAGs indexation.

 

GM

Letters sent w/e 6/6/2014.

26

SF1948

29/5/214

Council make a submission to the RMS in support of the revised policy for the location of highway service centres, and particularly the proposed service centre at the NH’s interchange.

 

GM

Letter sent w/e 6/6/2014

JUNE 2014

27

SF1933

12/06/14

That, in order to offset the impacts of the loss of FAGs indexation, all Managers be asked to identify and report on opportunities to make savings or increase revenue in their own area of operations which preferably maintain the service levels anticipated in Council's CSP: or alternatively and less preferred, propose a reduction in service levels on matters considered secondary to our mission statement.

 

GM

Report to Council August 2014

28

SF1933

12/06/14

That based on advice given by the Regional Manager of NSW Trainlink to the public meeting of 26 May 2014, Council again write to Transport NSW and the Hon Andrew Stoner MP requesting reinstatement of the Nambucca Heads stop of the 2.41pm Sydney to Brisbane XPT train.

 

GM

Letter sent 19 June 2014.

Mayor discussed matter with Deputy Premier on 27/6/2014.

29

SF988

12/06/14

That Council write to the NSW Minister for Health & the CEO of the MNC Local Health District emphasizing the urgent need for the planning & funding of a replacement of Macksville hospital and the urgent need for support for, and the recruitment of doctors & nurses.  Further that Council extend an invitation to the Minister to inspect the hospital and hear the concerns held for its future.

 

GM

Letter sent 20 June 2014

Mayor discussed matter with Deputy Premier on 27/6/2014.

30

SF988

12/06/14

Council look for possible sites for a new Macksville Hospital which are in flood free areas.

 

GM

Offer to assist MNCLHD in locating a new site referred to Minister and CEO of MNCLHD in letter of 20 June 2014.

31

SF25

26/06/14

Council consider a contribution of $1000 to the North Coast Academy of Sport at meeting on 17/7/14

 

GM

Report to meeting on 17/7/2014

32

SF732

26/06/14

Council seek funding in the next round of the Sustainable Dredging Program to employ a consultant to prepare a report on the merits of a dredging strategy etc.

 

GM

Awaiting next round of the Government’s dredging program.

33

SF688

26/06/14

Council receive a report on ways to manage the preparation of the Environmental Levy program including consideration of Council’s earlier process that managed a strategic planning aspect.

 

GM

Strategic Planner on leave first 2 weeks in July.  Report in August 2014.

34

SF1873

29/06/14

Council receive a report on the wording of the sewerage usage and trade waste charges and how they are applied.

 

AGMCS

Report to Council’s meeting on 17/7/2014

35

SF90

29/06/14

Traffic Committee be asked to reconsider the speed limit on Valla Road in light of the recent truck accident and public submissions.

 

AGMES

Report back to Counciol following the next scheduled Traffic Committee meeting.

36

SF90

29/06/14

Traffic Committee consider speed zones and the policing of traffic in the Macksville Industrial Estate due to speeding.

 

AGMES

Report back to Counciol following the next scheduled Traffic Committee meeting.

37

SF1496

29/06/14

That the RMS and Acciona Ferrovial be invited to attend the next meeting of the Estuary Committee to explain how the new Pacific Highway bridge over the Nambucca River is to be constructed (from Estuary Committee minutes)

 

GM

Letter sent w/e 4/7/2014

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.2      SF42                170714         Comparative Information on NSW Local Government 2012-2013

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

Every year the Division of Local Government releases comparative information on NSW local government.  The information is for the previous financial year, in this case the 2012-2013 financial year.  The comparative date provides useful information on key performance indicators for Councils.

 

 

Recommendation:

 

That the comparative information on NSW Local Government and Mid North Coast councils be received.

 

 

OPTIONS:

 

There are no real options.  The report is for information.

 

 

DISCUSSION:

 

The Division of Local Government has now released the comparative information on NSW Local Government for the 2012-2013 financial year.

 

It contains some interesting comparative data with the following table comparing some of the key performance indicators (KPI’s) for this council and nearby mid north coast councils.

 

When assessing or comparing the performance of councils, it is important to remember that local circumstances can influence how well a council provides its services.  There are often good reasons why it is harder or more costly to provide certain services in some local government areas than in others, or why a different mix of services may be delivered.  In some cases, councils may have made conscious decisions to provide lower or higher levels of service depending on local needs.

 

It is also important to remember that the key performance indicators, when used on their own, do not give the full picture of a council’s performance.  Although they show the differences between councils across a selection of specific activities, they do not explain why these differences have arisen.  The figures are indicators only and conclusions should not be drawn without qualitative assessments being made.

 

Local Population

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Total Population

12,819

70,990

48,348

29,198

19,319

76,017

5 yr pop’ n

change %

0.4

5.1

4.0

3.6

4.7

6.9

Age > 60 years %

27.4

25.1

30.6

27.7

32.9

26.4

Aboriginal and TSI %

3.0

4.1

5.4

11.1

7.3

3.3

Socio-eco index rank*

55

70

12

4

9

75

 

*Socio-economic index rank (1 low, 152 high)


 

Local Economy

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Unemploy’t rate %

7.4

6.7

7.1

7.1

8.8

5.5

Av. taxable income $

32,532

35,642

34,334

31,957

30,546

36,316

Household size

2.8

2.9

2.8

2.9

2.8

2.8

Value of DA’s determined $’000

13,958

202,954

97,214

47,717

35,250

130,437

No. of active businesses

1,202

5,603

3,494

2,337

1,491

6,081

 

The Council

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Number of councillors

7

9

9

9

9

9

Population per councillor

1,831

7,888

5,372

3,244

2,147

8,446

Equivalent full time staff no.

142

521

245

302

116

459

2012/13 Revenue$’000

29,518

149,238

63,041

56,668

48,721

173,655

2012/12 Expenses$’000

32,126

156,064

69,473

72,336

42,328

137,302

Pensioner rebates %

28

21

28

31

36

29

 

Public Facilities

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Swimming Pools – public

3

4

7

4

1

6

No. Public Halls

9

14

11

13

15

17

No. Public Libraries

2

3

5

4

2

3

Open public space ha

69

771

810

211

515

713

Total road length km

566

846

1,713

1,186

703

1,335

 


Council Finances

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Avg.Residential Rate $

814

837

833

748

761

988

Avg. Business Rate $

957

3,609

3,042

1,756

1,547

3,170

Avg Farmland Rate $

1,743

1,593

1,504

1,457

1,580

1,676

Typical Res Water & Sewer Bill including usage $

1,072

1,294

n/a

1,200

890

1,190

Av Domestic waste charge

407

438

322

283

400

352

Operating Performance ratio %*

-17.6

-17.2

-28.7

-35.5

-33.0

-3.7

Outstanding rates&charges%

9.1

6.5

6.7

5.4

4.9

7.7

Debt Service Cover Ratio

8.0

1.2

2.5

1.8

0.4

3.5

Governance & Administration Expenditure per capita ($)

444

381

194

295

58

65

 

* The operating performance ratio measures a council’s achievement of containing operating expenditure within operating revenue.  A deficit before capital occurs when total expenses are greater than total revenue (excluding all capital amounts).  This includes councils’ day to day income and expenses.  Total expenses include depreciation, amortisation and impairment.  The ratio is a critical one for many mid north coast councils which struggle to adequately maintain their assets.  The operating performance ratio state average has deteriorated from -4.4% in 2011/12 to -5.0% in 2012/13.  The TCorp benchmark is greater than -4.0%.

 

It should be noted that Nambucca’s Operating Performance Ratio was impacted by increased expenditure resulting from gifting Council assets to community groups, the most substantial being the Macksville show grounds and sale yards.  Total loss on disposal of assets was $6.2M, when this deducted from expenses the adjusted Operating Performance Ratio is -11.2%.

 

The Debt Service Coverage Ratio indicates Council’s capacity to undertake borrowings.  It is calculated by dividing operating result before interest and depreciation by debt repayments. Tcorp bench mark is 2.0, with above 2.0 exceeding benchmark.  Nambucca’s advertised result has been impacted by the disposal of Council assets to community groups.  If the loss on disposal of assets is removed from the operating position the adjusted Debt Service Coverage Ratio is 2.4.

 


Councils’ Community Leadership

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

DAs determ’d by Councillors %

1

1

1

7

7

0

Code of Conduct complaints no.

1

17

2

0

3

0

Complaints requiring action

3

1

0

0

0

0

Code of Conduct costs

4,424

14,175

800

0

1,200

0

Pop’n per EFT staff

90

136

197

97

167

166

 

Councils’ Assets

 

 

Bellingen

Coffs Harbour

Greater Taree

Kempsey

Nambucca

P-M Hastings

Roads,bridges, footp’s spend per capita $

618

265

585

829

734

288

Building & Infrastructure renewal ratio.%*

50

22

93

45

68

41

Infrastructure backlog ratio%**

17

6

56

14

33

14

Road length per ‘000 capita (metre)

44

11

35

40

36

17

Asset maintenance ratio***

1.1

0.9

0.4

0.8

0.7

0.4

 

* Building & Infrastructure Renewal Ratio assesses the rate at which assets are being renewed against the rate at which they are depreciating.  Renewal is defined as the replacement of existing assets to equivalent capacity or performance capability, as opposed to the acquisition of new assets.  A result of greater than 100 is considered satisfactory and in 2012/13 the State average was 81.5%.

 

** The Infrastructure Backlog Ratio shows the infrastructure backlog as a total value of council’s infrastructure.  For the State infrastructure backlog ratios ranged from 0% to 60% with the state average being 10%.

 

*** The Asset Maintenance Ratio compares actual versus required annual asset maintenance.  It is measured by assets renewals/depreciation of building and infrastructure assets.  The TCorp benchmark is >100%.

 

 

CONSULTATION:

 

There has been consultation with the Assistant General Manager Corporate Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.  The report is for information.

 

Social

 

There are no social implications.  The report is for information.

 

Economic

 

There are no economic implications.  The report is for information.

 

Risk

 

There are no identified 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

 

There is no impact on service levels or resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.3      SF1310            170714         Official Opening of the Nambucca Heads Sewerage Augmentation

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Arrangements have been made to open the Nambucca Heads Sewerage Augmentation on 17 July 2014.  The upgraded plant was commissioned in February 2012.

 

 

Recommendation:

 

That Council note the official opening of the Nambucca Heads Sewerage Augmentation.

 

 

OPTIONS:

 

There are no real options.

 

 

DISCUSSION:

 

In the early 2000’s it was determined that the capacity of the Nambucca Sewage Treatment Scheme would need to be increased from 10,000 equivalent persons to 15,000 equivalent persons.

 

In 2007 the Council finalised a Review of Environmental Factors for the project and resolved to proceed with the project.

 

In 2008 the Council accepted a proposal from NSW Water Solutions for the preparation of a detailed design and tender documentation and sought a proposal from NSW Public Works for the project management of its construction.

 

In October 2009 the Council resolved to accept the tender received from Monadelphous Engineering Pty Ltd for all of the documented works required to complete the augmentation project for an adjusted tender price of $17.4m including GST.

 

The contract was scheduled to be completed in 98 weeks however fell months behind schedule due to continuous heavy rainfall events during both 2010 and 2011.  There were further delays as a consequence of problems encountered with the electrical control systems which delayed the final commissioning of the plant.

 

The commissioning of the plant did not occur until February 2012.

 

In July 2011 Council’s Internal Auditors used the project as the basis for a review of Council’s procedures for project management.  A copy of the report is attached.

 

The conclusion of the internal audit review was that overall, the project was well managed, due in part to the employment of NSW Public Works as the external project manager.  The major improvement identified from the review was that the project management would have been improved with enhanced reporting and the regularity of reporting.  This has since been corrected with the Bowraville Off River Water Storage project with Councillors and Council management involved in monthly management briefings and meetings.

 

One issue with the design which affected the construction and funding was the provision for the storage of sludge.  Council staff sought a minimum 6 month sludge lagoon storage capacity from the time a concept design review workshop was held in December 2007.  However the final design only allowed for a 3 month sludge storage volume.  Subsequently and after construction had commenced it was determined that the sludge storage capacity could indeed be increased to 6 months by enlarging the northern most sludge lagoon.  The cost to double the sludge lagoon storage volume from 2.3 ML to 4.7 ML was $249,636 + GST (2010 dollars).  The variation to increase the size of the lagoon was at a “premium price” based on a schedule rates for additional work.  Also the Council was ineligible for Country Towns Water and Sewerage Program funding for this additional work because the funding offer was based on the agreed contract price without subsequent variations.

 

Council’s Internal Auditors, Forsyths undertook a review of the project to ensure that had been adequately managed and to identify issues that will provide continual improvement for Council projects.

 

They found that overall the project was well managed, which was due in part to the employment of NSW Public Works as the external project manager.  The major improvement identified from the review was that the project management would have been improved with enhanced reporting and the regularity of reporting to Councillors and potentially to Senior Management (Manex) meetings.  This observation was implemented with the Bowraville Off River Water Storage project where there have been monthly meetings involving Council and senior management for the life of the construction.

 

Forsyths recommended that Council implement some of the techniques and project control mechanisms used during the sewer treatment plant project on its other major internally managed projects (say projects greater than $2m) including:

 

Ø Improve design control including risk assessment, early contractor involvement (if required) and agreement of design concept to meet objectives;

Ø Formal project meetings between stakeholders with core agenda items of quality, budget, cost control, variation resolution, non-conformance resolution and regulation compliance;

Ø Establishment of report framework to cover project objective, the above meeting issues and key performance measures;

Ø Set up registers and treatments for risk, variations, non-conformance etc

Ø Establishment of report to council to satisfy governance objectives and convey project objectives and performance against these;

Ø Set milestones and hold points where outcomes are measured and critical decisions made as they arise over the period of the project;

Ø Set formal debrief structure to allow feedback for planning of future major projects.

 

 

CONSULTATION:

 

There has been consultation with the Manager Water & Sewerage.

 

The relevant State Government Minister was not available to participate in the opening.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The will be a briefing on site about the environmental performance of the plant.

 

Social

 

There are no particular social implications.  It should be noted that Mr Terry Munsie, the plant operator, has just achieved 25 years of service with Council.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk issues.  An induction will be held on site.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact in the opening of the treatment plant.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

17541/2014 - Internal Audit Report

 

  


Ordinary Council Meeting - 17 July 2014

Official Opening of the Nambucca Heads Sewerage Augmentation

 

Project Management Review

 

Councils Objective

 

·   To maintain and develop the urban and rural road network.

·   To ensure the community has access to water supply that meets current and future demand.

·   To ensure that the community has a sewerage service that collects and treats waste now and into the future.

 

Objective of internal audit project

 

Review the Nambucca sewerage treatment works project and ensure that the project has been adequately managed and identify issues that will provide continual improvement for Council projects.

 

Conclusion

 

Overall the Nambucca sewerage treatment works project was well managed, which is a due in part to the mandatory employment of NSW Public Works Department as external project manager.  The major improvement identified from our review is that the project management would have been improved with enhanced reporting and the regularity of reporting to Councillors and potentially at “Mannex” meetings (Senior Management and Director Operational Meetings).

 

Nambucca should also implement some of the techniques and project control mechanisms used during the sewer treatment plant project on its other major internally managed projects (say projects greater than $2 million) including:

 

Ø Improve design control including risk assessment, early contractor involvement (if required) and agreement of design concept to meet objectives;

Ø Formal project meetings between stakeholders with core agenda items of quality, budget, cost control, variation resolution, non-conformance resolution and regulation compliance;

Ø Establishment of report framework to cover project objective, the above meeting issues and key performance measures;

Ø Set up registers and treatments for risks, variations, non-conformance, etc;

Ø Establishment of report to council to satisfy governance objectives and convey project objectives and performance against these;

Ø Set milestones and “hold points” where outcomes are measured and critical decisions made as they arise over the period of the project; and

Ø Set formal debrief structure to allow feedback for planning of future major projects.


Ordinary Council Meeting - 17 July 2014

Official Opening of the Nambucca Heads Sewerage Augmentation

 

 

Ref No

Rating

 

Findings/ Issue

Agreed action plan

By Whom

By When

Project Management Review

Major project management reporting to Executive Management (Mannex) and Council

R4.1

 

 

 


The Sewer Treatments plant is the largest capital works project undertaken by Council.  The initial estimated cost was in the vicinity of $10m.  Due to errors in estimations the contract signed by Council was $17m and final costings appear to be closer to $20m.  There have also been delays in completion.

 

Councillors have been frustrated with the perceived blow out in costs and variations to original contract approved by them.  However, from observations of the project documents, including professional project manager reports, and from discussions with management the project has been in fact well managed.

 

The variations in cost have been due to adjustments to the design arising from Council requests (eg. Increase sludge lagoon size, which Councillors had initially not wanted but revised once the project commenced), site conditions, wet weather events and usual minor changes once the project commences.  The final cost should be within the contingent cost variation of $1.2m set by the project manager using a risk based assessment process.

 

Regular reporting to Council and Mannex would have reduced the frustration Councillors have experienced and would allow project issues and status to be clearly articulated.

Council is to design a suitable report format for major projects of over say $2m.  The report to Council needs to provide:

 

·    Project objectives;

·    Reasons for changes between initial cost estimation and agreed project cost at commencement;

·    Setting a suitable contingent cost variation level based on risk weightings and report total project cost based on expected cost plus contingencies;

·    Report on level of contingent cost utilised including reasons; and

·    Outcomes and Council benefits.

 

Council could also have a more detailed report to Mannex using the formats suggested in recommendation number R4.2

 

The design of the report will be critical given that Council is presently trying to finalise the off stream water storage project for approval and commencement in the coming 12 months.

Richard Spain

Jan 12

Project management process and templates for major projects

R4.2

 

 

 

 


Given Nambucca is going through establishing another major project (off stream water storage) and will continue to maintain and improve its infrastructure, Council needs a formal project management approach for major projects.

Develop reporting/communication and project management mechanisms for council projects especially internally managed projects greater than $2 million.  This should include:

 

·    Risk identification

·    Cash flow projections

·    Budgets and costing performance

·    Development of contingency costing based on risk assessment (wet weather delays, technical complexity etc)

·    Early contractor involvement if required

·    Use of registers and follow-up of same

·    Quality control reporting

·    Design establishment and risks

·    Design sign off

·    Implementation planning

·    Milestone and hold points

·    Requests for information during project – what is the implication to project design, planning or implementation?

Richard Spain/Paul Gallagher

Jun 12

R4.3

Our review of the sewer treatment plant project revealed that it had established useful management tools such a registers for issues to be recorded, followed-up and treated.

 

Given Nambucca is currently establishing another major project (off stream water storage) and will continue to maintain and improve its infrastructure, we believe Council needs to develop project issues register.

Develop Issues Registers for projects such as:

 

·    Issues and improvements

·    Non-conformance and treatment

·    Project variations

·    Risks register – design, planning, implementation and closure

Richard Spain/Paul Gallagher

Jun 12

R4.4

Given the complexity of some projects, including the proposed off stream water storage, that project management is core to Council objectives and the need to monitor professional project managers, Council should consider exploring project management training.

Training for project management skills to be explored to allow other project management recommendations to be implemented and also allow better supervision of contracted project managers.  Council could train a project champion and then the nominated person assists with the training of others

 

Alternatively, depending on cost, staff with appropriate skills use existing knowledge and focus on improvement in project management with other key staff.

Richard Spain/Paul Gallagher

Jun 12

Outsourced Project management control

R4.5

Department of Works provided the professional project management for the sewerage Treatment Plant.  During this project there was some discussion regarding the costs and variation of the project management costs.

 

Given the planned off stream water storage project in the future and the cost of outsourced project management, there is a risk that without mitigating control the outcomes from this service may not meet Council objectives or expectations.

Formalise outsource project management control for future improvements including.

 

·    Establish critical service needed from external provider

·    Performance measures and outcomes

·    Level of monitoring and documentation of same

·    Debrief for future awareness

 

Richard Spain/Paul Gallagher

Jun 12

Capital works and work order control

R4.6

Currently purchase orders and works orders are coded to broad “town Schemes” for water and sewer projects to track maintenance and capital works for these towns.

 

Given the need for greater cost tracking for asset management on suitable asset types, location, segments and asset components, the current coding and cost tracking approach is insufficient.

Work orders and general ledger structure needs to be amended to meet asset management data needs in the future.

 

Asset data needs for maintenance and capital works to be explored and ledger and works orders amended.

Paul Gallagher

Jun 12

R4.7

Council is presently improving its capital works control including:

 

·    Engineering team developing program of works

·    Technical services design the works

·    Scope of works to be defined and mitigating risk factors documented

·    Technical services cost the works

·    Work order created with budget and then suitable monitoring of work order efficiency

Council to ensure capital works process improves to increase accountability of project outcomes, especially cost control through monitoring of works orders and job codes.

 

This needs to be implemented for projects for over $250,000.

Paul Gallagher

Jun 12

 

 

 

 

Rating Key

During our report we have grouped findings using “traffic light” symbols as follows:

Issue of high risk/impact requiring action by Council within 6 months

 

Issue of low risk/impact requiring action within 2 years

 

Issue of medium risk/impact requiring action by Council within 1 year

 

 

Efficiency suggestion for improvement with no set timeframe for action but exploration of idea should occur within 12 months

 

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.4      SF1480            170714         Transfer of encroachment licence from Shibba to Dennien

 

AUTHOR/ENQUIRIES:    Wayne Lowe, Manager Business Development         

 

Summary:

 

Council, as Crown Lands Reserve Trust Manager, seeks permission by resolution of Council to approve a new trust license for Reserve No 88941 part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183 Nambucca Heads - 26 Swimming Creek Rd, Nambucca Heads NSW 2448, Licensed area 2,401m2 from Shibba Pty Ltd to Dennien Superannuation.

 

Council at its meeting 7 April 2011 (License to Nambucca Holiday Park for Encroachment onto Crown Land) resolved:

 

1. That Council in its capacity as Reserve Trust Manager for the Reserve R88941 and pending finalisation of a long term lease agreement grant a license to the registered proprietor of Lot 162 in DP 755560 for occupation of the area of encroachment onto part Lot 7003 in DP 1113130 and part Lot 7001 DP 1117183 for a period of three years subject to terms and conditions deemed reasonable and appropriate by Council’s legal advisor on the matter.

 

2. That the General Manager and the Mayor be authorised to conclude negotiations for the new license term and conditions and execute all documents required to give effect to the license.

 

All of the above actions proceeded providing for the three year term which expired on 31 May 2014.

 

A new license has been prepared by the Lands Department to extend the license for the encroachments for a further of 5 years to Mr Ian Watson.  The new license identifies that at the end of this 5 year period that all encroachments will be removed unless otherwise determined by the Minister.  The period of license is 5 years from 1 June 2014 with the expiry date being 30 May 2019.

 

On the 11 November 2013 Council received a letter from WMW solicitors acting for Dennien Superannuation in relation to buying the Caravan Park business and freehold and seeking an extension of the encroachment agreement and transfer of license from Watson to Dennien.

 

On the 2 April 2014 Council was contacted by Mr Ian Watson to inform Council that the sale of the Nambucca Beach Holiday Park Pty Ltd had been finalized.

 

It is the intention of the Dennien group to continue to pursue the purchase of the encroached land from the Crown after the Native Title Claim has been dealt with by the Minister.

 

The new valuation for rental for the license as at March 2014 is $8,500.00 per annum, a reduction from the previous amount of $9,307.84.

 

 

Recommendation:

 

That a new license agreement for encroachments be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, and that Council’s seal be attached to the licence documents as required.

 

 

 

OPTIONS:

 

·      Council can accept the report

·      Council can request a presentation by the Manager Business Development for more information

·      Council can refuse the granting of support to issue a new license.

 

 

DISCUSSION:

 

There have been discussions with the Crown Lands concerning the transfer of ownership of the Swimming Creek caravan park.

 

Mr Barry Dennien has provided a letter to Council confirming that they would meet any outstanding obligations making a commitment to the reserve trust to take over all issues related to the encroachments and any future dealings with Crown Lands.

 

The previous licensee was instructed to fence the encroached area under lease, this being a requirement of the Crown Lands for the transfer of the licence.  These works have now been completed by the new owners and accordingly Council can now determine to support to issue of the new licence to the new owners.

 

 

CONSULTATION:

 

·      Department of Lands Grafton

·      Previous owners being Mr Ian Watson

·      New Owner Mr Barry Dennien

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no environmental concerns.

 

Social

 

This report has no social implications for council.

 

Economic

 

The economic impact from this report is the reduction of licence fee that council will receive being a reduction of $807.84 per annum.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

This report has an impact of $807.84 reduction from license fee income for this license.

 

Direct and indirect impact on current and future budgets

This report has no direct impact on current or future budgets

 

Source of fund and any variance to working funds

No funds or variances required.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.5      SF669              170714         Draft NSW Growth Planning Regions

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is for Council to consider the proposed new growth planning regions and endorse matters identified for a submission on the draft document.

 

The report also provides information on the commencement of the growth planning process which was highlighted as action under the NSW Planning Reforms.

 

 

Recommendation:

 

That Council make a submission to the Department of Planning and Environment regarding the draft Regions for Growth Planning NSW publication which is presently on exhibition.

 

That Council note NSW Department of Planning and Environment has commenced the process of preparing Regional Growth Plans.

 

 

OPTIONS:

 

Council may choose to add other items to the content of the submission.

 

DISCUSSION:

 

The department has announced that it will be commencing preparation of Regional Growth Plans. For our Region the regional growth plan will replace the Mid North Coast Regional Strategy. The Regional Growth Plans will include planning for a range of housing and jobs to meet the population changes and the infrastructure needed to support this.

 

From initial release information it seems one of the major differences between the new growth plans and existing will be the focus given to infrastructure, which was limited in the Mid North Coast Regional Strategy. It is anticipated that state government may align funding programs to the provision of infrastructure to support projected growth, which was a significant gap in the implementation of the Mid North Coast Strategy.

 

Some initial contact has been made with Councils Strategic Planner and Councils Manager of Water and Sewer.

 

As part of the development of Regional Growth Plan process the Department has prepared a draft Regions for Growth Planning NSW Report. The purpose of this document is to essentially provide the areas to which each individual growth plan will align.

 

The Nambucca LGA has been grouped into the ‘North Coast Region’ which includes Ballina; Bellingen; Byron; Clarence Valley; Coffs Harbour; Gloucester; Great Lakes; Greater Taree; Kempsey; Kyogle; Lismore; Nambucca; Port Macquarie-Hastings; Richmond Valley; and Tweed.

 

This is an amalgamation of the previous Mid North Coast and Far North Coast Regions + Gloucester. The reporting indicates that the development of the regions is based on:

 

-     Spatial patterns of population growth and migration;

-     Relationships between major regional centres and neighbouring communities;

-     Cross border influences;

-     Shared economic, social and environmental challenges;

-     Relationships between neighbouring Councils;

-     And information and evidence from the local government review panel.

 

A copy of the draft Regions for Growth Planning NSW Report is attached.

 

There is not a great deal of information in the document to provide comment on, nevertheless the following main points are raised:

 

-     The discussion paper recognises that cross border influences were a factor in identifying boundaries. Planning in Northern NSW areas would be significantly influenced by growth in southern Queensland. Similarities between growth in the far north of NSW and the mid north issues would be limited. This likely to be one of key factors differentiating between the mid north coast areas and the northern LGA’s.

 

-     Collaboration between Councils over a large area would be more difficult and unlikely to occur successfully.

 

Despite the points raised above each sub region or locality will have its issues to address, and the attention matters may receive would depend on the format of the Regional Plan. It is anticipated that the regional plan could still address all issues if developed in an appropriate format and with consultation involving all local government areas.

 

A greater concern is how the infrastructure development will align within a larger region and how associated funding will be directed.

 

With the recent upgrades to Councils Sewerage Treatment Plant (Nambucca) and the construction of the off River Storage facility Nambucca Shire will be well positioned to accept growth in the future. The Gap that is present is the infrastructure required to connect growth areas to the services, for example the Valla Growth Area and the Lower Nambucca B7 Business Park.

 

 

CONSULTATION:

 

Nil

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The regional growth plans being prepared by the Department will give consideration to environmental attributes of the region.

 

Social

 

The regional growth plans being prepared by the Department will give consideration to social issues likely to affect the region.

 

Economic

 

The regional growth plans being prepared by the Department will give consideration to social issues likely to affect the region.

 

Risk

 

Nil

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

As the draft regional growth plans are being prepared, planning and engineering staff time may be required to review and comment on components of the plan. Further senior management involvement and Councillors are likely to be engaged in the consultation process which will be completed by the Department.

 

Attachments:

1

18120/2014 - Draft Regions for Growth Planning NSW (2)

 

  


Ordinary Council Meeting - 17 July 2014

Draft NSW Growth Planning Regions

 





















Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.6      SF1141            170714         Nambucca River Masterplan and Proposed Tennis Club Building

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

The purpose of this report is to obtain Councils endorsement for a variation to the Nambucca River Masterplan in relation to the relocation of a proposed Tennis Club Facility at Gordon Park.

 

 

Recommendation:

 

That Council endorse the proposed relocation of the Tennis Club as shown on the western side of the existing tennis courts within the Nambucca River Master Plan to a position on the southern side of the courts subject to appropriate environmental and infrastructure considerations during the design of the building

 

 

OPTIONS:

 

Council may choose not to support the proposed location in preference to the approved Nambucca River Master Plan Concepts.

 

DISCUSSION:

 

The President of the Nambucca Tennis Club Mr John Tait approached Council advising that the Tennis Club was seeking grant funding to construct a new club facility.  The proposed location varies significantly from the location shown in the Nambucca River Master Plan.

 

The Nambucca River Master Plan provides concepts for the development of public areas along the Nambucca River including Gordon Park and is subject to detailed investigation at design phase. In some instances the concepts shown in the Master Plan may not be practical due to physical and environmental constraints and do not provide the best result and alternatives need to be considered.

 

In this instance the footprint of the proposed tennis club facility shown in the Nambucca River Master Plan is not practically positioned being located on the western side of the existing tennis courts on a section of steep slopping land that requires substantial earthworks.

 

Council staff have inspected the site with Mr Tait and the proposed relocation to the southern side of the existing tennis courts is supported as a more practicable site requiring minimal earthworks and no impact on the environment. There is a stormwater drainage line in the vicinity of the proposed site which may require some engineering design encompassing concrete encasing over a short distance of the of the stormwater infrastructure.

 

CONSULTATION:

 

Assistant General Management Engineering Services

Mr John Tait

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed location is on cleared portion of Gordon Park with no environmental constraints or impact on the environment

 

Social

 

The proposed structure will provide benefits to community organisation.

 

Economic

 

There are no economic issues with the proposed relocation of the tennis club.

 

Risk

 

There is substantial risk associated with the proposed location of the tennis club shown in the adopted master plan, requiring extensive excavation into the embankment and risk of vandalism to the building with the roof top being accessible from the bank. The location is not practicable and was drafted as a concept only.

 

Council staff have inspected the site and a stormwater drainage line is in the vicinity of the proposed relocated site of the tennis club which may require concrete encasing over a short distance of the of the stormwater infrastructure. The proposed building is a prefabricated structure that will be constructed on piers allowing relocation of the building in the event there is an issue with the stormwater drainage line.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on Councils current or future budgets with respect to relocation of the proposed structure. The project will only proceed under grant funding and future maintenance of the new structure will be met by the Tennis Club

 

Source of fund and any variance to working funds

 

The Tennis Club are seeking grants for the project and there is no anticipated variation to working funds.

 

Service level changes and resourcing/staff implications

 

There are potential future staff implications if grant funds are obtained and the project proceeds, as Council staff maybe required to administer the grant funds and provide project management services.

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.7      SF1541            170714         Commercial Land Use Zones in Macksville

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with a draft zoning plan for the existing commercial zoned land in Macksville and recommend a way forward with the Planning Proposal.

 

 

Recommendation:

 

That Council’s Strategic Planner proceed to consult with landholders affected by the proposed amendment and after this consultation has been concluded a further report be provided to Council on a final Planning Proposal for adoption.

 

 

OPTIONS:

 

·              Council may choose not to proceed with the amendment

 

·           Council may choose to proceed to submitted a planning proposal to the Department of Planning and Infrastructure with the proposed changes identified in this report. Consulting with the community as part of the planning proposal process.

 

DISCUSSION:

 

In anticipation of the impending Pacific Highway upgrade and future bypass of the Macksville Town Centre, Nambucca Shire Council has commenced a number of initiatives to prepare the town for change and opportunity including the following:

 

·              Macksville observations and opportunities reporting;

·              Macksville Town Centre Revitalisation Planning;

·              Macksville Town Strategic Economic Market forum;

·              Examination of Land Use planning.

 

An examination of the existing land use zones has led to the preparation of the preparation of some draft amendments to the Nambucca Local Environmental Plan 2010 which is part of this suite of initiatives to prepare the town for the bypass but also refocus commercial activity in the town centre. The main objectives of the proposed amendment are to:

 

·           Reduce the spread of commercial activity into areas largely used for residential purposes and reduce the potential for conflict in these areas;

·              Refocus commercial activity to the main commercial centre of Macksville;

·           Increase the potential for activation of the town centre allowing residential development in areas fringing the CBD but not eliminate the potential for commercial development.

 

An observations and opportunities report prepared for Macksville indicated the following:

 

- The B3 Commercial Core Land use zone should be reconsidered in areas where the actual land use is predominately residential.

 

- An alternative may be to rezone the land B4 Mixed Use which allows either commercial or residential uses. Acknowledge the potential for landuse conflicts or the land could be rezoned to the predominate use in that area (an appropriate residential zone).

 

The matter was reported to Council on 27 March 2014 and Council resolved the following:

 

That Council endorse the commencement of investigations and preparation of a planning proposal into a refinement of the commercial zones in both Nambucca Heads and Macksville. A further report would be presented for the endorsement of a planning proposal once the matter has been further investigated.

 

This planning proposal represents the proposed amendments for Macksville. A later report will be prepared for Nambucca.

 

Commercial land use audit

 

In 2008/09 Council adopted is Local Growth Management Plan – employment lands. The Local Growth Management plan included a commercial and industrial land audit. The first part of this proposal was to revisit the audit so a comparison could be made between the land uses undertaken on the commercial land in 2008 and six years later in 2014.

 

At the time of preparing this report the differences between the two (2) audits were yet to be analysed. This will be shown in future reporting.

 

Land use mapping

 

The audit has been used to produce a land use map. This map illustrates the current pattern of development in the commercial zoned land. This can then be used to guide the preparation of draft land use zone maps.

 

Draft Land Zoning Maps

 

Proposed Land use zone maps have been prepared, taking into consideration the current patterns of development as well as the following principles or objectives:

-     Reduce land use conflicts in areas largely occupied by residential land uses;

-     Focus commercial activity towards to the town centre and reduce commercial spread;

-     Increase the potential for activation of the Town Centre;

 

Other Matters to be considered

 

Rates – Many landowners would be interested to know how the rezoning may affect their payable Council rates. Council’s rates officer has been consulted and the following advice has been provided:

 

-     Rates are generally based on land use so the majority of areas will not be affected;

-   Business operating in a B4 Mixed Use zone are likely to obtain a reduced rate as they will no longer be located in the core business area by zone.

 

Land Values – staff are in the process of obtaining before and after land valuations for some properties that are changing from B3 Commercial Core to:

 

-     B4 Mixed Use;

-     R3 Medium Density Residential;

-     R1 General Residential.

 

These valuations will be acquired prior to undertaking any community consultation.

 

Existing Uses

 

There are few commercial uses presently operating in proposed residential areas (3) . It must be noted that businesses already legally operating can continue to do so under Existing Use provisions of the Environmental Planning and Assessment Act 1979. Also the following commercial uses would still be permissible in the residential areas:

 

-     Home occupations;

-     Home Business;

-     Home Industry;

-     Neighbourhood shop;

 

The key objectives of these uses are that they do not interfere with the amenity of the surrounding neighbourhood.

 

Change of Use

 

At present many of the residential dwellings in the commercial zone rely on existing use rights. Council may receive an application for a commercial use within a dwelling or predominately residential area. This would be achieved by a development application for a change of use.

 

If for any reason the DA approved business fails, as a commercial zone the owner can not change the use back to residential, it can only retain its commercial status or provide shop top housing. This provides uncertainty for business and can affect marketability of property.

 

This proposal will rectify this issue by providing certainty for property owners, ensure residential land uses are retained in residential neighbourhood, commercial development is directed to the town centre and some flexibility is provided in the fringing area between the commercial and residential zones through the mixed use provisions.

 

Floor space ratio and height

 

Height of buildings is not proposed to be changed. The existing height across the B3 Commercial Core area is a mix between 10m and 14m.

 

The floor space ratio is proposed to pick up on the equivalent land use zones surrounding the proposed changes. The following is proposed:

 

-     B4 Mixed Use – no change

-     R3 Medium Density Residential (1:1)

-     R1 General Residential (0.55:1)

 

The floor space ratio for the school will not be amended.

 

Consultation and Exhibition

 

Typically Council would obtain a Council resolution to proceed with the amendment identified in this report now. However given the significant number of amendments it proposed to consult directly with the land owners in the first instance. This will allow any significant concerns to be addressed prior to gaining Councils approval to proceed. It is hoped that progressing the proposal in this way will avoid the need to make additional amendments to the proposal and reduce reporting to the Council and the Department of Planning and Infrastructure.

 

Preliminary feedback from the Department of planning & Environment

 

Based on the existing land uses the Departments initial assessment is that the proposal will provided some positive outcomes but also provided the following preliminary advice.

 

Strategic Framework

 

The Nambucca Local Growth Management Strategy Employment Lands 2010 identified a need for additional office and retail floor space during the life of the strategy. The Strategy suggested that this would be achieved with higher floor areas in the existing commercial zones. While I understand what Council is trying to achieve in reviewing the zones in the Macksville CBD, the planning proposal should address this need for additional floor area as identified by the strategy. Will the proposed reduction in the area of the B3 zone still enable the necessary increases in floor area for commercial uses to meet future demand? If you had some figures for this they should be included in the proposal.

The Mid North Coast Regional Strategy also contains the action;

Local environmental plans will ensure that sufficient lands which are zoned industrial and business and currently vacant are protected to accommodate the new jobs required for each local government area until 2031.

 

While not all of the B3 land is vacant, the principle of retaining sufficient B3 zoned land to cater for future demand is still relevant, as discussed above in relation to the employment lands strategy.

 

Council Staff response:

As the proposal is prepared and prior to consulting with the community this issues will be investigated. It is noted the B3 Commercial Core areas are not presently restricted by a Floor Space Ratio and have generous height limits to achieve increases in density. Two (2) vacant land parcels will be retained in the commercial core zone to provide for some future growth. Driving the commercial activity back into the centre now may lead to an increase in activity in the town centre, growth can then be accommodated through future amendments should the market demand increase.

 

Floor Space Ratios

I note that you intend to apply floor space ratios to the areas of land proposed to be zoned R1, R3 and B4 and this is supported. I note the building heights are not proposed to change and this appears to be appropriate.

 

Land Use Conflict

There are 5 lots west of West Street and south of McKay St which are going from B3 to B4 and they adjoin the industrial zone. I note from your audit map that  three of the lots have dwellings on them now and two are commercial in use. Given the proximity to the industrial zone is it desirable to allow mixed use in this location and perhaps an increased amount of residential development? Would it be better to stop the B4 zone on the eastern side of West St? I am not familiar enough with the location to be able to provide specific recommendations, this is just an observation based on the mapping.

 

Council Staff response:

 

Agreed, the commercial areas immediately adjoining the industrial area will be retained, prior to consulting with landholders the draft maps will be amended.

 

Section 117 Directions

 

The S117 Directions which will be most applicable to this proposal are;

1.1 Business and Industrial Zones - The proposal will need to address the direction's requirement that there be no reduction in the total potential floor space area for employment uses, and that the proposal shall retain areas and locations of  existing business and industrial zones. These issues will be related to the future commercial floor space demand discussed in relation to the Employment Lands Strategy previously.

3.1 Residential Zones - though I expect the proposal would not be inconsistent with the objectives of the direction.

4.3 Flood Prone Land - I understand some of the subject land is flood prone. Will the change of zoning allow significant increases in development of that land? I would suspect it would not but this matter needs to be given some consideration and discussion in the planning proposal. Issues such as new FSRs for the R1 zoned land compared to no current FSR for the B3 land. Proposed MLS for the R1 land.

 

Council staff response:

 

117 Directions will be addressed as appropriate during the preparation of the Planning Proposal.

 

Minimum Lot size

 

Will a MLS be applied to the new residential zones? I note that the other residential zones in Macksville have a MLS. This could also influence development potential in relation to the flooding issue.

 

Council staff response:

Minimum lot sizes will be applied in the context of the surrounding land.

 

CONSULTATION:

 

Manager of Development and Environment

Senior Town Planner

Department of Planning and Infrastructure

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The proposal is focused on areas that are existing commercial or residential properties. There is no Environmental impact associated with the proposed amendment.

 

Social

The objectives of the planning proposal include some items that should have positive social outputs.

For example a reduction in the potential for land use conflicts in areas dominated by residential dwellings. By allowing some residential development on the fringe of town may also contribute to the activation of the town centre. 

 

Economic

It is anticipated that the planning proposal will provide a positive contribution to the Macksville Town. The proposal will provide more certainty for land owners in regards what land uses may occur in their neighbourhood.

 

In terms of land marketability the land uses zones will better reflect the character of the area, and may improve resale opportunities

 

Risk

The planning proposal will be exhibited, and at any time Council may choose not to proceed with the LEP Amendment. There is no risk associated with this amendment at this time.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The planning proposal will be prepared using staff resources. Should the department of planning require additional specialist reporting at any time, a further report will be prepared to Council in regards to costs and budgets.

 

Staff are presently awaiting quotes regarding the cost to prepare land valuations. Associated costs will be sourced from Councils planning budget.

 

Source of fund and any variance to working funds

To be advised and reported to Council as necessary.

 

Service level changes and resourcing/staff implications

The proposal is being prepared by Councils Strategic Planner.

 

Attachments:

1

18316/2014 - Landuse map 2014

 

2

18315/2014 - commercial audit macksville draft land use zones

 

  


Ordinary Council Meeting - 17 July 2014

Commercial Land Use Zones in Macksville

 


Ordinary Council Meeting - 17 July 2014

Commercial Land Use Zones in Macksville

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager

ITEM 9.8      SF1232            170714         Pelican Park - Review of On Site Sewerage Management System

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor; Michael Coulter, General Manager         

 

Summary:

 

This report was deferred from Council meeting held on 12 June 2014 and is re-presented for Council’s consideration.

 

The report presents a comprehensive audit of the on-site sewerage management system(s) servicing the premises known as Pelican Park carried out by Whitehead and Associates Environmental Pty Ltd. The audit report lists a suite of recommendations which are supported.

 

 

Recommendation:

 

1        That the on-site sewerage management system licences for the Park be renewed for 6 months incorporating those recommendations in the Whitehead and Associates report that relate specifically to the management of the system and its components being:

·           A maintenance contract is to be signed by the park owners with a reputable servicing agent.  Quarterly inspections must be undertaken as well as an annual report to Council;

·           6 monthly effluent grab samples are to be collected and analysed for TSS, BOD, FC and residual Cl;

·           The treatment systems and pump-wells are to be repaired by pump out, alarm repair, chlorination repair etc, as noted in the report;

·           To ensure that the risks to offsite receptors are reduced, within a reasonable period ultraviolet lamps are to be installed on both treatment plants to ensure that disinfection is occurring;

·           To ensure effluent from the top LAA is not being pumped to the lower LAA;

·           Placement of a run-on berm between the bottom LAA and the Pacific Highway;

·           Repair of the top OSMS by removing any flood or spray application hoses, or taps, and installing surface mulch covered drip lines on the vegetated northern boundary and embankment area near the top amenities; and

·           Placement of signage at all LAA’s to warn users of the irrigation of effluent.

 

2        That Council staff investigate and report to Council within 6 months, the viability of a low pressure or vacuum sewer or any other option so as to enable the caravan park to be connected to Council’s sewerage system at Bellwood.  The report is to include options to finance the work and the contributions expected from the caravan park and other property owners who may benefit.

 

 

OPTIONS:

 

The findings of the report from Whitehead and Associates are such that there is not considered to be a “do nothing” option.  There is the option of a Wisconsin sand mound as an alternative to a connection to the sewerage system.  However further investment in on-site sewage management arrangements does have risk if ultimately, for whatever reason, the system does not provide the required performance.

 

 

DISCUSSION:

 

This report was deferred from Council’s meeting on 12 June 2014.

 

Pelican Park which is located at 5982 Pacific Highway, Nambucca Heads is licensed to operate as a caravan park and camping ground with 89 sites comprised of 28 long term or permanent sites, 40 short term sites and 21 camping sites.

 

The site is connected to Council’s town water system and relies on on-site effluent treatment and disposal.

 

The Park is subject to a licensing arrangement with Council for both the operation of the caravan park and the operation of its on site sewerage management systems.  These licensing arrangements are set out in the Local Government Act, 1993.

 

The on-site sewerage licences for the Park have expired and require renewal.

 

The Caravan Park and Camping ground licence is set to expire on 31 December 2014.

 

The site is high risk for on-site treatment and disposal of sewerage given, amongst other things, the flood prone nature of the site, the proximity to oyster aquaculture areas on the Nambucca River and the nature of the land use.

 

A proposed upgrade of the system was submitted to Council on 21 August 2009 by Rosewood Environmental Services as a result of concerns from Council. The site is within the referral range for on-site sewerage activities to the Department of Primary Industries who administer State Environmental Planning Policy 62 – Sustainable Aquaculture.

 

Given some of the complexities associated with the site, risk exposure to Council and the desire to arrive at an outcome, Whitehead and Associates Environmental Consultants were engaged to review and report on both the Rosewood report and the existing on site system(s) servicing Pelican Park.  The final report dated 23 May 2014 is attached.

 

The report identifies many areas of non-compliance and failures of the system from both a management and maintenance perspective.

 

The following clarifies some acronyms in the Whitehead and Associates report;

 

SSI - Sub-Surface Irrigation.

LAA – Land Application Area.

LPED – Low Pressure Effluent Distribution.

 

 

CONSULTATION:

 

The Department of Primary Industries have ongoing concerns about the on-site sewerage management system at Pelican Park, particularly risks associated with the adjoining oyster aquaculture area. The preparation of the subject audit report was supported by Primary Industries.

 

The NSW Ministry of Health have expressed similar concerns. They also supported the preparation of the audit report.

 

A response to the report from Whitehead and Associates and this report has now been received from the caravan park operators.  Their response is attached.  The caravan park operators have advised that they are happy with the recommendations but understandably very nervous about the costing to be put on a sewerage system.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Whitehead and Associates report identifies existing poor practices and limiting site constraints. Incorporation of those recommendations that relate to the management of the system and its components into the licensing arrangement for the on-site sewerage management system(s) on site will see improved environmental outcomes through enforcement. Failure to effectively manage this issue will have short and long term environmental impacts on the local environment.  There are numerous examples of the impact of poorly treated effluent and urban runoff on the estuary environment.  Some of these have affected human health (eg Wallis Lake) whilst others have ended oyster production through the introduction of viral pathogens (eg Hawkesbury River, Georges River, the Kalang River).

 

Social

 

Failure to meet the required environmental outcomes for effluent management may lead to the displacement of some or all of the Park’s permanent residents.

 

Economic

 

The economic impacts relate to the future of the caravan park.

 

Risk

 

As Council is the regulator with this matter, failure to effectively manage the existing risk may expose Council to liability through negligence.  Where human health and the future of the local oyster industry is at stake, the legal consequences of inaction could be very significant.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be considerable work required by Council staff to investigate and report on the viability of a low pressure or vacuum sewer or any other option so as to enable the caravan park to be connected to Council’s sewerage system at Bellwood. 

 

 

Attachments:

1

15663/2014 - Pelican Park - Whitehead & Associations Final Report

 

2

18191/2014 - Response from Pelican Park

 

  


Ordinary Council Meeting - 17 July 2014

Pelican Park - Review of On Site Sewerage Management System

 






























































Ordinary Council Meeting - 17 July 2014

Pelican Park - Review of On Site Sewerage Management System

 

Pelican Park

5982 Pacific Highway

Nambucca Heads, 2448

ABN 13 034 502 017

Phone (02) 6568 6505

Pelican_park@bigpond.com

www.pelicanpark.com.au

                                                                                                                                              Fax: (02)6568 5715

 

To the Mayor, Councillors and General Manager

Nambucca Shire Council

PO Box 177

Macksville, 2447

 

24th June 2014

 

Background: We have two sewerage treatment plants in the Caravan Park. It is  not a septic system.  Any water that is produced is treated effluent and not sewerage. This is dispersed under the ground away from the river.

 

Mid 2009 we commissioned an onsite domestic wastewater management report to be done at our expense by Rosewood Environmental services Pty Ltd of Port Macquarie. We submitted this with a DA and the necessary fees in August 2009.  We were then informed that we did not need a DA but a modification to the DA.

 

We heard nothing until 27th July 2010 when we received a letter stating that Council was considering extension of the sewerage lines and meetings would be held.

 

Then in May 2013 we were told that we needed to have more information which was addressed by Rosewood Environmental Services in a letter.

 

We wish to address the recommendations:

·    We have Biotech Coffs Harbour coming in quarterly. He has been doing so for the past five years and sends his report to Council every time.

·    We are happy to continue the effluent testing

·    We have booked Tony Gordon to pump out all systems on 1st and 2nd of July. We have also contacted Jac Plumbing and  Michael Noonan Electrics all reapir anything needed.

·    Ultaviolet lamps are to be installed by Jac Plumbing. He will be inspecting this on the 28th June 2014

·    We need more information regarding the size and height of a berm.

·    Any spray application hoses have been removed and more mulch has been added.

·    Signs are being ordered: “This area is irrigated using treated effluent.”

 

 

 

However we also wish to address the Audit of OSMS at Pelican Park Nambucca Heads by Whitehead and Associates.

 

There are a number of incorrect statements in this maybe because we were out of the country when the consultant came to the Park.

 

We are shocked that we were never consulted even after the visit. How can one make an accurate evaluation without talking to the park owners.  As a result the following statements made by the Audit are incorrect:

 

Firstly this system is not a septic system but two sewerage treatment plants and references to septic tanks are incorrect. These are storage tanks.

 

6.1 Page 11 One resident was interviewed. We don’t consider this an accurate sample as we were not even consulted. These residents own their own homes and we are not able to dictate to them what they must install in their homes. We can encourage this which we do but the regulations for caravan parks do not allow us to insist on them providing dual flush toilets or water saving shower roses. We organized that residents could have water saving shower roses supplied free. Most residents took up this offer.

We have also provided educational published material which emphasizes the biological nature of the treatment plants and encourages residents to use environmentally friendly products.

 

6.2 Tony Gordon has been booked for 1.7.14 and 2.7.14 to desluge the tanks.

 

6.3 Page 14  states” The lawn was observed to be quite dry, and W&A suspect that the amenities application area has been disconnected entirely with all the effluent applied to the second LAA of the top OSMS or partially down to the bottom LAA.

Photograph 6 shows that the water valve is open and the system is not disconnected as they “suspected” it was. It works efficiently but there is not as high a usage as they seem to think there is. A flow meter would confirm this.

 

On photograph 6 (page 14) the polypipe line has been disconnected as we do not want any water entering the river system. However this system is not used by many people and this additional outflow is not necessary.

 

The Disconnected garden tap adjacent to site 24 was disconnected long before we took over the Park ten years ago.

 

Photograph 8 on page 15 shows a polypipe which is no longer in use as the garden used to extend past this point. This can be removed if necessary.

 

6.4 Page 17 states that “ a neighbour” only was asked re the odour. Did the consultant notice an odour? That is not mentioned.

 

 

6.5 Page 18 “a neighbour” was interviewed and incorrectly stated that we allow children and people to use this as a recreational area.  This area is not used for camping or any other recreational purposes. Cars may park along the side of the road if the park is full.

 

7. Page 21 Site Assessment

 

I have enclosed a photo taken of the sewerage treatment plant at 1.45pm on February 23rd 2013. This was at the highest point of the last inundation which we were told was a one in 100 year flood. It shows that the tanks are above this line. It is also important to note that our floods are affected by the tides and that this was at high tide and the following morning the water had receded. Please note that we usually have good notice of any flood and all tourists leave. Also some of the permanent residents also visit friends at these times. This would mean that we would probably only have a maximum of 33 and 40 people in the park using both sewerage treatment plants.

 

It again states that the LAA for the OSMS is unused. This is not correct.

 

Regarding the oyster leases the adjacent lease which is regularly tested has never been closed due to our sewerage treatment plant. As with the other oyster leases they are closed due to flooding only.

 

8. Assessment of existing LAA

 

Occupancy:

 

Permanents:

We have 28 permanents. On these sites we have the following living

1.   Hansen   one person

2.   Smoothy         “

3.   O’Neill            “

4.   Sheldon          “

5.   Franks            “

6.   Wright     two people

7.   Kennedy  one person

8.   Yeomans        “

11.  Denniss          “

18. Lindsay           “

19. Lockhart        “

21. Grace        two persons

22. Manning  one person

23. Foley               “

24. Townsend      “

25. Dewberry       “

26. Cole                 “

27. Elliott              “

28.       Billiet        two persons

29. Sperduty   one person

47. Martini           “

50. Spalding         “

64. Gibbs              “

65. Whitehead     “

67. Dryden/Groves two persons

68. Smith           one person

69. Adair               “

70. Ellingwood  two persons

 

This is a total of 33 persons in their own homes all year round.

 

In our tourist cabins and sites we normally have 12 people if it is quiet and up to approximately 20 or 25 on a busier weekends. Please note this is not every weekend.

 

Peak occupancy  27th December till 3rd January (Two weeks)

 

Last Christmas for the two weeks we had an extra 135 people per night  over the very busiest time. ( Peak occupancy  27th December till 3th January -Two weeks)

This means our total for the busiest time is 168 persons. This is over the whole park area.

After the 3rd January this drops dramatically to approximately half for the next two weeks after which it returns to normal.

This can be summarised thus:

* Minumum persons - upper treatment area- 18 persons

                                 Bottom treatment area- 35 persons per day

                                                               Minimum total 53 persons

 

* Some  busier  weekends    - Upper treatment area   20 persons

                                              Bottom treatment area 46 persons

                                                            Busier total weekend 66 persons

 

* Christmas 2 weeks 100% occupancy

(Difficult to isolate which plant they use).

                                                            Christmas total 168 persons 

 

Please note that during our peak occupancy time of Christmas it is much warmer which will aid the expiration of effluent water.

 

Your sincerely

Rod and Eleonora Snart


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.9      SF1920            170714         Minutes of the Access Committee meeting held 22 April 2014

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 22 April 2014 are attached for Council’s endorsement. 

 

There were no specific recommendations for Council’s attention.

 

 

Recommendation:

 

That the minutes of the Nambucca Shire Council Access Committee meeting held 22 April 2014 be endorsed.

 

 

OPTIONS:

 

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

 

DISCUSSION:

Nothing required.

 

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

11053/2014 - Minutes - Access Committee - 22 April 2014

 

  


Ordinary Council Meeting - 17 July 2014

Minutes of the Access Committee meeting held 22 April 2014

 

PRESENT

 

Cr E South (Deputy Chairperson)

Mr Keith Davis

Mr Peter Shales

Ms Coral Hutchinson

Cr A Smyth

Dr Dorothy Secomb

Ms Kerry Sanders

 

 

APOLOGIES

 

Ms Margaret Hutchinson

Ms Jenny Adams

Mrs Shirley Holmes (Chairperson)

Ms Lyndel Bosman (Guide Dogs)

Ms Lee-anne Funnell

Ms Alba Sky

Mr Les Small

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF1920              220414      Confirmation of the Minutes of the Previous Meeting held 25 March 2014

ReSOLVED: (SMYTH/DAVIS)

 

That the Committee confirm the minutes of the meeting held 25 March 2014.

 

 

 

 

ITEM 3.2      SF1920              220414      Business Arising from Previous Meeting held 25 March 2014

 

That matters arising from the minutes of the 25 March 2014 were noted without a formal motion. The Committee thanked Cr Smyth for a successful outcome with Seascape Mall and requested Kerry Sanders to raise the access issues with Star Street Medical Centre.  Other matters are ongoing and will require further discussion at the next meeting/s.

 

 

 

 

ITEM 3.3      SF1920              220414      Correspondence to the Access Committee meeting 22 April 2014

 

The correspondence was noted.

 

 

 

 

ITEM 3.4      SF1920              220414      Report on General Business to the Access Committee 22 April 2014

 

The following item was discussed:

 

Auslan course is being offered at Macksville TAFE

 

 

 

   

NEXT MEETING

 

The next meeting will be held on 27 May commencing at 2.00pm.  Items for the agenda:

 

·      The Parliamentary Inquiry into Non-registered Motorised Vehicles – What next?  Where to from here?

·      Access around the Council Chambers meeting room

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.20 pm. 

 

 

 

………………………………

CR ELAINE SOUTH

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.10    SF1920            170714         Minutes of the Access Committee meeting held 27 May 2014

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 27 May 2014 are attached for Council’s endorsement. 

There are no specific recommendations for Council’s attention.

 

 

Recommendation:

 

That the minutes of the Nambucca Shire Council Access Committee meeting held 27 May 2014 be endorsed.

 

 

OPTIONS:

 

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

 

DISCUSSION:

Nothing required.

 

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

13813/2014 - Minutes - Access Committee - 27 May 2014

 

  


Ordinary Council Meeting - 17 July 2014

Minutes of the Access Committee meeting held 27 May 2014

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Cr E South (Deputy Chairperson)

Ms Coral Hutchinson

Ms Jenny Adams

Dr Dorothy Secomb

Ms Margaret Hutchinson

Mr Keith Davis

Ms Kerry Sanders

 

 

APOLOGIES

 

Ms Lyndel Bosman (Guide Dogs)

Cr A Smyth

Ms Alba Sky

Ms Lee-anne Funnell

Mr Les Small

Mr Peter Shales

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF1920              270514      Confirmation of the Minutes of the Previous Meeting held 22 April 2014

Recommendation: (south/davis)

 

That the Committee confirm the minutes of the meeting held 22 April 2014.

 

 

 

 

ITEM 3.2      SF1920              270514      Business Arising from Previous Meeting held 22 April 2014

Recommendation: (davis/secomb)

 

In addition to those listed in the Business Paper, the following matters were noted:

1.   That Keith spoke with the manager of the with medical practice in Ridge Street, who thanked him for raising the location of the sign, and will raise this with the Hearing Service.

2.   That access at the Nambucca Heads Golf Club is much improved.

3.   Star Street Medical Centre – deferred.

 

 

 

 

ITEM 3.3      SF1920              270514      Correspondence to the Access Committee meeting 27 May 2014

Recommendation:

 

That the correspondence be noted and the Manager Community Development provide a response to Wheeleasy Foundation regarding the location of the Beach Wheelchair, and refer them to Paraquad which maintains this kind of information for their clients.

 

 

 

 

ITEM 3.4      SF1920              270514      Report on General Business to the Access Committee 27 May 2014

ReSOLVED:

 

The Committee noted the Ageing Well Expo to be held 20 August 2014 -  Kerry to follow up with Community Transport regarding transport; and the Veterans and Ex-services Information Day 24 September 2014. 

 

 

 

 

NEXT MEETING DATE

 

The next meeting will be held on 24 June 2014 commencing at 2.00pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.20 pm. 

 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.11    SF1920            170714         Minutes of the Access Committee meeting held 24 June 2014

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 June 2014 are attached for Council’s endorsement. 

 

There are 4 recommendations for Council’s attention.

 

Recommendation: (smyth/south)

 

That the streetscape works identified in the PAMP and proposed for 2014-2015 works schedule be noted.

 

Recommendation: (shales/south)

 

That the Access Committee supports an application to Roads and Maritime Services for funding to establish a school crossing in  Centenary Parade Nambucca Heads. 

 

Recommendation: (SMYTH/SHALES)

 

That Mrs Shirley Holmes be granted Leave of Absence for a period of 3 months and that Cr South steps up to the position of Chairperson for this period.  

 

Recommendation: (SHALES/south)

 

That Ms Fiona Henwood be endorsed as a Committee member following her return to Guide Dogs, in place of Lyndel Bosman.  

 

 

 

Recommendation:

 

1.       That the streetscape works identified in the PAMP and proposed for 2014-2015 works schedule be noted.

 

2.       That the Access Committee supports an application to Roads and Maritime Services for funding to establish a school crossing in Centenary Parade Nambucca Heads. 

 

3.       That Mrs Shirley Holmes be granted Leave of Absence for a period of 3 months and that Cr South steps up to the position of Chairperson for this period.  

 

4.       That Ms Fiona Henwood be endorsed as a Committee member following her return to Guide Dogs, in place of Lyndel Bosman.  

 

5.       That the remainder of the minutes of the Nambucca Shire Council Access Committee meeting held 24 June 2014 be endorsed.

 

 

OPTIONS:

 

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

 

 

 

DISCUSSION:

 

Nothing required.

 

 

CONSULTATION:

 

Manager Technical Services

 

 

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

17058/2014 - Minutes - Access Committee - 24 June 2014

 

  


Ordinary Council Meeting - 17 July 2014

Minutes of the Access Committee meeting held 24 June 2014

 

PRESENT

 

Mrs Shirley Holmes (Chairperson)

Cr E South (Deputy Chairperson)

Mr Peter Shales

Ms Alba Sky

Cr A Smyth

Dr Dorothy Secomb

Ms Coral Hutchinson

Mr Les Small

Mrs Fiona Henwood

 

 

APOLOGIES

 

Ms Lee-anne Funnell

Mr Keith Davis

Ms Kerry Sanders

Ms Jenny Adams

Ms Margaret Hutchinson

Ms Lyndel Bosman

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF1920              240614      Confirmation of the Minutes of the Previous Meeting held 27 May 2014

Recommendation: (south/secomb)

 

That the Committee confirm the minutes of the meeting held 27 May 2014.

 

 

 

 

ITEM 3.2      SF1920              240614      Business Arising from Previous Meeting held 27 May 2014

Recommendation: (secomb/south)

 

The matters arising were noted, however discussion on access to the Nambucca Hotel was deferred. 

 

 

 

 

ITEM 3.3      SF1920              240614      Correspondence to the Access Committee meeting 24 June 2014

Recommendation:

 

The correspondence as reported was noted, with the addition of a letter from Mrs Brenda Gadsby regarding access around Star Street Medical Centre, and the Coffs Harbour Access Advisory Committee agenda for 4 July meeting. 

 

 

 

 

ITEM 3.4      SF1920              240614      Report on General Business to the Access Committee 24 June 2014

Recommendation: (smyth/south)

 

1.   That the streetscape works identified in the PAMP and proposed for 2014-2015 works schedule be noted.

 

Recommendation: (shales/south)

 

2.   That the Access Committee supports an application to Roads and Maritime Services for funding to establish a school crossing in  Centenary Parade Nambucca Heads. 

 

Recommendation: (SMYTH/SHALES)

 

3.   That Mrs Shirley Holmes be granted Leave of Absence for a period of 3 months and that Cr South steps up to the position of Chairperson for this period.  

 

Note:  Mrs Holmes thanked the Manager Community Development for her assistance and requested that this be recorded in the minutes.

 

Recommendation: (SHALES/south)

 

4.   That Ms Fiona Henwood be endorsed as a Committee member following her return to Guide Dogs, in place of Lyndel Bosman.  

 

The following matters were discussed without formal resolution:

5.   Public car parking problems at Pacifica.

6.   Possible partnership with Community Services students at Macksville TAFE regarding access around Macksville.

7.   Footpath outside Star Hotel – narrow and sloping.

8.   Parking in Ridge Street Nambucca Heads – the Committee generally agreed that a 30 minute time was more reasonable.

9.   Dogs around outdoor dining areas in Bowra Street Nambucca Heads.  (Cr Smyth to raise this at a Chamber of Commerce meeting.)

 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on 22 July 2014 commencing at 2.00pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being    3.20  pm. 

 

 

 

 

………………………………

SHIRLEY HOLMES

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.12    SF1947            170714         Outstanding DA's greater than 12 months, applications where submissions received not determined from 24 June - 9 July 2014

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

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

134 public submissions

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 On-site briefing meeting held with JRPP 18 October 2013 – advice to be sought from applicant.

 

Report in Business Paper of 13 Nov 2013.

 

As at 6 May 2014 consultant preparing report for JRPP.

 

Tabling of report to JRPP being carried out

 

Report has been tabled with the JRPP for resolution 5/8/2014

 

Please note that there is two 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

2013/092

29/08/2013

Health Services Facility & Subdivision

Lot 1 DP 1004209 & Lot 22 DP 1161807, Centenary Parade, Nambucca Heads

4 public submissions

 

·     Zoned community land and should be left that way.

·     Should be located closer to other health facilities or other appropriate zonings

·     Only one entry and exit road (Centenary Parade) therefore increasing traffic to area and can be dangerous with lots of school children. Issues with emergency evacuations

·     Parking an issue during carnivals etc

·     Little consultation into the development of this Health Care Centre - request for dialysis services to be included in the new centre

·     Existing levels and types of crimes already in area maybe exacerbated

·     Re-zoning costs borne by Council not required for alternate sites

·     Request for further consultation with police, schools, school bus providers and other primary health providers for another site

Matters pertaining to comments on the submissions particularly the type of health services provided and need for, car parking and traffic – Referred to Applicants Consultant

 

In principal support provided by Council.  LEP Amendment referred to DOP for consideration.  Conditions forwarded to applicant for consideration by the Crown.

 

Awaiting Planning Proposal and resolution of land sale

2013/170

18/11/2013

Boundary Adjustment, shed, operate depot

Lot 2 DP 881651, 296 Valla Road, Valla

11 public submissions

X2 supporting application

 

·     Land zoned Agricultural/Rural and this is to establish an Industrial enterprise

·     Industrial site planned for the Cow Creek area and this is where should be located

·     More than enough trucks on Valla Road especially with the application for the Valla Quarry being considered with more trucks

·     Applicant owns very large machinery

·     Increase in residential numbers over the past years therefore increase in vehicles and these will have to compete with industrial vehicles

·     Increase in noise and dust

·     If granted, potential to cause a decrease in the value of the land

·     Water issues – drains directly into Deep Creek and floods are observed frequently on this land

·     Air quality reduced by dust and toxics

·     Green fill would be odorous – comparable to a rubbish tip

·     Valla Road is not coping with current usage with pot holes – stone chips are common

·     No compatibility of the proposal to adjoining grazing properties

·     No mention of 2 operations involving use of concrete crusher and greenwaste tub grinder which is exceedingly noisy

·     Disagree with “development compatible with adjoining neighbours”

·     Feeders – running times and how monitored, location

·     No selling of materials – secondary aggregate is valuable commodity

·     Water pollution

·     Most properties in neighbourhood are rated Residential/Village Estate not compatible to industrial

·     Directors do not reside near property so removed from noise pollution

·     Visual amenity

·     Staff amenities not appear convenient for industrial use

·     Unsupported by adequate environmental impact studies

·     Council setting precedent for the use of vital agricultural land

·     Industry to be kept to industrial estates

·     Proposed location on prime agricultural

·     Lose of peace and quiet and atmosphere

 

·     SOEE

·     Small vegetable garden near by

·     No adjoining properties have similar development – how compatible

·     Servicing of site for plant and vehicles – what petroleum being used and storage

·     Drainage bunded to prevent fuels into water table

·     What sort of clean fill

·     Recycled materials being used – what

·     ? weekday will allow for non impact crushing and plant operation

·     Construction of sediment ponds

·     Rubbish – increase in traffic

 

This application has been “called-in” for determination by Council

 

Further submissions received

45 public submissions – points as mentioned above

X4 supporting application

 

Awaiting RFS response

Matter renotified due to minor miss description of Lot and DP.  Does not affect reporting timelines.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.13    SF1148            170714         Council Ranger's Report June 2014

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council Ranger 2’s Report regarding Council’s Companion Animal Activities and listing of penalty notices issued by both Council’s Rangers for June 2014.

 

Recommendation:

 

That the Council’s Rangers report for June 2014 be received and noted by Council.

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         3

9

Returned to Owner

0

3

Transferred to - Council's Facility from Seizure Activities

3

6

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

0

0

Abandoned or Stray

0

1

Surrendered

0

2

Animals transferred from Seizure Activities

3

6

Total Incoming Animals

3

9

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

2

Sold

0

1

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

1

Due to Illness, Disease or Injury

0

0

Feral/infant animal

1

0

Unsuitable for rehoming

1

0

Unable to be rehomed

0

0

Total Euthanased

2

1

Total Outgoing Animals

2

4

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

1

5

 

 

JUNE-14

 

 POEO

 

 

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

 

3081195884

#6753 - Fail to Comply Clean up Notice

750.00

18.06.14

 

3081195893

#6753 - Fail to Comply Clean up Notice

750.00

18.06.14

 

3081195902

#6753 - Fail to Comply Clean up Notice

750.00

18.06.14

 

3081195911

#6754 - Fail to Pay Clean up fee

500.00

24.06.14

 

3081195920

#6754 - Fail to Pay Clean up fee

500.00

24.06.14

 

3081195930

#6754 - Fail to Pay Clean up fee

500.00

24.06.14

 

 

TOTAL VALUE OF PENALTIES:

3750.00

 

 

JUNE-14

COMPANION ANIMALS

Microchip

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

 

3081197094

not prevent dog escape

220.00

4/06/2014

 

3081197103

not notify change details

165.00

4/06/2015

 

3081197305

no collar/tag

165.00

6/06/2014

 

3081197296

not prevent dog escape

220.00

6/06/2014

 

3081196829

not prevent dog escape

220.00

6/06/2014

 

3081197287

no collar/tag

165.00

6/06/2014

 

3081197278

not prevent dog escape

220.00

6/06/2014

 

 

TOTAL VALUE OF PENALTIES:

1375.00

 

Parking

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

QED305

3081197112

not park rear to kerb

101.00

4/06/2014

GLW002

3081197121

not park rear to kerb

101.00

4/06/2014

BX32DE

3081197130

stop on or near pedestrian crossing

304.00

4/06/2014

ZHZ333

3081197140

stop in bus zone

236.00

4/06/2014

BCD55G

3081197159

disobey no stopping sign

236.00

4/06/2014

BLX12Z

3081197168

not park rear to kerb

101.00

4/06/2014

BHT58J

3081197177

not park rear to kerb

101.00

4/06/2014

JUNE-14

PARKING (CONTINUED)

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

BWU67C

3081197186

not park rear to kerb

101.00

4/06/2014

ZIY754

3081197195

Not park rear to kerb

101.00

4/06/2014

AZS06Y

3081197204

not park rear to kerb

101.00

4/06/2014

BV30VE

3081197213

not park rear to kerb

101.00

4/06/2014

RHP438

3081197222

not park rear to kerb

101.00

4/06/2014

BV48CY

3081197231

not park rear to kerb

101.00

4/06/2014

BR14SS

3081197240

disobey no stopping sign

236.00

4/06/2014

BHK11A

3081197250

not park rear to kerb

101.00

4/06/2014

APV61F

3081197269

disobey no stopping sign

236.00

4/06/2014

BY12JM

3081197314

not park rear to kerb

101.00

23/06/2014

AU95TJ

3081197323

not park rear to kerb

101.00

23/06/2014

YHQ765

3081197332

not park rear to kerb

101.00

23/06/2014

AM12VQ

3081197341

not park rear to kerb

101.00

23/06/2014

OHM686

3081197350

disobey no parking sign

101.00

23/06/2014

ANU13T

3081197360

disobey no stopping sign

236.00

23/06/2014

QYW548

3081197379

disobey no stopping sign

236.00

23/06/2014

RIQ603

3081197388

not park rear to kerb

101.00

23/06/2014

AC87YW

3081197397

not park rear to kerb

101.00

23/06/2014

BPM95N

3081197406

not park rear to kerb

101.00

23/06/2014

ROD45U

3081197415

not park rear to kerb

101.00

23/06/2014

BA97QX

3081197424

not park rear to kerb

101.00

23/06/2014

CNY45Y

3081197433

not park rear to kerb

101.00

23/06/2014

BTY12P

3081197442

not park rear to kerb

101.00

26/06/2014

BKM59T

3081197451

not park rear to kerb

101.00

26/06/2014

AC87YW

3081197460

not park rear to kerb

101.00

26/06/2014

CND36K

3081197470

not park rear to kerb

101.00

26/06/2014

BBB04F

3081197489

not park rear to kerb

101.00

26/06/2014

YXP391

3081197498

not park rear to kerb

101.00

26/06/2014

VZM680

3081197507

disobey no parking sign

101.00

26/06/2014

AKK02D

3081197516

not park rear to kerb

101.00

26/06/2014

AV31CN

3081197525

not park rear to kerb

101.00

26/06/2014

 

 

TOTAL VALUE OF PENALTIES:

4851.00

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.14    SF1947            170714         2014 June - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

“That Council endorse the method of reporting Construction and Complying Development Certificates as presented to the 16 January 2014 meeting and further that the General Manager investigate the possibility of reporting Development Applications lodged in previous month.”

 

Below is a list of Development Applications and Complying Development Applications received in June 2014 as at 8 July 2014.

 

Recommendation:

 

That the Development Applications and Complying Development Applications received in June 2014 be received for information.

 

OPTIONS:

 

DA No

Date Received

Applicant/Owner

Proposal

Property

Amount

2014/93

03/6/14

Brian Byrne

Boundary Adjustment

Lot 28 DP612246, 69 Banyandah Road Hyland Park

0

2014/94

03/6/14

Nambucca Valley Christian Community School / Presbyterian Church Trust

Locate a portable classroom

Lot 89 DP 261088, 35 Centenary Parade Nambucca Heads

10,000

2014/95

02/6/14

Warren Pitkin Builder / Kim Cox

New House Residential

Lot 119 DP 1039015, 52 Palmer Street Nambucca Heads

165,200

2014/96

06/6/14

Mr P & Mrs C Margolis

Residential Dwelling

Lot 11 DP 1134320, 15A Thornbill Glen Nambucca Heads

210,000

2014/97

06/6/14

Coffs Home Mods / Natasha Willson

Alterations & additional laundry relocation, garage to rumpus room

Lot 31 DP 248782, 11 Nambucca Street Nambucca Heads

49,950

2014/98

10/6/14

Scotts Head Sports Field Committee / Nambucca Shire Council

Extensions to existing building

Lots 147 & 28 DP 711481 & 1048659, Vernon Street Scotts Head

43,000

2014/99

11/6/14

Amos and McDonald Surveyors/Owen & Beverly Butler

Boundary Adjustment

Lot 63 DP 1058432, Florence Wilmont Drive, Nambucca Heads

0

2014/100

12/6/14

Anthony Burton & Felice Ferrer-Burton

Additional Shed

Lot 6 Section E DP 17707, 12 Vernon Street, Scotts Head

24,625

2014/101

12/6/14

Precision Placement Group Pty LTd/Ryan Arnesen & Bruce Doust

Earthworks, Fencing, Drainage for Industrial Site

Lot 1 DP 884337, Railway Road, Nambucca Heads

14,000

2014/102

16/6/14

Ms M Baxter for Coronation Kennels

driveway & fence for DA 2013/177

Lot 3 DP 1015406, 180 Coronation Road Congarinni North

4,100

2014/103

17/6/14

Ms M Baxter for Coronation Kennels

Use of reception area & Temporary Cattery

Lot 3 DP 1015406, 180 Coronation Road Congarinni North

55,000

DA No

Date Received

Applicant/Owner

Proposal

Property

Amount

2014/104

18/6/14

Hopwood Homes Pty Ltd

Dwelling-House

Lot 36 DP 1149595, Pearl Circuit, Pearl Estate, Valla

371,318

2014/105

20/6/14

Perry Homes for G & R Bartlett

Dwelling & Earthworks

Lot 8 DP 853585, Max Graham Drive, Valla Beach

201,000

2014/106

24/6/14

Mr C Stuart & Mrs J Rankmore

Dwelling & demolish existing dwelling

Lot 30 DP 555339, 35 River Street, Macksville

373,000

2014/107

25/6/14

Nambucca Heads High School

Shed

Lot 2 DP 1022651, 40-46 Centenary Parade, Nambucca Heads

13,135

2014/108

27/6/14

Glenn Crossingham

Dwelling

Lot 12 DP 755544, 989 Upper Buckrabendinni Road, Buckra Bendinni

300,000

2014/109

30/6/14

Mr B Parker

Shed

Lot 5 DP 876593, 1 Paulownia Place, Bowraville

19,500

2014/110

30/6/14

Mr D Kinnear

Dual Occupancy

Lot 72 DP 1092552, 96A Wallace Street, Macksville

420,000

 

 

CD No

Date Received

Applicant/

Owner

Private Certifier

Proposal

Property

Amount

2014/626

02/6/14

Radford & Williams

Private Certifier - Brian Dwyer  BPB0104

Dwelling

Lot 9 DP 285180, 9 Sanctuary Place, Hyland Park

200,000

2013/610/2

04/6/14

Luke Vowels

Private Certifier - Brian Dwyer BPB0104

Dwelling - Modification: Relocation of & door size of deck

Lot 3 DP 1170862, 16B Vernon Street, Scotts Head

67,585

2014/627

20/6/14

Brenton Dyer

Private Certifier - Brian Dwyer BPB0104

Dwelling

Lot 166 DP 1190467, 28 Seaforth Drive, Valla Beach

 

220,000

2014/629

26/6/14

Warren Manusu

Nambucca Shire Council

Dwelling Additions

Lot 31 DP 730997, 12 Salamanda Place, Nambucca Heads

24,500

2014/631

27/6/14

Rachael White

Private Certifier - Brian Dwyer

Dwelling

Lot 1 DP 1095226, Peppertree Grove, Talarm

192,000

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.15    SF1947            170714         Construction and Complying Development Certificates Approved June 2014

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of June 2014 as at 8 July 2014.

 

 

Recommendation:

 

That the Construction and Complying Development Certificates approved for June 2014 be noted and received for information by Council.

 

 

Attachments:

1

19365/2014 - Construction Certificates and Complying Development Certificates issued in June 2014

 

  


Ordinary Council Meeting - 17 July 2014

Construction and Complying Development Certificates Approved June 2014

 




Ordinary Council Meeting                                                                                                     17 July 2014

General Manager's Report

ITEM 9.16    DA2014/098      170714         Development Application DA2014/098

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes additions to the rear of the existing fire shed at Buz Brazel Park in Vernon Street, Scotts Head. The subject site is legally known as Lot 147 DP 711481 and is located within the RE1 Public Recreation Zone.

 

The proposed additions will replace an existing shipping container used for the storage of sporting equipment and will be used as a meeting place for sporting groups using the park and for the storage of equipment. A copy of the plans of the proposed additions can be found in attachment 1 of this report.

 

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the recommended conditions of consent, is considered to be consistent with all of the relevant matters for consideration.

 

The development application is being referred to Council for determination because in accordance with section 47E of the Local Government Act 1993, staff do not have delegated authority to determine the application.

 

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

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/098 for additions to a community facility at Lot 147 DP 711481, subject to the schedule of conditions outlined in attachment 2 of this report.

 

OPTIONS:

 

(a) Grant consent to the application, either unconditionally or subject to conditions, or

 

(b) Refuse consent to the application.

 

DISCUSSION:

 

The subject development application was received on 10 June 2014 and includes additions to the rear of the existing fire shed at Buz Brazel Park in Vernon Street, Scotts Head. The site is owned by Nambucca Shire Council and is relatively flat with modified surroundings.

 

The proposed development is considered to be satisfactory with regards to the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

 

Having regard to the modified nature of the site and its location; it is not considered that the proposed development will result in any impacts on any critical habitat, threatened species, populations, ecological communities, or their habitats.

 

 

 

Section 79BA - Consultation and development consent—certain bush fire prone land

 

Due to the separation of the proposed development (95m) from the closest bushfire threat and the sufficient access and egress from the site in the opposite direction to the bushfire threat; the proposal is considered to be consistent with the aims and objectives and the specific objectives listed in section 4.2.3 of Planning for Bushfire Protection 2006.

 

Section 79C (1) - Evaluation

 

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

 

(a) the provisions of

 

(i) any environmental planning instruments

 

·      The Nambucca Local Environmental Plan 2010 (NLEP 2010)

 

The proposed development is considered to be consistent with the relevant clauses of the NLEP 2010 as follows:

 

2.3 - Zone objectives and land use table

The proposed development is permissible with consent and is considered to be consistent with the objectives of the zone because:

 

Ø It will maintain the lands use for public open space and recreational purposes.

Ø It is consistent with the recreational setting of the site.

Ø It will not result in any impacts on the natural environment.

Ø The land will maintain sufficient room for active and passive recreation.

 

5.5 - Development within the coastal zone

Subject to the conditions of consent, the proposed development will not result in any significant impacts on the coastal environment because:

 

Ø It will not impede or diminish existing public access to and along the foreshore, with opportunities for new public access not available.

Ø The site is considered to be suitable for the proposed development due to its consistency with surrounding land uses and that its built form is compatible with the scenic character of the area.

Ø It will not result in any overshadowing on the coastal foreshore or any loss of views from a public place to the coastal foreshore.

Ø The sites screening from vegetation and topography ensures that future development will not impact on the visual amenity and scenic quality of the coast.

Ø It will not result in any significant impacts on any native coastal vegetation or wildlife corridors, rock platforms, water quality of coastal water bodies, or native flora or fauna or their habitats.

Ø It will not result in any detrimental cumulative impacts on the coastal catchment.

Ø Untreated stormwater will not be discharged into the sea, beach, estuary, lake, creek, or onto a rock platform.

Ø The site is not subject to coastal hazards and will not impact on coastal hazards or increase the risk of coastal hazards on any other land.

 

7.3 – Flood Planning

Having regard to the proposed buildings use, location, design and materials; it is not considered that it is inconsistent with the flood hazard of the land, will not significantly adversely affect flood behaviour, will not pose significant risk to human life, will not result in any adverse environmental damage, and will not result in unsustainable social or economic impacts on the community.

 

7.4 - Public utility infrastructure

Essential services are available to the development.

 

7.6 - Earthworks

The proposed earthworks will not impact significantly on surface water flows, will not result in any significant impacts on the future uses on the land or redevelopment, will not impact any contaminated soil or the amenity of surrounding properties, is unlikely to disturb any relics, and appropriate erosion control measures have been included within the recommended conditions of consent.

 

·      State Environmental Planning Policy No 55—Remediation of Land

 

The land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land.

 

·      State Environmental Planning Policy No 44 - Koala Habitat Protection

 

From previous investigations of the land undertaken as part of the plan of management, the site is not considered to be a core koala habitat.

 

·      State Environmental Planning Policy No 62 - Sustainable Aquaculture

 

It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas, with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.

 

·      State Environmental Planning Policy No 71 - Coastal Protection

 

The proposal is considered to be consistent with the matters for consideration outlined in Clause 8 and the development controls within Part 4 because it will not contradict the aims of the policy or result in any significant impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, coastal processes, wildlife corridors; water quality; or result in conflict between land-based and water-based coastal activities.

 

(ii) any draft environmental planning instrument

 

There are no draft environmental planning instruments applicable to the proposed development.

 

(iii) any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

The proposed subdivision is considered to be consistent with the relevant clauses of the DCP as follows:

 

Notification and Public Participation (Part A)

The application was notified to adjoining owners in accordance with Part A of the DCP. No submissions were received.

 

Environmental context (Part A)

Subject to the recommended conditions of consent and as assessed throughout this report, the proposed development is considered to be satisfactory having regard to the relevant matters for consideration under clause A5.0.

The proposed additions are considered to be consistent with Council’s Floodplain Risk Management Plan because:

Ø The floor level will be the same as the existing building.

Ø The use of flood compatible materials and the submission of a structural engineers report have been included within the recommended conditions of consent.

Ø It will not result in any significant flood affection impacts on the surrounding area.

Ø Suitable flood free access is provided to the site.

Ø Storage areas are available above the flood level with internal storage of materials proposed.

 

Car Parking (Part C)

The proposed development will result in a 62.5m² multi purpose area which is intended to be used by existing users of the recreation area. Considering the low potential for significant increases in traffic generation to the site as a result of the development, it is not considered to be reasonable or necessary for the off street parking area to be formalised as part of any development consent.

 

Sediment and Erosion Control (Part D)

All works to be undertaken as part of any consent will be subject to a condition of consent requiring the installation of adequate erosion and sedimentation devices which are consistent with Part D of the DCP.

 

Waste Minimisation and Management (Part N)

Conditions have been recommended to be included within the consent regarding the management of waste during construction; with existing waste facilities on site considered to be adequate to accommodate the proposed development.

 

(iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F.

 

There are no planning agreements applying to the subject site.

 

(iv) Any Matters prescribed by the Regulation

 

·      Clause 92(1)(a) – NSW Coastal Policy 1997

 

Matters for consideration to implement the NSW Coastal Policy are provided in clause 5.5 of the NLEP 2010 and clause 8 of SEPP 71. Due to the proposals consistency with these clauses (as outlined above) it is not considered that it is contrary to the NSW Coastal Policy.

 

·      Clause 92(1)(b) — For development involving building demolition

 

A condition has been included within the consent requiring any demolition works to be undertaken in accordance with AS2601.

 

(v) Any coastal zone management plan

 

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

 

(b)        The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural or built environments or any negative social or economic impacts on the locality due to its scale, location and the modified condition of the site.

 

(c)      the suitability of the site for the development

 

It is considered that the site is suitable for the proposed additions because they will be consistent with the existing built form on the site and will be used for activities associated with the existing recreation area. Furthermore, it is not considered that the proposal will result in any significant impacts on the site or surrounding area and will not be subjected to a high risk of natural hazards.

 

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

 

No submissions were received.

 

(e)      the public interest

 

Subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

 

CONSULTATION:

 

As discussed above, the application was notified to adjoining owners in accordance with Part A of the Nambucca Development Control Plan 2010. No submissions were received.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposal will result in any significant impacts on the natural environment because it includes minor additions to an existing building on a highly modified site. Appropriate pollution mitigation measures have been included within the recommended conditions of consent.

 

Social

 

The proposal will not result in any works or land uses which are inconsistent with the existing character of the area.

 

Economic

 

The proposal will not negatively impact economic development within the area.

 

Risk

 

Nil.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil. The construction of the proposed additions will be funded and maintained by external sources. 

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

19566/2014 - Attachment 1 - Plans

 

2

19566/2014 - Attachment 2 - Schedule of Conditions

 

  


Ordinary Council Meeting - 17 July 2014

Development Application DA2014/098

 

DETAILS OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan Title

Sheet No

Prepared by

Dated

Floor Plan

1

Cavalier Homes

5/13/2014

Elevations

1

Cavalier Homes

5/13/2014

 

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

 

Annual Fire Safety Statement

 

2.         The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

(a)   each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

 

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

 

Building Materials and Colours

 

3.       The materials and colours of the proposed additions are to match the existing structure. Prior to the issue of a construction certificate, a schedule of finishes which indicates the colour and type of all finished surfaces is to be submitted to Council for approval.

 

Flood Compatible Materials

 

4.       The flood planning level for this development is 5.002 AHD. The plans and specifications which accompany the construction certificate application are to indicate the use of flood compatible materials below the flood planning level.

 

Flood Resistance

 

5.       The application for a Construction Certificate is to include plans and specifications that indicate the building has be designed so that all structural members will be capable of withstanding flood forces and the impact of any flotsam (carried by floodwaters) likely to occur for a range of floods up to and including the probable maximum flood estimated for the site. (Refer to the NSW Government’s Floodplain Management Manual for guidance on structural design of buildings in flood prone areas).

 

The plans and specifications are to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

 

 

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

Construction Certificate

 

6.         The erection of the building the subject of this development consent MUST NOT be commenced until:

(a)     Detailed plans/specifications of the building have been endorsed with a Construction Certificate by:

(i)        the Council, or

(ii)        an accredited certifier, and

(b)     The person having the benefit of the development consent has:

(i)        Appointed a Principal Certifying Authority (PCA) for the building work, and

(ii)       Notified Council of the appointment, and

(iii)        Notified the PCA that the person will carry out the building work as an owner-builder; or

Appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work.

(c)      The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the PCA and the date construction work is proposed to commence.

 

Erosion & sediment measures

 

7.       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.

 

Site construction sign required

 

8.       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

 

Building Code of Australia

 

9.       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.

 

 

 

 

Plumbing Standards and requirements

 

10.     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 no later than 2 business days before the work is carried out.

 

Construction times

 

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

 

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

b        Saturday, from 8.00 am to 1.00 pm.

 

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

 

Builders rubbish to be contained on site

 

12.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures

 

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

 

Standards for demolition work

 

14.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

Shoring and Adequacy of Adjoining Property

 

15.        If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)        Protect and support the adjoining premises from possible damage from the excavation, and

(b)   Where necessary, underpin the adjoining premises to prevent any such damage.

 

Stormwater drainage work

 

16.     Stormwater must be collected and disposed of to the existing stormwater drainage system as the existing building. 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.

 

Inspection of water and drainage works required

 

17.     An inspection must be undertaken by the local water authority prior to the covering of the works specified below:

 

a        sanitary plumbing and drainage

b        potable water supply plumbing

c        completion of all plumbing and drainage works

d        rainwater supply

e        re-claimed water supply

 

The local water supply authority requires a minimum of 24 hours notice to undertake the inspection. You will need to quote your Development Application number and property description to arrange your inspection.

Discovery of a Relic

 

18.        The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

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

 

Works to be completed

 

19.     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.

 

Occupation Certificate

 

20.        The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.

 

Damage to Council’s Infrastructure

 

21.     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.

 

Fire Safety Certificate

 

22.       A Fire Safety Certificate shall be furnished to the PCA for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the Principal Certifying Authority with the Occupation Certificate.

            In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)  A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

(i)        has been assessed by a properly qualified person; and

(ii)   was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)  The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)  The choice of person to carry out the assessment is up to the owner of the building.

(d)  The person who carries out the assessment:

(i)      must inspect and verify the performance of each fire safety measure being assessed; and

(ii)     must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)    As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

(i)    must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(ii)   must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:  B1      Carry out water supply work

B5   Carry out stormwater drainage work

 

Integrated Development:                   NO

 

 

 



Ordinary Council Meeting - 17 July 2014

Development Application DA2014/098

 

DETAILS OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan Title

Sheet No

Prepared by

Dated

Floor Plan

1

Cavalier Homes

5/13/2014

Elevations

1

Cavalier Homes

5/13/2014

 

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

 

Annual Fire Safety Statement

 

2.         The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

(a)   each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

 

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

 

Building Materials and Colours

 

3.       The materials and colours of the proposed additions are to match the existing structure. Prior to the issue of a construction certificate, a schedule of finishes which indicates the colour and type of all finished surfaces is to be submitted to Council for approval.

 

Flood Compatible Materials

 

4.       The flood planning level for this development is 5.002 AHD. The plans and specifications which accompany the construction certificate application are to indicate the use of flood compatible materials below the flood planning level.

 

Flood Resistance

 

5.       The application for a Construction Certificate is to include plans and specifications that indicate the building has be designed so that all structural members will be capable of withstanding flood forces and the impact of any flotsam (carried by floodwaters) likely to occur for a range of floods up to and including the probable maximum flood estimated for the site. (Refer to the NSW Government’s Floodplain Management Manual for guidance on structural design of buildings in flood prone areas).

 

The plans and specifications are to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

 

 

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

Construction Certificate

 

6.         The erection of the building the subject of this development consent MUST NOT be commenced until:

(a)     Detailed plans/specifications of the building have been endorsed with a Construction Certificate by:

(i)        the Council, or

(ii)        an accredited certifier, and

(b)     The person having the benefit of the development consent has:

(i)        Appointed a Principal Certifying Authority (PCA) for the building work, and

(ii)       Notified Council of the appointment, and

(iii)        Notified the PCA that the person will carry out the building work as an owner-builder; or

Appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work.

(c)      The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the PCA and the date construction work is proposed to commence.

 

Erosion & sediment measures

 

7.       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.

 

Site construction sign required

 

8.       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

 

Building Code of Australia

 

9.       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.

 

 

 

 

Plumbing Standards and requirements

 

10.     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 no later than 2 business days before the work is carried out.

 

Construction times

 

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

 

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

b        Saturday, from 8.00 am to 1.00 pm.

 

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

 

Builders rubbish to be contained on site

 

12.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures

 

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

 

Standards for demolition work

 

14.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

Shoring and Adequacy of Adjoining Property

 

15.        If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)        Protect and support the adjoining premises from possible damage from the excavation, and

(b)   Where necessary, underpin the adjoining premises to prevent any such damage.

 

Stormwater drainage work

 

16.     Stormwater must be collected and disposed of to the existing stormwater drainage system as the existing building. 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.

 

Inspection of water and drainage works required

 

17.     An inspection must be undertaken by the local water authority prior to the covering of the works specified below:

 

a        sanitary plumbing and drainage

b        potable water supply plumbing

c        completion of all plumbing and drainage works

d        rainwater supply

e        re-claimed water supply

 

The local water supply authority requires a minimum of 24 hours notice to undertake the inspection. You will need to quote your Development Application number and property description to arrange your inspection.

Discovery of a Relic

 

18.        The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

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

 

Works to be completed

 

19.     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.

 

Occupation Certificate

 

20.        The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.

 

Damage to Council’s Infrastructure

 

21.     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.

 

Fire Safety Certificate

 

22.       A Fire Safety Certificate shall be furnished to the PCA for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the Principal Certifying Authority with the Occupation Certificate.

            In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)  A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

(i)        has been assessed by a properly qualified person; and

(ii)   was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)  The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)  The choice of person to carry out the assessment is up to the owner of the building.

(d)  The person who carries out the assessment:

(i)      must inspect and verify the performance of each fire safety measure being assessed; and

(ii)     must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)    As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

(i)    must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(ii)   must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:  B1      Carry out water supply work

B5   Carry out stormwater drainage work

 

Integrated Development:                   NO

 

 

 


 


Ordinary Council Meeting                                                                                                     17 July 2014

Corporate Services

ITEM 10.1    SF1120            170714         Grant Application Status Report

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

This report provides an overview of grant applications and their status for the previous quarter.

 

 

RecommendationS:

 

That the list of grant applications and their status to 3 July 2014 be received.

 

 

Successful grant applications (PREVIOUS AND CURRENT FINANCIAL YEARS):

 

Grant and date of approval

Funding Amount

Amount Council

Description

OEH Coastal Management Grant

Closed 20 February 2013

$55,000

$55,000 (Enviro Levy)

Stage 2 – Beaches Access ways program extension

OEH Estuary Management Grant

Closed 20 February 2013

$24,625

$24,625 (Env Levy)

Restoration and revegetation of the river bank at Stuart Island as per recommendations of the Nambucca River Master plan.

OEH Floodplain Management Grant

Closed 21 March 2013

$90,000

$45,000

(Env Levy)

Develop Flood plain management study and plan for Nambucca River and Deep Creek.

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$111,000

$10,000

Renovation and other associated works at Boulton’s Crossing Reserve

Crown Lands

Public Reserves Management Fund

Closed 3 May 2013

 

$18,000

N/A

High priority Weed Management on Crown Reserves managed by Council

RMS Better Boating Program

Closed 2 August 2013

 

$49,794

$49,794 (S.94)

Stuart Island replacement of jetty and build new amenities block

 

SUCCESSFUL APPLICATIONS IN THIS QUARTER:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Department Sport and Recreation Macksville Skate Park

Closed 30 October 2013

$25,000

$100,000 (cash)

some in kind,

s.94 funds

Redevelopment of skate park to higher standard.

RMS Cycleways program

Closed 22 October 2013

$650,000

NA

Completion of cycleway priority 1 Nambucca Heads to Kingswood Estate

Office of Environment and Heritage

Local Heritage Grants and Advisory Program

Grants: up to $5,000

Advisory:

$7,500

Matching Funding for grants program

Local heritage grants program Year 2 to fund improvements to property.

Advisory services provided by heritage consultant on proposed projects

 

Waste Less, Recycle More Program

NSW EPA

 

$61,700

NA

Installation of improved community recycling facilities at Nambucca Waste Management Facility

Volunteer Initiated Museum Program

Museums and Galleries

 

$1,810

NA

Assistance for Headlands Museum to develop Aboriginal collection display and information

ClubGRANTS 13/14

Macksville Fun and Fitness Precinct

Closed 10 April 2014

$975,565

$163,000

($63k – s.94, $53k internal Council reserve for MMAC, $ – working funds)

Creation of Macksville Fun and Fitness Precinct with recreation room extension, skate park upgrade, lighting, fitness trails, and signage/bollards/landscaping

Total

$2,074,994

 

 

Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

NEOC training facilities

Closed 18 October 2013

$20,060

$4,600 (in-kind)

Purchase and installation of training equipment at NEOC, including internet access

Environmental Trust Restoration and Rehabilitation Grant

Closed 31 October 2013

$93,310

NA

Protection of two endangered populations and treatment of Wakki Beach entrance and bush track.

Local Infrastructure Renewal 3

Closed 31 December 2012

$1,963,000

NA

Loan Interest subsidy of 3% for infrastructure works – bridges

OEH Coastal Management Grant

Closed 13 March 2014

$91,000

$91,000 (EL)

Nambucca Heads SLSC Protection Works

OEH Estuary Management Grant

Closed 13 March 2014

$50,000

$50,000 (EL)

Stuart Island estuary health improvement (rock revetment, fillets, reef balls, revegetation)

Land and Property Information – Crown Lands

PRMF

Closed 17 March 2014

$30,000

$3,000 (in-kind)

Construction of footbridge – Nambucca Heads Reserve 88483 (off Parkes St)

Land and Property Information – Crown Lands

PRMF

Closed 17 March 2014

 

$18,000

NA

Weed management on variety of reserves

 

Unsuccessful applications in this period:

 

Funding Body

Amount