NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

14 August 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 - 14 August 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

 

Leave Council at 3.00 pm

DA2013/170 (proposed Truck Depot)

3.30 pm onsite

4.45 pm

Notice Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat Launching Site

onsite

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 31 July 2014....................................................................................... 6

5        NOTICES OF MOTION

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

6        DELEGATIONS

9.3     Acquisition of Casey Drive and the North Macksville Soccer Fields................................... 28

i)        Mr Jeff Borg

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.................................................................................... 17

9.2     Integrated Water Cycle Management (IWCM) Strategies and Strategic Business Planning (SBP) - New Check Lists and Reporting Arrangements......................................................................... 25

9.3     Acquisition of Casey Drive and the North Macksville Soccer Fields - DELEGATION.......... 28

9.4     Development Application DA2013/170............................................................................. 35

9.5     2014 July - Development and Complying Development Applications Received.................. 84

9.6     Construction And Complying Development Certificates Approved July 2014..................... 86

9.7     Council Ranger's Report July 2014.................................................................................. 92

9.8     Dealing with Straying Cattle on South Arm Road.............................................................. 94

9.9     Status of Swimming Pool barrier inspections................................................................... 97

9.10   Invitation for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance........................................................................................................ 100

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................. 105

10.2   Investment Report To 31 July 2014................................................................................ 106


11      Assistant General Manager Engineering Services Report

11.1   Off River Storage Project - Compensation for landowners affected by infrastructure works 111

11.2   Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014.............................. 114

11.3   Waste Management Quarterly Report April - June 2014................................................... 181    

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

12.1   Compensation for landowners affected by infrastructure works - Off River Storage Project

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.

  

            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 31 July 2014

The following document is the minutes of the Ordinary Council meeting held on 31 July 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 14 August 2014 and therefore subject to change.  Please refer to the minutes of 14 August 2014 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170 under the Local Government Act as there is a social relationship between the land owners and a family member as a result of both being long term residents of Valla.  Cr Hoban personally has no such relationship with either the landowners or the applicants.

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170  under the Local Government Act as one applicant is a remote relative, Cr Ainsworth has no business association with that person and he has no more social contact with that person than with other residents of the Shire.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.3 Development Application DA2013/170  under the Local Government Act as Cr MacDonald has known the Fortescue family since childhood.

 

Councillor JA Ainsworth declared a pecuniary in Item 9.4 Development Application DA2014/103  under the Local Government Act as Cr Ainsworth’s brother in law owns adjoining land.  Cr Ainsworth left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 12.3 Macksville Industrial Estate – Channel Remediation Works July 2014 under the Local Government Act as Cr MacDonald’s employer has just bought the corner block opposite the remediation area in contention.  Cr MacDonald left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 17 July 2014

 

367/14 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 17 July 2014 be confirmed.

 

 

 

DELEGATIONS

 

Resolved:          (Flack/MacDonald)

 

That the following delegations be heard:

 

9.2     Transfer of Encroachment Licence from Shibba to Dennien

i)

Ms Vicki Gee—resident

ii)

Ms Louise Robinson—Nambucca Heads Local Aboriginal Land Council

iii)

Ms Chels Marshall—Nambucca Heads Local Aboriginal Land Council

iv)

Mr Barry Dennien—owner of Caravan Park

9.3     Development Application DA2013/170

i)

Ms Susan Jenvey—objector

ii)

Mr Ian Love—objector

iii)

Mr Laurie Trembath—supporting the applicant

iv)

Mr Denis Atkinson—for the applicant

 

Ms Gee addressed Council making the following points:

·    Her home encroachment needs to be rectified

·    12.5 years in all to legalise her home

·    Aboriginal land council involved with Native Title Claim with that process taking approximately 10 years

·    Wants to sell her home

·    Had a secure buyer but sale fell through

·    Access to her home is limited due to current boundary

·    Cannot, sell, cannot move on, is being harassed

·    Asks Council to object to licence to occupy and wants it to follow through

·    Council reneged on an order to remove encroachment – council did not enforce this order, previous park owner placed a dummy DA

 

Ms Robinson and Ms Marshall representing the Nambucca Heads Local Aboriginal Land Council addressed Council onsite.

 

Mr Dennien addressed Council making the following points:

·    Owner of Caravan Park

·    Was aware that the encroachment was an outstanding issue

·    12 properties impacted by encroachment including Ms Gee

·    Building that is owned by Ms Gee is legalised if he can purchase the land If unsuccessful in purchasing the encroached piece of land Ms Gee is protected and at no expense her home will be relocated within the caravan park

·    The affected residents (mostly elderly) will need to go through process of relocating themselves, there is no room in the park for them to move to so they will have to move elsewhere

·    Department of Lands willing to sell land but subject to Land Claim

·    Would be pleased for Council to speed up the process

 

ITEM 9.2      SF1480              310714      Transfer of encroachment licence from Shibba to Dennien

368/14 RESOLVED:        (Flack/Ballangarry)

 

That item 9.2 be deferred to 28 August 2014 pending receipt of information from Ms Gee in regard to the legal document relating to Ms Gees dwelling and the encroachment.  Further that the report is to clarify whether or not a Council order exists for the relocation of Ms Gee’s dwelling.  Further, the report is to provide the conditions of the previous licence, in particular in relation to the removal of encroachments within the three year life of the licence and that the report also provide the proposed conditions of the five year licence.

 

 

 

DELEGATIONS continued

 

Ms Susan Jenvey addressed Council making the following points:

·    Large community response with 55 objections

·    Operating commercial business on rural land is not permitted

·    Truck depot requires operators

·    Where is separate application to operate a truck depot?

·    Cannot run this business from this farm

·    Council has right to disallow the truck depot

·    Objections not given even weight

·    Not an outright permitted use - prohibited under Item 4

·    Property has its dwelling entitlement

·    Will destroy keeping this farmland in the future

·    Why would Council vote to destroy this farmland/where are the justifications

·    Structural plan looks at future growth for the area – this development detracts from tourism

·    Has Council taken into account the hydrological report from RMS?

·    In full view of 4 properties and Valla Road

·    Development is out of character with rural residential nature of the area

 

Mr Ian Love addressed Council making the following points:

·    Speaking for Mr and Mrs Ian Pade who own the property opposite the property in question

·    Encourage sustainable primary industry

·    Property currently grazing cattle

·    Encourage diversity in primary enterprises, this proposal is not diversity

·    This is a fragmentation – fragment prime land and may cause problems with industrial estates

·    Object to conflict between land usage

·    Clients live in a residential village

·    Unclear about stock piling, truck movements

·    Not clear whether mature or immature screening will be used however his clients live up hill so screening is of no use

·    Site is a very pretty part of Nambucca Valley

·    Submits it is an industrial use with no planning benefit to the Valley

·    Residential Village – rating category

 

Mr Laurie Trembath addressed Council making the following points:

·    Lived next door to the company for several years and has never been disturbed by coming and going of traffic

·    No objections to this use of RU1 land

·    Truck movements will lessen with new Highway

·    Foreign weeds/seeds are not brought into the area by trucks.

 

Mr Denis Atkinson addressed Council making the following points:

·    Dispute point that it is not a permissible use – they are permissible under the LEP 2010

·    Council could have included truck business as prohibited us in LEP

·    Development had no adverse impact on environment

·    Old family that have lived in area for long time and they do not wish to cause disruption to this area

·    Trucks with low loaders

·    Size of actual truck depot in comparison to the property.  It is not a large area.

 

ITEM 9.3      DA2013/170        310714      Development Application DA2013/170

369/14 RESOLVED:        (Flack/Ballangarry)

 

That the item be deferred to allow a site inspection on 14 August 2014 at 3.30 pm.

 

 

 

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                310714      Outstanding Actions and Reports

370/14 RESOLVED:        (Ballangarry/MacDonald)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

Cr Ainsworth left the meeting for this Item at 6.30 pm and returned after the conclusion of the Item at 6.33 pm

 

ITEM 9.4      DA2014/103        310714      Development Application DA2014/103

371/14 RESOLVED:        (South/Ballangarry)

 

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.

 

For the Motion:      Councillors Hoban, South, MacDonald, Finlayson, Smyth, Flack, Ballangarry and Morrison                             (Total 9)

Against the Motion:         Nil

 

 

 

ITEM 9.5      SF1947              310714      Outstanding DA's greater than 12 months, applications where submissions received not determined from 10 July - 22 July 2014

372/14 RESOLVED:        (Flack/Ballangarry)

 

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

 

 

 

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

373/14 RESOLVED:        (Morrison/Finlayson)

 

That the following recommendations (1,3,4 and 5) 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.

 

          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.

 

374/14 Resolved:        (Morrison/Ainsworth)

 

That item 2 be deferred until a further report from Crown Lands is received following their discussion with the Leckies and whether they (Crown Lands) have changed their opinion.

 

 

 

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

Motion:      (Ainsworth/Finlayson)

 

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.

 

Amendment:       (Flack/Smyth)

 

That this item be deferred for three months so the matter can be reconsidered and those Councillors who did not attend the onsite visit have the opportunity to do so.

 

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

 

375/14 Resolved:        (Flack/Smyth)

 

That this item be deferred for three months so the matter can be reconsidered and those Councillors who did not attend the onsite visit have the opportunity to do so.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                310714      Schedule of Council Public Meetings

376/14 RESOLVED:        (South/Ballangarry)

 

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

 

 

 

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

377/14 RESOLVED:        (Ainsworth/MacDonald)

 

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.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF1031              310714      New Draft Policy - Local Approvals Policy

378/14 RESOLVED:        (Smyth/MacDonald)

 

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.

 

 

 

ITEM 11.2    SF1676              310714      Capital Works Report - June 2014

379/14 RESOLVED:        (MacDonald/Ballangarry)

 

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.

 

 

 

ITEM 11.3    SF851                310714      Australian Rural Road Group - AGM Minutes - 12 June 2014

380/14 RESOLVED:        (MacDonald/Smyth)

 

That Council receive and note the minutes of the Australian Rural Road Group AGM meeting held on 12 June 2014.

 

 

 

ITEM 11.4    SF878                310714      Mid North Weight of Loads Group - Minutes of the Meeting 10 March 2014

381/14 RESOLVED:        (Ballangarry/Smyth)

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 10 March 2014.

 

 

 

ITEM 11.5    SF1669              310714      Nambucca District Water Supply Off River Storage Project - Public Works variation claim for Project Management engagement

382/14 RESOLVED:        (Ainsworth/MacDonald)

 

That Council accept the fee variation proposal submitted by Public Works for the amount $250,000.00 (two hundred and fifty thousand and dollars) excluding GST, being fees additional to those previously approved.

 

 

 

ITEM 11.6    SF201                310714      Water Quality Monitoring Associated with Mining Activity

383/14 Resolved         (Flack/Ballangarry)

 

That Council continue to carry out the testing of river water in the North and South Arms specifically related to base line monitoring for mining activity.

 

 

 

ITEM 11.7    SF1031              310714      Draft Policies - Bridges Service Levels and Asset Management

384/14 RESOLVED:        (Finlayson/Smyth)

 

That Council place the Draft “Bridges Service Level” Policy and the revised “Asset Management Policy” on public exhibition for a period of 28 days for public comment with a further report to be provided to Council to formally adopt the “Bridges Service Level” Policy and the “Asset Management” Policy once any comment has been received and considered from the public exhibition period.

 

 

 

ITEM 11.8    SF931                310714      T041415MNC -  Tender for the Supply & Delivery of General Hardware products

385/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council:

 

1    Award contracts for the supply and delivery of general hardware products in accordance with the recommendations of the Tender Evaluation Committee for Tender T041415MNC called by Regional Procurement on behalf of Council as follows:

·      J. Blackwood & Son Ltd

·      HJD Industries Pty Ltd T/as Jaybro Civil & Safety Products

for the period 1 July 2014 to 30 June 2016, and

 

2    That a provision be allowed for a 12 month extension based on satisfactory supplier performance which may take this contract through to 30 June 2017.

 

 

 

ITEM 11.9    SF931                310714      T071415MNC – Supply & Delivery of Traffic Signage

386/14 RESOLVED:        (MacDonald/Ainsworth)

 

That Council:

 

1        Appoint Barrier Signs Pty Ltd as the Single source supplier of Standard Steel and Aluminium Traffic & Safety Signage and Associated Products to Council in accordance with  T071415MNC for the period 1 July 2014 to 30 June 2016.

 

2        Appoint Denorth Pty Ltd as the Single source supplier of Sign-Flex Polycarbonate Signage to Council in accordance with T071415MNC for the period 1 July 2014 to 30 June 2016.

 

3        Agree to a provision being allowed for a 12 month extension to Barrier Signs Pty Ltd and Denorth Pty Ltd based on satisfactory supplier performance which may take T071415MNC contract through to 30 June 2017.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

Resolved:          (Ainsworth/South)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1669              310714      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.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              310714      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              310714      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF791                310714      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.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.51pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ainsworth/South)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 7.55 pm.

 

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

 

ITEM 12.1    SF1669              310714      Nambucca District Water Supply Off River Storage Project - Public Works Variation Claim for Project Management Engagement

387/14 RESOLVED:        (Ainsworth/South)

 

That Council receive and note the information provided in the confidential report.

 

 

 

ITEM 12.2    SF1931              310714      Development Application DA2013/170 - Submissions

388/14 RESOLVED:        (Flack/Ballangarry)

 

That Council note the submissions in the confidential report.

 

 

 

Cr MacDonald left the meeting for this Item at 7.54 pm and returned after the conclusion of the item at 7.55 pm.

 

ITEM 12.3    SF1931              310714      Macksville Industrial Estate - Channel Remediation Works July 2014

389/14
RESOLVED:        (Flack/Ballangarry)

 

That Council:

 

a      write to the liquidators appointed to Mack Industrial and make enquiries as to whether Mack Industrial holds any insurance and the type of insurance held.

b     following advice from the liquidators, a further report be provided to Council to determine whether Council wishes to make a claim against the insurer.

c      write to ARTC seeking formal response from them as to whether they have accepted the remediation works undertaken Eureka 2 Project 6 to the embankment.

d     write to TELSTRA advising them of the potential damage to the coaxial cable in the event that the embankment collapses.

 

 

 

ITEM 12.4    SF791                310714      Valuation for Proposed Lot 1 in subdivision of Lot 31 DP 248561, Yarrawonga Street, Macksville

390/14 RESOLVED:        (Ainsworth/South)

 

That Council list for sale proposed lot 1 in the subdivision of Lot 31 DP 248561 for the price recommended in the report and provide the Mayor, General Manager and Manager Business Development with delegated authority to accept an offer provided all three (3) are in agreement.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.56 pm. 

 

Confirmed and signed by the Mayor on 14 August 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

 

    


Ordinary Council Meeting                                                                                                 14 August 2014

Notices of Motion

ITEM 5.1      SF1933            140814         Notice Of Motion - Proposal From Nambucca River Users Group To Reinstate Boat Launching Site (SF437)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

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

 

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

 

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

 

This notice of motion was endorsed by Council at its meeting on 17 July 2014.  A site inspection has been arranged for this meeting.

 

 

Recommendation:

 

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

 

 

 

 

 

Attachments:

There are no attachments for this report.       


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager

ITEM 9.1      SF959              140814         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 advised, still under investigation.

 

7

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

8

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.

 

9

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.

 

 

10

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.

JANUARY 2014

11

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

 

12

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

13

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.

 

14

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

15

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.

 

16

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.

 

Response provided to Councillors.

APRIL 2014

17

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

18

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

19

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 closed 31 July 2014. Completed petitions with 1649 signatures returned to      the Hon Chris Gulaptis MP.

 

20

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.

21

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.

22

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

23

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.

 

Preparation of report underway.  Additional time being made for consideration by management which is to occur in August/September with a report to Council in late September 2014.

24

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.

25

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.

26

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.

Follow up letter to be sent 8 August 2014.

27

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.

28

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.

29

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.

30

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.

31

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

32

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.

33

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.

34

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.

35

SF1480

31/07/14

Transfer of encroachment licence from Shibba to Dennien be deferred until 28 August 2014 pending receipt of information from Ms Gee in regard to the legal doc, plus clarification on any order plus advice on previous and proposed licence conditions.

 

GM

Report to 28 August 2014

36

SF791

31/07/14

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

 

GM

 

Report to 14 August 2014.

One valuation obtained.  Chasing second valuation.  Report to 28 August 2014.

37

SF791

31/07/14

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 include all information which Council holds on the land including threatened species, vegetation etc.

 

GM

Report in September 2014

38

SF791

31/07/14

That item 2 (sale of part of Gordon Park to Leckie) be deferred until a further report from Crown Lands is received following their discussion with the Leckies and whether they (Crown Lands) have changed their opinion.

 

GM

Letter emailed to Crown Lands seeking their advice on 6/8/14.

39

SF791

31/07/14

Consideration of the proposed reclassification and rezoning of the Kingsworth Lake Reserve be deferred for 3 months so the matter can be reconsidered and those Clrs who did not attend the onsite visit have the opportunity to do so.

 

GM

Report November 2014

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.2      SF578              140814         Integrated Water Cycle Management (IWCM) Strategies and Strategic Business Planning (SBP) - New Check Lists and Reporting Arrangements

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The IWCM Strategy and Strategic Business Plans will now need to be prepared every 8 years.

 

 

Recommendation:

 

1        That Council receive and note the information from the Office of Water in relation to new check lists and reporting arrangements for Integrated Water Cycle Management (IWCM) Strategies and Strategic Business Planning (SBP).

 

2        That Council note the planned timing of the preparation of a new IWCM being in the first half of 2016.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

Council has been advised by the NSW Office of Water of new check lists for the preparation of local water utility’s (LWU) Integrated Water Cycle Management (IWCM) Strategy and Strategic Business Plan (SBP).  A current IWCM Strategy and SBP are a local water utility’s peak planning documents for its water supply and sewerage businesses.

 

The check lists have been released on the NSW Office of Water’s web site and any new IWCM Strategies or SBPs will need to be prepared in accordance with these check lists.  The IWCM Strategy and SBP will now need to be prepared every 8 years on a rotation of every 4 years as shown below.  This will involve a Total Asset Management Plan (TAMP) and Financial Plan (FP) every 4 years, updating these plans annually, and including any necessary corrective action in an annual Action Plan to Council.

 

 

 

 

 

 

 

 

 


 


IWCM Strategy:

o ‘Right sizes’ any projects and identifies the best-value 30-year IWCM scenario and Strategy on a triple bottom line (TBL) basis. It includes a 30‑year TAMP and FP.

o Identifies the lowest uniform level of stable typical residential bills (TRBs) to meet the levels of service negotiated with the community and the price path for the next 4 years in current dollars.

o The adopted IWCM scenario includes an update of the existing 30-year renewals plan, with only proven evidence based renewals included for the first 5 years. The renewals plan takes account of any avoided, re-sized, abandoned or re‑prioritised works.

o An IWCM Strategy is prepared every 8 years.

o NSW Office of Water (NOW) concurrence is needed to the IWCM Issues Paper, the final IWCM Strategy and scenario and the Financial Plan prior to LWU implementation of the scenario.

 

SBP:

o Reviews and updates the LWU’s existing 30-year TAMP, identifies any opportunities to downsize or defer significant projects and includes a FP.

o Analyses the renewals component of the TAMP to develop a sound 30‑year renewals plan, the first 5 years of which include only proven evidence based renewals that provide value for money.

o Identifies the lowest uniform level of stable TRBs to meet the levels of service negotiated with the community and the price path for the next 4 years in current dollars.

o A SBP is prepared every 8 years, ie. 4 years after preparing the IWCM Strategy.

o Provide to NSW Office of Water for registration, your final SBP and FP.

 

The NSW Government’s 2007 Best Practice Management of Water Supply and Sewerage Guidelines remains the overarching basis for implementing the 19 Best Practice requirements and addressing any emerging water supply and sewerage issues.  However, the IWCM and SBP check lists in addition to delivering the outcomes outlined in the above boxes, also document the LWU’s implementation of each requirement.

 

Nambucca Shire Council adopted its IWCM in December 2010 and its Strategic Business Plan in February 2012.  The new IWCM strategy checklist provides for transitional arrangements being that if the utility’s IWCM Strategy is at least 6 years old and the SBP is at least 4 years old, then the LWU must undertake the 8 year preparation of its IWCM Strategy.  This means that the preparation of a new IWCM will fall due in 2016.  The Strategic Business Plan and Financial Plan would then be prepared in 2020.

 

CONSULTATION:

 

The matter has been discussed with the Manager Water & Sewerage.  Since Council prepared its IWCM in 2010 there are now more consultants, both in the public and private sector, who have the expertise to prepare an IWCM.  With the work which was done with the initial IWCM, it is anticipated that next IWCM should be able to be completed in less time and at less cost than the first IWCM.

 

Given the complexity of the plan and the experience of the existing elected Council with water and sewerage supply planning and financing, it is proposed that the IWCM be completed early in 2016 and before the Council goes in to caretaker mode for the local government elections due in September 2016.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identified risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Budget provision will need to be made for the preparation of a new IWCM.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there is no resourcing/staff implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.3      SF600              140814         Acquisition of Casey Drive and the North Macksville Soccer Fields

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Mr Jeff Borg has requested the opportunity to address Council on the redevelopment of the old Midco Smallgoods site at North Macksville and the need for Council to acquire Casey Drive to provide access to the site.

 

Negotiations concerning the acquisition of Casey Drive and the adjoining playing fields, both owned in fee simple by the Roads and Maritime Services, have been occurring since at least 2007 with no real progress having been made.  Now that the contracts for the Warrell Creek to Nambucca Heads section of the highway upgrade have been signed, it is timely to again consider the matter.

 

 

Recommendation:

 

That the information in the report and the delegation from Mr Jeff Borg be received.

 

 

OPTIONS:

 

Council has a range of options from doing nothing through to acquiring Casey Drive and/or the North Macksville playing fields by compulsory acquisition.  In between Council can continue to negotiate with the RMS to secure ownership of Casey Drive and the North Macksville playing fields.

 

Given the circumstances of Casey Drive being effectively used as a local road and the North Macksville playing fields being used as public open space for a very long time, Council should be able to negotiate a less costly outcome than what the RMS have proposed to date.  At a time when the RMS propose to burden Council with a multi-million dollar liability in the form of maintenance of the existing Pacific Highway, it is difficult to accept that Council should be paying a commercial value for either Casey Drive or the playing fields.

 

 

DISCUSSION:

 

For at least the last 7 years, Nambucca Shire Council has been negotiating with Roads and Maritime Services to acquire Casey Drive and the North Macksville Soccer Fields.  The land owned by Roads and Maritime Services is shown on the attached plan.  That part of the Casey Drive and the playing fields which is to the north of the shaded lots is actually part of the controlled access road corridor for the existing Pacific Highway as shown on the attached zoning map.

 

The acquisition of the land is important as the loss of the playing fields would greatly impact on the sports which use the land, predominantly soccer.  The fact that Casey Drive is not a dedicated public road but is owned in fee simple by Roads and Maritime Services continues to thwart the redevelopment of the old Midco Smallgoods site.  There has been vandalism of the existing structure and reports of people sleeping in the building in warmer months.  It poses a hazard to surrounding properties and anybody who unlawfully occupies it and needs to be demolished.  The cost of demolition will be significant.

 

In 2008, the then Roads and Traffic Authority obtained a valuation for the freehold land comprising only Casey Drive (not the Soccer Fields).  A copy of the advice from the RTA is attached.  The RTA advised that they were prepared to transfer the land to Council for a sale price of $135,000 with each party to be responsible for their own costs.  At Council’s meeting on 18 December 2008 it was resolved that Council advise Mr T Erskine-Smith (the owner of the old Midco Smallgoods site) that it is prepared to meet $10,000 of the associated legal and survey costs subject to the $135,000 land purchase cost being met by him.  Council also resolved that the acquisition of the land and dedication of Casey Drive as a public road not proceed if the development (Mr Erskine-Smith) does not meet the purchase price.

 

In September 2011 Council put a proposal to the Roads and Traffic Authority based on the conditions of the Part 3A approval for the Pacific Highway upgrade from Warrell Creek to Urunga.  Condition B8 of the Minister’s approval required the RTA to develop a Biodiversity Offset Strategy that identifies available options for offsetting the biodiversity impacts of the project in perpetuity.  It was noted that unless otherwise agreed to by OEH, offsets have to be provided on a like for like basis and at a minimum ratio of 4:1 for areas of high conservation value and 2:1 for the remainder of native vegetation areas.  The proposal put to the RMS was a straight swap of Council’s 8.9 hectares of vegetated high conservation value land at Lower Nambucca (adjoining the Nambucca State Forest) as highway biodiversity offset in exchange for the 5.37 hectares of cleared land the RTA owns in North Macksville which comprises the Macksville soccer fields and Casey Drive.

 

The RMS subsequently replied advising that preliminary advice from the Office of Environment & Heritage was that there would be little value in using the land at Lower Nambucca as a biodiversity offset and that given the RMS was still carrying out a technical review of the alignment between Wedgewood Drive and the Nambucca State Forest the consideration was perhaps premature.  Also at the time it was unknown if Federal funding to construct the highway would be forthcoming.  These last two considerations have now been resolved with the RMS recently entering into contracts with the Acciona and Ferrovial Joint Venture for the construction of the Warrell Creek to Nambucca Heads highway upgrade.

 

In March 2014 Council again wrote to the RMS asking what land was ultimately acquired as biodiversity offsets for the highway upgrade between Warrell Creek and Urunga.  To date a response has not been received.

 

With the construction of the Warrell Creek to Nambucca Heads highway upgrade now underway, Mr Erskine-Smith is keen for Council to finally acquire Casey Drive to allow the redevelopment of the old Midco Smallgoods site to proceed.

 

Mr Jeff Borg has requested to address Council on behalf of the property owners.  He is concerned about the delay in acquiring Casey Drive and its affect on the redevelopment of the land and also the risk posed by Council’s Floodplain Risk Management Plan and a possible requirement for a flood free evacuation route.  Council’s Floodplain Risk Management Plan provides that consideration has to be given to an appropriate flood evacuation strategy and pedestrian/vehicular access route for both before and during a flood.

 

The purpose of this report is to provide background to Mr Borg’s delegation.

 

CONSULTATION:

 

There has been consultation with Mr Tim Erskine-Smith and with Mr Jeff Borg and also with the Manager Development & Environment.

 

In December 2013, in response to an enquiry the Council received about a possible rezoning of the Midco Smallgoods site, the RMS advised as follows:

 

I.    The Pacific Highway is a Controlled Access Road.  Previously Casey Drive has been connected to the existing highway without the necessary approvals.  It needs to be licensed in accordance with Controlled Access Road requirements and approved under Section 138 of the Roads Act 1993.

II.   Casey Drive has been constructed on the Roads and Maritime’s land.

III.  Casey Drive is not a dedicated public road.

 

Roads and Maritime could not support any development that proposed to access Casey Drive at this time until its legal status is resolved.”

 

On 27 May 2014 the General Manager met with RMS staff in Grafton to discuss the matter.  They advised they had a Treasury directive to only deal in land based on a valuation provided by the Valuer General.  They indicated they would proceed to obtain a valuation from the Valuer General.  Their suggestion was that Council acquire the land by compulsory acquisition and that they (the RMS) could deduct the value from the “credit” which would be provided for the maintenance of the existing Pacific Highway once it had been handed over to Council to maintain.  I did discuss Council’s financial inability to maintain the existing highway as a local or regional road, but their advice was that in all likelihood the Council would be receiving the road with a maintenance package.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant environmental implications.

 

Social

 

There are no significant social implications.

 

Economic

 

The redevelopment of the old Midco Smallgoods site has the potential to provide up to an additional 37 dwellings in an integrated development in a premium location with good access to urban services and amenities.

 

Risk

 

There are financial risks to Council in a compulsory purchase of Casey Drive.  The old Midco Smallgoods building also presents risks of fire and vandalism.  There will be on-going costs in the maintenance of Casey Drive.  There may be a poor perception of council should it use its own funds to acquire land to directly benefit a private development.  There is another risk being that the RMS, if it wished, could close the road.

 

With the North Macksville playing fields there is a risk that the RMS may sell them.  There is also the risk that over time there will be representations to Council about improving the facilities at the playing fields and the risk that Council may undertake a capital investment in land which it does not own.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The acquisition of Casey Drive and the North Macksville playing fields is likely to have budgetary impacts.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this time there is no significant resourcing or staffing implications.

 

Attachments:

1

22147/2014 - Casey Drive & North Macksville Soccer Fields - Cadastre & Aerial Photo

 

2

22172/2014 - Casey Drive & North Macksville Soccer Fields - Zoning Map

 

3

29824/2008 - Advice re transfer land Lot 2 DP 562469 - Casey Drive, Macksville

 

  


Ordinary Council Meeting - 14 August 2014

Acquisition of Casey Drive and the North Macksville Soccer Fields

 


Ordinary Council Meeting - 14 August 2014

Acquisition of Casey Drive and the North Macksville Soccer Fields

 


Ordinary Council Meeting - 14 August 2014

Acquisition of Casey Drive and the North Macksville Soccer Fields

 



Ordinary Council Meeting                                                                                                 14 August 2014

General Manager

ITEM 9.4      DA2013/170      140814         Development Application DA2013/170

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

This development application was referred to Councils previous meeting on 31 July 2014 for determination. Council resolved at that meeting to defer the determination of the development application until Councillors have undertaken a site inspection.

 

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 - 14 August 2014

Development Application DA2013/170

 




























Ordinary Council Meeting - 14 August 2014

Development Application DA2013/170

 

ATTACHMENT 2 - 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

Sheet No

Prepared by

Dated

Plan Of Proposed Boundary Adjustment

-

Amos & McDonald Surveyors

1/4/14

General Arrangement And Access Road Details

1 of 2

John Hembry

28/3/14

General Arrangement And Access Road Details

2 of 2

John Hembry

28/3/14

General Arrangement And Access Road

3 of 3

John Hembry

28/3/14

Untitled

1 of 1

-

Undated

Stage 1 Shed Elevations

1 of 3

North Coast Shed Market

Undated

Shed Plan (stage 1)

2 of 3

North Coast Shed Market

Undated

Stage 2 Shed elevations

3 of 3

North Coast Shed Market

Undated

 

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.

 

Storage and Processing Materials

 

2.         No approval is given for the storage, stockpiling or processing of any waste materials on the site; including extractive material, concrete, and organic materials.

 

Servicing of Vehicles and Machinery

 

3.         The use of the truck depot to service vehicles and machinery which are not owned/leased by the owners of the business undertaking on the land is not permitted under this development consent.

 

Number of Trucks on Site

 

4.       No more than 8 trucks are to parked/serviced on the site at any one time.

 

Noise

 

5.         Noise emitted from the truck depot must comply with the requirements for industrial premises contained in the NSW Industrial Noise Policy and must not cause the relevant amenity criteria in Table 2.1 in the NSW Industrial Noise Policy to be exceeded.

 

Lighting

 

6.       All new external lighting must:

(a) Comply with AS 4282–1997 Control of the obtrusive effects of outdoor lighting, and

(b) Be mounted, screened and directed in a way that it does not create a nuisance or light spill on to adjoining lots or public places.

Vehicles to be parked or garaged within premises

 

7.       All vehicles connected with the premises are to be parked or garaged within the premises at all times.

 

Hours of Operation

 

8.       The hours of operation of the truck depot are restricted to the times set out in the following table:

 

Period

Start Time

Finish Time

Monday to Friday

7.00am

6.00pm

Saturday

7.00am

1.00pm

 

Any alteration to the above hours of operation will require the further consent of Council.

 

Annual Fire Safety Statement

 

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

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

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

 

Separate application required for advertising structures

 

10.     A separate application is to be submitted to, and approved by, Council prior to the erection of any advertisements or advertising structures, other than those permitted without consent by Council.

 

Partial Consent

 

11.        In accordance with sub-section 80(4) of the Environmental Planning and Assessment Act 1979, no approval is given for the proposed dwelling envelope.

 

External Colours

 

12.       External building materials of all structures are to incorporate the use of muted, natural colours that will blend with, rather than stand out from, the landscape for major features such as walls and roofing.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE OR COMMENCEMENT OF WORKS

 

Access

 

13.     Prior to the issue of a construction certificate or commencement of works, submit plans to Council for approval which illustrate the works outlined in the table below which must be undertaken as part of the development. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

 

Work

Standard to be provided

Driveways Rural – sealed roads

Sealed driveways, in accordance with Council’s rural driveway standards, to suit vehicles entering and leaving the property simultaneously, from the edge of the bitumen to 3 metres within the property for proposed lots 1 and 2.

Rural driveway - Internal

The internal driveway is to be suitable for two (2) wheel drive vehicles and heavy machinery, with 4m wide gravelled pavement of 150mm minimum depth within a 6m wide formation.

Road Widening

Construction of a type BAR Right Turn Treatment on Valla Road at the entry to proposed lot 2, constructed in accordance with Austroads Guide to Traffic Engineering Practice – Part 5: Intersections at Grade.

 

Car parking plans required

 

14.     Prior to the issue of a construction certificate or commencement of works, plans and specifications that indicate access, parking and manoeuvring details in accordance with the approved plans and Council's Adopted Engineering Standards are to be submitted to Council for approval. The access, parking and manoeuvring for the site are to comply with the requirements of Council’s Development Control Plan. Plans are to include, but not be limited to, the following items:

 

a        pavement description;

b        site conditions affecting the access;

c        drainage (pipes, pits, on-site detention, etc.);

d        turning paths; and

e        linemarking and signs.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

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

 

On-site stormwater detention approval required

 

15.     Stormwater drainage is to be designed to direct all water to a Council approved drainage detention system.

 

Stormwater quality must be suitable for discharge in Managing Urban Stormwater - Soils and Construction Vol. 1, 4th Edition prepared by Landcom.

 

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

 

The plans must be in compliance with Council's Adopted Engineering Standards and are to be submitted to Council for approval prior to the issue of a construction certificate or commencement of works.

 

Landscape Plan

 

16.     Prior to the issue of a construction certificate or commencement of works, submit a detailed landscape plan to Council for approval. The landscape plan is to incorporate a landscaped buffer around the perimeter of the truck depot. The landscape buffer is to be planted with advanced stock (2-3 years old) and incorporate trees capable of achieving mature heights of at least 6m and understorey vegetation capable of achieving heights of 1.5-2.0m.

 

Sediment and erosion control plan

 

17.     Prior to the issue of a construction certificate or commencement of works, plans and specifications that indicate the measures to be employed to control erosion and loss of sediment from the site are to be submitted to Council for approval. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices such as catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. The sediment and erosion control plan is to be designed in accordance with the requirements of the Landcom Manual 2004, “Managing Urban Stormwater, Soils and Construction” 4th Edition 2009.

 

The sediment and erosion control plan is to be prepared by a qualified practising Civil Engineer.

Dam Design Plan

 

18.     Prior to the issue of a construction certificate or commencement of works, submission to and approval by Council of a final design plan prepared by a suitably qualified professional detailing the dam dimensions, batters and cross section, and location. The plan details are to confirm method of construction, compaction and stability. The applicant is to note that dam spillway structures must be designed to prevent any scouring impacts.

 

Bond required to guarantee against damage to public land

 

19.     A bond of $10,000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets caused as a result of construction works under this consent.

 

This bond will be held until Council is satisfied that the infrastructure is maintained/repaired to pre development conditions and that no further work is to be carried out that may result in damage to Council’s roads, footpaths etc.

 

Operate a System of Sewage Management

 

20.        Prior to the issue of a Construction Certificate, an approval under section 68 of the Local Government Act 1993 to operate a system of sewage management to service the development shall be obtained from Council.

 

Petroleum Storage Plan

 

21.     The application for a Construction Certificate is to include details indicating the construction of facilities for the storage of petroleum and petroleum products so that no residues will be discharged to the stormwater system. A maximum of 20,000 litres is to be stored on site at any one time.

 

An emergency management plan is to be included which specifically addresses spillage and clean-up procedures for all chemicals stored on the site.

 

 

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

 

Construction Certificate

 

22.       The erection of the buildings the subject of this development consent MUST NOT be commenced until:

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

(i)        the Council, or

(ii)        an accredited certifier, and

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

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

(ii)       Notified Council of the appointment, and

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

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

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

 

Consent required for works within the road reserve

 

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

 

Erosion & sediment measures

 

24.     Erosion and sedimentation controls are to be in place in accordance with the approved Erosion and Sediment Control Plan.

 

Note: Council may impose on-the-spot fines of up to $600 for non-compliance with this condition.

 

Toilet facilities

 

25.     Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed.

 

Erection of Signs

 

26.     A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

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

 

Tree Removal

 

28.     The construction of the driveway is not to result in any more than one tree to be removed from the existing row of 7 trees illustrated in red on the approved plan. The remaining trees are to be maintained until the landscape buffer required by this consent is fully established.

 

Construction Times

 

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

 

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

b        Saturday, from 8.00 am to 1.00 pm.

 

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

Bushfire Protection

 

30.       The following conditions are required for compliance with Section 79BA of the Environmental Planning and Assessment Act 1979:

(a)  Asset Protection Zones

At the commencement of building works and for the life of the development, the land surrounding the sheds and fuel/oil storage areas on proposed lot 2, to a minimum distance of 20 metres, shall be maintained as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

(b)  Water and Utilities

A 20,000 litre fire fighting water supply shall be provided to the sheds on proposed lot 2 in accordance with the acceptable solutions for services in section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

(c)  Landscaping

              Landscaping of the site is to comply with the principles of Appendix 5 of ‘Planning for Bushfire Protection 2006’.

 

Removal of Stockpiles

 

31.        The existing stockpiles of extractive material, scrap metal and organic materials along the northern boundary of existing lots 2 and 101 (adjacent to Deep Creek) are to be removed from the land and disposed at an authorised waste management facility.

 

Builders Rubbish

 

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

 

Maintenance of sediment and erosion control measures

 

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

 

Shoring and Adequacy of Adjoining Property

 

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

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

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

 

Rainwater tank requirements

 

35.     Rainwater tank/tank-stand installations are to be structurally sound, and in accordance with manufacturers detail. Overflow from the tank is to be disposed of in a manner not to cause nuisance to neighbouring properties or degradation of land.

 

Design and installation of the fuel tank

 

36.     The design and installation of the fuel tank must comply with the requirements of the NSW WorkCover Authority and Australian Standard AS 1940-2004 “The Storage and Handling of Flammable and Combustible Liquids”. In this regard, certification from a WorkCover Authority approved consultant, must be submitted to Council.

Approved Plans to be On-Site

 

37.       A copy of the approved and certified plans, specifications and documents incorporating conditions of approval and certification shall be kept on the site at all times and shall be readily available for perusal by any officer of Council or the Principal Certifying Authority.

Discovery of a Relic

 

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

 

 

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

 

Works to be completed

 

39.     All of the works indicated on the plans and granted/required by this consent, including any other certificates/approvals that are necessary for the completion of the development in accordance with the consent, are to be completed prior to the issue of an Occupation Certificate or use of the premises as a truck depot.

 

Occupation Certificate

 

40.        The buildings must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

 

Landscaping

 

41.        Complete landscaping in accordance with the approved landscape plan prior to the issue of an occupation certificate or commencement of use (whichever occurs first). The landscape buffer is to be maintained for the life of the development. Maintenance is the landowner's responsibility.

 

Install System of Sewage Management

 

42.       Prior to the issue of an occupation certificate, install an approved system of sewage management in accordance with an approval obtained from Council under section 68 of the Local Government Act 1993.

 

Fire Safety Certificate

 

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

            In accordance with the Environmental Planning and Assessment Regulation 2000:

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

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

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

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

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

(d)  The person who carries out the assessment:

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

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

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

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

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

 

 

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

 

Plan of Subdivision

 

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

 

Plan of Subdivision and Section 88B Instrument requirements

 

45.     A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dwelling Prohibition

A restriction is to be placed on proposed lot 2 under Section 88B of the Conveyancing Act 1919 prohibiting a dwelling on the lot. Nambucca Shire Council shall be nominated as the sole party with the power to vary or remove the restriction.

 

Lot 2 DP 881651

 

46.     Both parts of Lot 2 DP 881651 are to be included in the final plan of subdivision.

 

Bushfire Protection

 

47.     In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

 

(a)  Asset Protection Zones

          At the issue of the subdivision certificate and in perpetuity, the land surrounding the existing dwelling on proposed Lot 1, to a distance of 10 metres, shall be maintained as an inner protection area (IPA) as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service‘s document ‘Standards for Asset Protection Zones’.

 

(b)  Water and Utilities

i. A 20,000 litre fire fighting water supply shall be provided to the existing dwelling on proposed Lot 1 in accordance with the acceptable solutions for services in section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

ii.     Any gas supply to the existing dwelling on proposed lot 1 shall comply with the acceptable solutions for services in 4.1.3 of ‘Planning for Bushfire Protection 2006’.

iii.    Any alteration to the electricity supply network to service the subdivision shall comply with the acceptable solutions for services in section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

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

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

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

 

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

 

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

 

·      To ensure that all traffic, car parking and access requirements arising from the development are addressed.

 

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

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:        NIL

 

Integrated Development:                          Yes – 100B of the Rural Fires Act 1997

 

 

 



Ordinary Council Meeting - 14 August 2014

Development Application DA2013/170

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Development Application DA2013/170

 

 

 

Confidential Attachment 3 -

 

 


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.5      SF1947            140814         2014 July - Development and Complying Development Applications Received

 

AUTHOR/ENQUIRIES:    Emma Shaw, Business Services Officer         

 

Summary:

 

Council at its meeting 16 January 2014 resolved:

 

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

 

Below is a list of Development Applications and Complying Development Applications received in July 2014 as at 5 August 2014.

 

Recommendation:

 

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

 

OPTIONS:

 

DA No

Date Received

Applicant/Owner

Proposal

Property

Amount

2014/111

01/07/2014

Mr B Wills

Garage

Lot 121 DP 245010, 5 South Pacific Drive, Scotts Head

19,000

2014/112

02/07/2014

Mrs B Dawson

Dwelling Additions

Lot 207 DP 812122, 10 Currawong Road, Allgomera

39,000

2014/113

02/07/2014

Mr Meta & Ms Ringstad

Dwelling Additions

Lot 14 DP 883107, 13 Grant Crescent, Macksville

30,000

2014/114

03/07/2014

Mick Brooks Building Design

Dual Occupancy

Lot 54 DP 1099538, 29 Seaforth Drive, Valla Beach

480,000

2014/115

04/07/2014

Tom & Robyn Munro

Shed

Lot 141 DP 1081824, 513 Gumma Road, Gumma

140,000

2014/116

04/07/2014

Huon Constructions

Deck over existing pool

Lot 27 DP 22770, 56 Seaview Street, Nambucca Heads

12,000

2014/117

09/07/2014

Bevan & Gillian Stuart

Continued use of additions

Lot 77 DP 755534, 356 Allgomera Road, Allgomera

0

2014/118

11/07/2014

Mr K Rosentreter

Convert shed to dwelling

Lot 4 DP 880384, 404 Gumma Road, Gumma

28,000

2014/119

14/07/2014

Evolution Planning Pty Ltd

Install above ground tank

Lot 22 DP 581612, 22 Cooper Street, Macksville

110,000

2014/120

16/07/2014

Arakoon Homes Pty Ltd for Ms Rose

Dwelling

Lot 174 DP 1190467, 12 Seaforth Drive, Valla Beach

180,000

2014/121

16/07/2014

Heather Gray

Retaining Walls

Lot 49 DP 1099538, 19 Seaforth Drive Valla Beach

14,000

2014/122

22/07/2014

Mr D Penn

Dwelling-House

Lot 165 DP 1190467, 30 Seaforth Drive, Valla Beach

240,000

2014/123

23/07/2014

Mrs Tobin

Change of use to Tourist Accommodation

Lot 3 DP 1078511, 11 Avocado Road, Valla

0

2014/124

23/07/2014

Ms H Buhler

Dwelling Additions

Lot 2B DP 24147, 69 Valla Beach Road, Valla Beach

19,500

DA No

Date Received

Applicant/Owner

Proposal

Property

Amount

2014/125

23/07/2014

Mr R Gadsby

Shed Lge Lot Residential

Lot 2 DP 1069159, 133 Old Coast Road, North Macksville

35,318

2014/126

25/07/2014

Jehovah's Witnesses Macksville

Place of Public Worship

Lot 11 DP 805157, 21 Dudley Street, Macksville

0

2014/127

25/07/2014

Perry Homes for K Williams

Dwelling

Lot 92 DP 1099538, Seaforth Drive, Valla Beach

184,000

2014/128

28/07/2014

Knut & Sally Meyer

Health Consulting Rooms

 Lot 14 DP 841964, 22 Rogers Drive, Valla Beach

0

2014/129

29/07/2014

Ms A Smith

Dwelling

Lot 44 DP 228703, 103 Ocean View Drive, Valla Beach

460,000

 

 

 

CD No

Date Received

Applicant/

Owner

Private Certifier

Proposal

Property

Amount

2013/671/2

02/07/2014

NBN Co Limited C/- Aurecon

Private Certifier - Urban City Consulting - BPB1975

NBN Fixed Wireless Base Station

Lot 191 DP 625370, 95 Little Tamban Road, Eungai Creek

192,500

2014/632

30/07/2014

Mr S Callow

Private Certifier - Brian Dwyer

Shed Lge Lot Residential

Lot 2 DP 794178, 13 Waterford Drive, Gumma

8,000

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.6      SF1947            140814         Construction And Complying Development Certificates Approved July 2014

 

AUTHOR/ENQUIRIES:    Emma Shaw, Business Services Officer         

 

Summary:

 

The attached report, produced from Council’s computer system, Authority, is for the information of Councillors with regard to approved Construction and Complying Development Certificates for the month of July 2014 as at 5 August 2014.

 

 

Recommendation:

 

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

 

 

Attachments:

1

22392/2014 - Construction Certificates & CDC's issued July 2014

 

  


Ordinary Council Meeting - 14 August 2014

Construction And Complying Development Certificates Approved July 2014

 






Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.7      SF1148            140814         Council Ranger's Report July 2014

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

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

 

Recommendation:

 

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

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

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

         7

20

Returned to Owner

0

6

Transferred to - Council's Facility from Seizure Activities

7

14

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

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

1

5

Abandoned or Stray

0

0

Surrendered

0

2

Animals transferred from Seizure Activities

7

14

Total Incoming Animals

8

21

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

9

Sold

0

3

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

0

Dangerous Dogs

 

0

Owner’s Request

0

3

Due to Illness, Disease or Injury

2

0

Feral/infant animal

5

0

Unsuitable for rehoming

0

5

Unable to be rehomed

0

1

Total Euthanased

7

9

Total Outgoing Animals

7

18

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

1

3

 

 

June-14

 

 POEO

 

 

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

 

3081195949

#4296 - Fail to Comply Order #27

220.00

10/07/2014

 CMW 31A

3081195958

#9246 – Not park rear to kerb

104.00

21/07/2014

 BM 02 AO

3081195967

#9246 – Not park rear to kerb

104.00

21/07/2014

 

3106923014

#12572 – Pollute Land - Individual

750.00

30/07/2014

 

 

TOTAL VALUE OF PENALTIES:

1178.00

 

 

June-14

Companion Animals

Microchip

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

Date Sent

 

3081197534

not prevent dog escape

220.00

2/07/2014

 

3081197543

no collar/tag

165.00

2/07/2014

 

 

TOTAL VALUE OF PENALTIES:

 385.00

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.8      SF1933            140814         Dealing with Straying Cattle on South Arm Road

 

AUTHOR/ENQUIRIES:    Paul Guy, Manager Development and Environment; Reg Clough, Ranger         

 

Summary:

 

Council at its meeting on the 17 July 2014 resolved:

 

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

 

Council staff have responded to numerous reports relating to straying cattle on South Arm Road.  In one instance cattle were observed and a Notice was issued to the owner of the cattle requesting the fences be made stock proof.  As the works had not been carried out, a Penalty Notice was issued.  Following that occasion, Council staff have undertaken numerous patrols on South Arm Road and have not observed straying cattle on the public road or reserves.

 

A procedure for dealing with straying animals is included in this report.

 

 

Recommendation:

 

1        That Council endorse the procedure for the handling of straying livestock contained in this report, effective immediately subject to the following:

 

a      That an arrangement be made with cattle carters for the transportation of impounded livestock to the Macksville Showgrounds.

 

b     That the management of Macksville Showground be informed of the procedure for the impounding of livestock.

 

2        That Council write to landholders within the immediate South Arm area advising them of their responsibility to prevent stock from leaving their property onto a public road whether or not the stock is owned or agisted on that property.

 

 

OPTIONS:

 

 

DISCUSSION:

 

Background

 

In 2007 Council tendered for the Provision of Companion Animal Impounding, Euthanasia and Regulatory Services resulting in the appointment of Beach to Bush Animal Control.  This arrangement expired on 30 September 2013 following a Council resolution that Companion Animal Control would be deal with “in-house”.

 

Beach to Bush Animal Control had all the equipment necessary and agreements with two cattle carters, to deal with the impounding of livestock.  They also had an after hour’s agreement with GJ Kennedy Stock and Station agent for assistance when required and access to the cattle pound at the Macksville showgrounds.

 

The main issue, cattle straying on South Arm Road, is reported as follows:

 

·   Records in Trim show that cattle straying on South Arm Road has occurred since 2010 with one property owner receiving several letters from Council concerning his responsibility to contain his cattle.

 

·   Council’s Rangers have addressed several Merit (complaints) with respect to the matter and whilst not finding cattle on the road, the Rangers observed signs thereof.

 

·   Council has taken action against one property owner to repair fencing and a recent inspection found the fencing to be in good order.

 

·   It appears and has been suggested that cattle are accessing adjoining properties via a creek and then find access to the local road.

 

·   All property owners have a responsibility to ensure that stock do not wander off their property onto a public road.  A mail out to property owners within the immediate area will be carried out to advise them of their responsibilities even if the stock are not owned or agisted by them.

 

Further, Council deals with cattle on public property or public roads in accordance with the Impounding Act 1993 and the current practice for dealing with cattle on all roads and public property is as follows:

 

·      If the stray cattle are on private property the cattle can be impounded by the owners of the property who have a responsibility to contact the owners of the cattle if possible.  If the cattle are not collected within four (4) days they are to be taken to Council’s pound.

·      If the cattle are on the public road or public property a ranger will attempt to move them off the road.

·      If possible the cattle will be put into an available nearby paddock for safety.

·      If the owner of the cattle can be identified, the owner will be requested to move the cattle from public property and return them to their own property.  If the fences are not stock proof, the owner will be sent a notice to repair the fences.  If the owner fails to comply, a Penalty Notice may be issued.

 

However, if the owner of straying cattle cannot be found or the stock cannot be returned to the owners’ property where they belong, Council is unable to transport them to the cattle pound, because Council has:

 

·      No agreement or contract arranged with cattle carters/cowboys to capture and remove the cattle for transportation to the Council pound.

Note:  There has been a reference from cattle carters to assist in costing/impounding cattle as they work for most cattle owners.

 

Suggested Improved Procedures for the Handling of Straying Livestock

 

If cattle are found straying on Council/public property or local Council roads (excluding the Pacific Highway, the following process is to be followed:

 

If cattle are near a road:

·      place “CATTLE ON ROAD” signage in appropriate positions so they can be seen by oncoming traffic from both directions.

·      Activate flashing lights on vehicle

·      Attempt to the move the livestock away from the road by using vehicle or approaching on foot

·      Once cattle have been removed from the road and are no longer a threat to traffic, approach the property owners nearby to determine ownership of the cattle.

·      If unable to identify owner, seek approval from a nearby property owner to run the livestock into one of their paddocks (preferably one with cattle yards) for transferring livestock to a cattle carter vehicle if required.

Once cattle have been secured contact:

·      Tom Stanton on (02) 6568 1666 or Macksville Showground Committee of Management on (02) 6568 6285 to advise Council requires yards to impound the straying stock.

·      Ranger to meet Macksville Showground representative at the showground to confirm allocated yards.

·      Ranger to contact Council’s preferred cattle carter/cowboy to arrange for the transportation of livestock to the showgrounds.

·      Ranger to identify and contact the owner of livestock with NLIS tags, advise them of the applicable fees and arrange collection from the showgrounds.

If owner of livestock cannot be identified or located:

·      Ranger to purchase sufficient bales of hay from NORCO or Mitre 10 Macksville to feed the cattle for the duration of their impoundment if the owner of the livestock cannot be located.

·      Ranger to ensure livestock are fed as required

·      Ranger to organise the advertising of impounded livestock for sale if required.

 

The adoption of the above procedure would clarify the process for Council, Council staff and residents.

 

CONSULTATION:

 

Manager Development and Environment

Business Services Coordinator

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no significant implications for the environment.

 

Social

There are no significant social implications.

 

Economic

There are no significant economic implications.

 

Risk

There is a risk to motorists from cattle on public roads.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Some additional expenditure may need to be provided for in the budget but there will be no or little net impact as Council can recover the costs of impounding cattle.

 

Source of fund and any variance to working funds

 

There will be no or little impact on working funds as the costs of impounding cattle can be recouped from the owner.

 

Service level changes and resourcing/staff implications

 

Enquiries have been made with other Mid North Coast Councils as to their procedures for dealing with straying cattle.  Straying stock are dealt with by Council Rangers at Coffs Harbour, Bellingen, Kempsey and Great Lakes councils and by a contractor at Port Macquarie Hastings Council.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.9      SF1915            140814         Status of Swimming Pool barrier inspections

 

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

 

Summary:

 

Since February 2014 approximately 96 Swimming Pool barriers have been inspected by Council officers as part of Council’s Swimming Pool inspection program.  This represents around 10% of properties with Swimming Pools in the Shire.  A very small proportion of Swimming Pool barriers complied on initial inspection.

 

 

Recommendation:

 

That the content of the report be noted and that Council officers continue with programmed inspections and processing individual applications for Certificates of Compliance pursuant to Council’s inspection program and the requirements of the Swimming Pools Act 2012

 

 

OPTIONS:

 

Engage a contractor to carry out inspections en-masse.  This option however is considered to be counter-productive as the initial inspection is merely the tip of the iceberg with respect to the administrative input required and various machinations of achieving compliance.

 

 

DISCUSSION:

 

In February 2014 Council piloted the inspection program in Scott’s Head and Kingsworth Estate, Nambucca Heads. Swimming Pools were identified through Council records and aerial photography and correspondence was sent to relevant property owners advising of the inspection program.  Twenty eight (28) inspections were initially carried out over a period of around 2 weeks in Scott’s Head.  No Swimming Pool barrier was found to be fully compliant.  This has then resulted in ongoing compliance action. This has happened in the form of advisory letters, Directions pursuant to the Swimming Pools Act, re-inspections and reminder phone calls by administrative staff.  To date there are 8 outstanding pool barrier matters in Scott’s Head.

 

Twenty nine (29) inspections were carried out over a period of around 3 weeks in the month of February/March in Kingsworth Estate.  Only two barriers were found to be compliant in the initial inspections.  Ongoing compliance action has left 4 outstanding pool barrier matters in Kingsworth Estate to date.

 

All of the designated public pools have been inspected during February/March 2014.  The Swimming Pools Act requires any swimming pool situated on a premises where there is tourist or visitor accommodation or more than 2 dwellings to obtain a Certificate of Compliance every 3 years from the commencement of the Act (29 April 2014).  The status of the public pools is 22 inspected with 9 still having outstanding issues.

 

Around 17 inspections have taken place as a result of individual applications for Certificates of Compliance throughout the Shire.  All of these applications have been processed and finalised.

 

Further enforcement action will be undertaken to ensure compliance of all non-complying pool barriers inspected so far.

 

The pilot inspection program has identified a need to contain programmed inspections to designated areas with the focus being on achieving compliance cumulatively.  The experience has been such that it can take up to and sometimes beyond 3 months to a point where the Certificate of Compliance can be issued. Another issue identified is the lack of tradespeople able to carry out work and familiarity with the relevant Australian Standard(s).

 

The coastal villages of Hyland Park and Valla Beach are being scheduled for first round inspections later this month.  This will amount to 62 initial inspections plus follow up.

 

It is then further proposed to target Bowraville, Macksville and Nambucca Heads.

 

After 29 April 2015 all premises that are leased or rented require a Certificate of Compliance. This date was extended from 29 April 2014 as a result of representations from the Real Estate industry.  It is anticipated that applications for Certificates of Compliance will significantly increase after this date.

 

 

CONSULTATION:

 

General discussions with some of the MIDROC Councils identifies that Nambucca Shire Council has been proactive with the programmed inspections with many Councils simply dealing with applications for Compliance Certificates and not necessarily programming inspections.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The inspection program is having no adverse environmental impacts.

 

Social

 

A program designed to ensure Swimming Pool barrier compliance can only have a positive social outcome.

 

Economic

 

The requirement for upgrading or replacing of existing barriers is and will continue to generate work for local tradespeople.

 

Risk

 

The inspection program is managing risks associated with non-complying swimming pool fencing.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The inspection program generates income through fees prescribed by the Swimming Pool Regulation 2008.  These are $150 for initial inspection and a $100 for the second inspection.  No fees are prescribed for third or subsequent inspections.

 

Source of fund and any variance to working funds

 

N/A

 

Service level changes and resourcing/staff implications

 

Programmed inspections of Swimming Pool barriers have been co-ordinated to fit in with existing inspection regimes of Council’s Health and Building surveyors.  Individual applications for Compliance Certificates are dealt with through the normal day to day inspection process.

 

Significant clerical input is required for the inspection program to be co-ordinated and to flow effectively. This includes the rationalisation of Council’s Swimming Pool register(s) against the Department of Local Governments database; initial advice re inspections; follow up correspondence; follow-up phone calls; issuing of Compliance Certificates etc.

 

A resource demand exists in affecting compliance ie requiring property owners to upgrade/repair/replace existing barriers.  Examples of this include having to ‘chase’ people to carry out works and follow up inspections.

 

It has been recognised that this program could also be partnered with the existing on site sewerage management inspection regime to capture remote swimming pools.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 14 August 2014

General Manager's Report

ITEM 9.10    SF988              140814         Invitation for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the Mayor be nominated as Council’s representative on the Mid North Coast Health Promotion Alliance.

 

 

OPTIONS:

 

Council can nominate another representative or resolve not to participate.

 

DISCUSSION:

 

Council has received an invitation from Medicare Local North Coast NSW for representation on the Mid North Coast Health Promotion Alliance.

 

A copy of the Terms of Reference for the Alliance and their invitation is attached.

 

It is recommended that the Mayor be nominated as Council’s representative.

 

CONSULTATION:

 

The matter has been discussed with the Mayor.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no identifiable risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendation will affect the Mayor’s existing service level.

 

Attachments:

1

22713/2014 - Mid North Coast Health Promotion Alliance Invitation

 

2

22714/2014 - Terms of Reference Mid North Coast Health Promotion Alliance

 

  


Ordinary Council Meeting - 14 August 2014

Invitation for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance

 


Ordinary Council Meeting - 14 August 2014

Invitation for a Representative of Nambucca Shire Council to Join the Mid North Coast Health Promotion Alliance

 


 


Ordinary Council Meeting                                                                                                 14 August 2014

Corporate Services

ITEM 10.1    SF251              140814         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.

 

Council may wish to consider with some “away” meetings in the spring months.  There had previously been a request that Council meet at Argents Hill Hall.  It has also been some time since Council visited the Talarm community.  Council could visit these halls for its meetings on 25 September 2014 and 30 October 2014.

 

 

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

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

09/09/2014

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                                                                                                 14 August 2014

Assistant General Manager Corporate Services Report

ITEM 10.2    SF1991            140814         Investment Report To 31 July 2014

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2014 to 31 July 2014 is              $   144,298.40 (Cash Result)

Estimated Accrual interest up to 30.6.15 is                                          $1,492,222.65.

Anticipated interest return for financial year is                                      $1,636,521.05.

 

The budget allocation for the financial year “2014/15” is                       $1,315,100.00

 

Council currently has $34.802 Million invested:

·      $ 5.568    Million with Managed Funds,

·      $ 0.510    Million with On Call Accounts

·      $ 28.21    Million on Term Deposits

·      $ 0.516    Million in a Floating Rate Note.

 

This report details all the investments placed during July and Council funds invested as at 31 July 2014.

 

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

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

That the Accountant’s Report on Investments placed to 31 July 2014 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during July 2014 and Council funds invested as at July 2014.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2014/2015 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2014/2015 will be completed with the September 2014 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2014 Budget Review.  Variances will be distributed between the Water, Sewerage and General Funds for the first quarter of the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 14 August 2014

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1103            140814         Off River Storage Project - Compensation for landowners affected by infrastructure works

 

AUTHOR/ENQUIRIES:    Richard Spain, Manager Water and Sewerage         

 

Summary:

 

Works on the Off River storage project has impacted on landowners where additional bores and sections of the new transfer pipeline have been constructed on private property.  In order to maintain a right of access to operate and maintain the infrastructure into the future Council is required to purchase small parcels of land around the bores and acquire easements over the private property along the pipeline route.

 

In addition Council has been required to acquire easements for Essential Energy over power lines where works have been carried out to upgrade the power supply system.

 

Compensation has to be paid to the landowners affected by the acquisitions and easements in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

 

Council has engaged an independent valuer to make an assessment of the amount of compensation due to the affected landowners and prepare reports on the same.

 

Three of these valuations have now been completed and the valuation reports have been provided in a confidential report for Council’s information and consideration of paying compensation to the landowners in the amount determined in the report.

 

 

Recommendation:

 

1        That Council make offers of compensation to the affected land owners with properties designated as Lot 3 DP 253386, Lot 102 DP 809380 and Lot 1 DP 1076377 based on the amounts determined in the valuation reports prepared by Herron Todd White.

 

2        That Council provide the affected landowners with a draft copy of the easement plans and advise them that payment of compensation will be made once they sign the Administration Sheets associated with the Deposited Plan that is to be lodged with the Lands Titles Office.

 

3        That Council classify the new lots created for the two additional bores and acquired by Council as operational land.

 

 

OPTIONS:

 

No other option is proposed as the Land Acquisition (Just Terms Compensation) Act 1991 legislates how fair compensation must be determined.  Council has followed this process and is now in a position to make payment to the affected landowners

 

DISCUSSION:

 

Herron Todd White has been engaged by Council to prepare valuation reports for properties affected by the infrastructure works required for the Off River Storage Projects.

 

Valuation reports for the properties designated as Lot 3 DP 253386, Lot 102 DP 809380 and Lot 1 DP 1076377 have now been completed and a compensation amount determined in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

 

Council has also completed survey work and prepared plans and related Administration Sheets detailing all the easements required on the private properties.  The easements include those that Essential Energy has required Council to obtain as a result of upgrading power infrastructure to supply new installations associated with the Off River Storage project.

 

Council will be responsible for lodging the new deposited plans with the Lands Titles Office and paying all related costs.  The plans will not be accepted unless the accompanying Administration Sheets are signed by all affected parties.

 

As the plans are reasonably complicated draft copies have been lodged with the Lands Titles Office for preliminary assessment to check that no additional survey work is required and to ensure that any changes that may be required are completed prior to the plans being submitted with the signed Administration Sheets.

 

There are three remaining properties where compensation will be required to be paid.  The assessment of fair payment is more complicated and may involve negotiations for compensation for matters additional to those directly related to easements and acquisitions.  Herron Todd White is currently engaged to complete theses assessments also.

 

It is considered to be in Council’s best interest to resolve all matters related to easements and acquisitions and pay any compensation as determined in accordance with the Act as soon as practical.  Now that assessments have been completed for three of the affected properties it is recommended that Council make offers of compensation to these properties.

 

Some of the compensation relates to the acquisition of land for new bores that have been installed as part of the work.  The Office of Water requires Council to retain ownership of the land if it proposes to own and operate the bores.  Therefore the new deposited plan will include two new lots created around the new bores and dedicated to Council and these should be classified as operational land.

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Herron Todd White

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed compensation payments will have no impact on the environment.

 

Social

 

The proposed compensation payments no direct social impact.

 

Economic

 

The proposed compensation payments will have no direct economic benefit and are considered to be just compensation for works that have an impact on private landowners.

 

Risk

 

A proactive approach to the payment of compensation to affected landowners is considered to reduce Council’s risk of incurring additional costs that may otherwise be incurred in relation to settling these matters.

 

 


FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council has allocated funding in the 2014/15 budget for land matters associated with the Off River Storage project.  It is envisaged that all matters related to compensation will be settled in this financial year.

 

Source of funds and any variance to working funds

 

Funding to finalise the project is currently sourced from loans.

 

Service level changes and resourcing/staff implications

 

There are no implications related to levels of service and resourcing.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 14 August 2014

Assistant General Manager Engineering Services Report

ITEM 11.2    SF90                140814         Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

The agenda and minutes of the Nambucca Shire Traffic Committee meeting held on 5 August 2014 are attached for Council’s information and adoption.

 

 

Recommendation:

 

That Council:

 

1        receive and note the minutes of the Nambucca Shire Traffic Committee held on the 5 August 2014.

 

2        does not request the Roads and Maritime Services to carry out a further speed zone review of Valla Road with a view to reducing the speed limit for trucks or cars on Valla Road.

 

3        widens the intersection of Valla Road and Sullivans Road to allow through traffic to safely pass turning vehicles and also look at appropriate advanced warning signage for the intersection.

 

4        advise the quarry operator to develop an appropriate Code Of Conduct for truck drivers transporting quarry product on public roads and that the Code Of Conduct be referred to Council for endorsement.

 

5        approve the following road closures and advertise the road closures seven (7) days prior to the event as follows:

 

          Event:         Drag-Ens Hot Rod Display – Valla Rod Run

          Date:           27 September 2014

          Street:         Bowra Street and Mann Street, Nambucca Heads from West Street to Ridge                                     Street

          Time:          10.00am and 12.00pm

 

          Event:         Ford Falcon GT Show N Shine

          Date:           25 October 2014

          Street:         Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street

          Time:          8.00am and 12.30pm

 

          Event:         St Patricks School Fete

          Date:           14 November 2014

          Street:         Wallace Street, Macksville from Durkin Street to Boundary Street

          Time:          12.00 pm and 7.00pm

 

          subject to the following documentation being received by Council:

 

                   •                  Certificate of Currency for Public Liability Insurance;

                   •                  Traffic Management Plan confirming Accredited Traffic Controllers will be                                      on site, and

                   •                  Police approval for the road closure.

 

6        That Council replace the pedestrian crossing on Centenary Parade, Nambucca Heads with a school crossing with flags and blisters in a location closer to the Nambucca Heads High School entry.

7        That Council install compliant pram ramps either side of the school crossing to cater for all users.

 

8        That Council request Roads and Maritime Services consider providing a grant through the Safety Around Schools Program towards installing a new school crossing and removal of the redundant pedestrian crossing.

 

9        That the Local Traffic Committee recommends Council does not reinstall traffic calming devices on Valla Beach Road, South Valla due to certain vandalism.

.

 

 

OPTIONS:

 

Seek clarification or refer matters back to the Traffic Committee.

 

 

DISCUSSION:

 

Local Traffic Committee considered councils request to ask the Committee to reconsider the speed limit on Valla Road in light of the recent truck accident and public submissions, however the Local traffic Committee considered the posted speed limit of 80km/h is appropriate for the road environment road classification.

 

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

 

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

 

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

 

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

 

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

 

The members of the Committee met on 5 August 2014 and determined a number of matters as per the attached Agenda and Minutes. 

 

 

CONSULTATION:

 

·              Mr Daniel Boorman (Roads and Maritime Services)

·              Constable Owen Martin (NSW Police)

·              Mr Barry Duffus OAM (Local State Member Representative)

·              Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact as a result of the recommendations

 

Social

 

The recommendations aim to achieve an acceptable road environment for drivers and pedestrians

Economic

 

No economic impact as a result of the recommendations

 

Risk

 

Risks associated with the recommendations have been balanced with available funding and public acceptance

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Provision of matching funding for the school crossing approximately $10,000 and installation of warning signs on Valla Road approximately $500

 

Source of fund and any variance to working funds

 

Footpath construction and road safety budget allocations

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

21200/2014 - Agenda - Nambucca Shire Traffic Committee - 5 August 2014

 

  


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

NAMBUCCA SHIRE COUNCIL

 

Nambucca Shire Traffic Committee Meeting – 05 AUGUST 2014 COMMENCING AT 10.30AM AT COUNCIL’S ADMINISTRATION CENTRE

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

Nambucca Shire Traffic Committee Meeting - 3 June 2014............................................................ 6

4        MANAGER TECHNICAL Services Report

4.1     Valla Road - Heavy Vehicle Speed Limits............................... Error! Bookmark not defined.

4.2     Temporary Road Closure Application - Drag-Ens Hot Rod display, Ford Falcon GT Show 'N' Shine & St Patricks School Fete Spectacular, 2014................................. Error! Bookmark not defined.

4.3     Dangerous Location of Pedestrian Crossing - Centenary Parade Nambucca Heads Error! Bookmark not defined.

4.4     Traffic Management Valla Beach Road .................................. Error! Bookmark not defined.  

 

5        GENERAL BUSINESS

6        NEXT MEETING DATE – 7 OCTOBER 2014

7        CLOSURE

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

PRESENT

 

Keith Williams                           Nambucca Shire Council

Barry Duffus OAM                     Local State Member Representative

Snr Constable Craig Myles        NSW Police

Ian Shanahan                            Roads and Maritime Services

 

 

APOLOGIES

 

No apologies received.

 

 

Amendment TO MINUTES ARISING FROM COUNCIL RESOLUTION - 26 JUNE 2014:

 

Council at its meeting on 26 June 2014 resolved:

 

29/14 RESOLVED: (Hoban/Morrison)

 

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

 

330/14 Resolved:        (South/MacDonald)

 

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

 

331/14 Resolved:        (Ainsworth/MacDonald)

 

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

 

 

 

CONFIRMATION OF MINUTES

 

29/14  RESOLVED:

That the Committee note the adoption of the Minutes of the Meeting held on 1 April 2014

 

 

  Assistant General Manager Engineering Services Report

ITEM 4.1      RF204                030614      Delineation - Corner Short and Bellenger Streets, Nambucca Heads

30/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council install Give Way signs and associated line marking at the Bellenger Street approach to the intersection of Short Street, Nambucca Heads to clearly identify traffic priority.

 

That the Nambucca Shire Local Traffic Committee recommends that Council install dividing barrier lines on the Short Street approaches to the intersection with Bellenger Street.

 

 

 

 

ITEM 4.2      SF90                  030614      Hallidise Street and Charlton Street T-Intersection

31/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council installs a give way sign and line marking at the intersection of Hallidise Street and Charlton Street, Nambucca Heads as requested.

 

 

 

 

 

ITEM 4.3      SF90                  030614      Ridge Street Nambucca Heads - Speed Restrictions

32/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council given associated costs and questionable warrants, does not extend the High Pedestrian Activity 40 Area in Ridge Street Nambucca Heads to create a uniform speed zone along Ridge Street.

 

 

 

 

 

ITEM 4.4      SF95                  030614      Ridge Street Nambucca Heads - Parking Restrictions

33/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council replace the 1 hour parking restriction on Ridge Street, Nambucca Heads between Bowra and Kent Streets, with a 15 minute restriction to create a higher turnover of available parking for the 3 bays.

 

 

 

 

 

ITEM 4.5      SF90                  030614      Florence Wilmont Drive Speed Limit

34/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council note a delegation outlining community concerns regarding speed limits and traffic problems at Kingsworth Estate has been deferred to the next meeting..

 

 

 

 

 

ITEM 4.6      SF1009              030614      Valla Road - Heavy Vehicle Speed Limits

35/14 RESOLVED:

 

That the Nambucca Shire Local Traffic Committee recommends that Council does not consider it necessary to reduce the speed limit for trucks on Valla Road as the traffic counters suggest heavy vehicle compliance with the posted speed limit.

 

 

 

 

 

ITEM 4.7      SF565                030614      Temporary Road Closure Application - Volkswagen Spectacular 2 August 2014

36/14 RESOLVED:

 

1        That the Nambucca Shire Local Traffic Committee recommends that Council approve the road closure for the Volkswagen Spectacular event subject to the following documentation being received by Council:

 

          Certificate of Currency for Public Liability Insurance;

          Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

          Police approval for the road closure.

 

2        That the Nambucca Shire Local Traffic Committee recommends that Council advertise the road closure seven (7) days prior to the event as follows:

 

          Event:         Volkswagen Spectacular

          Date:           2 August 2014

          Street:         Bowra Street, Nambucca Heads from Palmer Street to Ridge Street

          Time:          8.00am and 1.00pm

 

 

 

 

 

ITEM 4.8      SF1855              030614      Macksville Town Centre Revitilisation - Traffic Management

37/14 RESOLVED:

 

The Nambucca Shire Local Traffic Committee (LTC) recommends that Council note the following LTC recommendations when considering the implementation of Local Area Traffic Management Improvements as part of the Macksville Town Centre Revitalisation Project:

 

a)   The proposed roundabout at the intersection of River Street and the Pacific Highway is not appropriate at this location.

 

b)   Consider the installation of a speed hump at the intersection of Princess Street and River Street to slow vehicles entering the River Street Precinct.

 

c)   Proposed landscaping treatments need to:

 

      i       allow minimum sight distance envelopes to pedestrians and road users

      ii      cater for larger vehicle turning paths at intersections

 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on 5 August 2014 commencing at 10.30am.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 11.45 am. 

 

 

 

 

 

(CHAIRPERSON)

 

           


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

Engineering Services

ITEM 4.1      SF90                050814         Valla Road - Heavy Vehicle Speed Limits

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

At the Local Traffic Committee on 3 June 2014 a request was considered for a reduction in the speed limit on Valla Road between Valla Quarry and the Pacific Highway.  The committee recommendation to Council was “That Council does not consider it necessary to reduce the speed limit for trucks on Valla Road.” particularly given the lack of accident history and recent speed zone review carried out by Roads and Maritime Services which recommended a reduction in the speed limit to 80km/h.

 

Prior to Council considering the adoption of the Local Traffic Committee minutes an accident occurred on Valla Road when a westbound truck jack-knifed before veering onto the wrong side the road.  In light of the accident and submissions from local residents, Council resolved as follows:

 

“That Council receive and note the minutes of the Nambucca Shire Traffic Committee held on 3 June 2014 with the exception of recommendations 8 and 6 and ask the Committee to reconsider the speed limit on Valla Road in light of the recent truck accident and public submissions.”

 

 

Recommendation:

 

1        That the Nambucca Shire Local Traffic Committee recommends that Council does not reduce the speed limit for trucks or cars on Valla Road

 

2        That the Nambucca Shire Local Traffic Committee recommends that Council widens the intersection of Valla Road and Sullivans Road to allow through traffic to safely pass turning vehicles.

 

 

OPTIONS:

 

1        Request Roads and Maritime Services consider a lower speed limit for trucks on Valla Road.

 

2        Advise Quarry operator to develop an appropriate code of conduct for truck drivers transporting Quarry product on public roads and that the code of conduct be referred to Council for endorsement.

 

 

DISCUSSION:

 

Concerned residents seek a reduction in the speed limit on Valla Road between the quarry and the highway as a means of controlling what they believe to be the excessive speed at which trucks travel along the road. Council have been advised that on many occasions speeding trucks cross the centreline, including where there is an unbroken centreline.

 

Local residents suggest “the speed limit is not suitable for the road conditions hence the trucks are not able to stay completely on the correct side of the road at all times which leads to dangerous situations – so if the speed limit was reduced it would have to have some impact on reducing these hazardous situations from arising.”

 

There has been a request for a differential speed limit signposted, i.e. a lower speed for trucks – say 60km/hr with the cars in accordance with the existing signposted 80km/h.  This may however create a greater hazard whereby impatient motorists will attempt to overtake slower moving trucks at dangerous locations.  

 

The following traffic count results recorded in May 2014 suggest light vehicle noncompliance with the existing speed limit:

 

·           Vehicles exceeding the speed limit = 80%

·           Maximum speed = 160km/h

·           Median speed 88km/h

 

Since the truck accident Council has received 7 written submissions requesting and demanding Council reduce the speed limit on Valla Road suggesting “There is no room for error” and further “If nothing is done someone’s death will be on all your heads” (directed at Councillors).

 

The truck accident occurred when the driver was momentarily distracted when he was retrieving a dislodged mobile phone and he over corrected the vehicle after it hit a road side culvert.  The truck jack knifed and came to a rest on the opposite side of the road after colliding with the embankment.  The company suggests the accident would not have happened if the speed limit was lower.

 

Valla Quarry is supportive of reducing the heavy vehicle speed limit to 60 km/h on Valla Road.  The numbers of heavy vehicles leaving the quarry have slightly increased over the past 12 months due to increased production.

 

There are further concerns for motorists turning right into Sullivans Road from Valla Road as they feel vulnerable as trucks approaching from the east have little sight distance to motorists waiting to leave the intersection.  There is insufficient room on the inside of the turning motorists for trucks to manoeuvre through the intersection. 

 

 

CONSULTATION:

 

Quarry Solutions Pty Ltd

Valla Residents

Local Traffic Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental issues.

 

Social

 

Lower speeds may be more acceptable to some local residents, however others may become impatient if they are stuck behind a truck travelling at lower speeds.

 

Economic

 

No impact

 

Risk

 

There is always a risk of further accidents as with all roads.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

$30,000 to widen and improve safety the intersection of Valla and Sullivans Road.

 

Source of fund and any variance to working funds

 

Fixing Country Roads Application through NSW Transport (Expressions of Interest)

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

20584/2014 - Bluedog Earthmoving Incident Report

 

  


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 



Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.2      SF565              050814         Temporary Road Closure Application - Drag-Ens Hot Rod display, Ford Falcon GT Show 'N' Shine & St Patricks School Fete Spectacular, 2014

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received requests for temporary road closures for the following 3 events.

 

·              Drag-Ens Hot Rod Display               27 September 2014

·              Ford Falcon GT Show N Shine                   25 October 2014

·              St Patricks School Fete                             14 November 2014

 

The applicants have requested the closure of local streets during the events

 

 

Recommendation:

 

1        That the Nambucca Shire Local Traffic Committee recommends that Council approve the following road closures subject to the following documentation being received by Council:

 

·          Certificate of Currency for Public Liability Insurance;

·          Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·          Police approval for the road closure

 

2        That the Nambucca Shire Local Traffic Committee recommends that Council advertise the road closures seven (7) days prior to the event as follows:

 

          Event:         Drag-Ens Hot Rod Display – Valla Rod Run

          Date:           27 September 2014

Street:         Bowra Street and Mann Street, Nambucca Heads from West Street to Ridge Street

          Time:          10.00am and 12.00pm

 

          Event:         Ford Falcon GT Show N Shine

          Date:           25 October 2014

          Street:         Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street

          Time:          8.00am and 12.30pm

 

          Event:         St Patricks School Fete

          Date:           14 November 2014

          Street:         Wallace Street, Macksville from Durkin Street to Boundary Street

          Time:          12.00 pm and 7.00pm

 

 

OPTIONS:

 

1        Refuse the application for road closures.

 

2        Approve road closure for the events.

 

 

DISCUSSION:

 

Council has received a request for temporary road closure of:

 

Bowra Street and Mann Street, Nambucca Heads from West Street to Ridge Street - 10.00am to 12.00pm, 27 September 2014 for the Drag-Ens Hot Rod Display – Valla Rod Run.

 

Bowra Street, Nambucca Heads from Rosedale Street to Ridge Street - 8.00am to 12.30pm, 25 October 2014, for the Ford Falcon GT Show N Shine.

 

Wallace Street, Macksville from Durkin Street to Boundary Street - 12.00 pm and 7.00pm, 14 November 2014 for the St Patricks School Fete

 

The events have all been held previously with no incidents and all approvals will be in place.

 

 

CONSULTATION:

 

Valla Rod Run – Paul Wide

Ford Falcon GT Show N Shine – Jonathon Gilbert

St Patricks School Fete – Matthew Harper

NSW Police

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There is no impact on the environment.

 

Social

Car displays and school fetes draw large crowds to the events

 

 

Economic

These events contribute to the local economy in an indirect way.

 

Risk

There is minimal risk to road users and the events have been held previously with no incidents.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

 

Attachments:

1

17758/2014 - Application for Event on Roads -  Drag-Ens Hot Rod Display 27 September 2014 

 

2

19927/2014 - Application for Activities and Events on Roads - Ford Falcon GT Show N Shine 25 October 2014

 

3

17497/2014 - Application for Activity & Event on Road and Certificate of Currency - St Patricks School Fete on 14 November 2014

 

  


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 


















Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 












Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 















Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.3      RF43                050814         Dangerous Location of Pedestrian Crossing - Centenary Parade Nambucca Heads

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Frank Partridge VC Primary School P&C Committee has advised of a safety issue for children using the pedestrian crossing on Centenary Parade, Nambucca Heads.

 

 

Recommendation:

 

1        That Council replace the pedestrian crossing on Centenary Parade, Nambucca Heads with a school crossing with flags in a location closer to the Nambucca Heads High School entry.

 

2        That Council install compliant pram ramps either side of the school crossing to cater for all users.

 

3        That Council request Roads and Maritime Services consider providing a grant towards installing a new school crossing and removal of the redundant pedestrian crossing.

 

 

OPTIONS:

 

Retain the existing pedestrian crossing layout.

 

 

DISCUSSION:

 

This issue emanates from complaints received by the Frank Partridge P&C by parents who have been involved in incidents where vehicles failed to give way to them at the crossing.  Several other parents added to the complaints by recalling similar incidents in which they were involved or had observed.

 

A second issue, which arose at the meeting, involved the same pedestrian crossing and its non-existent disabled access.  A practice school evacuation drill for bushfires included 3 support classes for special need students some of whom are in wheelchairs and some have varying mobility issues.  The fact that there was no disability access was not noted until they arrived at the crossing.  The alternative was to use private driveways and roads to reach the nominated evacuation safety zone at E J Biffin Sports Ground.

 

The matter was discussed at the Local Traffic Committee meeting on 3 June 2008 where it was resolved to liaise with the local schools in Centenary Parade with a view to replacing the pedestrian crossing with a school crossing with flags in a location closer to the Nambucca Heads High School entry and to seek their opinion to the abovementioned recommendation or any input they would like to provide.

 

Unfortunately no response was received from any of the schools until earlier this year where the matter has been bought to Council’s attention again.

 

The pedestrian crossing is located adjacent to a raised platform within the road carriageway.

 

Reports suggest most drivers are unaware the crossing exists as the pedestrian crossing road markings and the platform road markings blend in to appear as one.  The fear is a child or parent will be run over by an unsuspecting motorist.

 

An on-site inspection revealed advanced warning signs on the approaches and appropriate warning signage at the crossing, albeit lost within the warning signs for the speed ramp.

 

The schools have now made a joint submission for Council to bring the matter to the Local Traffic Committee, lodged by Colin McCurley on behalf of Frank Partridge VC P&C and Nambucca Valley Christian Community School, and Alison Daley on behalf of Nambucca Heads High School P&C.

 

 

CONSULTATION:

 

Frank Partridge VC P&C

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental issues.

 

Social

 

No social issues.

 

Economic

 

No economic issues.

 

Risk

 

There is a risk of a vehicle/pedestrian collision if a motorist fails to recognise the pedestrian crossing.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Possibly $20,000 depending on RMS grant funding.

 

Source of fund and any variance to working funds

 

Council’s footpath construction funding.

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

20606/2014 - Safety Concerns - Pedestrian Crossing Centenary Parade, Nambucca Heads

 

  


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

FRANK PARTRIDGE V. C.

                        PUBLIC SCHOOL P & C ASSOCIATION

                      CENTENARY PARADE, NEWVILLE, NAMBUCCA HEADS

SUBMISSION

 

To                        Nambucca Shire Council

From (Jointly)    Frank Partridge VC Public School

                             Nambucca Heads High School

                             Nambucca Valley Christian Community School

 

Reference         Pedestrian Crossing Centenary Parade – Safety Concerns

This issue emanates from complaints received by the Frank Partridge P&C by parents who have been involved in incidents where vehicles failed to give way to them at the crossing.  Several other parents added to the complaints by recalling similar incidents in which they were involved, and others by incidents which they had observed.                                                                                 

A second issue, which arose at the meeting, involved the same pedestrian crossing and its non-existent disabled access.  A practice school evacuation drill for bush fires, included three support classes for special need students, some of whom are in wheelchairs and some have varying mobility issues.   The fact that there was no disability access was not noted until they arrived at the crossing.  The alternative was to use private driveways and roads to reach the nominated evacuation safety zone at E.J.Biffen Sports Ground.    

Both of these issues involve serious safety issues for school children and adults.

In a written response from your Council Technical Services, we were advised that the matter of the same pedestrian crossing was raised at the Local Traffic Committee in June 2008.  The Committee recommended liaison with the local schools with a view to replacing the pedestrian crossing with a school crossing with flags in a location closer to the High School entry.

Council contacted the three affected schools in 2008 seeking further comment to the recommendation. No replies were received.

As laypersons, we affirm that the 2008 replacement option to be an acceptable option, if not the only suitable option.  We also wish to note that Council has been proactive with the provision of the pedestrian fluorescent crossing signs, and along with Roads and Maritime Services have both been cooperative in our attempts to provide a safer crossing.  We are, therefore, providing this joint submission for Council to bring the matter to the Local Traffic Committee.

Lodged by

Colin McCurley on behalf of Frank Partridge VC P&C, and Nambucca Valley Christian Community School

and

Alison Daley on behalf of Nambucca Heads High School P&C

 

Colin McCurley

417 Newee Creek Road

Newee Creek  NSW  2447

Phone: 02 6564 7010


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 

Assistant General Manager Engineering Services Report

ITEM 4.4      SF90                050814         Traffic Management Valla Beach Road

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Following Council’s adoption of a Local Traffic Committee recommendation, speed humps have been installed on the Valla Beach Road approach to South Beach on 2 occasions.  On both occasions they have been removed, presumably by motorists who did not appreciate them.

 

Council have now received a petition from residents and visitors requesting the installation of a pedestrian path and not speed humps.

 

 

Recommendation:

 

That the Local Traffic Committee recommends Council does not reinstall traffic calming devices on Valla Beach Road, South Valla due to certain vandalism.

 

 

OPTIONS:

 

1        Reinstall traffic calming measures on Valla Beach Road, until a pedestrian path has been constructed

 

2        Narrow traffic lanes to 3m to provide for a 1m pedestrian path delineated by linemarking and guideposts

 

 

DISCUSSION:

 

Valla Beach Road Valla Beach

 

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

 

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

 

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

 

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

 

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

 

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

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

 

The cost involved for the installation of a 50mm high speed hump 6m in length is approximately $1,175.00 per 6m length of speed bump and signage, say $4,000 for 3 sets.

 

At its meeting of 16 October 2013, Council adopted a Local Traffic Committee recommendation as follows:

 

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

 

The speed humps were subsequently installed on Valla Beach Road earlier this year on the hill down to the beach at the request of community members who were concerned about the safety of pedestrians. The idea was to slow traffic down. They have been vandalised twice so Council is reluctant to throw more money away.  Therefore the community will have to wait for a longer term, but much more costly, solution of installing a pedestrian pathway.

 

Petition

 

A petition has been submitted to Council, 22 July 2014 with approximately 350 signatures advising that “We do not want the speed bumps replaced at South Valla and we do want a safe pedestrian path built instead.”

 

It is unfortunate that the speed humps needed to be vandalised in the first place, the first set of humps could be negotiated by vehicles at a lower speed without much difficulty, the second set of asphalt humps were more severe and did not stand a chance.

 

Until sufficient funds are available to build a separate path, the safety of pedestrians will remain in limbo. Council allocated $25,000 from the Environmental Levy toward an action in the draft Crown Reserve Management Plan for Valla Beach which is the design and construction of a pedestrian access from near the Beach House café to South Valla Beach, however, actual construction may be some time away.

 

 

CONSULTATION:

 

Valla Beach Community Association

General Manager

Concerned residents

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental Impact.

 

Social

 

The recommendation would be welcomed by objectors to the speed humps, however pedestrians will need to wait for a safer alternative.

 

Economic

 

No economic Impact.

 

Risk

 

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

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No impact on current budgets, however there will be an impact on future budgets if the footpath is going to be constructed

 

Source of fund and any variance to working funds

 

Council’s working fund or grant applications

 

Service level changes and resourcing/staff implications

 

Nil

Attachments:

1

22431/2013 - Request from VBCA for a shared zone

 

  


Ordinary Council Meeting - 14 August 2014

Nambucca Shire Traffic Committee Meeting Minutes - 5 August 2014

 


 

21st May 2013

 

General Manager

Nambucca Shire Council

PO Box 177

Macksville

NSW 2447

 

 

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

 

Dear Michael,

 

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

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

 

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

 


Yours sincerely

 

Mel

 

Melvyn Best

Secretary

Valla Beach Community Association

Ph 6569 6736 mob 0421 053 343

 

 

 

 

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

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

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

   


Ordinary Council Meeting                                                                                                 14 August 2014

Assistant General Manager Engineering Services Report

ITEM 11.3    SF453              140814         Waste Management Quarterly Report April - June 2014

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer         

 

Summary:

 

Council resolved to receive a quarterly report on the status of waste management issues for the Nambucca Shire and this report covers the period April to June 2014.

 

 

Recommendation:

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period April - June 2014.

 

 

OPTIONS:

 

For information only

 

 

DISCUSSION:

 

CCWS Kerbside Waste Collection Services

 

Kerbside collections for the last quarter being 1 April to 30 June 2014 across the Coffs Coast region indicated the hotline received a total of 2648 calls during the period for the whole regional area.

 

Nambucca Shire had a total of 8127 properties receiving a waste collection service, 15 new services were implemented with repairs/damaged or stolen bins totalling 30. A total of 2,114.36 tonnes of kerbside and transfer station materials were collected and transported for reprocessing at the Coffs Coast Resource Recovery Park from the Nambucca Shire.

 

Kerbside bulky goods collections were undertaken throughout the Nambucca Shire during June of the quarter with all materials collected being received at Nambucca Landfill for disposal.

 

The table below reflects Nambucca Shire’s waste streams and tonnages over the last quarter:

 

Waste Stream

Source

Tonnes

Destination

Co-mingled recycling

Kerbside

531.92

CCWS Recycling Facility

Greenwaste organics

Kerbside

722.94

CCWS Biomass Facility

Mixed waste

Kerbside

674.14

CCWS Biomass Facility

Bulky goods

Kerbside

175.78

Nambucca Landfill

Reject & residual

Kerbside

243.62

Coffs Harbour Landfill

Co-mingled recycling

Transfer station

70.78

CCWS Recycling Facility

Greenwaste organics

Transfer station

56.90

CCWS Biomass Facility

Mixed waste

Transfer station

57.68

CCWS Biomass Facility

Batteries

Transfer station

2.83

Matthews Metal Management

Scrap metal

Transfer station

162.76

Matthews Metal Management

Gas bottles (kg’s)

Transfer station

475

Transpacific Industries

Hazardous chemicals (kg’s)

Transfer station

1672

Transpacific Industries

Motor oil (lts)

Transfer station

3000

Australian Waste Oil

Chemical containers (farm drums)

Transfer station

61

Drum Muster

Concrete & masonry

Transfer station

171.00

Reprocessing at Nambucca Landfill

E-waste

Self Hauled

4.05

Matthews Metal Management

Asbestos

Self Hauled

17.62

Nambucca Landfill

Biosolids (grit)

Self Hauled

12.32

Nambucca Landfill

Building demolition

Self Hauled

393.68

Nambucca Landfill

Clean fill

Self Hauled

21.64

Nambucca Landfill (daily cover)

Commercial domestic waste

Self Hauled

14.02

CCWS Biomass Facility

Commercial building waste

Self Hauled

98.96

Nambucca Landfill

Dead animals (small)

Self Hauled

0.18

Nambucca Landfill

 

The table below reflects the successful charities that applied under Councils Donations Policy and the disposal tonnages from each organisation for the last quarter.

 

Charitable Organisation

Source

Tonnes

Destination

Charity Anglican Opp Shop

Self Hauled

2.76

Nambucca Landfill

Charity Anglican Parish

Self Hauled

0.20

Nambucca Landfill

Charity Camp Quality

Self Hauled

3.32

Nambucca Landfill

Charity Care & Ware

Self Hauled

3.30

Nambucca Landfill

Charity Salvation Army

Self Hauled

7.56

Nambucca Landfill

 

Total

17.14

 

 

The table below reflects Nambucca Shire’s waste streams and tonnages for the 2013-14 financial year.

 

Waste Stream

Source

Tonnes

Destination

Co-mingled recycling

Kerbside

2072.09

CCWS Recycling Facility

Greenwaste organics

Kerbside

2900.58

CCWS Biomass Facility

Mixed waste

Kerbside

2950.22

CCWS Biomass Facility

Bulky goods

Kerbside

439.28

Nambucca Landfill

Reject & residual

Kerbside

1082.82

Coffs Harbour Landfill

Co-mingled recycling

Transfer station

301.54

CCWS Recycling Facility

Greenwaste organics

Transfer station

226.48

CCWS Biomass Facility

Mixed waste

Transfer station

288.24

CCWS Biomass Facility

Batteries

Transfer station

10.09

Matthews Metal Management

Scrap metal

Transfer station

374.88

Matthews Metal Management

Gas bottles (kg’s)

Transfer station

1629

Transpacific Industries

Hazardous chemicals (kg’s)

Transfer station

3835.50

Transpacific Industries

Motor oil (lts)

Transfer station

6600

Australian Waste Oil

Chemical containers (farm drums)

Transfer station

140

Drum Muster

Concrete & masonry

Transfer station

488.82

Reprocessing at Nambucca Landfill

E-waste

Self Hauled

16.72

Matthews Metal Management

Asbestos

Self Hauled

64.48

Nambucca Landfill

Biosolids (grit)

Self Hauled

51.16

Nambucca Landfill

Building demolition

Self Hauled

1532.11

Nambucca Landfill

Clean fill

Self Hauled

93.28

Nambucca Landfill (daily cover)

Commercial domestic waste

Self Hauled

41.92

CCWS Biomass Facility

Commercial building waste

Self Hauled

364.70

Nambucca Landfill

Dead animals (small)

Self Hauled

1.50

Nambucca Landfill

 

The table below reflects the successful charities that applied under Councils Donations Policy and the disposal tonnages from each organisation for the last financial year 2013/14.

 

Charitable Organisation

Source

Tonnes

Destination

Charity Anglican Opp Shop

Self Hauled

13.36

Nambucca Landfill

Charity Anglican Parish

Self Hauled

1.26

Nambucca Landfill

Charity Camp Quality

Self Hauled

5.68

Nambucca Landfill

Charity Care & Ware

Self Hauled

12.48

Nambucca Landfill

Charity Salvation Army

Self Hauled

33.96

Nambucca Landfill

 

Total

66.74

 

 

The kerbside contamination program continued throughout the quarter with some properties in the following areas identified in the table below having contamination warnings issued:

 

Date

Address

Suburb

Bin

Offence No

Comment

07.04.2014

Pacey Street

Nambucca Heads

Green

1st

Contaminated

07.04.2014

Thistle Street

Nambucca Heads

Green

1st

Contaminated

08.04.2014

Mann Street

Nambucca Heads

Green

1st

Contaminated

10.04.2014

Warrell Waters Road

Gumma

yellow

1st

Contaminated

14.04.2014

Royale Court

Nambucca Heads

Green

1st

Contaminated

14.04.2014

Cottage Close

Nambucca Heads

Green

1st

Contaminated

21.04.2014

Bellwood Drive

Nambucca Heads

Green

1st

Contaminated

21.04.2014

Stringer Street

Nambucca Heads

Green

1st

Contaminated

21.04.2014

John Avenue

Nambucca Heads

Green

1st

Contaminated

22.04.2014

Charlton Street

Nambucca Heads

Green

1st

Contaminated

28.04.2014

Fennell Crescent

Nambucca Heads

Yellow

1st

Contaminated

29.04.2014

Blue Gum Street

Nambucca Heads

Yellow

2nd

Contaminated

29.04.2014

Mann Street

Nambucca Heads

Green

1st

Contaminated

05.05.2014

Banksia Crescent

Nambucca Heads

Yellow

1st

Contaminated

05.05.2014

Bellwood Drive

Nambucca Heads

Yellow

1st

Overweight

06.05.2014

Charlton Street

Nambucca Heads

Green

1st

Contaminated

12.05.2014

Riverside Drive

Nambucca Heads

Green

1st

Contaminated

13.05.2014

Thornbill Glen

Nambucca Heads

Green

1st

Contaminated

13.05.2014

Banyandah Road

Hyland Park

Green

1st

Contaminated

15.05.2014

Gillett Close

Macksville

Green

1st

Over weight

19.05.2014

Alexandra Drive

Nambucca Heads

Green

1st

Contaminated

21.05.2014

Tallowood Terrance

Valla

Green

1st

Over weight

23.05.2014

West Street

Macksville

Yellow

1st

Over weight

27.05.2014

Whaites Street

Nambucca Heads

Green

1st

Contaminated

27.05.2014

Newry Street

Nambucca Heads

Green

1st

Contaminated

02.06.2014

Banksia Crescent

Nambucca Heads

Green

1st

Contaminated

03.06.2014

Wellington Drive

Nambucca Heads

Green

1st

Contaminated

16.06.2014

Seaview Street

Nambucca Heads

Yellow

1st

Over weight

23.06.2014

Bismark Street

Nambucca Heads

Green

1st

Contaminated

23.06.2014

Centenary Parade

Nambucca Heads

Green

1st

Contaminated

24.06.2014

Bellenger Street

Nambucca Heads

Green

1st

Contaminated

24.06.2014

Charlton Street

Nambucca Heads

Green

1st

Contaminated

24.06.2014

Lee Street

Nambucca Heads

Green

1st

Contaminated

24.06.2014

Palmer Street

Nambucca Heads

Green

1st

Over weight

30.06.2014

Ridge Street

Nambucca Heads

Green

1st

Contaminated

 

CCWS Materials Recovery Facility

 

The table below reflects the Coffs Coast regional recycling tonnages processed through the Materials Recovery Facility (MRF) during the quarter at Coffs Coast Resource Recovery Park. Contamination levels range seasonally between 4% and 9% and ongoing current markets for recovered glass fines are still being developed:

 

Tonnes Processed

Usable Product

Total Waste

Glass Waste

Days of Operation

4,011.04

3,644.12

366.92

109.38

63

 

CCWS Educational Activities

 

The tables below reflect the Coffs Coast Waste Services educational activities carried out during the last quarter:

 


Education

 

Month

School or Group

No’s Attending

April 2014

Nil – New Education Officer Commenced

Nil

May 2014

Coffs Christian Community High School

90

 

Boambee Public School

95

 

Bishop Druitt College - Recycling Assessment

N/A

 

Bellingen High School – Recycling Assessment

N/A

June 2014

Coffs Home Education Network

40