NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

31 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 - 31 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.

 

INSPECTIONS:

 

TIME

 

DESCRIPTION

 

WHERE

 

2.30 for

3.00 pm

ITEM 9.2      Transfer Of Encroachment Licence From Shibba To Dennien

 

Swimming Creek

4.30 pm

ITEM 9.7      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

Kingsworth Lake Reserve

 

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER – Rev Jilleen Chambers (Anglican Church)

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 17 July 2014....................................................................................... 6

5        NOTICES OF MOTION  

6        DELEGATION

9.3     Development Application DA2013/170............................................................................. 23

          Mr Laurie Trembath – supporter

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.................................................................................... 13

9.2     Transfer of Encroachment Licence from Shibba to Dennien.............................................. 21

9.3     Development Application DA2013/170  DELEGATION...................................................... 23

9.4     Development Application DA2014/103............................................................................. 71

9.5     Outstanding DA's Greater Than 12 Months, Applications Where Submissions Received Not Determined from 10 July - 22 July 2014............................................................................................. 79

9.6     Minutes of Land Development Committee Meeting held on 17 July 2014........................... 83

9.7     Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve......................... 89

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................. 100

10.2   Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 21 July 2014................................................................................................................. 101

11      Assistant General Manager Engineering Services Report

11.1   New Draft Policy - Local Approvals Policy..................................................................... 109

11.2   Capital Works Report - June 2014.................................................................................. 141

11.3   Australian Rural Road Group - AGM Minutes - 12 June 2014 ........................................... 149

11.4   Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014...................... 174

11.5   Nambucca District Water Supply Off River Storage Project - Public Works Variation Claim for Project Management Engagement............................................................................................. 180

11.6   Water Quality Monitoring Associated with Mining Activity................................................ 182

11.7   Draft Policies - Bridges Service Levels and Asset Management...................................... 194

11.8   T041415MNC -  Tender for the Supply & Delivery of General Hardware Products ............. 206

11.9   T071415MNC – Supply & Delivery of Traffic Signage...................................................... 217    

 

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

12.1   Nambucca District Water Supply Off River Storage Project - Public Works Variation Claim for Project Management Engagement

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.

 

12.2   Development Application DA2013/170 - Submissions

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

 

12.3   Macksville Industrial Estate - Channel Remediation Works July 2014

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

 

12.4   Valuation for Proposed Lot 1 in Subdivision of Lot 31 DP 248561, Yarrawonga Street, 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) (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.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 17 July 2014

The following document is the minutes of the Ordinary Council meeting held on 17 July 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 31 July 2014 and therefore subject to change.  Please refer to the minutes of 31 July 2014 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson

Cr Martin Ballangarry OAM

Cr Kim MacDonald

Cr Paula Flack

Cr Anne Smyth

Cr Bob Morrison

Cr Elaine South

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr John Ainsworth

 

 

PRAYER

 

Rev Jilleen Chambers (Anglican Church) offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 June 2014

 

338/14 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 26 June 2014 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

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

339/14 RESOLVED:        (Hoban/Smyth)

 

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.

 

 

 

NOTICE OF MOTION - CR Hoban

 

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

340/14 RESOLVED:        (Hoban/Smyth)

 

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

 

 

 

DELEGATIONS

 

Resolved:          (Smyth/South)

 

That the following delegations be heard:

Item 9.4       Transfer of encroachment licence from Shibba to Dennien

i)       Ms Vicki Gee – seeking deferral to have an onsite meeting.

 

Ms Gee addressed Council to a prepared statement which is on file SF1480

 

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

341/14 RESOLVED:        (Morrison/Smyth)

 

That Council defer a decision on this matter until after an onsite inspection has been held and that the park owner be requested to attend the onsite meeting.

 

 

 

342/14 RESOLVED:        (South/Flack)

 

That item 9.8 be brought forward as the Proprietors of Pelican Park were present.

 

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

343/14 RESOLVED:        (Morrison/Flack)

 

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.

 

 

 

344/14 Resolved:        (Flack/South)

 

That Item 9.6 be brought forward as the Treasurer of the Club was present.

 

 

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

345/14 RESOLVED:        (Flack/Smyth)

 

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.

 

 

 

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                170714      Outstanding Actions and Reports

346/14 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

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

347/14 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

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

348/14 RESOLVED:        (Flack/MacDonald)

 

That Council note the official opening of the Nambucca Heads Sewerage Augmentation and Council express its appreciation to the staff who were involved with the project..

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF669                170714      Draft NSW Growth Planning Regions

349/14 RESOLVED:        (MacDonald/Finlayson)

 

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

 

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

 

 

 

Item 9.6 was dealt with earlier.

 

 

 

ITEM 9.7      SF1541              170714      Commercial Land Use Zones in Macksville

350/14 RESOLVED:        (Flack/Smyth)

 

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.

 

 

 

Item 9.8 was dealt with earlier.

 

 

 

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

351/14 RESOLVED:        (Smyth/Flack)

 

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

 

 

 

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

352/14 RESOLVED:        (Smyth/South)

 

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

 

 

 

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

353/14 RESOLVED:        (Smyth/MacDonald)

 

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.

 

 

 

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

354/14 RESOLVED:        (MacDonald/Smyth)

 

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

 

 

 

ITEM 9.13    SF1148              170714      Council Ranger's Report June 2014

355/14 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

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

356/14 RESOLVED:        (MacDonald/Flack)

 

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

 

 

 

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

357/14 RESOLVED:        (Smyth/Flack)

 

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

 

 

 

ITEM 9.16    DA2014/098        170714      Development Application DA2014/098

358/14 RESOLVED:        (Flack/South)

 

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.

 

For the Motion: Councillors Hoban, South, MacDonald, Finlayson, Smyth, Flack, Ballangarry

and Morrison                   Total   8

Against the Motion:         Nil

 

 

 

General Manager Report – LATE

 

ITEM 9.17    SF661                170714      NSW Small Business Commissioner - Invitation to Join the Small Business Friendly Councils Program

359/14 RESOLVED:        (Smyth/Ballangarry)

 

That Council participate in the Small Business Friendly Councils Program by signing and returning the Charter to the Office of the Small Business Commissioner on or before Friday 18 July 2014.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              170714      Grant Application Status Report

360/14 RESOLVED:        (MacDonald/Flack)

 

That the list of grant applications and their status to 3 July 2014 be received with congratulations to go to the Grants Officer and any other staff involved in securing grants and in particular the Club Grant for Macksville Park.

 

 

 

ITEM 10.2    SF25                  170714      North Coast Academy of Sport request for Donation - Additional Information

361/14 RESOLVED:        (Flack/South)

 

1        That Council note the information.

 

2        That Council write to the North Coast Academy of Sport inviting they submit an application to the Donations Program 2015/2016, for which they will receive notification from the Grants and Contributions Officer.

 

 

 

ITEM 10.3    SF251                170714      Schedule of Council Public Meetings

362/14 RESOLVED:        (MacDonald/Ballangarry)

 

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

 

 

 

ITEM 10.4    SF332                170714      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 12 June 2014

363/14 RESOLVED:        (MacDonald/South)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 12 June 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.5    SF1873              170714      Sewerage Usage and Trade Waste Charges

364/14 RESOLVED:        (Morrison/South)

 

That Council notes this report.

 

 

 

ITEM 10.6    SF1875              170714      Investment Report To 30 June 2014

365/14 RESOLVED:        (Ballangarry/Smyth)

 

That the Accountants’ Report on Investments placed to 30 June 2014 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF844                170714      Nambucca District Water Supply Steering Committee Meeting – 2 July 2014

366/14 RESOLVED:        (South/Smyth)

 

1        That the minutes of the record of discussion held on 2 July 2014 in lieu of the formal Steering Committee Meeting be received and noted by Council.

 

2        That Council negotiate with Haslin for the purchase of the automatic gate and have it installed as a permanent arrangement subject to the price being acceptable.

 

   

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.35 pm. 

 

Confirmed and signed by the Mayor on 31 July 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                                     31 July 2014

General Manager

ITEM 9.1      SF959              310714         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.

 

As at 20 July – a selective tender is being undertaken through Local Government Procurement.

 


 

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 and a report will be prepared on the outcome of the meeting.

 


 

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.

 

Included in the June QBR report.

 

 

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.

 

Report coming to meeting on 14 August 2014.

 

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.

Further concept designs received.  To be reported in September 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.  Reported to Land Development Committee meeting on 17 July.  A recommendation is coming to this meeting that an easement be granted under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that all costs be vested with the beneficiary.

 

 

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 response 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 wrap 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 and is meeting with the Minister for Transport (train timetabling) and the Minister for Roads on 14/8/14.

 

APRIL 2014

 

20

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

 

21

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

 

22

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.

 

 

23

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.

 

24

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.

25

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

26

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

27

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.  Mayor meeting with Minister for Transport on 14/8/2014.

28

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.

29

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.

30

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.

31

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.

32

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 Council following the next scheduled Traffic Committee meeting.

33

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 Council following the next scheduled Traffic Committee meeting.

34

SF1496

29/06/14

That 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

 

GM

Letter sent w/e 4/7/2014

JULY 2014

35

SF1933

17/07/14

Council arrange a site inspection with reps of the Nambucca River Users Group to consider the merits of reinstating the informal boat launching ramp off Rodeo Drive near Midco.

 

AGMES

Advice has been sought from the Nambucca River Users Group as to a suitable date.

36

SF1933

17/07/14

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

 

GM

Ranger to report in August.  Council only has power in relation to cattle straying onto public roads (not between private properties).  Will be covered in the report.

37

SF1480

17/07/14

Council defer a decision on the transfer of the encroachment licence for the Swimming Creek Caravan Park until after an onsite inspection has been held.

 

GM

Advice has been sought from the caravan park proprietor as to his availability.  Report to this meeting or a meeting in August.

38

SF1232

17/07/14

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 (Pelican 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.

 

GM

Report by December 2014.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     31 July 2014

General Manager

ITEM 9.2      SF1480            310714         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.  It is recommended that Council maintain the existing license rental.

 

 

Recommendation:

 

That a new license agreement for encroachments be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with annual CPI indexation, 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:

 

At Council’s meeting on 17 July it was resolved that Council defer a decision on this matter until after an onsite inspection has been held and that the park owner be requested to attend the onsite meeting.  Arrangements have now been made with the new owner, Mr Barry Dennien who lives interstate, to attend a site inspection on 31 July 2014.  Mr Dennien has also advised that in relation to the claims of Ms Gee, as a consequence of a CTTT hearing on 27 August 2012, there was a settlement reached which is expressed in a confidential legal agreement.

 

The remainder of this report is the same as that presented to the meeting on 17 July 2014.

 

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

There are no significant economic implications.

 

Risk

There is no risk to Council.

 

FINANCIAL IMPLICATIONS:

The recommendation maintains the existing rental return.

 

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                                                                                                     31 July 2014

General Manager's Report

ITEM 9.3      DA2013/170      310714         Development Application DA2013/170

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes a three lot subdivision (consolidation and boundary adjustment) of Lots 2, 3 & 5 DP 881651 & Lot 101 DP 825215 (296 Valla Road, Valla) into three allotments and the construction of a truck depot on proposed lot 2. The construction of the truck depot includes an entrance off Valla Road, excavation of a level pad and sediment pond, the erection of two sheds, and landscaping. It is proposed to undertake the construction of the truck depot in stages, with the erection of the truck storage shed being the only works in stage two. The proposal does not include the stockpiling or processing of any materials on site as this was removed from the proposal by the applicant on 16 April 2014.

 

A copy of the amended plans and Statement of Environmental Effects for the proposed development 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 it has been called in by Councillors.

 

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

 

 

Recommendation:

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2013/170 for a three lot subdivision (boundary adjustment) and truck depot at Lots 2, 3 & 5 DP 881651 & Lot 101 DP825215, subject to the schedule of conditions outlined in attachment 2 of this report.

 

2        That Council note the submissions in the confidential report.

 

 

OPTIONS:

 

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

 

(b) Refuse consent to the development application.

 

DISCUSSION:

 

The subject site is located at 296 Valla Road, Valla and is legally known as Lots 2, 3 & 5 DP 881651 & Lot 101 DP 825215. The site is located within the RU1 Primary Production zone and currently contains a dwelling house, undulating slopes, and scattered trees; with areas susceptible to flooding and bushfire. The majority of the site is cleared grazing land.

 

The proposed development includes the consolidation of the existing four allotments into three, boundary adjustment and the establishment of a truck depot to park and service trucks and machinery associated with an earthmoving business which currently operates within the shire. The specifics of the proposed development are outlined within the plans and Statement of Environmental Effects submitted by the applicant which can be found in attachment 1 of this report.

 

Subject to the recommended conditions of consent, 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

 

Due to the scale and location of the development and the modified environment of the site, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

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

 

Conditions have been included within the recommended conditions of consent which will ensure the proposed truck depot is consistent with 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

A truck depot is permissible with consent within the RU1 Primary Production Zone because it is not specified in item 2 or 4 of the land use table.

 

Subject to the recommended conditions of consent, the proposed development is considered to be consistent with the objectives of the RU1 Primary Production Zone because:

 

·    Its nature, location and scale will maintain the existing natural resource base.

·    It will contribute to a diversity of enterprises within the area and is suitably located and screened which will ensure that it will not have any adverse impacts on the area.

·    It will not result in any additional allotments or the number of dwellings which may be erected on the allotments and will not have any significant impacts on the existing supply of resource lands.

·    The depot will not result in any significant conflicts with surrounding land uses due to its nature (storage of plant/machinery and maintenance) separation (over 290m to closest dwelling not associated with the development), the topography of the land, the existing and proposed screening from the surrounding area, and the sufficient road access which can accommodate the movement of vehicles associated with the development.

 

4.1C – Boundary changes between lots in certain rural, residential and environment protection zones

The three lots resulting from the subdivision will all be less than the 40ha minimum lot size shown on the lot size map.

The proposed subdivision is considered to be consistent with this clause because:

·    It will not increase the number of lots.

·    It will not increase the number of dwellings on or that may be erected on any of the lots. The existing dwelling is located on the eastern part of the existing Lot 2 DP 881651 and will be on the western part of this lot after the boundary adjustment. This means that it will not be permissible for a dwelling to be erected on proposed lot 2 (consolidated Lots 3 & 5 DP 881651) under clause 4.2A. In order to reaffirm this, a condition has been included within the recommended conditions of consent requiring a restriction to be placed on proposed lot 2 under Section 88B of the Conveyancing Act 1919 prohibiting the erection of a dwelling.

With regards to the dwelling envelope illustrated on lot 3; please note that granting consent to the proposed development will not give the lot a dwelling entitlement as separate assessment under clause 4.2A of the NLEP would need to be undertaken along with the submission of additional information justifying that it is a practical building envelope. This can be done if and when a dwelling is proposed on the land. For clarity, a condition has been included within the recommended conditions of consent removing the dwelling envelope from the proposal.

·    The size and shape of the allotments will not result in any conflicts with adjoining land uses.

·    The proposed allotments are considered to be consistent with the natural and physical constraints of the land.

·    It will not result in any adverse environmental impacts on the land or significantly reduce its agricultural viability.

 

5.9AA – Trees or vegetation not prescribed by a development control plan

The Nambucca Development Control Plan 2010 (NDCP) is the only Development Control Plan applicable to the proposed development. The NDCP does not prescribe for the purposes of clause 5.9 any tree or other vegetation. As such, development consent is not required under the NLEP for the removal of trees on the land.

 

7.1 – Acid Sulfate Soils

The proposed development is mostly located on land mapped as class 5 on the Acid Sulfate Soils Map; however, part of the filled area and sediment pond will be located within the class 3 area. Development consent is not required for the proposed works under this clause because the works are not likely to result in the water table being lowered.

 

7.3 – Flood Planning

All proposed works associated with the development are located above the flood planning level. Areas of the allotments the subject of the proposed subdivision which are located below the FPL will maintain their existing agricultural use (grazing) which is not contrary to the matters for consideration outlined in this clause.

 

7.4 - Public utility infrastructure

Essential services are available to the development.

 

7.6 - Earthworks

Subject to the recommended conditions of consent, the proposed earthworks (cut/fill, sediment pond, bunding, and access) are considered to be consistent with the relevant matters because:

·    The bunding and sediment pond will maintain the existing drainage pattern towards Deep Creek and minimise erosion and sedimentation from the truck depot site.

·    They will not jeopardise the future use of the land as they will support the proposed depot and have the potential to support future rural uses on the land.

·    It is not proposed to import any fill and it is not considered that they will disturb any contaminated soils.

·    Their scale and location will not result in any significant impacts on the amenity of surrounding properties due to the slope of the land and proposed/recommended landscape screening.

·    They will not disturb any known relics.

·    Appropriate erosion control measures have been included within the recommended conditions of consent to minimise any adverse impacts on watercourses.

 

·      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 that would have resulted in any contamination of the land.

 

·      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 due to the location of the site from these areas; with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.

 

·      State Environmental Planning Policy (Rural Lands) 2008

 

The matters in clause 10 of the SEPP are similar to Council’s general controls that are considered in the assessment of the proposal against the LEP and DCP.

Having regard to the proposals nature, location and scale it is not considered that it will contradict any of the Rural Planning Principles outlined in clause 7 of the SEPP.

 

(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 development is considered to be consistent with the relevant clauses of the DCP as follows:

 

Notification and Public Participation (Part A)

The application was notified and advertised in accordance with Part A of the DCP. 54 submissions from 40 different people/groups were received during the notification periods and are addressed later in this report.

 

Environmental context (Part A)

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

 

Subdivision (Part B)

The proposed subdivision is considered to be consistent with the relevant clauses within this part because:

·    It is consistent with the existing subdivision pattern of the area.

·    No new roads are required to be constructed.

·    Due to the location of the site within a rural area, existing nature of the road, and that the proposal is for infill subdivision with no increase in dwelling potential; it is not considered that the provision of any footpaths is necessary for the development.

·    It will not impact on any existing/future bus routes.

·    Reticulated water and sewer will not be provided to the site.

·    It is considered that existing stormwater flows and quality will be maintained subject to the recommended conditions of consent.

·    Each allotment will contain a transmission line which traverses the existing allotments. Because the proposal will not increase the number of existing allotments or dwelling potential, this is considered to be satisfactory. 

·    The subdivision will not result in any adverse impacts on the ecology of the land.

·    The minor alteration to Lot 3 will not impact the existing potential of the Lot to contain a practical building envelope.

·    Vehicular access consistent with this part has been conditioned to be provided.

·    It is considered that each lot to be created is physically suitable for on-site disposal of effluent.

·    Each allotment is consistent with the NLEP 2010.

 

Car Parking (Part C)

It is proposed to have 2 staff on site and have a maximum of 12 drivers who start and finish at the site. It is considered that there is sufficient room for all vehicles associated with the development to be accommodated on site which is suitably screened from the surrounding area. Conditions reinforcing this have been included within the recommended conditions of consent.

 

Sediment and Erosion Control (Part D)

A condition has been included within the recommended conditions of consent which will ensure that all works to be undertaken as part of the development will be subject to the installation of adequate erosion and sedimentation devices which are consistent with Part D of the DCP.

 

Rural and environmental development (Part F)

The proposed development is considered to be consistent with this clause because:

·    The proposed truck depot and any future buildings on Lot 3 can be located more than 20m from Valla Road.

·    The proposed truck depot will be located over 290m from the closest dwelling not associated with the development which exceeds the 150m minimum.

·    Sufficient landscaping to minimise the depots visual appearance within the rural landscape has been included within the recommended conditions of consent. Furthermore, views of the depot site from surrounding residences are already substantially screened by existing vegetation within the surrounding area.

·    The truck depot will be located over 50 from Deep Creek.

·    All vegetation screening will be required to be maintained for the life of the development as part of the recommended conditions of consent.

 

Waste Minimisation and Management (Part N)

Conditions have been recommended to be included within the consent regarding the management of waste during construction and operation of the 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

 

There are no matters prescribed by the regulation.

 

(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.

 

Issue

Comments

Context and Setting

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the existing character of the site or surrounding area due to its scale (height and footprint not contrary to what is prevalent within the rural zone), separation from the closest dwelling not associated with the development (290m), consistency with existing surrounding land uses (extractive industry, depot, agricultural activities), substantial setbacks, slope of the land, and vegetation screening.

Access, Transport and Traffic

The proposed access is consistent with the controls outlined within the DCP and considered acceptable by Council’s Development Engineer. Conditions have been included within the consent requiring upgrading of the road in the location of the entrance to the depot to improve safety and minimise impacts on the existing road pavement. Furthermore, the proposed depot will not generate significant amounts of traffic as the only people accessing the site will be 14 staff who will operate a maximum of 8 trucks from the site (as proposed by applicant and included with the conditions of consent). It is considered that Valla Road has sufficient capacity to accommodate the movement of these vehicles.

Public Domain

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the public domain because once complete it will be consistent with the rural character of the area, with sufficient conditions included regarding the numbers and timing of truck movements.

Heritage

In accordance with the Due Diligence Code of Practice, there are no relevant confirmed site records or other associated landscape feature information on AHIMS, no other sources of information of which a person is already aware, and the development will not impact on any landscape features that are likely to indicate the presence of Aboriginal objects.

Water

Appropriate measures have been proposed and reinforced as part of the recommended conditions of consent which will ensure that the proposal will have minimal impacts on water quality.

Soils

Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the consent.

Flora and Fauna

It is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

Waste

Conditions regarding the storage and disposal of waste during construction and operation of the truck depot have been included within the recommended conditions of consent.

Noise and Vibration

Due to the separation of the truck depot from surrounding dwellings and the nature of its proposed operation (intermittent truck movements and maintenance within shed) it is not considered that it will have any significant noise impacts on the surrounding area. Restrictions on construction and operation hours have been included within the recommended conditions of consent.

Natural Hazards

The proposed truck depot and potential building areas on Lot 3 are clear of the flood planning level. Furthermore, the proposed development is considered to be consistent with Planning for Bush Fire Protection 2006 which is reaffirmed by the RFS issuing a bushfire safety authority.

Safety, Security and Crime Prevention

It is considered that the design of the proposed development is consistent with safer by design principles.

Social and Economic Impact in the Locality

Having regard to the above and subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant social or economic impacts on the locality.

 

(c)      the suitability of the site for the development

 

Subject to the recommended conditions of consent, it is considered that the site is suitable for the proposed development because the size and shape of the proposed allotments are not contrary to those in the surrounding area; with the proposed truck depot being suitably screened and separated from the surrounding area, with sufficient access available to the site which can accommodate the proposed truck movements.

 

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

 

54 submissions from 40 different people/groups were received during the notification periods. The following matters were raised in the submissions:

 

Summary of Matters Raised

Reporting Officers Comment

Concerns regarding the proposed stockpiling of materials and crushing, grinding and separating works.

The applicant amended the development application on 16 April 2014 by removing the proposed stockpiling of materials and crushing, grinding and separating works from the proposal. The proposed development only includes the establishment of a truck depot on the land. This has been reinforced by a recommended condition of consent which prohibits the storage or processing of materials on the site and requires the removal of any existing stockpiled materials from the site.

The operation of a depot does not fit within the uses for rural land and belongs in an industrial zone.

 

 

The subject site is zoned RU1 Primary Production. A truck depot is a defined land use term in the Nambucca Local Environmental Plan 2010 (NLEP) and is permitted with development consent in the RU1 Primary Production Zone because it is not specified in item 2 or 4 of the land use table.

By not insisting that it go in an industrial area the Council is foregoing income that it would receive from the sale of industrial land.

Council’s role as the consent authority is to assess the proposed development in accordance with the Environmental Planning and assessment Act 1979 (the act). As demonstrated throughout this report, the proposal is considered to be consistent with the relevant provisions of the act. As such, Council cannot insist that the development be relocated to an industrial zone for the sole purpose of selling land.

The proposal should be rejected by Council for the very reason that it is a mechanical workshop.

The proposed development is for a truck depot for an earth moving business which is permissible within the zone. The use of the truck depot only enables the operator to service vehicles which are part of the business. This has been reinforced within the recommended conditions of consent.

Council should offer incentives such as rate reduction, power and water subsidy, attractive lease/purchase arrangements that would make it viable and attractive to potential businesses to industrial areas.

This may be noted by Council; however, this is not relevant to the determination of the development application.

Already there are more trucks on Valla Road than the road or the residents can cope with safely.

 

Quarry trucks are still at times, exceeding safe speed limits and crossing the centreline along Valla Road, which escalates risk to other road users.

 

The noise and dust levels associated with this are also incompatible with the rural area.

Safety concerns regarding illegal driving is not a reason for refusal as these are matters for the Police because they are not within Council’s jurisdiction.

It is considered that the carriageway of Valla Road has sufficient capacity to accommodate the vehicles associated with the proposed development. This will only be improved at the completion of the upgrade works which will straighten corners and upgrade the road pavement.

Conditions have been included within the consent to ensure the truck depot will have an entrance which will have sufficient sight distances, turning areas, passing bay, and bitumen sealing.

Due to the road being sealed, it is not considered that the traffic associated with the development will significantly increase dust levels; with noise confined to restricted operating hours which are consistent with existing vehicles using the road (quarry trucks).

Trucks, tippers, prime movers, low loaders, and water trucks. All of these heavy vehicles have been seen continually using the light traffic bridge over Deep Creek. How long before structural damage occurs to this recently replaced valuable access, is open to question.

Legal access to the site for such vehicles from the Pacific Highway can be made via Valla Road. Policing of the use of the Deep Creek bridge is outside the scope of this development application.

Valla Road is not coping with the current usage with the ongoing repairs costly to Council as well as vehicle repairs to residents.

Upgrades of Valla Road are currently being undertaken which will improve the existing alignment and pavement condition. While it is acknowledged that traffic generating development will reduce the lifespan of road pavement, it is not considered that the traffic generated by the proposed development will reduce the lifespan of the road to a level that would warrant refusal.

Is the proposal subject to section 94 contributions.

The proposed development is not subject to section 94 contributions under Councils adopted contribution plans.

The proposal has the potential to cause a decrease in the value of my land.

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the natural or social environments of the locality due to its consistency with the existing rural character and amenity of the area, as well as the relevant matters for consideration under the act.

As such, it is not considered that the proposal will have any significant impacts on the value of surrounding land that would warrant refusal of the application.

The land drains to Deep Creek and floods frequently.

The proposal makes the 1 in 100 year flood prone plan irrelevant if a long standing resident of the area can be used as a guide for flooding information. It sets a new precedent for developers who would have in the past been affected by this plan.

Sufficient measures will be put in place as part of the recommended conditions of consent which will minimise any potential impacts resulting from the development. These include erosion and sedimentation controls, system of sewage management, and fuel storage being undertaken in accordance with the relevant standards.

The applicant’s statement in the submitted Statement of Environmental Effects that no flood data exists is incorrect. Assessment of the proposal under clause 7.3 of the NLEP was undertaken using Council’s current flood planning level (FPL) map. It is to be noted that all proposed works are located outside of the area of the site mapped within the 1 in 100 year flood level (FPL).

The large amount of acid sulphate soil has not been addressed. There seem to be conflicting maps regarding this problem.

There is only one map adopted by the NLEP. Having regard to this map and clause 7.1 of the NLEP, the proposed development is acceptable (discussed above).

The proposal is in view of neighbouring properties and will have a negative impact on the visual amenity of the area.

The location of the proposed truck depot is substantially screened from surrounding dwellings/properties by existing vegetation within the surrounding area and on the subject site. It is considered that the location of the depot over 120m from Valla Road, its location below the level of the road, the height of the two sheds being consistent with those within a rural zone, the use of muted colours and materials that blend with rather than stand out from the natural environment (conditioned), and the implementation  of substantial landscape screening (conditioned) will ensure that the proposed development will not result in any significant visual impacts that would be inconsistent with the rural character of the area.

The proposal will create conflict between existing land uses within the zone and adjoining zones. This proposal is highly incompatible with the majority of existing uses permitted within the RU1 Zone in the valley.

It is not considered that the truck depot will result in any significant conflicts with surrounding land uses due to its nature (storage of plant/machinery and maintenance), separation (over 290m to the closest dwelling not associated with the development), the topography of the land, the existing and proposed screening from the surrounding area, and the sufficient road access which can accommodate the movement of vehicles associated with the development. It is to be noted that Valla Road has been used by such vehicles for over a decade due to the existing quarry within the area and an existing depot located on the closest adjoining property to the proposed depot.

The development is opposite land zoned as rural village and marked for future urban development all the way to Cow Creek as outlined in the Nambucca Shire Structure Plan.

It should be made clear that no properties along Valla Road are located within a village zone. Residential village estate is a rating category used by Council and is not a land use zone under the NLEP. The site is surrounded by properties within the RU1 Primary Production and RU2 Rural Landscape zones. It should be noted that all properties off Valla Road are within one of these two land use zones.

The closest rural residential zone (R5 Large Lot Residential) is located over 1.1km to the north of the proposed depot, with the closest general residential or business zone being within the undeveloped urban release area off Cow Creek road over 1.2km from the proposed truck depot.

As can be seen from the above and when viewing the land zoning map of the area, the land opposite the site is not marked for future urban development all the way down to Cow Creek. The structure plan was a consideration during the preparation of the current NLEP; however, all of the identified urban land was not included in the existing urban release area off Cow Creek Road.

The proposal will set a precedent for the use of agricultural land.

The proposed truck depot is a permissible land use within the zone. Any proposals for similar developments will need to demonstrate consistency with the relevant sections of the act prior to any approval in the same manner this proposed development has been presented/assessed.

The depot is to be located on prime agricultural creek flats which may be needed in the future for intense food production. More land should be set aside for farming not less.

Two key rural planning principles are the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas, and the recognition of the importance of rural lands and agriculture.

Although the proposed development is not associated with primary production, it is a permissible land use within the zone which is considered to promote a productive and sustainable economic activity within the rural area of the shire. It is also considered that the size and use of the development will not significantly inhibit the existing agricultural use of the land (grazing), with the ability for the land (including the proposed buildings) to be used for more intensive agricultural activities in the future if the proposed use were to cease.

The existing earthmoving firm in its current location are not only good neighbours but very good with their vehicles. The trucks come and go at intermittent times during the day with little disturbance to us.

Subject to the recommended conditions of consent, it is considered that the proposed depot can achieve this.

This development will not be out of character for the area. The sheds in the proposal will be no different to the machinery sheds already on this and many rural properties in the area. Landscaping will eventually screen the development from the road, using existing and planted trees and vegetation.

This assessment does not disagree with this statement.

The proposed hours of operation would create noise stress to the residents of this area, with no respite even on weekends.

Noise associated with the development will be activities within the workshop and the operation of plant. It is not considered that these noise sources will be detrimental to the welfare of surrounding residents due to the separation of the site from surrounding dwellings and subject to the noise limits and hours of operation contained within the recommended conditions of consent which are consistent with existing commercial activities within the locality.

Recently a nearby property owner sold a property as a single deed because an application to split the property into 2 or several deeds was refused. Yet this proposed boundary change, which literally constitutes a splitting of the single lot into multiple lots, is possibly allowed to proceed. This does not seem consistent to the other residents nearby.

Comment cannot be made on the unidentified case referred to in the submission. However, as assessed earlier in this report, the proposed subdivision is considered to be consistent with clause 4.1C of the NLEP. It is to be noted that clause 4.1C was only introduced into the NLEP on 7 March 2014.

The possibility of eventual expansion and modified modes of operation is very real and will only further diminish the quality of life for nearby residents.

Any expansion or modification to the truck depot will be subject to separate development consent.

There is a conflict of interest with Cr John Ainsworth voting.

Councillor to assess and determine any conflict of interest.

Why has the council seen fit to do the road works on the corner of the property when the DA hasn`t been approved.

Council is undertaking roadwork’s as part of the realignment of Valla Road. All of these works are located within the road reserve and are not associated with the proposed development.

I also believe there is a stock pile of rubbish being dumped along the edge of Deep Creek on the property. 

Conditions have been included within the recommended conditions of consent to remove existing stockpiles of scrap material and soil from the property. The applicant has stated verbally that this will be undertaken.

What is the source of the waste oil to be stored on site and what quantity will be stored. This is not proposed as a vehicle service centre.

Waste oil will be a by-product of servicing the earthmoving plant proposed to be stored within the truck depot which is permissible. Quantities and storage methods have been conditioned to comply with the relevant guidelines.

Sedimentation pond should not now be required as the proposal has been modified with the removal of processing and stockpiling of materials. What is the purpose of the pond and what is its capacity.

The purpose of the pond is to manage potential erosion and sedimentation from the surface area of the truck depot. The final capacity will be determined as part of the detailed design to be submitted as part of the construction certificate application.

Where is the water for the cleaning of vehicles coming from.

Two 50,000 water storage tanks on site which will capture roof water runoff.

How will weed control be managed.

The proposal includes a wash down bay to clean machinery which will reduce the potential for spread of weeds within the shire. The landowner will continue to be required to manage weeds on the property in accordance with statutory requirements.

If the waste water treatment area is to be a reed bed system, care should be taken when and if detergents are used.

This will be required as part of any section 68 approval for the effluent system. Such approval will be obtained after development consent is issued.

Do the proposed employment levels justify a large area for vehicle parking and storage. Why is machinery being stored at the site if there is no processing to occur.

It is proposed to have 14 staff access the site each day and store plant on the gravel hardstand area. It is considered that the area of the hardstand area is acceptable having regard to the numbers of trucks (8) and associated machinery to be stored as well as manoeuvring areas.

Machinery is to be stored on site because the proposal is for a truck depot for an earth moving business.

It is assumed that a future DA will be required for the stage 2 shed.

The proposed development is not a staged development within the meaning of the act because the applicant is seeking development consent for both sheds. The proposal is not a concept.

It is the applicant’s intention to erect the sheds in stages. This can be done through the lodgement of separate construction certificate applications.

Are there more stages to follow.

No. Any further development requires separate development consent.

A 300mm bund is not sufficient to cope with torrential rain events.

The size of the bund has been determined by a qualified and experienced civil engineer.

There are a lot of farmers with RU1 land that don’t have building envelopes and as per the NLEP aren’t allowed to apply for any. How does Lot 3 have a building envelope.

As outlined earlier in this report, the proposed development will not give the lot a dwelling entitlement as separate assessment under clause 4.2A of the NLEP would need to be undertaken along with the submission of additional information justifying that it is a practical building envelope.

The properties use is cropping and grazing. How can a truck depot be the same use.

A truck depot is the proposed new use on the land which is the subject of the development application.

Clause 4.2C of the NLEP states that the consent authority must be satisfied the use of the land will be the same use. Agriculture is the only use on the land.

Correct. The proposal is not permissible under clause 4.2C of the NLEP. However, as outlined earlier in this report, the proposed subdivision is permissible due to its consistency with clause 4.1C of the NLEP.

 

(e)      the public interest

 

Subject to the recommended conditions of consent and as assessed above, 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:

 

Internal Referrals

Engineering - Council’s Development Engineer has no objections to the proposed development subject to the inclusion of the recommended conditions of consent.

 

Health and Building – Council’s Health and Building Officer has assessed the proposed methods of effluent disposal and is satisfied that waste water from the development can be adequately dispersed within the boundaries of the subject site as part of a separate section 68 approval. A condition requiring the applicant to obtain such an approval prior to the commencement of works has been included within the recommended conditions of consent.

 

External Referrals

NSW Rural Fire Service – The application was referred to the NSW Rural Fire Service (RFS) for general terms of approval in accordance with section 91 of the Environmental Planning and Assessment Act 1979. General terms of approval were received from the RFS with the recommended conditions included within the consent.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

As outlined above and subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the natural environment due to the nature of the development and site, with appropriate pollution mitigation measures included within the recommended conditions of consent.

 

Social

As outlined above and subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant impacts on the existing amenity of the surrounding area.

 

Economic

The proposed development will allow for the growth of an existing business within the shire; with the minimal natural or social impacts associated with the development not considered to result in any significant economic impacts on the surrounding area.

 

Risk

Nil.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

 

Attachments:

1

20391/2014 - Attachment 1 - Plans and Statement of Environmental Effects

 

2

20359/2014 - Attachment 2 - Schedule of Conditions - DA2013/170

 

3

 - Attachment 3 - Confidential

 

  


Ordinary Council Meeting - 31 July 2014

Development Application DA2013/170

 




























Ordinary Council Meeting - 31 July 2014

Development Application DA2013/170

 

 

 


Ordinary Council Meeting                                                                                                     31 July 2014

 

General Manager's Report

ITEM 9.4      DA2014/103      310714         Development Application DA2014/103

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The subject site is located at 180 Coronation Road, Congarinni North, is legally known as Lot 3 DP 1015406 and is located within the RU1 Primary Production Zone. The proposed development includes the continued use of an existing building on the site as a reception and cattery which is associated with the existing animal boarding establishment on the site. The building is located within the existing car park of the animal boarding establishment and was constructed in the first half of 2014 without development consent. The proposed use of the building is permissible with development consent.

 

The applicant has also sought approval to use the building to accommodate sick animals associated with the animal boarding establishment once the reception and cattery approved under development application DA2013/177 are completed. While this is considered acceptable, a condition has been included within the recommended conditions of consent restricting the use of the building to only house cats. This will ensure that the noise associated with the existing/approved development on the land will not be adversely increased through an increase in the number of dogs on the site.

 

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.

 

A copy of the plans of the building can be found in attachment 1 of this report.

 

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 2014/103 for the continued use of an existing reception and cattery at Lot 3 DP 1015406, subject to the schedule of conditions outlined in attachment 2 of this report.

 

 

OPTIONS:

 

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

 

(b) Refuse consent to the development application.

 

DISCUSSION:

 

The subject site is located at 180 Coronation Road, Congarinni North and is legally known as Lot 3 DP 1015406. The site contains an existing dwelling house and an animal boarding establishment. Separate vehicular entrances exist for both the eastern and western frontages of the site due to the topography of the land.

 

The subject development application was received on 17 June 2014 and includes the continued use of an existing building currently used as a reception and cattery associated with the existing animal boarding establishment on the site. The building is located within the existing car park of the animal boarding establishment and was constructed in the first half of 2014.

 

Development application DA2013/177 was approved by Council on 12 February 2014. This approval was for the redevelopment of the existing animal and boarding establishment and included a reception and cattery. The current proposal is for the continued use of the existing building as a reception and cattery. It is proposed that once development associated with DA2013/177 is complete, the use of the existing building will change to accommodate sick animals associated with the animal boarding establishment.

 

Subject to the recommended conditions of consent, 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 surrounding the building (existing car park) and the condition of the surrounding environment; 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

 

The existing building is located over 100m from the closest bushfire threat and is not considered to be bushfire prone land in accordance with 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 continued use of the existing reception building is permissible as it is ancillary to the existing animal boarding establishment and will not be contrary to any of the objectives of the zone.

 

7.4 - Public utility infrastructure

Reticulated power is connected to the building.

 

·      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

 

The site is not considered to be a potential koala habitat because specified feed trees are not located within the site. It should also be noted that native vegetation will not be impacted by the proposal.

 

·      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 disturbance from the construction of the building being minimal.

 

(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 development is considered to be consistent with the relevant clauses of the DCP as follows:

 

Notification and Public Participation (Part A)

The application was notified 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.

 

Car Parking (Part C)

Sufficient room for car parking provision exists on site to cater for the existing development.

 

Rural and Environmental Development (Part F)

The building has sufficient setbacks which comply with the requirements of this clause.

 

With regards to the applicants proposed use of the building to house sick animals once development related to development application DA2013/177 is complete; it is considered that restrictions should be included as part of any consent limiting the use of the building to only house cats. This will ensure that the noise associated with the existing/approved development on the land will not be adversely increased by the housing of additional dogs on the land. A condition to this effect has been included within the recommended conditions of consent.

 

(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

 

There are no matters prescribed by the regulation.

 

(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 building will result in any significant social or economic impacts on the locality due to its use, scale, location and consistency with the existing use of the land.

 

(c)      the suitability of the site for the development

 

It is considered that the site is suitable for the proposed development because the building is not visually prominent from the road and is complementary and consistent with the existing development on the land. Furthermore, the proposal will not increase existing noise from the site because additional dogs will not be boarding on the premises as a result of the development (recommended condition of consent); with existing parking and access areas considered suitable to service the development.

 

(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 a small structure within a highly modified area of the site. All cats will be housed within the building at all times.

 

Social

 

The proposal is consistent with the existing development on the land and will not result in any significant impacts on the amenity of the surrounding 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.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

20917/2014 - Attachment 1 - Plans - DA2014.103

 

2

20915/2014 - Attachment 2 - Schedule of Conditions - DA2014/103

 

  


Ordinary Council Meeting - 31 July 2014

Development Application DA2014/103

 




Ordinary Council Meeting - 31 July 2014

Development Application DA2014/103

 

SCHEDULE OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented generally in accordance with the plans 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

Dwg No

Prepared by

Dated

Site Plan

DA-01

-

Undated

Elevations

8 of 12

Yarra

28/2/14

Section & Floor Plan

9 of 12

Yarra

28/2/14

 

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.

 

Specifics of Consent

 

2.       This consent permits the building to be used as a reception and cattery for the existing animal boarding establishment on the land. Upon completion of the reception approved under development consent DA2013/177, use of the building as a reception may cease.

         

          No approval is given to the housing of dogs within the building. All cats must be kept in the building or restrained while on site.

 

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.

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          NO

 

 

 



Ordinary Council Meeting                                                                                                     31 July 2014

General Manager's Report

ITEM 9.5      SF1947            310714         Outstanding DA's greater than 12 months, applications where submissions received not determined from 10 July - 22 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

A total of 54 public submissions have been received from 40 individuals/groups

Of these, 6 submissions support the proposal, the rest oppose it.

 

·     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

·     Hours of operation will conflict with nearby residents

·     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

·     Heavy vehicles will damage the road

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

·     Construction of sediment ponds

·     Rubbish – increase in traffic

·     Boundary adjustment would be inconsistent as Council refused a nearby resident permission to split his property

Supporting:

·    Objections coming from small but vocal minority of residents spreading misinformation

·    Providing local employment opportunities

·    Not out of character – similar to other machinery sheds

·    Valla Road is in good condition

·    Other similar businesses operate in rural areas

·    May be able to assist the local RFS

·    Truck drivers drive well, it’s the car drivers that are the problem

·    Deep Creek does not run through the farm, it is beside it. Flooding only happens on a small portion of the property

·    Doesn’t believe property is affected by Acid Sulphate Soils

 

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

 

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

2014/083

20/05/14

Alterations to a caravan park

Lot 104 DP 622709, Adin Street, Scotts Head

Two public submissions have been received, one in support and one opposing.

Supporting submission:

·    Central village area will be improved by the removal of unsightly permanent vans/cabins

·    Allows more area for day and family activities

 

Opposing submission:

·    New entry road location poses significant danger to residents and park visitors as it is on a blind corner with thick vegetation. One fatality at this location.

·    Part Lot 3 should not be used for overflow camping

·    Would like clarification as to location of caretaker’s accommodation/office

·    Footpath along the northern side of Adin Street adjacent to Part Lot 3 should be continued.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     31 July 2014

General Manager's Report

ITEM 9.6      SF791              310714         Minutes of Land Development Committee Meeting held on 17 July 2014

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the following recommendations of the Land Development Committee be adopted:

 

1.       Item 5.4 - Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

          That the matter be deferred to allow for an on-site inspection.

 

2.       Item 5.5 - Request to Acquire a Small Section of Gordon Park, Nambucca Heads – Kelli & Clint Leckie

          That, in regard to the request by Kelli and Clint Leckie to acquire a small section of Gordon Park, Nambucca Heads, Council as Trust Manager recommend that an easement be granted to the Leckies for 290m2 under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that liability and all costs for the wall and easement be vested with the beneficiary of the easement; and that the representatives of Crown Lands be           formally thanked for their attendance at Council.

 

          That the representatives of Crown Lands be formally thanked for their attendance at Council.

 

3.       Item 5.3 - Proposed Land Swap – Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate

That, in regard to the proposed Land Swap - Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate, Council confirm its agreement to the land exchange between part Lot 40 DP 711098 and part Lot 63 DP 1058432 at nil consideration subject to the owner of Lot 63 DP 1058432 meeting all legal, survey and transfer costs, including any stamp duty which may be payable; and further that Council’s seal be attached to documents relating to the land exchange as required.

 

4.       Item 5.1 - Industrial and Residential Land

i)        That the information in the report concerning Council owned land – available,           developable land stocks, including unsold blocks be received.

 

          ii)       Council’s seal be attached to any documents relating to the sale of Lot 2                               DP 1197777 being Council’s industrial land parcel in Yarrawonga Street,

                   Macksville.

 

          iii)      Council’s seal be attached to any documents relating to the leasing and sale of                              proposed Lot 11 DP 1197778 being Council’s industrial land parcel in Railway                       Road, Nambucca Heads.

 

          iv)      Council support the preparation of a tender for the development of the 13 lot                         residential subdivision in Hyland Park with the lots to be sold “off the plan” prior                 to starting the subdivision civil works.

 

          v)       Council obtain two valuation assessments from Nambucca Heads Real Estate                       Agents for the potential sale of the Hyland Park property as is.

 

5.       Item 5.2 – Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach

          That, in relation to the proposed reclassification and sale of Part of Lot 8 DP 821952,

Valla Beach Road, Valla Beach, the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

 

 

 

OPTIONS:

 

Council is considering recommendations from its Land Development Committee.  It can either adopt the recommendations or change/not adopt the recommendations.

 

 

DISCUSSION:

 

The minutes of the Land Development Committee meeting held on 17 July 2014 are attached to this report.

 

The recommendations from the Committee, if adopted, will require a number of actions.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This has been reported to the Land Development Committee.

 

Social

This has been reported to the Land Development Committee.

 

Economic

This has been reported to the Land Development Committee.

 

Risk

The risks have been reported to the Land Development Committee.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The Land Development Committee has considered the budgetary impacts.

 

Source of fund and any variance to working funds

The Land Development Committee has considered the impact on working funds.

 

Service level changes and resourcing/staff implications

The Land Development Committee has considered the resourcing implications.

 

 

Attachments:

1

20302/2014 - Minutes - Land Development Committee - 17 July 2014

 

  


Ordinary Council Meeting - 31 July 2014

Minutes of Land Development Committee Meeting held on 17 July 2014

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Paula Flack

Cr Brian Finlayson

Cr Anne Smyth

Cr Bob Morrison

Michael Coulter (General Manager)

Cr Elaine South

Wayne Lowe (Manager Business Development)

 

 

APOLOGIES

 

Cr John Ainsworth

Cr Kim MacDonald

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary insignificant conflict of interest in Item 5.2 Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach under the Local Government Act.

 

 

CONFIRMATION OF MINUTES

 

 

Council adopted the minutes of the meeting on Land Development Committee meeting on 22 May 2014 at its meeting 29 May 2014.

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

 

 

General Manager Report

 

ITEM 5.4      PRF72                170714      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

Motion:      (Finlayson/Smyth)

 

1        That Council publicly notify its intention to reclassify Lot 40 DP 711098 (the Kingsworth Lake Reserve excluding the proposed land swap) from community to operational land and secure the services of a staff member from an adjoining Council to undertake the necessary public hearing.

 

2        That Council in conjunction with the reclassification in 1, support the preparation of a planning proposal to rezone Lot 40 DP 711098 (excluding the existing R5 zoned land) from RE1 Public Recreation to E3 Environmental Management with a 40 hectare minimum area requirement for subdivision.

 

3        That Council resolve that the proceeds of any sale of the residue of Lot 40 DP 711098 (after the land swap) be applied to the maintenance and reconstruction of Florence Wilmont Drive.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred to allow for an on-site inspection

 

The amendment was carried and it became the motion and it was:

 

10/14 Resolved: (Flack/Smyth)

 

That the matter be deferred to allow for an on-site inspection.

 

 

 

ITEM 5.5      SF734                170714      Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie

Motion:      (Morrison/)

 

That the previous recommendations from the Crown Lands Office be accepted being that the 290m2 of land be sold to the Leckies’ and the conditions and “short cut” for the sale be in accordance with annexure “A” of the Crown Lands letter dated 16 January 2014.

 

Lapsed for want of a seconder

 

11/14 Resolved: (Flack/South)

 

That Council hear from the representatives of Crown Lands, Mr Kevin Cameron and Mr Bert Hurcum.

 

Motion:      (Flack/Smyth)

 

That Council as Trust Manager recommend that an easement be granted to the Leckies for 290m2 under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that liability and all costs for the wall and easement be vested with the beneficiary of the easement.

 

Amendment:       (Morrison/Finlayson)

 

That the matter be deferred until the Leckies’ have had sufficient time to talk to Crown Lands about the matter to enable them (Crown Lands) to either support their previous recommendation or otherwise.

 

Amendment was LOST.

 

The motion was then put:

 

12/14 Resolved: (Flack/South)

 

That Council as Trust Manager recommend that an easement be granted to the Leckies for 290m2 under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that liability and all costs for the wall and easement be vested with the beneficiary of the easement.

 

13/14 Resolved: (Flack/South)

 

That the representatives of Crown Lands be formally thanked for their attendance at Council.

 

 

 

ITEM 5.3      SF791                170714      Proposed Land Swap - Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate

14/14 RESOLVED: (Morrison/Finlayson)

 

1        That Council confirm its agreement to the land exchange between part Lot 40 DP 711098 and part Lot 63 DP 1058432 at nil consideration subject to the owner of Lot 63 DP 1058432 meeting all legal, survey and transfer costs, including any stamp duty which may be payable.

 

2        That Council’s seal be attached to documents relating to the land exchange as required.

 

 

 

ITEM 5.1      SF791                170714      Industrial and Residential Land

2/14 RESOLVED:  (Finlayson/South)

 

1        That the information in the report concerning council owned land – available, developable land stocks, including unsold blocks be received.

 

2        That Council’s seal be attached to any documents relating to the sale of Lot 2 DP 1197777 being Council’s industrial land parcel in Yarrawonga Street, Macksville.

 

3        That Council’s seal be attached to any documents relating to the leasing and sale of proposed Lot 11 DP 1197778 being Council’s industrial land parcel in Railway Road, Nambucca Heads.

 

4        That council support the preparation of a tender for the development of the 13 lot residential subdivision in Hyland Park with the lots to be sold “off the plan” prior to starting the subdivision civil works.

 

5        Council obtain two valuation assessments from Nambucca Heads Real Estate Agents for the potential sale of the Hyland Park property as is.

 

 

 

Cr Finlayson advised of a non-pecuniary insignificant conflict of interest in this matter.

 

ITEM 5.2      SF791                170714      Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach

Motion:      (Finlayson/South)

 

1        That Council give public notice of its intention to reclassify proposed Lots 2 and 3 as shown in trim document no. 18527/2014 as operational land and undertake the required public hearing in accordance with the Local Government Act 1993.

 

2        That Council lodge a development application for the proposed subdivision of Lot 8 DP 821952 as shown in trim document no. 18527/2014 with the necessary supporting information including environmental, bushfire and noise assessments.

 

3        That Council seek the assistance of an adjoining Council in undertaking the necessary public hearing and the assessment of the development application for the proposed subdivision.

 

4        That part of the proceeds of any land sale be invested in improving assets in Valla Beach and that the application of such funding be undertaken in consultation with the Valla Beach Community Association.

 

Amendment:       (Flack/Smyth)

 

That the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

 

The amendment was carried and it became the motion and it was:

 

3/14 Resolved(Flack/Smyth)

 

That the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

   

 

NEXT MEETING DATE

 

The next meeting will be held on a date to be determined.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being  5.18 pm. 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     31 July 2014

General Manager

ITEM 9.7      PRF72              310714         Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council is the owner of 17.6 hectares of land being Lot 40 DP 711098 which is zoned RE1 Public Recreation.  The land adjoins the Kingsworth Estate and contains a large dam.  The land has no constructed access and has not been developed for public recreation since it came into Council’s ownership as a developer contribution in the mid 1990’s.  The reserve is not well located to a population centre.  The available evidence suggests that Council has a surplus of publicly owned open space.  Besides the questionable value in retaining the land for public recreation, the Council has not, nor is ever likely to have the necessary funds to develop and maintain the land for public recreation.  It is recommended that the land be reclassified to operational and be rezoned for a low intensity use and then be sold with the funds to be applied to maintaining Florence Wilmont Drive.

 

 

Recommendation:

 

That Council:

 

1        Publicly notify its intention to reclassify Lot 40 DP 711098 (the Kingsworth Lake Reserve excluding the proposed land swap) from community to operational land and secure the services of a staff member from an adjoining Council to undertake the necessary public hearing.

 

2        In conjunction with the reclassification in 1, support the preparation of a planning proposal to rezone Lot 40 DP 711098 (excluding the existing R5 zoned land) from RE1 Public Recreation to E3 Environmental Management with a 40 hectare minimum area requirement for subdivision.

 

3        Resolve that the proceeds of any sale of the residue of Lot 40 DP 711098 (after the land swap) be applied to the maintenance and reconstruction of Florence Wilmont Drive.

 

 

OPTIONS:

 

Council has the option of taking no action or applying a different zoning.  Consideration was given to applying the more restrictive, E2 Environmental Conservation Zone however it does not permit extensive agriculture (grazing) nor aquaculture.  It is considered that some agricultural  use of the land should be permitted to provide some income for the management of the land.

 

DISCUSSION:

 

This report was considered by the Land Development Committee at its meeting on 17 July 2014.  It was resolved that the matter be deferred to allow for an on-site inspection.  As the Council will be carrying out an inspection at Nambucca Heads at this Council meeting, the on-site inspection has been scheduled in conjunction with the trip to Nambucca Heads.

 

Reference is made to the other report is the Land Development Committee business paper of 17 July 2014 concerning the proposed land exchange (swap) of part of the “Kingsworth Lake Reserve” with an adjoining property, Lot 63 DP 1058432.

 

The Kingsworth Lake Reserve, being Lot 40 DP 711098, was dedicated to Council as part of a developer contribution and was categorised as community land (Natural Area, Bushland) on 4 May 1995.  It has an area of 17.6 hectares, much of it being a large water body (dam).

 

An aerial photo with cadastral detail showing the reserve is attached.

 

The land is zoned RE1 Public Recreation, except for a small area the subject of the proposed land swap which is zoned R5 Large Lot Residential.

 

A plan of management for the land was prepared in January 2012 in accordance with a recommendation from a public hearing into a proposed land swap (elsewhere reported).  The adopted plan of management for the land is attached.

 

The land has no physical access for a vehicle.  There is an access handle between Lots 5 and 6 Florence Wilmont Drive which is suitable for only pedestrian access.  There is no constructed access off Old Coast Road.  Given how close the dam sits to the boundaries of the property it is doubtful whether physical access can be provided around the perimeter of the dam.

 

The preliminary observation of the consultant, Sue Suter who is undertaking the review of Council’s Community Facilities and Open Space Contribution Plan is that in general terms the Shire has an overabundance of public open space.  In relation to this particular reserve Council will need to spend upwards of $200,000 to provide the necessary access and amenities to enable it to be used.  Council will also incur costs in managing the reserve.  Its relatively isolated location makes it more vulnerable to illegal dumping and vandalism.  In addition the large dam presents other risks and costs, for example in relation to the management of aquatic weeds and the potential for drowning.

 

The reserve is not well located to a population centre.  Whilst it adjoins the Kingsworth Estate, a large lot residential subdivision, it is located approximately half way between the urban centres of Macksville and Nambucca Heads. 

 

Whilst the use of the very large dam on Lot 40 was considered in Council’s drought emergency planning for water supply, with the impending completion of the $54m 4,500 ML off river water storage at Bowraville it is no longer likely that dam will be required for emergency water supply.

 

Besides the questionable value in retaining the land for public recreation, the Council does not, nor is ever likely to have the funds to develop and maintain the land for public recreation.

 

Council will be better placed to reclassify the land as operational and rezone it to provide for a low intensity private use consistent with its environmental attributes and the aesthetic value it provides to some of the adjoining residential properties in the Kingsworth Estate.  In this respect the recommended zoning is the E3 Environmental Management Zone, the objectives of which are:

 

Ø To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values

Ø To provide for a limited range of development that does not have an adverse effect on those values.

 

The proposed E3 Environmental Management zone provides for a limited range of permissible land uses which includes a dwelling house, extensive agriculture and aquaculture.

 

The E3 Environmental Management zone is also consistent with the zoning of land immediately to the east.  A zoning map showing the relationship of the land to surrounding holdings is attached.

 

Assuming the land is reclassified and rezoned as recommended, it is proposed that the land be sold with the proceeds applied to the maintenance and reconstruction of Florence Wilmont Drive.

 

CONSULTATION:

 

There has been consultation with the new owners of Lot 63; with Council’s Senior Town Planner as well as with the Manager Development & Environment, the Manager Technical Services, the Strategic Planner, the Senior Health and Building Surveyor, the Assistant General Manager Engineering Services and the Business Development Manager.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There will need to be environmental investigations to determine that a dwelling may be erected on the residue of Lot 40 (after the land swap).  These investigations will need to include a bush fire and flora/fauna assessment.  In order to ensure the privacy of neighbouring properties it is proposed that a dwelling envelope be fixed before the land is sold.

 

Social

The value of the land for public recreation is discussed in the report.

 

Economic

There are no significant economic implications.

 

Risk

The financial and other risks are detailed in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the budget for the necessary environmental investigations which will be required for the proposed rezoning.  These will include a bush fire assessment and flora/fauna assessment.  It is estimated that the cost of this work will be less than $10,000. This can be funded from the Property Development Reserve.  Provision for this will need to be made in the next quarterly budget review.

 

It is anticipated that the required public hearing for the reclassification could be undertaken by a staff member of an adjoining Council.  The cost attached to this would be the offer of a reciprocal arrangement.  This can be met within existing overheads so Council will not incur an expense.

 

No provision has been made for any revenue from the sale of the land.  This is unlikely to be achieved in this financial year.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be staff time required in preparing and reporting on the planning proposal.  The preparation of the necessary environmental investigations will also need to be managed.  However the removal of the reserve from Council’s list of assets to maintain will over time result in a substantial reduction in Council’s service levels.  This will far exceed the initial commitment of resources to reclassify and rezone the land.

 

Council needs to weigh the opportunity cost of retaining such land against realising its value to invest in the renewal or improvement of its assets.  In 2012-2013 Nambucca Shire Council had an operating performance ratio of -33.0.  The ratio measures a council’s achievement of containing expenditure within operating revenue.  A deficit before capital occurs when total expenses are greater than total revenue (excluding all capital amounts).  Even allowing for the transfer of the Macksville Showground, the ratio was still -11.2%, well below the TCorp benchmark of better than -4.0%.  Given Council’s weak financial sustainability, as a general principle it is not recommended that Council retain land where no public use is identified or likely.

 

Attachments:

1

18934/2014 - Kingsworth Lake Reserve - aerial photo/cadastre

 

2

26765/2011 - Adopted Plan of Management

 

3

18967/2014 - Kingsworth Lake Reserve Zoning Map

 

  


Ordinary Council Meeting - 31 July 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 


Ordinary Council Meeting - 31 July 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

 

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS, BUSHLAND

 

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

 

 

 

Prepared by:

                                                     Nambucca Shire Council

                                             P O Box 177

                                             MACKSVILLE  NSW  2447

Adopted by Council 19 January 2012


Ordinary Council Meeting - 31 July 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

NAMBUCCA SHIRE COUNCIL

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS,

BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

BACKGROUND

 

The landowner of the adjacent property, (Lot 63 DP 1058432), approached Council with a proposal for a boundary adjustment to enable a land swap between the Council reserve land and the rural land within Lot 63.

 

Council resolved to proceed with the Draft LEP (Amendment No. 62) on the 20 April 2006 and Council received an authorisation to issue a Section 65 Certificate on 7 July 2006, and exhibited the draft plan from 25 August 2006 to 22 September 2006. The Draft LEP was for the rezoning of the land to be exchanged and reclassification of the open space land.

 

The land was categorised as community land (Natural Area, Bushland) on 4 May 1995 and was dedicated to Council as part of a developer contribution under Section 94 of the Environmental Planning and Assessment Act 1979. It was indicated at that time that the design for subsequent stages were preliminary and “minor variations in boundary location between lots and proposed public reserve may be necessary”.

 

Council concurred with the land exchange and reclassification to enable legal access to the reserve. There is no suitable legal access from the end of Florence Wilmont Drive to Old Coast Road as the existing access way between Lots 5 and 6 Florence Wilmont Drive is suitable for pedestrian or bicycle access only. Council require access to the dam within the reserve for the purpose of emergency drought situations, water for dust suppression and for fire fighting purposes.

 

 

GENERAL DESCRIPTION

 

This plan applies to the community land in the category of Natural Area, Bushland.  It is intended to cover the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

The subject land is located in Nambucca Heads at the western end of Florence Wilmont Drive. The land is adjacent to an informal intersection with Old Coast Road. The land is located at the western extremity of the Kingsworth Estate Rural Residential Release Area.

 

The site is located at the western end of Kingsworth Estate and adjoins land predominately zoned R5 Large Lot Residential.

 

 

 

CLASSIFICATION OF LAND

 

The land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate is categorised as community land. The sub-category is Natural Area, Bushland.

 

The proposal requiring the reclassification of the land is the result of a proposed boundary alteration; a land swap between the rural land and open space land. The exchange of land will result in a nett increase in the reserve of 8,940 m2; 4,960 m2 of reserve is proposed to be zoned for rural residential purposes and 1.39 hectares of rural land is proposed to be rezoned for open space purposes.

 

The proposal will increase the street frontage of the reserve from 60.57 m to 242.67 m and will allow a dedicated road to the existing dam to be used for emergency access for water in times of drought and for water to be used for fire fighting purposes or as a dust suppressant at other times.


 

Pre-existing zone

New Zone

 

 

OWNER OF LAND

 

Nambucca Shire Council is the owner of the land.  Part Lot 40 DP 711098 Old Coast Road Kingsworth Estate.

 

 

TRUST, ESTATE, INTEREST, DEDICATION, CONDITION, RESTRICTION OR COVENANT APPLYING TO THE LAND

 

There is no trust, estate, dedication, condition, restriction or covenant applying to the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

 

OWNERS APPROVAL OF MANAGEMENT PLAN

 

Nambucca Shire Council is the owner of the land.

 

 

LEASEHOLD DETAILS

 

There are no leasehold details associated with the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate. 

 

 


Ordinary Council Meeting - 31 July 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

NAMBUCCA SHIRE COUNCIL

 

PLAN OF MANAGEMENT

 

NATURAL AREA, BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Landscape Character

Maintain the natural flora

Reduce the invasion of urban weeds

Annual inspection

 

 

Control noxious weeds

Annual inspection

 

 

Maintain existing native plants. Replant with local indigenous plants

Annual inspection

 

 

Lop trees that are hazardous to users and adjoining private land.  (Do not lop to restore views or that shade properties)

Annual inspection

 

 

Remove trees with termite infestations

Annual inspection

Facilities

Limit construction of facilities on reserves

Limit furniture to seats where needed by walkers.  No toilets, garbage bins, tables or BBQ’s

Annual inspection

Paths

Access paths are to be non-intrusive

Use natural materials such as gravel, soil, bark on pathways and timber formed steps where necessary

Identify high use areas by pedestrians

Unauthorised Use

No intrusion is permitted of private use such as gardens, boats, cars, caravan, rubbish etc

Existing intrusions are identified and notices to remove are issued

Annual inspection

Bushfire Protection

Litter not be allowed to accumulate to the stage of being a bush fire hazard

Slash block or control burn according to Bush Fire Management Plan

Annual inspection

 

 

 

Prepare Bush Fire Management Plan

 


 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Management and Administration

An efficient and practical administration and management system with clear areas of responsibility and a well defined method of obtaining

Employment of staff with horticultural training.  Provide sufficient funds for correct maintenance practice

The reserve is to maintain its natural environment. The park superintendent to develop a program to maintain the reserve at a reasonable standard

Soil and Drainage

To maintain a surface runoff system compatible with the bushland

Use natural drainage lines, pipelines, dish drains, grass drains

The reserve is to maintain its natural environment

 

 

Control runoff from adjacent development

Annual inspections

 

 

Control runoff from road drainage

No evidence of siltation or water borne rubbish

 

 

Prevent and control erosion

Annual inspection

 

 

Keep gullies free of debris

Annual inspection

Fencing

Protect areas from damage by vehicles, pedestrians and intrusion

Identification of fencing locations to ensure vehicles are kept out of the reserve

Annual inspection

Parking

Restrict parking to defined areas

Identify the need for parking to ensure vehicles are kept out of the reserve

Annual inspection

Signs

Identify as public land

Erect signs at access points

Install signage in 2012

Utilities

To allow the installation of utility services

Permit the construction of underground pipelines for stormwater, sewerage and water supply

Plans and completed works to be approved by the Manager responsible for Recreation

 

 

Permit surface drainage of stormwater

 

 

 

Permit overhead or underground electricity supply

 


Ordinary Council Meeting - 31 July 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

 


Ordinary Council Meeting                                                                                                     31 July 2014

Assistant General Manager Corporate Services Report

ITEM 10.1    SF251              310714         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

31/07/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

06/08/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

14/08/2014

Council Chambers

5.30 PM

Access Committee

26/08/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

28/08/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

03/09/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Economic Directions C’tee

09/06/2014

Council Chambers

11.30 AM

Ordinary Council Meeting

11/09/2014

Council Chambers

5.30 PM

Access Committee

23/09/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

25/09/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

01/10/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

16/10/2014

Council Chambers

5.30 PM

Access Committee

28/10/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

30/10/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

05/11/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

13/11/2014

Council Chambers

5.30 PM

Access Committee

25/11/2014

Council Chambers

2.00 PM

Ordinary Council Meeting

27/11/2014

Council Chambers

5.30 PM

Water Supply Steering Committee

03/12/2014

Bowraville site

Leave Council Chambers at 10.15 am

10.45 AM

Ordinary Council Meeting

11/12/2014

Council Chambers

5.30 PM

 

Note:   Departure times to off-site meetings have been added.

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

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     31 July 2014

Assistant General Manager Corporate Services Report

ITEM 10.2    SF341              310714         Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 21 July 2014

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Valla Beach Community Association Committee of Management and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 21 July 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Urban and Hall Committee of Management was held on Monday 21 July 2014.

 

The Committee of Management for 2014/2015 comprises:

 

          President                        John Windmill

          Vice President                 Graham Jones

          Secretary                        Melvyn Best

          Treasurer                         Pete Rundle

          Committee Members       Tracy Suter, Chris Vincent, Bernie Reid

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

There are no economic implications.

 


Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

20943/2014 - AGM 21 July 2014 - Minutes

 

  


Ordinary Council Meeting - 31 July 2014

Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 21 July 2014

 

MINUTES OF ANNUAL GENERAL MEETING OF THE VALLA BEACH COMMUNITY ASSOCIATION

HELD ON MONDAY 21ST JULY 2014

AT THE VALLA BEACH COMMUNITY CENTRE COMMENCING AT 1905 HOURS

1. Welcome

President John Windmill – Welcomed from Nambucca Shire Council Mayor Rhonda Hoban and GM Michael Coulter 
And residents of the Valla Area – 40 signatures on the attendance sheet

2. Apologies

C&B Andersen, Cr Kim MacDonald, Cr Anne Smyth, Cr Paula Flack, Monica Rundle ,      Georgette Allan, T&G Suter

3. Minutes of previous meeting

The minutes of previous AGM dated 18th November 2013 were read

Moved   Pete Rundle seconded Graham Jones that the minutes be received

4.   President’s Report

John Windmill  read out his President’s Report 2014 attached

5. Treasurer’s Report

The Treasurer to present the Income & Expenditure Report for the prior 12 months and will present a verbal report in relation to our financial position.

Moved Pete Rundle seconded Melvyn Best that the report be received.

6. Valla Beach      Preschool Report

 Cath Tait presented a report on the Pre-school’s activities for 2014/15 - attached

7. Election of Officers

 

All Positions were declared Vacant

NSC Mayor Rhonda Hoban took chair as returning officer with following results

President: John Windmill  nominated by P. Rundle and seconded by M .Best


Vice President: Graham Jones nominated by J. Windmill and seconded by B Reid


Secretary: Melvyn Best nominated by J.Boswell and seconded by J.Windmill


Treasurer  Pete Rundle   nominated by  M.Best  and seconded by J.Windmill

 

Committee Members

1.   Tracey Suter     nominated by P. Rundle and seconded by J.Windmill

2.   Bernie Reid     nominated by  M. Best and seconded by P. Rundle

3.   Chris Vincent  nominated by J. Windmill and seconded by M.Best

4.   Person can be co-opted if required moved J. Boswell seconded J.Windmill

The Market and Carol sub committees agreed to stand again.

The Returning officer after asking for any other nominations declared all positions filled and congratulated the new committee and handed the proceedings to the new President, who thanked Mayor Hoban for overseeing the election of the new committee’s and thanked the Mayor and General Manager for their cooperation and
help with the VBCA projects over the last 12 months.

8. Next AGM

Monday 17th July 2015 commencing 1900 hours in the Community Hall.

9. Meeting closed

At 1932 hours - To be followed by the July 2014 General Meeting

 

 

VBCA PRESIDENT’S REPORT FOR 2013 TO 2014

 

CAROLS IN THE PARK

 

‘Carols in the Park’ continues to be a great success. I would like to thank the Carols committee for all of the work they do to make this happen with special thanks to Daphne and Graham Jones. This years ‘Çarols in the Park’ will be on Friday the 12 December.

 

VBCA MARKET

 

The markets have continued to be very well received by the community and during the last twelve months we had the highest number of stallholders (85) attending since the markets began. We have added further attractions such as cooking demonstrations, Tao Kwon Do Demonstrations and even a circus troupe from Macksville Public School. I would like to thank all of the market committee and the executive committee for their efforts in making our market one of the best, no, the best in the Nambucca Valley. With a special thank you to Tracey Suter for all the grants she has obtained for us. Without this help we would not have been able to finance many of our projects.

 

VBCA HALL

 

Dianne Golby has taken over managing the hall bookings from Cathy Niezgoda. A big thank you to Dianne for that and to Val Brown who stepped in when Dianne was away thank you Val.

 

GARDENS

 

The entrance to Valla Beach has gardens that have been upgraded and look very good now everything has settled down and growing.

My thanks to Carole Anderson and her team for a great job.

 

VALLA BEACH TENNIS CLUB

 

VBCA gave a donation to the tennis club to assist in the necessary replacement of the worn Astro turf surface.

 

BEACH ACCESS

 

The council have provided a beach access walkway at South Valla Beach with steps down to the water at each end of the timber bridge so that people can now easily get to the water to swim or fish in deep creek. Many locals have said how thankful they are for this improvement. Another access walkway was provided at Middle Valla Beach and a shower was installed at the entrance to Robert Lowden Park.

 

CRICKET NETS

 

The VBCA with a lot of help from council have installed two cricket practice nets at Anderson Park. These nets were asked for by young local cricket players who previously had to travel to Nambucca to practice. The nets were used just about every day during the season since they were installed.

 

LOCAL ROADS

 

The council has repaired many damaged road surfaces in Valla Beach in the past twelve months and Council have recently installed a pathway on Valla Beach road and a traffic calming device to allow children to cross safely to the school bus stop.

 

STATIC EXERCISE EQUIPMENT

 

The Static Exercise Equipment was installed recently next to the childrens playground in Kuta Avenue. 

 

I should like to thank the council for all the help they have given to The VBCA in the last 12 months to enable the above projects to be completed. With a special thank you to Michael Couter for listening to Mel and I on many occasions throughout the year.

 

I should like to take this opportunity to thank Mel Best my Secretary without whom the VBCA would come to a grinding halt and to Pete Rundle my Treasurer who balances our books with great precision and is also our Web Coordinator.

Thank you

John Windmill

22nd July 2014

 

 

General Manager

Nambucca Shire Council

PO Box 177

Macksville  NSW  2447

 

 

Dear Mr Coulter

 

ANNUAL GENERAL MEETING –   NEW COMMITTEE for VBCA 2014/5

 

We held our Annual General Meeting on Monday 21st July 2014, for which I have enclosed the minutes, The newly elected executive members of our committee are:-

 

President :        John Windmill 1 Kuta Avenue VB ph 6569 6886 john.windmill@bigpond.com.au

 

Vice President: Graham Jones, 21 Henderson St, VB ph 6569 5380 grahamanddaphne@aapt.net.au

 

Secretary :        Melvyn Best, 40 Max Graham Drive, VB ph 6569 6736  mgpabest@bigpond.net.au

 

Treasurer :         Pete Rundle 50 Broughams Rd Valla  ph 65696611  pete.rundle@activ8.net.au

 

Committee Members (3)

 

Tracey Suter           242 Sullivans Rd Valla ph 6569 5410 traceysuter@bigpond.com

 

Bernice  Reid          11 Henderson St VB    ph 6569  5499  berbob@hotmail.com


Christine Vincent    90 Ocean View Drive VB ph 6569 5690
chris@vallarealestate.com.au

 

Yours Faithfully

 

Melvyn Best

 

Melvyn Best

Secretary

 

Encl.

Minutes AGM – Presidents report, Financial report, Preschool report.

 

 

 

 


 

 

VALLA BEACH COMMUNITY ASSN. (VBCA)

TREASURER’S REPORT FOR THE FINANCIAL YEAR 1ST JULY 2013 TO 30TH JUNE 2014

 

The VBCA continued the trend of past years with another busy and productive year. The following comments highlight various aspects of the year-end financial statement, attached. Note that these figures are all inclusive of GST.

 

Our small Section 355 committee of local government had income of almost $14,800 and spent almost $15,100 as at June 30. Despite the apparent shortfall we have actually solidified our financial position as we have simply been spending money on community facilities using funds from a previous year’s grant in addition to revenue largely raised at our very successful markets.

 

The report indicates that we received approx. $2900 income from management of the Valla Beach Community Hall. Whilst this appears less than that in the previous year this is as we did not receive any donations during this financial year. We attributed $6600 expenditure to the “hall” but this is effectively the community and is represented by a donation of $2500 to the Valla Beach Tennis Club, $2400 towards the provision of the cricket practice nets, $535 towards maintenance of the gardens and lawn areas, $360 for hall cleaning and $130 for a PA system.

 

Two thirds of our income comes from our bi-monthly markets and community grants. Income from the six markets was almost $9,7500 which includes stall fees, raffles, advertising in Valla Views, and donations from the Lion’s van. That’s an average of over $1600 for each market. The main market expenditure is the provision of entertainment and trailer registration. Even so the average profit at each market is over $1000.

 

We have not received any grants this year. Our community grant status is as follows:

 

1.         Community Drug Action Team (CDAT). During the year we acquitted the more of the grant/s from 2011/12 in staging the Carols event in December and payment for our market’s insurance.

 

2.         We have been advised that we have been awarded another CDAT grant for the coming year.

 

Due to falling interest rates, and less community grant success, our interest earnings were just $578.

As noted above, we spent $15,100 where the largest items were $2500 as a donation to the Tennis Club, $2400 towards the installation of the cricket practice nets and $1500 for staging the successful Community Carols in December. We are also contributing up to $4000 towards the provision of the recently installed exercise equipment at Anderson Park but were awaiting the invoice at 30 June.

 

The total expenditure includes $2032 for electricity where the actual cost to the VBCA was $476 with the balance ($1556) reported as income as this was contributions from the Valla Pre-school. Other expenditure included trailer registration and installing a mezzanine floor in the shed for storage of equipment as a first stage towards us being able to consider hiring the trailer to other community organisations.

 

Plans for this coming year include shade cover for the playground and extending the Astroturf for the cricket practice nets.

 

 

 

 

 

Pete Rundle

Treasurer,

Valla Beach Community Assn.

Tuesday, 19 July 2014


 

Financial Statement Financial year from 01 July 2013 to 30 June 2014

 

INCOME AND EXPENDITURE

 

Income

Expenditure

Excess

Hall and gardens

2913.10

6614.09

-3700.99

Electricity

1556.42

2032.45

-476.03

Markets

9751.12

3358.05

6393.07

CDAT Grants

0.00

3111.48

-3111.48

Other Grant

0.00

0.00

0.00

Bank interest

578.08

0.00

578.08

Total

14798.72

15116.07

-317.35

NB. Above items include GST

GST Summary

GST due Jly-2013 to Jun-2014

471.72

Less GST paid

0.00

GST due 30-Jun-2013

471.72

 

 


 

BANK RECONCILIATION

 

Bank Accounts

BCU S20

BCU Term Dep

Share A/c

Total

Balances, 1-July-2013

Hall a/c

3731.97

16500.00

150.00

                                   CDAT a/c   4850.35

 

Sub-total

8582.32

                     16500.00

                      150.00

Accounts Due/Unpresented

GST due for 2012/13

  456.29

Hall a/c

      0.00

CDAT a/c

      0.00

Sub-total

456.29

                                      0.00                            0.00

 

 

 

 

 

 

True balance

8126.03

16500.00

150.00

24776.03

Income for year                            14798.72

      0.00

 

less Expenditure for year             15116.07

      0.00

 

Excess (including GST)

-317.35

      0.00                        0.00

0.00

 

Sub-total

7808.68

                             16500.00                         150.00

 

 

 

 

 

Transfers

2500.00      10308.68

-2500.00               14000.00

150. 00

 

Plus unpresented cheques                0.00

 

 

 

 

 

Act. Balances, 30-Jun-2014

10308.68

14000.00

150.00

24458.68

Hall a/c

  8569.81

CDAT a/c

  1738.87

Sub-total

10308.68

Less GST due

    471.72

Other adjustments

        0.00        471.72

 

True balance

9836.96

14000.00

150.00

23986.96

 

 

 

 

 

TREASURER'S REPORT

Please see attached document.

 

John Windmill

Pete Rundle

President

Treasurer

21 July 2014

21 July 2014

 

 


Ordinary Council Meeting                                                                                                     31 July 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1031            310714         New Draft Policy - Local Approvals Policy

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

A new draft policy titled Local Approvals Policy has been prepared as a result of a review of Council’s procedures for various activities and events on Council land. 

 

This will enable event operators to determine what activities require Council approval, regulation and/or coordination and those activities that can function effectively without Council involvement.

 

 

Recommendation:

 

1        That Council place the draft policy Local Approvals Policy” on public exhibition for a period of 28 days for public comment with a view to adopting the policy once any comment has been considered and once Part 1 has been approved by the Director-General.

 

2        That Council forward the draft policy “Local Approvals Policy” to the Macksville & District Chamber of Commerce & Industry; the Nambucca Heads Chamber of Commerce & Industry; Bowraville & District Chamber of Commerce & Industry and the Nambucca Valley Tourism Association Incorporated for their comment.

 

 

OPTIONS:

 

There was one comment received from Councillors on this new draft policy agreeing with it therefore no other options have been considered other than to place the document on public exhibition.

 

 

DISCUSSION:

 

The attached draft policy titled Local Approvals Policy has been prepared as a result of a Council resolution emanating from a request to install a school information sign on a road reserve, details as follows:

 

“That Council develop a policy in relation to the erection of signs on public land.”

 

This draft Policy, once adopted will:

 

a)       Enable event operators to determine which activities require approval by Council and those that will not require Council approval, providing all appropriate guidelines are complied with by the operator.

b)       Replace the Local Approval Policy – Stormwater drainage from buildings, structures and disposal of waste water from swimming and spa pools on large rural properties in excess of 20 ha in area; (TRIM 21086/2011)

c)       Replace the Local Approval Policy – Use of Road Reserves and Public Land for A-Frame Signs, Outdoor Dining Areas, Trading Tables, Street Vending and Other Structures by Commercial Premises, and Community and Charitable Organisations (TRIM 11466/2009).

 

Section 158 of the Local Government Act 1993 (the Act) specifies that a draft Local Approvals Policy is to consist of three parts. Part 1 is to specify the circumstances (if any) in which (if the policy were to be adopted) a person would be exempt from the necessity to obtain a particular approval of the council. Part 2 is to specify the criteria (if any) which (if the policy were to be adopted) the council must take into consideration in determining whether to give or refuse an approval of a particular kind. Part 3 is to specify other matters relating to approvals.

 

Previous local approvals policies adopted by Council have not been prepared in this way. Section 163 of the Act says that a local policy which is inconsistent with the Act or regulations is void. Accordingly, previous policies adopted by Council have been incorporated into this draft Local Approvals Policy so that Council will have one overarching Local Approvals Policy which is consistent with the Act and regulations.

 

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

 

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

 

If Council adopts the above recommendation, the draft policy will be exhibited in accordance with the Act, that is, it will be placed on public exhibition for 28 days with a period of 42 days after the date on which it is placed on public exhibition during which submissions may be made to Council.

 

In accordance with Council’s direction for Councillors to be provided with the proposed policy prior to consideration by Council, this new draft policy was forwarded to all Councillors on the 25 June 2014 requesting comments on or before 4.00pm Thursday 17 July 2014.

 

One comment has been received, agreeing with the Draft Policy, therefore the attached draft policy is ready to be placed on public exhibition.

 

During the process of formulating this draft policy, it has been determined that the document titled “Local Approvals Policy – Keeping of Animals” has been incorrectly titled and would be more correctly titled “Local Orders Policy – Keeping of Animals”. Council staff will review both the title and the content of this policy to ensure it complies with the requirements of the Local Government Act and regulations with regards to Local Orders policies. This will be the subject of a further report to Council at a later date.

 

 

CONSULTATION:

 

Councillors

Assistant General Manager Engineering Services

Technical Officer Planner

Management Development and Environment

Manager Community Development

Business Services Coordinator

Senior Health and Building Surveyor

Safety and Risk Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

This policy promotes consistency in decision making by providing guidance to Council officers and applicants.

 

Environment

 

The policy aims to affect a level of control that will enable activities to be carried out on Council and privately owned land with the appropriate level of regulation to ensure that the environmental qualities of the Shire are not negatively impacted.

 

Social

 

The new policy identifies the responsibilities of various stakeholders in protecting amenity and safety of the neighbourhood at a local level and also promotes consistency in the decision making process, by providing guidance to Council officers.

 

Economic

 

The new policy clearly sets out Council’s requirements for dealing with applications for events and activities on public land managed by Council, including commercial activities. This will enable appropriate commercial activities to be undertaken on public land.

 

Risk

 

The new policy will reduce Council’s risk with regard to maintaining its ability to maintain and control events and activities on public land under its control.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1

16819/2014 - DRAFT - Local Approvals Policy 2014

 

  


Ordinary Council Meeting - 31 July 2014

New Draft Policy - Local Approvals Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT LOCAL APPROVALS POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 


 


1.0       Policy objective

 

The purpose of a Local Approvals Policy is to provide exemptions from the need for approval and outline the criteria for those activities where approval is required.

 

The document is in three parts:

 

Part 1: Exemptions - outlines the circumstances in which a person is not required to obtain a particular approval. Section A covers exemptions provided for under State Government Legislation.  Section B outlines local exemptions applicable only to this Council.

 

Part 2: Criteria - is the criteria which must be considered by Council when determining whether or not to grant approval to a particular activity.  Section A covers criteria provided for under State Government Legislation.  Section B outlines local criteria applicable only to this Council.

 

Part 3: Other matters - includes information on the processing of an application and other relevant matters.

 

The exemptions outlined in this document are given in the belief that those activities can function effectively without Council involvement provided that all appropriate guidelines are complied with by the operator. There are, however, other activities that require some degree of regulating and/or co-ordination. In these cases an application and approval is required.

 

In some cases consent may be required under the Local Government Act and the Roads Act.  Where both Acts apply, a single approval will be issued.

 

 

2.0       Related Legislation

 

2.1       Section 68 Local Government Act

 

Part A - Structures or places of entertainment

 

1        Install a manufactured home, moveable dwelling or associated structure on land.

 


 

Part B - Water supply, sewerage & stormwater drainage work

 

1        Carry out water supply work

2        Draw water from a council water supply or a standpipe or sell water so drawn

3        Install, alter, disconnect or remove a meter connected to a service pipe

4        Carry out sewerage work

5        Carry out stormwater drainage work

6        Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer.

 

Part C - Management of waste

 

1        For fee or reward, transport waste over or under a public place

2        Place waste in a public place

3        Place a waste storage container in a public place

4        Dispose of waste into a sewer of the council

5        Install, construct or alter a waste treatment device or a human waste storage facility or a drain connected to any such device or facility

6        Operate a system of sewage management (within the meaning of s.68A).

 

Part D - Community land

 

1        Engage in a trade or business

2        Direct or procure a theatrical, musical or other entertainment for the public

3        Construct a temporary enclosure for the purpose of entertainment

4        For fee or reward, play a musical instrument or sing

5        Set up, operate or use a loudspeaker or sound amplifying device

6        Deliver a public address or hold a religious service or public meeting.

 

Part E - Public roads

 

1        Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway

2        Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.

 

Part F - Other activities

 

1        Operate a public car park

2        Operate a caravan park or camping ground

3        Operate a manufactured home estate

4        Install a domestic oil or solid fuel heating appliance, other than a portable appliance

5        Install or operate amusement devices

6        Use a standing vehicle or any article for the purpose of selling any article in a public place

7        Carry out an activity prescribed by the regulations or an activity of a class or description prescribed by the regulations.

 


 

Exempt works and activities

 

There are already some works and activities that you can do without the need to apply for approval provided that they meet certain criteria and standards. These works and activities are listed in a wide range of documents and include:

 

2.2       Environmental Planning & Assessment Act

 

Ø   The Environmental Planning & Assessment Act calls up various exemptions. These include:

Ø   State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 for building works and other activities on private land such as landscaping;

Ø   State Environmental Planning Policy (Infrastructure) for works undertaken by public authorities such as the construction of school rooms through to the installation of street furniture, playground equipment, etc.;

Ø   State Environmental Planning Policy (Miscellaneous Consent Provisions) for the erection of tents and marquees on private land or for community events; and

Ø   Council’s Local Environmental Plan which provides exemptions for specified activities within certain zones that can be carried out without development consent such as farm dams, signage and tennis courts.

 

2.3       Local Government Act

 

The Local Government (General) Regulation and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation also specifies works or activities that are exempt.

 

This policy forms part of the exemptions under the Local Government Act. It lists further works and activities that may under certain circumstances be carried out without requiring the approval of Council.

 

The policy applies to activities and works in the Nambucca Shire. It does not apply to national park areas which are subject to separate legislation and are under the jurisdiction of the National Parks and Wildlife Service.

 

NOTE

Reference made to any Act, Regulation, planning instrument, standard or other document, or any authority, agency or the like, shall be taken to be a reference to any subsequent or replacement document or authority.

Where there is an inconsistency between the Act or the Regulations and the Local Approvals Policy, the Act or the Regulations will prevail.

 

3.0       Definitions

 

Please refer to the Local Government Act for any definition.

 


 

4.0       Policy statement

 

The general aims of the policy are:

 

Ø   To provide an integrated framework for dealing with applications for approval with clear guidelines.

Ø   To apply common and consistent requirements and procedures for the relevant types of approvals.

Ø   To ensure consistency and fairness in the manner in which the Council deals with applications for approval.

Ø   To make the Council’s policies and requirements for approvals readily accessible and understandable to the community.

 

5.0       History

 

This Local Approvals Policy was created following a review of Nambucca Shire Council’s procedures when handling a variety of activities which require approval under Section 68 of the Local Government Act. A small number of specified activities are currently subject to Local Approvals Policies in Nambucca Shire eg footway dining.

 

For the sake of consistency and to provide certainty to both Council and the community it has been decided to develop one Local Approvals Policy covering a larger number of activities regularly conducted in the Shire.

 

This policy will be regularly reviewed and updated as appropriate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department:

Development and Environment Section

Last Reviewed

Resolution Number

Author:

Lisa Hall and LAP Review Panel

 

 

Document No.

16819/2014

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 

 

 

In accordance with s.165 of the Local Government Act, this Local Approvals Policy is

automatically revoked 12 months after the declaration of the poll for a general election of the Council.

 

 

 


Ordinary Council Meeting - 31 July 2014

New Draft Policy - Local Approvals Policy

 

 

The Local Government (General) Regulation and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation lists some activities that are exempt from the need for approval.

 

The Regulations specify conditions applicable to exemptions and reference should be made to the relevant provisions before proceeding with the proposed activity.

An outline of the legislative exemptions is below.

 

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

 

Conditional Exemptions

 

Clause 74            Installation of moveable dwellings and associated structures in caravan parks and camping grounds, provided the structure is designed, constructed and installed with the relevant provisions of the Regulations, the site is not liable to flooding and the installation occurs with the consent of the holder of the approval to operate the caravan park or camping ground concerned.

Clause 77(a)        Installation of not more than 2 caravans, campervans or tents on any land, so long as they are not occupied for more than 2 days at a time and are not occupied for more than 60 days (in total) in any single period of 12 months.

Clause 77(b)        Installation of not more than one caravan or campervan on land occupied by the owner of the caravan or campervan in connection with that owner’s dwelling-house, so long as it is used for habitation only by the owner or by members of the owner’s household and is maintained in a safe and healthy condition.

Clause 77(c)        Installation of a caravan or campervan on pastoral or agricultural land, so long as it is merely occupied seasonally by persons employed in pastoral or agricultural operations on the land.

 

Local Government (General) Regulation 2005

 

Exemptions – Transport waste (C1 activity)

 

Clause 48(a)          The transporting of waste over or under a public place for fee or reward if:

•      The activity is licensed under the Protection of the Environment Operations Act 1997, or

•     The activity is being carried out in the Sydney metropolitan area as defined in Part 3 of Schedule 1 of the Act, or

•     The waste is being transported through the area of the Council and is not being collected or deposited in that area.

 

Exemptions – Place waste in a public place (C2 activity)

 

Clause 48(b)     The placing of waste in a public place, if done in accordance with arrangements instituted by the Council. Refer to criteria outlined in Part 1: Local exemptions.

 

Exemptions – Install, construct or alter a waste treatment device (C5 activity)

 

Clause 48(e)      The installation, construction or alteration of a waste treatment device, if that installation, construction or alteration is done:

•     under the authority of a licence in force under the Protection of the Environment Operations Act 1997,

•     in a vessel used for navigation,

•     in a motor vehicle registered under the Road Transport (Vehicle Registration) Act 1997 that is used primarily for road transport.

Exemptions – Grey water diversion device (Subdivision 6) [Note: not permitted on unsewered properties]

 

Clause 75A

Installation and operation of a system for diverting greywater generated on residential premises to a garden or lawn on those premises, but does not include the manual collection (single dwelling) and re-use of greywater. Domestic greywater diversion may be carried out without the prior approval of the council if:

(a) it is carried out in accordance with the Plumbing and Drainage Code of Practice, and

(b) a sewage management facility is not installed on the premises concerned, and

(c) the following performance standards are achieved:

(i)           the prevention of the spread of disease by micro-organisms,

(ii)          the prevention of the spread of foul odours,

(iii)          the prevention of contamination of water,

(iv)         the prevention of degradation of soil and vegetation,

(v)          the discouragement of insects and vermin,

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

(vii)  the minimisation of any adverse impacts on the amenity of the premises concerned and surrounding lands.

Note: Greywater means waste water from washing machines, laundry tubs, showers, hand basins and baths, but does not include waste water from a kitchen, toilet, urinal or bidet.

 

Exemptions – Operate a system of sewage management (C6 activity)

 

Clause 48(f)

So much of the operation of a system of sewage management as is limited to an action carried out:

• under the authority of a licence in force under the Protection of the Environment Operations Act 1997,

• in a vessel used for navigation,

• in a motor vehicle registered under the Road Transport (Vehicle Registration) Act 1997 that is used primarily for road transport.

Clause 47

Despite the other provisions of this Regulation, a person who purchases (or otherwise acquires) land on which any sewage management facilities are installed or constructed may operate a system of sewage management without the approval required under s.68 of the Act for the period of 3 months after the date on which the land is transferred or otherwise conveyed to the person (whether or not an approval is in force, as at that date, in relation to the operation of a system of sewage management on that land).

Further, if the person duly applies, within the period of 2 months after the date on which the land is transferred or otherwise conveyed to the person, for approval to operate the system of sewage management concerned, the person may continue to operate that system of sewage management without approval until the application is finally determined.

 


 

 

Exemptions – Use of a loudspeaker or amplifying device on community land (D5 activity)

 

Clause 49

A loudspeaker or sound amplifying device may be set up, operated or used on community land without the prior approval of the council if it is done in accordance with a notice erected on the land by the council or if it is done in the circumstances specified, in relation to the setting up, operation or use (as the case may be), in Part 1 of the local approvals policy applying to the land. Refer to criteria outlined in Part 1: Local exemptions.

PART 1 - Exemptions - Local Approvals Policy

Exemptions – Domestic oil or solid fuel heating appliance (F4 activity)

Clause 70

A domestic oil or solid fuel heating appliance (other than a portable appliance) may be installed without the prior approval of the council if details of the appliance are included in plans and specifications for the relevant building approved under Part 4A of the Environmental Planning and Assessment Act 1979.

 

Exemptions – Operation of a public car park (F1 activity)

Clause 66

A public car park may be operated without the prior approval of the council if approval for its erection or operation has already been given by the council in connection with another approval or development consent and the car park complies with any applicable conditions of that approval or development consent.

 

Exemptions – Amusement devices (F5 activity)

Clause 71

Amusement devices not required to be registered under the Work Health and Safety Regulation may be installed or operated without the prior approval of the council.

Clause 75

A small amusement device may be installed or operated without the prior approval of the council if:

• the ground or other surface on which the device is to be or has been erected is sufficiently firm to sustain the device while it is in operation and is not dangerous because of its slope or irregularity or for any other reason,

• the device is registered under the Work Health and Safety Regulation,

• the device is erected and operated in accordance with all conditions relating to its erection or operation set out in the current certificate of registration issued for the device under those Regulations,

• there exists for the device a current log book within the meaning of those Regulations,

• in the case of a device that is to be or is installed in a building, fire egress is not obstructed,

• there is in force a contract of insurance or indemnity for the device that complies with clause 74 (see below).

In the Regulation, small amusement device means an amusement device that is designed primarily for the use of children 12 years of age or under (includes such amusement devices as mini-Ferris wheels, battery operated cars and miniature railways but, in the case of rotating amusement devices, includes only those devices that have a maximum rotation of 14 revolutions per minute).

Clause 74

It is a condition of an approval to install or operate an amusement device that there must be in force a contract of insurance or indemnity that indemnifies to an unlimited extent (or up to an amount of not less than $10,000,000 in respect of each accident) each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability.

PART 1 - Exemptions - Local Approvals Policy


Ordinary Council Meeting - 31 July 2014

New Draft Policy - Local Approvals Policy

 

In addition to the exemptions available under the Local Government Regulations and by virtue of this Local Approvals Policy, the following activities under s.68 of the Local Government Act are exempt from the need to obtain a particular approval of the Council in the circumstances specified below.

 

s.68 Part B - Water supply, sewerage & stormwater

Stormwater work

(s.68 Item B5 )

Stormwater work is exempt from the need for approval provided that it complies with the following criteria:

Criteria - General

Ø Only for work on a single lot associated with a single residential dwelling.

Ø For the repair or replacement of existing stormwater drainage lines including guttering and downpipes.

Ø Drainage lines must be connected to the street gutter, an approved inter allotment drainage system, an absorption trench (depending on the fall of the land) or an approved stormwater collection and disposal system.

Ø Absorption trenches (where used) shall be a minimum of 600mm wide x 600mm deep x 4 metres long and provided at the rate of one trench for each downpipe. Trenches shall be located at least 4 metres from any building and property boundary.

Ø The land surrounding any structure must be graded to divert surface water to the street or other stormwater disposal system, and clear of existing and proposed structures and adjoining premises.

Ø No construction is permitted over a drainage channel or drainage depression.

Ø Drainage work is to comply with AS/NZS 3500.3 - Stormwater Drainage.

 

Criteria –

Roof water and rain water tank overflows on large rural properties in excess of 20ha in area

Ø Buildings/structures are to be located a minimum of 5m clear of any property boundary or right-of-carriageway.

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

Ø All dispersion points of drainage water to the ground are to be protected against damage from mowers and other plant and equipment and provided with protection to prevent erosion to natural drainage lines.

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

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

Ø Complying Development and Construction Certificate drainage plans assessment and compliance are to be undertaken by the Principal Certifying Authority.

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

Ø Prior to issuing an Occupation Certificate a works as executed plan of all drainage lines and associated works is to be submitted to the Principal Certifying Authority.

Ø Where buildings are to be constructed as exempt development, the stormwater drainage design and installation are to be undertaken by the principal contractor or the property owner to ensure compliance with the criteria above.

Criteria –

Backwash waste water and water from swimming pools on large rural properties in excess of 20ha in area

Ø Pools and spas are to be located a minimum of 5m clear of any property boundary or right of carriageway.

Ø Water containing chemicals is not to be discharged to surface drainage lines that will permit flows into natural waterways.

Ø Pool water must be treated to neutralise any chemical content prior to discharge into natural waterways.

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

Ø All regular backwash water is to be disposed of to a trench with a suitable filter bag or device on the entry to the trench.

Ø Surface drainage water from around pool areas is to be disposed of to subsurface trenches on site and not disposed of above ground.

Advice

­  Any variation to the above will require Council consent.

­  Separate S138 approval is required for any works within the road reserve (such as opening the road for utility services).

s.68 Part C - Waste


Domestic / Commercial Waste

(s.68 Item C2 & C3)

 

In accordance with the exemption given in Clause 48(b) of the Local Government Regulations, the placement of domestic/commercial waste storage containers in a public place is exempt from the need for approval provided that they comply with the following criteria:

Criteria

Mixed Waste/Recycling/Organics:

Ø Domestic / commercial waste must be contained in the Council’s waste storage containers and only placed in a public place for the purposes of collection by the Council or agents acting on their behalf.

Ø Uncontained waste for example plastics bags and loose cardboard boxes are not permitted to be placed next to or on top of containers in a public place.

Ø Waste storage containers should be put out for collection the night before the scheduled collection and must be removed from the public place as soon as possible on the day of collection and stored on private property.

Ø Waste storage containers must be placed immediately in front of the property and/or located at an approved service pick up point.

Ø Lids of waste storage containers must remain closed, and the container surrounds be kept tidy at all times.

Ø The resident is responsible for the cleanliness of their waste storage containers. They must be: free of stains, odours and debris; and in full working order with no cracks, missing wheels, lids or pins (Bin repairs should be reported to the Collection contractor).

 

Bulky Goods Collections:

Ø Only general household items booked or scheduled for a clean-up with the Council can be placed in a public place two days before the collection is scheduled to take place as specified or directed by the Council.

Ø General household items must be stored on the nature strip in a neat pile, not exceeding 2 cubic metres. The items must not block any road or footway and must not endanger pedestrian or vehicle traffic or the environment.

Ø Items must be capable of being lifted by 2 people.

Ø Loose items must be bagged or bundled together to prevent littering and hazards.

Ø Bulky waste must be placed immediately in front of the resident’s property and kept clear of paths and driveways.

Ø Rejected general household items must be removed promptly by the resident.

Ø Doors to refrigerators, freezers or the like are to be removed to prevent entrapment of children.

 

­  Any variation to the above will require Council consent.

­  Reference should be made to the guides on waste management which detail types of materials collected. This Information is available on www.nambucca.nsw.gov.au

Bulk Bins/Skips

(s.68 Item C3)

 

In accordance with the exemption given in Clause 48(b) of the Local Government Act, the placement of a bulk bins/skip bin containers in a public place is exempt from the need for approval provided that it complies with the following criteria:

Criteria

Ø Associated with residential and commercial dwelling development.

Ø Can only be located on the road reserve where constraints are such that the container cannot be kept within the property boundary of the site.

Ø Not on a classified road (Pacific Highway).

Ø Maximum container size of 2.5 cubic metres.

Ø Must be placed immediately adjacent to the premises. If the bin is placed beyond the user’s property, prior consent is required from the adjacent owner.

Ø Must be located so as to not disturb traffic flow, impede or endanger pedestrian movement, restrict driver sight lines or vehicle access or impede public utility access or drainage pits.

Ø Must be in place for a period no more than 5 days and not more than 3 occasions in any one year.

Ø Must not be used for putrescible waste, dangerous or hazardous waste.

Ø Must be secured to prevent waste being dislodged by wind and other forces including animals.

Ø Bulk bins must be: light in colour; have reflectors or warning lights on outer corners and covered outside working hours and during transport; bear legibly the name, address and all hours’ phone number of the owner/supplier.

Ø All requirements of the Work Health and Safety Act, as administered by WorkCover NSW must be met.

 

­  Any variation to the above will require Council consent.

­  This section does not apply to shipping containers. Shipping containers require approval.

­  Council reserves the right to order the removal of any waste container, if such container, or the activity associated with it in the opinion of Council, causes a nuisance.

­  Specific arrangements are required for the removal and disposal of asbestos. Refer to www.nambucca.nsw.gov.au

 

s.68 Part D - Community land

Street stalls for political purposes

(s.68 Item D1)

Street stalls for political purposes are exempt from the need for approval provided that they comply with the following criteria:

 

Criteria

Ø Written permission from the local Chamber of Commerce required.

Ø Not within 5 metres of a bus stop, pedestrian crossing, taxi stand or intersection.

Ø Only one table 2 metres x 1 metre to be used.

Ø No more than three representatives to be in attendance at any one time.

Ø No fund raising activities are to be carried out.

Ø If located outside any shop must have the permission of the shop owner.

Ø No public address system or the like nor cause offensive noise.

Ø The organisation conducting the stall must display a sign on the stall, not on the footpath, indicating its name. No other signage will be permitted.

Ø A minimum 1800mm (except River Street, where the minimum is 1200mm) wide unobstructed section of footpath is to be maintained at all times.

Ø In some instances this distance may be reduced where the applicant can demonstrate that there is an accessible path of travel and that there will be no increased impact on pedestrian access when the stall is in place.

Advice

­  Any variation to the above will require Council consent.

­  For details on political signage refer to State Environmental Planning Policy No.64: Advertising and Signage. Political signs for election campaigns are regulated under the Parliamentary Electorate and Elections Act 1912.

Street stalls for the sale of goods or service by non-profit community groups

Street stalls for the sale of goods or service by non-profit community groups are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

Ø Written permission of the Local Chamber of Commerce required.

Ø Limited to no more than 2 street stalls on any one day in the same township.

Ø Limited to no more than one stall per month in any township per community group.

Ø The name of the organisation must be prominently displayed on the stall, not on the footpath. No other signage is permitted.

Ø The stall must be “manned” at all times.

Ø Must have the consent of the business or organisation outside which the stall is to be situated.

Ø A minimum 1800mm (except River Street, where the minimum is 1200mm) wide unobstructed section of footpath is to be maintained at all times.

Ø In some instances this distance may be reduced where the applicant can demonstrate that there is an accessible path of travel and that there will be no increased impact on pedestrian access when the stall is in place.

Ø Must not hinder the passage of pedestrians or create a nuisance or objectionable noise.

Ø The immediate surrounding area is to be left in a clean and tidy condition and kept clear of hazards.

Ø Street stalls involving the selling of food must comply with the requirements of the NSW Food Safety Regulations.

Advice

­  An individual or group carrying out these activities should be aware that they are to exercise good risk management practices at all times so as to avoid injury or loss to others.

­  Any institution seeking to raise public funds must check to see if an authority issued by the NSW Office of Liquor, Gaming and Racing if required and obtain one if necessary.

“Crazy Day” sales

 

"Crazy Day" sales are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

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

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

Ø No signs are permitted along the front property boundary of the approved business.

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

Ø The trading table is to be located in front of the business to which it relates.

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

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

Ø The local Chamber of Commerce is responsible for the co-ordination and operation of each crazy day sale.

Ø The proprietor of the related business must hold evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M..

Other street vending relating to arts and crafts:

Other street vending relating to arts and crafts are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

 

Ø Written permission of the Local Chamber of Commerce required.

Ø Applies only to local artists and artisans with residency in the Nambucca Shire Council area.

Ø Not within 5 metres of a bus stop, pedestrian crossing, taxi stand or intersection.

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø Goods displayed must be contained and located so as not to obstruct any doorway.

Ø Where located outside a business premise must have the permission of the proprietor.

Ø All goods and/or display stands shall be secured to prevent them from being moved by wind or other forces and finished with no part protruding beyond the main body of the stand with no sharp corners or trip hazards.

Ø The area is to be maintained in a clean condition at all times. Waste generated is to be disposed of via the host premises and not into the gutter or street bins.

Ø No amplified music, loud hailers or megaphones are permitted.

Ø May involve the sale of any food items.

Ø Must not involve spruiking of goods or services.

Ø Evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

Busking or street

theatre

(s.68 Item D2 & D4)

Busking or street theatre is exempt from the need for approval provided that it complies with the following criteria:

Criteria

 

 

 

 

Ø Written permission of the Local Chamber of Commerce required.

Ø Not within 5 metres of a bus stop, pedestrian crossing, taxi stand, dwelling or intersection.

Ø Must not occur in any area adjacent to an educational establishment or place of public worship or in any park or reserve.

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø The activity must not create any nuisance or offensive noise.

Ø The performance must not involve the use of dangerous materials and implements nor include drawing or marking the footpath or affixing any matter or structure to the footpath paving.

Ø If located outside any shop must have the permission of the shop owner.

Ø Must not use a public address, sound system or amplified equipment.

Ø Performers may receive voluntary donations from the audience but may not solicit funds.

Ø Performers may only perform in the shire for a maximum of 3 hours per day.

Ø Performers are not permitted when special events are in progress (unless approval given as part of the event).

Ø Performers must not advertise goods for sale or associate themselves with such advertising in conjunction with their performance, other than recordings consisting of the performers’ own work.

Advice

­  Any variation to the above will require Council consent.

Use of loudspeaker

or sound amplifying

device

(s.68 Item D5)

In accordance with the exemption given by Clause 49 of the Local Government Act the use of a loudspeaker or sound amplifying device is exempt from the need for approval provided that it complies with the following criteria:

Criteria

Ø Only for major events such as fairs/festivals or sports events that have the approval of the Council.

Ø Must not create a nuisance or cause offensive noise.

Advice

­  Any variation to the above will require Council consent.

 

Preaching and religious

services

(s.68 Item D6)

Weddings, baptisms, naming ceremonies, preaching and religious services are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

 

 

 

 

Ø No infrastructure to be set up on Council land

Ø Not within 5 metres of a bus stop, pedestrian crossing, taxi stand or intersection.

Ø Must not occur adjacent to residential premise.

Ø Must not occur in any area adjacent to an educational establishment or place of public worship (unless permission given from the occupant).

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø The activity must not cause nuisance, offense or obstruction.

Ø If located outside any shop must have the permission of the shop owner.

Ø No public address system or the like nor cause offensive noise.

Advice

­  Any variation to the above will require Council consent.

s.68 Part E - Public Roads

Display of potted plants

(s.68 Item E2)

Potted plants are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

 

 

 

 

 

 

 

Ø Written permission from the local Chamber of Commerce required.

Ø Must not impede access to under/above ground utilities services.

Ø Plants are to be displayed for decorative purposes and not for sale.

Ø Maximum of 2 pots per premise.

Ø Must be located immediately adjacent to and extending no further than 700mm from the front of the shop or business.

Ø Pots must be at least 450mm x 450mm and securely fixed to prevent vandalism and expected wind forces.

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø Pots are to be removed from the footpath when the premises are closed.

Ø The proprietor of the related business must hold evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

Advice

­  Any variation to the above will require Council consent.

­  Consider the type of plant and the locality. Do not use thorny plants such as roses and some citrus species.

Information display

stands

(s.68 Item E2)

Informational display stands are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

 

 

 

 

Ø Limited to ‘A3’ size and only for information (eg.,booklets or menu stands).

Ø Information should not cause any litter.

Ø Must be located immediately adjacent to and extending no further than 700mm from the front of the shop or business.

Ø Must be securely fixed to prevent vandalism and expected wind forces.

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø Displays must be removed from the footpath when the premises are closed.

Ø The proprietor of the related business must hold evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

Advice

­  Any variation to the above will require Council consent.


s.68 Part F - Other activities

Street collections & information distribution

(s.68 Item F7)

Street collections (including badge/pin days) and distribution of promotional information by individuals are exempt from the need for approval provided that they comply with the following criteria:

Criteria

 

 

 

 

Ø Written permission from the local Chamber Of Commerce required.

Ø Must not occur within 5 metres of a bus stop, pedestrian crossing, taxi stand or intersection.

Ø Must not occur in any area adjacent to an educational establishment or place of public worship or in any park or reserve.

Ø An 1800mm wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville, where a minimum 1200mm must be maintained).

Ø The activity must not cause nuisance, offence or obstruction.

Ø If located for any period of time outside any shop must have the permission of the shop owner; otherwise must be roaming.

Ø Must not include a public address system or the like.

Ø In the case of street collections must be for a registered charity where monies are channelled direct to the charity.

                   Advice

­  Any variation to the above will require Council consent.


 

 

 


 

 


 


Part 2 of the Local Approvals Policy focuses on the considerations and criteria applied by the Council in determining whether to give or refuse an approval of a particular kind of activity under s.68 of the Local Government Act or where required under the s.125, 138 or 139A of the Roads Act.

 

In order to achieve the objectives of the policy in terms of creating an atmosphere which provides for activities which do not adversely impact on the amenity of residents and visitors, the following requirements outlined in s.89 of the Local Government Act will be taken into consideration in the assessment of all applications.

 

In determining an application, the council:

(a)      must not approve the application if the activity or the carrying out of the activity for which approval is sought would not comply with the requirements of any relevant regulation, and

(b)      must take into consideration any criteria in a local policy adopted by the council which are relevant to the subject-matter of the application, and

(c)      must take into consideration the principles of ecologically sustainable development.

 

If no requirements are prescribed and no criteria are adopted, the council in determining an application:

 

(a)      is to take into consideration, in addition to the principles of ecologically sustainable development, all matters relevant to the application, and

(b)      is to seek to give effect to the applicant’s objectives to the extent to which they are compatible with the public interest.

 

In considering the public interest the matters the council is to consider include:

(a)      protection of the environment, and

(b)      protection of public health, safety and convenience, and

(c)      any items of cultural and heritage significance which might be affected.

 

The Local Government (General) Regulation and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation prescribe a number of matters that must be considered by the Council when dealing with an application.

Legislative considerations and criteria have been paraphrased within this part. Reference should be made to relevant Regulation for specific details.

 

Local considerations and criteria have also been referenced in this part for the following activities:

Ø   Construction waste

Ø   On-site sewage systems

Ø   Commercial recreation activities

Ø   Ceremonies (weddings, naming, christening)

Ø   Use of a crane

Ø   Use of footpath by shopkeepers

Ø   Community events (fairs/festivals/ markets)

Ø   Selling articles in a public place (mobile food vending; street stalls; other street vending)

Ø   Footpath dining

A single approval will be issued where consent is required under both the Local Government Act and the Roads Act

 


 


Ordinary Council Meeting - 31 July 2014

New Draft Policy - Local Approvals Policy

 

The Local Government (General) Regulation and the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation prescribe a number of matters that must be considered by the Council when dealing with an application.  Reference should be made to Regulations for specific details.

 

Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005

 

Consideration criteria – operate a caravan park or camping ground (F2 Activity)

Division 3

 

Council will evaluate all relevant activity applications to ensure that:

(a)  Supporting plans and documents clearly demonstrate an intention to comply with the requirements of the regulation.

(b)  Where such an intention is not demonstrated, an assessment will be made of whether it is feasible for the applicant to comply and hence whether it is appropriate to issue a conditional approval or hold the application pending the supply of the necessary information.

Consideration criteria – relocatable homes and associated structures (A1 Activity)

Divisions 2 & 4

Council will evaluate applications for relocatable homes and associated structures in accordance with the design, installation, construction and general provisions outlined in the Regulation.

 

Local Government (General) Regulation 2005

 

Consideration criteria – stormwater drainage (B5 Activities)

Clause 15

In determining an application for an approval the council must have regard to the following considerations:

(a)  the protection and promotion of public health,

(b)  the protection of the environment,

(c)  the safety of its employees,

(d)  the safeguarding of its assets,

(e)  any other matter that it considers to be relevant in the circumstances.

Part 2 of Schedule 1 of the Local Government (General) Regulation 2005 specifies mandatory standards for stormwater drainage work, including that such works must comply with the New South Wales Code of Practice—Plumbing and Drainage (also known as the Plumbing and Drainage Code of Practice).

Consideration criteria – place building waste storage container on a road (C3 Activity)

Clause 27

In determining an application for approval to place on a road a building waste storage container, the council is to take into consideration any requirements or guidelines relating to the location, size and visibility of building waste storage containers that are notified to the council from time to time by the Roads and Maritime Services.

Consideration criteria – sewage management facilities (C5 Activity)

Clause 29

In determining an application for approval to install, construct or alter a sewage management facility, the council must take into consideration the following matters:

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

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

(b)  the prevention of the spread of foul odours,

(c)  preventing contamination of water,

(d)  preventing degradation of soil and vegetation,

(e)  the discouragement of insects and vermin,

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

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

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

Guidelines and directions - The council must consider any matter specified in guidelines or directions issued by the Director-General in relation to the matters any environmental and health protection matters.

Clauses 43 & 44

In determining an application for an approval to operate a system of sewage management the Council will consider the similar matters as those outlined above.

Note: These matters are also considered on applications for the installation of a grey water treatment device. Devices must however be accredited by NSW Health.

Consideration criteria – applications relating to public roads (E1 & E2 Activities)

Clause 50

In determining an application for an approval under Part E of the Table to s. 68 of the Act the council must take into account the provisions of the Roads Act 1993 and any relevant standards and policies of public authorities applying to the use of the road.

Consideration criteria – operation of a public car park (F1 Activity)

Clause 53

In determining an application for approval to operate a public car park the council is to take the following matters into consideration:

(a)  the Roads and Maritime Services views about the application,

(b)  the effect of the car park on the movement of vehicular traffic and pedestrian traffic,

(c)  whether the number of vehicles proposed to be accommodated is appropriate having regard to the size of the car park and the need to provide off-street parking facilities within the car park for the temporary accommodation of vehicles,

(d)  whether the means of ingress and egress and means of movement provided or to be provided within the car park are satisfactory,

(e)  whether there will be adequate provision for pedestrian safety and access for people with disabilities,

(f)   whether the internal design of parking facilities and system of traffic management are satisfactory,

(g)  whether, in the case of a car park that is a building, adequate ventilation is provided or to be provided,

(h)  the Work Health and Safety Act, and the regulations made under that Act, as regards the safety of persons who will be employed at the proposed car park or of persons who will go there,

(i)   whether there will be adequate provision for the management of stormwater and the minimisation of stormwater pollution.

 

Roads Act 1993

 

Consideration criteria - street vending

Section 139F

When considering whether to grant, extend or transfer a street vending consent, or other consent under this Division permitting the use of a structure in, on or over a public road not in a built-up area, for the purpose of selling any article or service, the roads authority must comply with guidelines relating to street vending jointly issued by Roads and Maritime Services and the Department of Local Government.

A street vending consent may not be granted if a structure is subject to a lease under Section 149 of the Roads Act 1993.


Ordinary Council Meeting - 31 July 2014

New Draft Policy - Local Approvals Policy

 

 

In addition to the legislative considerations, the following criteria for the activities specified are considered in determining whether to give approval. Where an activity is not specified then the provisions of s.89 of the Local Government Act are considered.

 

 

s.68 Part D - Community land and Section 355 Committees

 

Commercial activities

(s.68 Item D1 LGA)

 

The following criteria will be considered in determining an application for commercial activities undertaken by professional operators for commercial gain.  For example: surf schools; boot camps; boat and board hire; health and fitness classes.

Criteria

Ø Commercial (Recreation and tourism) uses are permitted only in locations considered acceptable to the type and scale of use.

Ø All requirements of Work Health and Safety Act must be met which includes assessment of risks related to the use/activity.

Ø Evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

Ø Council is the Authority to determine the regulation of the number of commercial events on any particular location.

Advice

Ø Approvals are issued for either 12 months, 3 years or for a maximum period of 5 years and the applicant is to provide evidence of public liability insurance annually, specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required.  The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.  On expiration of the approval a new application is required. Fees are not refundable.

Ø Applications must include information on the type of activity being carried out and an assessment of risk.

Ø Recreation and tourism uses on private land will require the submission of a development application.

Ø All applications must be made on the appropriate form found on www.nambucca.nsw.gov.au

 

Ceremonies

(s.68 Item D6 LGA)

Ø The following criteria will be considered in determining an application to hold a ceremony in a public place.

Criteria

Ø Ceremonies which entail infrastructure being introduced onto Council land are not exempt and will need approval under Events on Council Land.

Ø Vehicles must be legally parked. Vehicles will not be permitted in parks /reserves unless prior arrangement and approval has been obtained.

Ø No amplification of any kind is to be used including loud hailers and/or megaphones.

Ø The site is to be kept clean and tidy. The use of confetti is not permitted.

Ø Applicants are required to complete a ‘Hold Harmless Agreement’ form that assumes liability should any damages, acts or incidents occur as a result of the ceremony.

Advice

­  An approval is issued only for the nominated day of the event. Should the event not proceed a new application is required.  Booking application forms and details are available on www.nambucca.nsw.gov.au. Fees and cancellation fees apply.

 

s.68 Part E - Public Roads

 

Use of crane

(s.68 Item E1 LGA)

The following criteria will be considered in determining an approval for the use of a crane over public land.

Criteria

 

Ø Located within the boundaries of the property otherwise a Roads Act approval will be required.

Ø Must ensure the safety of the public and the protection of property.

Ø The effect that the enclosure of the portion of the road over which the goods will be lifted will have on pedestrian movements in the vicinity of the proposed enclosure, and whether adequate provision has been made for pedestrian access to nearby premises.

Ø The effect that the enclosure of the portion of the road over which the goods will be lifted will have on vehicular parking in the vicinity of the proposed enclosure.

Ø The period during which it is proposed to keep the public place enclosed.

Ø Footway surfaces must be maintained in a safe condition.

Advice

­  An approval is issued only for the nominated day/period. Should the work not proceed a new application is required. Application forms are found on www.nambucca.nsw.gov.au. Application and use fees apply.

­  Roads and Maritime Services requirements to be adhered to.

 

Use of footpath by

shopkeepers

(s.68 Item E2 LGA)

The following criteria will be considered in determining an application by a shopkeeper for the use of the footpath outside the premises for the display of goods for sale.

Criteria

 

 

Ø An 1800 wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville where a minimum of 1200mm must be maintained).

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

Ø Goods displayed must relate to the business conducted at the premises; be contained within the property side boundary; extend no further than 700mm from the shopfront and located so as not to obstruct any doorway.

Ø Any food including tin and packaged goods displayed shall be at a height not less than 750mm above the footpath level. Displayed fruit and vegetables must be protected from contamination.

Ø Goods and/or display stands must not be more than 2 metres above footpath level.

Ø All goods and/or display stands shall be secured to prevent them from being moved by wind or other forces and finished with no part protruding beyond the main body of the stand with no sharp corners or trip hazards.

Ø All goods and/or display stands must be removed from the footpath when premises are closed.

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

Ø The area is to be maintained in a clean condition at all times. Waste generated is to be disposed of via the host premises and not into the gutter or street bins.

Ø No spruiking of goods is permitted.

Ø Cash registers or counter facilities are prohibited.

Ø Evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant.  The policy must be for a minimum of $ 20M.

Ø An application for the use of the footpath in locations adjacent to a classified road (Pacific Highway) will only be considered after the applicant has obtained the written approval of the Roads and Maritime Services.

Advice

­  Approvals are for 12 months after which time the approval may be renewed. Application and occupation fees apply. Fees are not refundable.

­  The application must include a plan drawn to scale showing pedestrian areas, property boundaries and structures. Include details on the type of goods for sale.

­  Approvals may be transferred to a new proprietor upon notification to Council and production of the appropriate public liability insurance cover.

 

A-framed/sandwich board signs

(s.68 Item E2)

The following criteria will be considered in determining an application by a shopkeeper for the use of the footpath outside the premises for a A-framed/ sandwich board signs

Criteria

 

 

Ø Applies to commercial premises, refreshment rooms, shops or take away food outlets, bed and breakfast establishments.

Ø Must be A-frame or self-standing single or double sided sign.

Ø Maximum 1 sign per business positioned no nearer than 3 metres from a similar sign.

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

Ø Must relate to an existing approved and lawful use.

Ø Must not contravene any development consent applying to the property.

Ø Not permitted within 5 metres of a bus stop, pedestrian crossing, taxi stand or intersection.

Ø Must not display offensive, violent, obscene or include discriminatory text or graphics.

Ø Text of sign must relate to the business conducted on the premises or goods/services sold at the premises.

Ø Signs must not be illuminated or incorporate any moving components.

Ø The sign is to have a maximum height of 1 metre with each advertising panel being maximum 900mm high by 600mm wide.

Ø A minimum of unobstructed footpath width of 2.5 metres is to be maintained between the A-frame sign and any other articles, dining area or display otherwise permitted.

Ø Must be safely constructed and secured to prevent a public hazard.

Ø Signs must be removed during inclement or windy weather or when the related business is not open for trading.

Ø The sign/s is/are not to obstruct or pose a risk to pedestrian or vehicular traffic.

Ø The proprietor of the related business must hold evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

Advice

­  In addition to this Section 68 approval, A-Frame signs currently also require initial approval under the SEPP (Exempt and Complying Development Codes) as Complying Development. An application form for Complying Development approval can be found at www.nambucca.nsw.gov.au

 

s.68 Part F - Other activities

 

Community events (not for profit only)

(s.68 Item F7 LGA)

(s.139A Roads Act)

The following criteria will be considered in determining an application to hold a community event such as a fair, festival or market in public places.

 

Criteria

 

Ø All criteria for community events are to be found in Council’s Events on Council Land Application.

Ø Carried out on:

— Public road; or

— Land zoned:

Ø Recreation - Open Space under LEP 2010

Advice

 

­  Prior to any application being lodged with Council a pre lodgement meeting is required with Council’s Event Review Team comprising Manager Technical Services, Manager Community Development, Safety & Risk Officer and the Senior Health & Building Surveyor.

­  An application kit for festivals and events is available on www.nambucca.nsw.gov.au and any queries should be referred to Council’s Safety and Risk Officer.

­  An approval is issued only for the nominated day/s of the event.  Should the event not proceed a new application is required. 

­  Street festivals, fairs and other special events organised by community groups require the submission of an application to Council at least 16 weeks prior to the event, or 20 weeks prior to the event should a road closure be required.  Fees apply. 

­  If the event will have an impact on road traffic then compliance with the Roads and Maritime Guide to Traffic and Transport Management for Special Events will be necessary.  The Guide is available at www.rms.gov.au.  Refer also to www.events.nsw.gov.au for the Event Starter Guide.

­  It is the responsibility of the event coordinator to provide instructions:

­  on food handling arrangements to all groups.

­  on full clean up arrangements to all groups. A waste management plan may be necessary and liaison with Council about the arrangements may be required.

­  Any appropriate licences/permits/approvals from relevant government agencies must be submitted to Council prior to any approval being issued by Council.  Such permits may include some or all of the following:

o Permits from the WorkCover Authority in regard to amusement devices and fireworks displays.

o Approval from the Police in regard to the consumption of alcohol.

o Approvals from Roads and Maritime Services/Police in regard to proposed road closures.

­  Temporary structures may require development consent.

 

Use a standing vehicle or any article for selling articles in a public place

(s.68 Item F7 LGA)

(s.139A Roads Act)

The Council is unlikely to approve the use of a standing vehicle or any article for the selling of articles in a public place other than in the following circumstances. In determining an application consideration will be given to the relevant criteria.

Criteria

Ø Mobile vending:

Ø All vehicles must be registered as per the requirements of the Motor Traffic Act.

Ø Must not operate as a roadside stall or to sell food to the public on any site that requires development consent for that use.

Ø No additional flashing or rotating lights, except those required under Motor Traffic legislation are permitted.

Ø The vehicle is not permitted to operate within 50 metres of any retail food outlet selling a similar food product if that outlet is open.

Ø The vehicle is not permitted to ‘set up stand’ nor remain at any one selling point for more than 15 minutes. A vehicle must move a minimum of 500 metres between each selling point.

Ø The vehicle is not permitted to use chimes or like devices to attract attention between the hours of 8pm and 8am or to operate within 90 metres from any hospital, churches in service or schools during school hours.

Ø The vehicle is not permitted to trade on main roads and through streets with a speed limit of greater than 50km/h.

Ø Must not stop on a hill or bend where sight distance is limited nor located in front of driveways or entrances to properties.

Ø Not to trade in locations where motorists are forced to park on kerbside land, where parking/standing restrictions apply.

Ø The vehicle is not to create a traffic hazard, obstruction or dangerous situation.

Ø Not permitted to operate during hours of darkness.

Ø Litter bins are to be provided by the operator for the convenience of customers.

Ø Wastewater is to be contained with the vehicle for later disposal to the sewerage system.

Ø The vehicle must be made available for inspection by a Council Environmental Health Surveyor for a Licence prior to the issue of approval.

Ø Mobile vending in locations adjacent to a classified road (Pacific Highway) will only be considered after the applicant has obtained the written approval of the Roads and Maritime Services.

Advice

Mobile vending:

­  Approvals are for 12 months after which time a new application is required. Application fees apply. Fees are not refundable.

­  Mobile food vending vans must be registered with the Council. Annual inspection fees apply.

 

Roads Act

 

 

Footpath dining

(s.125 Roads Act)

 

The following criteria will be considered in determining an application for footpath dining. Street furniture includes tables, chairs, gas heaters, umbrellas or other shade structures as well as any structure used to screen/petition or barricade the area.

Criteria

 

 

Ø Footpath dining is not permitted in areas adjacent to a pedestrian crossing.

Ø Right of access is to be retained to utility services.

Ø The area for footpath dining is to be determined on the available width of the area, less any existing street fixtures (including street furniture provided for community use).

Ø The minimum practical depth for footpath dining is 1 metre, which allows 2 chairs per table. In some cases consideration will be given to kerbside dining provided that it does not directly adjoin an area exposed to motor vehicle movement ie., parking and there is a solid barrier in place to separate the seating from the road.

Ø A 1800 wide unobstructed section of footpath is to be maintained at all times (except River Street, Macksville where a minimum of 1200mm must be maintained. In some instances this distance may be reduced where the applicant can demonstrate that there is an accessible path of travel and that there will be no increased impact on pedestrian access when the street furniture is in place.

Ø Street furniture (including umbrellas) must be kept in good condition and not project beyond the designated permit area. Structures or items must not have sharp, pointed, jagged edges, corners or protrusions that may cause injury to persons or act as a trip hazard. It is preferable that chairs not be placed with their backs to the road. Umbrellas/shade structures must be secured in accordance with AS/NZS 1170 – Structural design actions.

Ø Street furniture should be aesthetically suitable and involve a colour scheme and materials that are strong, durable, waterproof and weather resistant, designed for commercial outdoor use. The design must not contain parts that are likely to cause damage to the pavement. The surfaces of tabletops shall be non-reflective.

Ø The underside of the canopy of umbrellas shall have a minimum clearance of 2.2 metres above footpath level and must be securely supported and suitably anchored to withstand unexpected wind gusts. Umbrellas shall not protrude over the roadway.

Ø Outdoor radiant heaters are to be used in accordance with AS4565: Radiant gas heaters for outdoor and non-residential indoor use, and positioned where they will not present a fire hazard, for example not in close proximity to screens/awnings/umbrellas and other shade structures.

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

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

Ø Sub-letting will not be permitted under any circumstances.

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

Ø All outdoor dining areas are to be smoke free environments.

Ø All food must be stored and prepared within the approved food preparation area of the premises.

Ø Food and drink preparation equipment, cash registers, counter facilities or dumb waiters are not permitted on the footpath.

Ø Toilet facilities must be made available to patrons where the premise accommodates more than 20 seats in accordance with the Building Code of Australia.

Ø No entertainment or amplified music is permitted within the designated area.

Ø The area is to be maintained in a clean condition at all times. Waste generated is to be disposed of via the host premises and not into the gutter or street bins.

Ø Should table service be provided, all staff providing the service must provide right of way to pedestrians using the footpath.

Ø All street furniture must be removed from the footpath when premises are closed.

Ø Advertising on street furniture including shade structures, screens, petitions or barricades must be kept to a minimum. If advertising does not comply with State or Council Exempt Development requirements, a development application for advertising must be lodged.

Ø An annual licence fee is required to be paid to Council.

Ø An application for an approval for footpath dining adjacent to a classified road (Pacific Highway) will only be considered after the applicant has obtained the written approval of the Roads and Maritime Services.

Ø Where footpath dining is in association with a licensed premise, liquor may not be supplied or consumed without the consent of Council. Concurrence from the Liquor Administration Board and the NSW Police – Local Area Commander is required. Liquor must not be consumed unless it is served with a meal from the premises. Where there is an alcohol free zone in place it would be inappropriate to permit the consumption of alcohol in these zones.  For details of alcohol free zones see www.nambucca.nsw.gov.au

Ø Evidence of public liability insurance specifically indemnifying and listing Nambucca Shire Council on the policy as an interested party is required. The policy must be held in the name of the applicant. The policy must be for a minimum of $ 20M.

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

Advice

­  Approvals are for 12 months after which time the approval will be renewed. Application and occupation fees apply. Fees are not refundable.

­  The application must include a plan drawn to scale with all relevant street and property boundaries. Details on the type of street furniture to be used (ie., including shade structures, heaters, chairs, tables, screens etc.) must be included.

­  Approvals may be transferred to a new proprietor upon notification to Council and production of the appropriate public liability insurance cover.

­  Applicant must check State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 to clarify if other approvals (eg. Development Consent) are required.

.

Text Box: NOTE: The parking of mobile community service vans in Council owned car parks requires permission from Council as the landowner. Where such vans are parked in the road reserve then an approval under the Roads Act is required. 


 



Part 3 of the Local Approvals Policy covers other matters, mostly administrative, relating to the processing of an application.

 

The application process is primarily established by legislation and whilst it can vary according to the type of works/activities proposed there is a fundamental process that is followed. This process is outlined below.

 

Lodgement of an application

 

Most applications or bookings have a specific form and/or guide designed to assist in the lodgement of the application. Depending on the type of work or activity, fees may apply and where these are required they must be paid at the time of lodgement.

 

An application may be rejected within 7 days of receipt if it is not clear as to the approval sought or the application is not easily legible. Fees if applicable are refunded.

 

Assessment of an application

 

In assessing the more complex applications, additional information may be needed. Where this is the case, Council will contact the applicant within 21 days of receipt of an application. Due to the nature and type of works/activities requiring approval under the Local Government Act and the Roads Act are not generally notified.

 

Applications can be amended by the applicant prior to determination provided that the variation is minor.

 

Determination

 

Once determined a notice will be issued advising whether the application has been approved or refused.

 

The period of approval will vary depending on the type of activity or work undertaken. If works have not commenced or where the activity is not held during the nominated time then the approval may lapse.

 

In such cases, and depending on the circumstances, an applicant can seek to lodge a new application or alternatively request to modify/extend an existing application.

 

Review of determination

 

A determination can be reviewed under s.100 of the Local Government Act. A request to review must justify the reasons for review and be made in writing within 28 days of Council’s determination. Fees apply. The determination of a review is final.

 

Refunds

 

Limited refunds may apply depending on the level of assessment associated with the application. Cancellation fees also apply for some bookings.

 

Record of approvals

 

A record of approvals is required to be kept under s.113 of the Local Government Act. This record is available to the public.

 

Enforcement action

 

An approval may be revoked or modified in any of the following circumstances:

 

(a) if the approval was obtained by fraud, misrepresentation or concealment of facts,

 

(b) for any cause arising after the granting of the approval which, had it arisen before the approval was granted, would have caused the council not to have granted the approval (or not to have granted it in the same terms),

 

(c) for any failure to comply with a requirement made by or under this Act relating to the subject of the approval,

 

(d) for any failure to comply with a condition of the Approval Reference should be made to Council’s Local Orders Policy and Enforcement Policy for details on enforcement processes and actions.

 

NOTE

 

—   Approvals/consents may be required for certain other activities under the provision of separate legislation, particularly in regard to the erection of other buildings which is controlled by the provisions of the Environmental Planning and Assessment Act.

 

—   Any applications involving the preparation of food, the operation of a temporary food premise must comply with the NSW Food Code.



Ordinary Council Meeting                                                                                                     31 July 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    SF1676            310714         Capital Works Report - June 2014

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services; Richard Spain, Manager Water and Sewerage; Keith Williams, Manager Technical Services; Simon Chapman, Waste Management Officer; Clint Fitzsummons, Manager Assets         

 

Summary:

 

This report provides Council with a quarterly report on the Capital Works Program for the fourth quarter and final period of the 2013/2014 financial year ending 30 June 2014.

 

 

Recommendation:

 

1        That the Capital Works Report for the fourth quarter and final period of the 2013/14 financial year ending 30 June 2014 be received and noted.

 

2        That the proposed variations be endorsed and included in the June 2014 budget review and carried forward as a revote into the 2014/15 financial year.

 

3.       Council note the disposal of Council owned surplus materials for the period ending 30 June           2014.

 

 

OPTIONS:

 

Receive the report.

 

 

DISCUSSION:

 

Disposal of Council owned surplus materials

At its meeting held on 13 November 2013 Council resolved “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.”  The report has been incorporated with the final QBR for Councils information instead of a separate report.

 

Council staff has been instructed that surplus material will not be sold to the general public, as the disposal of any surplus equipment or materials must be sold in a safe condition and must comply with Work Health and Safety requirements and Workcover Code of Practice.  In a lot of cases, materials redeemed from worksites no longer meet the appropriate standards and cannot be sold and should be rendered inoperable and disposed of appropriately.

 

Disposal of vehicles – As reported within the December QBR at the Council meeting held on 30 January 2014, two Mitsubishi Tritons utilities (maintenance grader team) were sold at auction through Valley Auctions in Newcastle the vehicles were in poor condition and in excess of 200,000km.

 

Plant 900     2WD Triton            203097 Km            Auction sale price $3,000

Plant 961     4WD Triton            218447 Km            Auction sale price $5,400

 

A number of light vehicles were transferred back to Toyota as their respective lease expired and a replacement vehicle purchased in accordance with the budget allocation.

 

Timber materials - from bridge sites are generally past their useful life and not suitable for reuse and disposed of on site.  Anything that was deemed suitable for reuse was returned to the works depot.

 

Old culverts - extracted from road sites were taken to the waste depot for disposal as they are generally past their useful life and not suitable for reuse.

 

Old guardrail - that is no longer in accordance with the appropriate standards, past its useful life or not suitable for reuse is placed in the metal bins and discarded through a scrap metal contract with Mathews Metal.

 

The Capital Works report is presented for the period ending 30 June 2014:

 

Comments from Assistant General Manager Engineering Services:

 

This current review reflects the fourth quarter and final period of the 2013/14 financial year period as at 30 June 2014.

 

The extent of revotes for the civil works at 30 June 2014 has been substantially reduced from those in past years with an amount of $233,198.00 required to be carried forward into 2014/15 financial year as a revote. The 2013/14 capital works program and the works that were brought forward from the previous financial year have now been completed, with the exception of Tout’s Bridge (which was reported to Council in the March QBR) and a portion of the cycleway bridge and adjoining pavement.

 

The variations presented for the March QBR that were adopted by Council have been adjusted within the budget to reflect the changes. The weather has again been favourable over this reporting period with minimal impact to works resulting in a marginal revote of $233,198.00 as at 30 June 2014.

 

A substantial grant of $650,000.00 was awarded to Council for the extension of the cycleway to Kingsworth Estate. The majority of the project was completed by 30 June, however there was an issue with the supplier of the bridge which resulted in an amount of $83,234.00 required to be carried forward to complete a short length of concrete pavement and join the northern side of the bridge approach. Under the terms of the grant the project must be finalised by the 31 July.  At the time of preparing this report the project has now been completed.  This project was a significant achievement by staff using a combination of local contractors and Council day labour to compete the project within time and budget.

 

Outside of the civil works there will be a substantial revote in funds associated with the Bowraville Off River Storage project which is being monitored monthly through the BORS committee meetings onsite. The Manager of Water and Sewerage has a number of projects to be carried forward some of which are outside of Council control from external entities such as the EPA and contractors.

 

All budgeted plant replacements have been enacted with the exception of the garbage compactor and bitumen patching truck which were reported to the March QBR.  Council resolved to place the funding back into reserve with the delivery anticipated in August 2014.

 

Comments from Manager Civil Works:

 

This report reflects the last quarter of the 2013/14 financial year with a very favourable result showing that all of the approved projects within the capital works have been completed with the exception of Tout’s Bridge (reported at the March QBR) and the cycleway project with an amount of $233,198.00 required to be carried forward into 2014/15:

 

ITEM

DESCRIPTION

COMMENTS

PROPOSED CARRYOVER $

$ VARIATION

5

Construction of Touts Bridge

Construction of the new bridge commenced in June 2014. All materials are booked out and onsite however construction being labour costs will carry over into July 2014.

144,621

 

 


 

15

Cycleway

This is an additional item to the budget being fully funded from RMS.  Contractor supply and install of the bridge has and will be completed by 30 June 2014

83,234

 

16

Kerb and Gutter Augmentation

Works completed, waiting contractor invoice

9,091

 

17

Upper Warrell Creek Road

Stage One completed, additional funds to go to Stage Two in 2014/2015 financial year

12,149

 

46

Carpark construction

Works completed at 30 June, waiting on contractor invoices

21,753

 

40

Main Beach Access Ramp

Funds return to grant

- 37,650

 

 

 

TOTAL

$ 233,198

 

 

 

Comments from Assistant General Manager Engineering Services on plant replacement:

 

The light vehicles have progressively been replaced as their respective Toyota lease expires. The following light vehicles have been replaced as per the budget allocations within this quarter for:

 

·      Mayors

·      Manager IT

 

The Safety Barrier was purchased completing the funded plant identified in this financial year.

 

 

Comments from Manager Water and Sewerage:

 

The following table provides a summary of the capital works items from the 2013/14 budget that require a variation or carryover:

 

ITEM

DESCRIPTION

COMMENTS

$ PROPOSED CARRYOVER

$ VARIATION

WATER

W1

Water Mains Replacement

(WO1642)

Change in scope of works in Bent Street.  All works other than Bent Street completed in house with cost savings.

N/A

- 35,000

W2

Water Mains Upgrading

(WO1643)

Work initially overestimated in anticipation of varying site conditions. All works completed in house with cost savings.

N/A

- 45,000

W3

Water Supply Pumping Plant (WO1655)

Delayed purchase of new water meter.

7,000

N/A

W4

Off River Storage Land Matters (WO1810)

Draft survey plan prepared and most of the valuations are completed.  It is proposed to make offers to affected landowners within the next few months.  Carry over required to finalise compensation negotiations with landowners.  Use carry over amount not $200K allocated for 2014/15.

235,000

 

W5

Off River Storage Project (WO2012)

Works are behind schedule and the major variation / delay claim is still to be negotiated.

5,956,000

 

W6

Seal Bore Casings (WO2149)

Delayed due to work injury to W & S Supervisor

45,000

 

SEWERAGE

S1

South Macksville Pump Station (WO 1675)

Delays with provision of power supply to site.  Major works complete.

70,000

 

 

The following additional comment is made for those items that require a variation or carryover.

 

ITEM W1 – Reduced scope of work on Bent Street.  A section of pipe replacement was removed from contract to review the proposed alignment and prevent trees from being cut down unnecessarily.

 

ITEM W2 – Over estimated the cost of the works in the original budget and assumed they would be done by contract and an anticipation of varying site conditions.  However all works have been completed with Council’s own labour and machinery and this has resulted in significant savings.

 

ITEM W3 – A new bulk water meter to measure flow from the extraction bores was scheduled to be ordered for installation in June.  This order was delayed seeking clarification from our preferred PE pipe installer that all the welded PE fittings required for the flanged connections could fit into the existing pit.  This matter has been resolved but the meter is yet to be delivered.

 

ITEM W4 – Negotiations to enable final payment of landowner compensation claims will carry over into 2014/15 financial year.

 

ITEM W5 – Construction works on Package A (storage) of the project are well behind schedule and is being monitored monthly through the BORS committee meetings onsite. Council has received a significant variation / delay claim that will take some time to resolve.  As a result a carryover of the current budget will be required along with an additional allocation in the 2014/15 budget.

 

ITEM W6 – Work on the bores has been delayed due to an injury to the Water & Sewerage Supervisor.  It is preferable for these works to be undertaken under his close supervision and a decision was made to carry this work over to 2014/15.

 

ITEM S1 – Major works have been completed.  Delays in arranging power supply to site have caused a delay and some work is yet to be completed.  It was initially assumed that the school would be constructed this year but this will not be the case and the work on the pump station is non-critical.

 

 

Comments from Waste Management Officer:

 

There are no capital works to report.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

General Manager

Manager Civil Works

Manager Water and Sewerage

Manager Technical Services

Manager Assets

Waste Management Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There is no risk issues associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The direct and indirect impact on future budgets is the carryover of uncompleted works.

 

Source of fund and any variance to working funds

 

Sources of funds are across a various range of functions.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or implications to resourcing or staff.

 

Attachments:

1

21104/2014 - Capital Works Program 2013_2014_Civil Works for Council - July 2014

 

  


Ordinary Council Meeting - 31 July 2014

Capital Works Report - June 2014

 




Ordinary Council Meeting                                                                                                     31 July 2014

Assistant General Manager Engineering Services Report

ITEM 11.3    SF851              310714         Australian Rural Road Group - AGM Minutes - 12 June 2014

 

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

 

Summary:

 

The minutes of the Australian Rural Road Group AGM meeting held on 12 June 2014 20 are attached.

 

 

Recommendation:

 

That Council receive and note the minutes of the Australian Rural Road Group AGM meeting held on 12 June 2014.

 

 

OPTIONS:

 

1        Accept the recommendation.

2        Not accept the recommendation.

 

 

DISCUSSION:

 

Council is a financial member of the Australian Rural Roads Group (ARRG) which was founded in June 2010.

 

The Group’s focus is on productivity.  How can more productive investments be made in rural local road networks when grant funding does not consider or reward productivity, and how can rural local governments fund more efficient road investments with dwindling populations of rural ratepayers, and little or no access to car park, fines and land development revenue that urban councils can draw on?

 

The AGM was held on 12 June 2014 and the minutes are attached.

 

 

CONSULTATION