NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 October 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 - 16 October 2014

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 25 September 2014............................................................................. 6

5        NOTICES OF MOTION

5.1     Notice of Motion - Reqest for Leave 7 to 31 October 2014 (SF1228)................................. 18  

6        DELEGATIONS

9.4     Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

          (i)       Cheryl Stevens – Resident of Caravan Park

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.................................................................................... 19

9.2     Nambucca Heads Skate Park.......................................................................................... 26

9.3     Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve......................... 38

9.4     Transfer of Encroachment Licence from Shibba to Dennien –

          26 Swimming Creek Rd, Nambucca Heads--DELEGATION .............................................. 54

9.5     Staff Training................................................................................................................ 120

9.6     Alterations to Existing Scotts Head Caravan Park - DA 2014/083..................................... 127

9.7     Environmental Levy....................................................................................................... 152

9.8     Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach

          Road from Community to Operational Land.................................................................... 155

9.9     Outstanding DA's greater than 12 months, applications where

          submissions received not determined from 3 September to

          17 September 2014....................................................................................................... 162

9.10   Construction And Complying Development Certificates

          Approved September 2014............................................................................................ 163

9.11   2014 September - Development and Complying Development

          Applications Received.................................................................................................. 168

9.12   Minutes of the Access Committee meeting held 23 September 2014................................ 171

9.13   Gumma (Boulton's Crossing) Reserve............................................................................ 175

9.14   Council Ranger's Report September 2014...................................................................... 177

9.15   Appointment of Assistant General Manager Engineering Services

          to the Board of IPWEA (Institute of Public Works Engineering

          Australasia - NSW Division)........................................................................................... 183

10      Assistant General Manager Corporate Services Report

10.1   Grant Application Status Report ................................................................................... 185

10.2   Argents Hill Hall Committee of Management –

          Minutes of Annual General Meeting - 8 September 2014.................................................. 188

10.3   Schedule of Council Public Meetings............................................................................. 194

10.4   EJ Biffin Playing Fields Committee of Management AGM –

          29 September 2014 - Minutes........................................................................................ 195

10.5   Investment Report To 30 September 2014...................................................................... 204

11      Assistant General Manager Engineering Services Report

11.1   Review into Weed Management - Natural Resources Commission ................................... 209

11.2   Noxious Weeds Management Report on Activities 2013 - 2014........................................ 241

11.3   Request for donation of seat shelters for the unoffical

          rest area on Link Road Nambucca Heads by the Lions Club

          of Nambucca Heads..................................................................................................... 247

11.4   New Draft Policy - Local Approvals Policy..................................................................... 251    

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

12.1   Nambucca Heads Skate Park - Deed of Settlement and Deed of Release

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

12.2   Off River Storage Project _ Compensation For Landowners Affected By Infrastructure Works

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.

 

12.3   Sale of Land for Overdue Rates and Charges

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.

TIME

 

DESCRIPTION

 

WHERE

 

LEAVE COUNCIL AT 3.00 pm

Item 9.13 - Gumma Reserve Inspection

Gumma Reserve

4.00

Item 9.2 – Nambucca heads Skate Park

Nambucca Heads

4.30 pm

Item 11.3 - Request for donation of seat shelters for the unofficial rest area on Link Road …

Nambucca Heads

 

 

 


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 25 September 2014

The following document is the minutes of the Ordinary Council meeting held on 25 September 2014.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 16 October 2014 and therefore subject to change.  Please refer to the minutes of 16 October 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)

 

 

PRESENTATION TO WOOD FIRE COLOURING-IN COMPETITION WINNERS

 

The Mayor congratulated Miss Emily Piipari and presented her with a Winner Certificate and Wish Gift Card.  Miss Piipari is one of three local winners of the Wood Fire Colouring-in Competition which was part of the Woodsmoke Campaign.  The other two local winners (Nikita Short and Luka Quinn) were not in attendance.

 

 

PRAYER

 

The Rev Bernard Davidson from The Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor JA Ainsworth declared a non-pecuniary less significant conflict of interest in Item 9.7 DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla under the Local Government Act as Cr Ainsworth states the son of a distant relative makes the occasional and irregular collection of material from the Quarry on behalf of local trade persons.

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Items 9.7 and 12.3 DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla under the Local Government Act as Cr Hoban was involved in negotiating the original conditions of consent prior to becoming a Councillor.  Cr Hoban left the meeting for this item.

 

Councillor K MacDonald declared a pecuniary interest in Item 9.11 Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group under the Local Government Act as Cr MacDonald’s sister is employed by the Nambucca Valley Children’s Group.  Cr MacDonald left the meeting for this item.

 

Councillor B Morrison declared a pecuniary less significant conflict of interest in Item 11.2 Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road, Nambucca Heads, by the Lions Club of Nambucca Heads under the Local Government Act as Cr Morrison is a member of the Lions Club of Nambucca Heads.  Cr Morrison holds no Executive position in the Club and is not involved in any decision making committees.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 September 2014

 

453/14 RESOLVED:        (Smyth/Morrison)

 

That the minutes of the Ordinary Council Meeting of 11 September 2014  be confirmed.

 

 

 

DELEGATIONS

 

Resolved:          (Flack/Smyth)

 

That the following delegations be heard:

 

9.7          DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104  DP 1118337, 491 Valla Rd Valla 

i)   Mr Peter Sobey—Objector

ii)  Ms Susan Jenvey—Objector

iii)  Mr Clayton Hill and Mr Ross Smith - Groundwork Plus - available to answer questions

 

9.10   Macksville Senior Citizens Centre - Handover of Day to Day Operations to Council Staff

     i)    Mrs Kay Donnelly – available to answer questions

 

11.2       Request for donation of seat shelters for the unofficial rest area on Link Road     Nambucca Heads by the Lions Club of Nambucca Heads

i)   Mr Don Parveez - on behalf of Lions Club of Nambucca Heads

 

 

 

The Mayor left the meeting 5.37 pm.  The Deputy Mayor, Cr Ainsworth, took the Chair for the duration of this Item.  The Mayor returned to the Chair after the conclusion of this item at 6.16 pm.

 

Mr Sobey addressed Council making the following points:

 

Mrs Susan Jenvey addressed Council making the following comments:

 

Mr Hill and Mr Smith addressed Council making the following points:

 

 

ITEM 9.7      DA2001/096        250914      DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla 

454/14 RESOLVED:        (Flack/Finlayson)

 

1        That the 12 month review aspect of condition 12 be removed and that council issue a time limited consent for the annual extraction of 79,500 cubic metres (in situ) per annum for a period of five years after which the consent reverts to the original extraction rate of 50,000 m3 (in situ) per annum.

 

2        That except in circumstances where urgent blasting is required for reasons of safety only, notification, advising two days prior to any blasting being undertaken on the site, shall be made to Council and the occupiers of properties within a 2km radius of the site by means acceptable to the occupiers, being telephone, e-mail or letter. Notification procedures are to be specified in the EM&RP. In the event that urgent blasting takes place for safety reasons the applicant shall notify the Council in writing of the reasons for such blasting and its nature, within 24 hours of the blasting occurring.

 

For the motion:       Councillors  Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth, MacDonald and South                (Total 8).

Against the motion: - Nil

 

 

 

DELEGATONS continued.

 

ITEM 9.10    SF318                250914      Macksville Senior Citizens Centre - Handover of Day to Day Operations to Council Staff

455/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council advise the Macksville & District Senior Citizens Club Inc. that it will assume responsibility for the day to day management of the Macksville Senior Citizens Centre and acknowledge that the Club’s usage of the facility will have a higher priority over any other users.  Further that Council accept the usage arrangements nominated by the Club in their letter of 25 August 2014 including that they not be subject to hire fees nor charges for electricity or the like.

 

2        That Council formally extinguish the Section 355 Committee of Management for the    Macksville Senior Citizens Centre.

 

3        That Council thank the Macksville Senior Citizens Club for their years of service in operating the Macksville Senior Citizens Centre.

 

 

 

DELEGATIONS continued

 

Mr Don Parveez addressed Council making the following comments:

 

·    He is a member of Lions of Nambucca Heads

·    The Lions Club paid for concrete slabs on which seats are placed at the rest area

·    Lions endeavour to continue beautification of Nambucca Heads eg installation and maintenance of barbeques, maintenance of flower beds, shelter at lookouts, concrete paths, tables and chairs at Vee Wall beach etc

·    The Link Road is considered a focal point for the town and they have improved and maintained the site

·    Two shelters in Council’s depot, Lions will install if Council deliver

·    Cost of shelters are $5000 each

·    Council advised shelters should be uniform, but Lions question why as this is not current practice around the Shire

·    This entrance to Nambucca Heads is considered the worst entrance to any town in Valley…wish to make it a better place to visit.

 

ITEM 11.2    SF952                250914      Request for Donation of Seat Shelters for the Unofficial Rest Area on Link Road Nambucca Heads by the Lions Club of Nambucca Heads

Motion:      (Flack/Smyth)

 

That Council not accede to the request to supply seat shelters based on Council not having funds allocated for the unofficial rest area and that Council prepare a plan of management for this parcel of land.

 

Amendment:       (Ainsworth/Smyth)

 

That this matter be deferred to allow an onsite inspection at the next Council meeting on 16 October 2014 and that the Chamber of Commerce, Nambucca Valley Tourism and the Lions Club of Nambucca Heads be invited to the inspection.

 

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

 

456/14 Resolved:        (Ainsworth/Smyth)

 

That this matter be deferred to allow an onsite inspection at the next Council meeting on 16 October 2014 and that the Chamber of Commerce and Nambucca Valley Tourism as well as the Lions Club of Nambucca Heads be invited to the inspection.

 

 

 

ITEM 9.1      SF830                250914      Election of Deputy Mayor 2014-2015

457/14 RESOLVED:        (Hoban/MacDonald)

 

1        That Cr Ainsworth be duly elected as Deputy Mayor for the term of office expiring in September 2015. 

 

2        That the Division of Local Government be advised of the outcome of the election and Council’s website be updated.

 

 

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 9.2      SF842                250914      Committees of Management - Facilities and Events

458/14 RESOLVED:        (Ainsworth/Smyth)

 

That Council note the roster for attendance at the Annual General Meetings for Section 355 Committees.

 

 

 

ITEM 9.3      SF355                250914      Tabling of Returns Disclosing Interests of Councillors and Designated Persons - September 2014

459/14 RESOLVED:        (MacDonald/Ainsworth)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2014 be tabled.

 

 

 

ITEM 9.4      SF959                250914      Outstanding Actions and Reports

460/14 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.5      SF399                250914      Productivity Suggestions to Offset Loss of Financial Assistance Grants Funding

Motion:      (Ainsworth/MacDonald)

 

That Council adopt the recommendations in the report.

 

Amendment:       (Flack/Smyth)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted.

 

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

 

MOTION:      (Flack/Smyth)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted.

 

Further Amendment:          (MacDonald/Morrison)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F that Council express a desire to reduce the number of Councillors from 9 to 7 without a referendum and further, that Council delete “high use” in suggestion 26.  

 

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

 

Motion:      (MacDonald/Morrison)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F that Council express a desire to reduce the number of Councillors from 9 to 7 without a referendum and further, that Council delete “high use” in suggestion 26.

 

Further Amendment:          (Hoban/Ainsworth)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F; that pending the outcome of the Fit for the Future process Council consider reducing the number of Councillors from 9 to 7 via a referendum; and further, that Council delete “high use” in suggestion 26.  

 

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

 

460/14 Resolved:        (Hoban/Ainsworth)

 

That Council adopt the recommendations in the report with the exception that comments in suggestion I be noted and that particular recommendation not be adopted and that in relation to suggestion F; that pending the outcome of the Fit for the Future process Council consider reducing the number of Councillors from 9 to 7 via a referendum; and further, that Council delete “high use” in suggestion 26.

 

 

 

ITEM 9.6      SF894                250914      "Fit for the Future" Reforms

461/14 RESOLVED:        (Finlayson/MacDonald)

 

That Council note the information concerning the NSW Government’s “Fit for the Future” reforms.

 

 

Item 9.7 was dealt with under Delegations.

 

 

 

ITEM 9.8      SF1947              250914      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 September to 17 September 2014

462/14 RESOLVED:        (Flack/Smyth)

 

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

 

 

 

ITEM 9.9      SF1855              250914      Macksville Streetscape Revitalisation - update

463/14 RESOLVED:        (MacDonald/Finlayson)

 

Council note the progress of the Macksville Streetscape Revitalisation and information provided in this report.

 

 

Item 9.10 was dealt with under Delegations.

 

 

 

Cr MacDonald left the meeting for this item at 7.22 pm and returned after the conclusion of this item at 7.28 pm.

 

ITEM 9.11    SF1239              250914      Transfer of the Eungai Pre-School to the Nambucca Valley Children's Group

464/14 RESOLVED:        (Ainsworth/Morrison)

 

1        That Council agree to sell the Eungai Pre-School to the Nambucca Valley Children’s Group for $1.00 plus reasonable compensation for the installation of a disabled access.

 

2        That Council’s seal be attached to contracts and agreements as required and that the General Manager be provided with delegated authority to determine the reasonable compensation for the provision of disabled access to the Pre-School.

 

3        That Council meet all legal and transfer costs associated with the sale of the property except any legal and associated costs incurred by the Nambucca Valley Children’s Group.

 

 

 

General Manager Report – LATE

 

ITEM 9.12    DA2001/096        250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - Lot 100, 101 & 104 DP 1118337, 491 Valla Rd Valla 

465/14 RESOLVED:        (Flack/Morrison)

 

That Council note the further submissions were considered at Item 9.7.

 

 

 

General Manager Report – LATE

 

ITEM 9.13    SF894                250914      "Fit for the Future Reforms" - Proposed Pilot North Coast Joint Organisation

466/14 RESOLVED:        (Ainsworth/Finlayson)

 

That Council agree to participate in a pilot North Coast Joint Organisation and note its preference for the pilot Joint Organisation to have as its priority the improvement of the financial sustainability of its constituent councils.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1874              250914      Financial Report – Statement By Councillors And Management – 30 June 2014

Motion:      (MacDonald/Finlayson)

 

1        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

Amendment:       (MacDonald/Smyth)

 

1        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

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

 

467/14 Resolved:        (MacDonald/Smyth)

 

1        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2) (C) of the Local Government Act.

 

2        That the Mayor, the Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

 

ITEM 10.2    SF1874              250914      Financial Report – Primary Financial Statements – 30 June 2014

468/14 RESOLVED:        (South/Ainsworth)

 

That Council notes the information.

 

 

 

ITEM 10.3    SF251                250914      Schedule of Council Public Meetings

469/14 RESOLVED:        (Smyth/MacDonald)

 

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

 

 

 

ITEM 10.4    SF339                250914      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 6 August 2014

470/14 RESOLVED:        (South/Finlayson)

 

That Council endorse the Minutes of the Committee of Management for the Unkya Reserve’s Annual General Meeting held on 6 August 2014 and thank the outgoing Committee for their work during the past twelve months.

 

 

 

ITEM 10.5    SF344                250914      Warrell Creek Hall Committee of Management AGM -3 September 2014 - Minutes

471/14 RESOLVED:        (MacDonald/Morrison)

 

That Council endorse the Minutes of the Committee of Management for the Warrell Creek Hall’s Annual General Meeting held on 3 September 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF84                  250914      NSW Rural Fire Service Information Forum at Coffs Harbour  - Tuesday 26 August 2014

472/14 RESOLVED:        (Smyth/Ainsworth)

 

That Council receive and note the report.

 

 

 

Item 11.2 was dealt with under Delegations.

 

 

 

ITEM 11.3    SF1031              250914      Adoption of amended Asset Management Policy and new Bridges Service Level Policy

473/14 RESOLVED:        (Ainsworth/South)

 

1        That Council adopt the amended Asset Management Policy (TRIM 27571/2010).

 

2        That Council adopt the new Bridges Service Level Policy (TRIM 13327/2014).

 

 

 

ITEM 11.4    SF844                250914      Nambucca District Water Supply Steering Committtee Meeting - 3 September 2014

474/14 RESOLVED:        (South/Morrison)

 

1        That Council receive and note the minutes of the record of discussion held on 3 September 2014 in lieu of the formal Steering Committee Meeting.

 

2        That Council leave the transformer and consumer mains at their current sizing.

 

3        That Council write to GHD requesting them to undertake discussions with Essential Energy to demonstrate that the transformer size is adequate and a Council waiver is not required and if this cannot be agreed provide written confirmation that they will meet the cost of upgrading the transformer and consumer mains in the future if required.

 

4        That Council sign the Essential Energy waiver if the adequacy of the transformer is not agreed and GHD have provided the written confirmation above.

 

 

 

ITEM 11.5    SF565                250914      Application for Road Closure - Dedication Macksville War Memorial - 1 November 2014

475/14 RESOLVED:        (Morrison/MacDonald)

 

1        That Council approve a request from the Returned Services League of Macksville to conduct a march in dedication to the Macksville War Memorial, noting to the following has been received:

 

    Certificate of Currency for Public Liability Insurance

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

    Police and Roads and Maritime Services approval for the road closures.

    Road Occupancy License for the Pacific Highway closure

 

2        That Council endorse the road closures for the Dedication of Macksville War Memorial  march to be held 1115 to 1145 hours on 1 November 2014, as follows:

 

          Princess Street – from Winifred Street to Wallace Street

          Wallace Street – from Princess Street to Cooper Street

          Pacific Highway – from Wallace Street to River Street

          River Street – from Pacific Highway to Wallace Lane

          River Street and Princess Street – Wallace Lane to McKay Street only (1120 – 1230 hours)

 

3        That Council advertise the road closures seven (7) days prior to the March.

 

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/Ballangarry)

 

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 above.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF399                250914      Productivity Suggestions - Organisation Structure

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) (a) (d) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals; AND 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 12.2    SF595                250914      Reconstruction failed stormwater drainage line in McNeill Close 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) (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 12.3    SF1931              250914      DA2001/095 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1931              250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

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) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.02 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (South/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.10 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF399                250914      Productivity Suggestions - Organisation Structure

476/14 RESOLVED:        (Ainsworth/Finlayson)

 

1        Council review the vacant position of Information and Communications Technology Officer (Electronic Engagement) in 6 months’ time.

 

2        That Council remove the vacant position of Plant Operator (Roller) from its organisation structure.

 

3        There be a further report on the option of reducing staffing levels in the outdoor workforce.

 

4        That Council sell its Caterpillar 12G grader by public auction with the funds generated by the sale of the grader to be used to acquire a “slip on” water tank for grading work with the surplus to be applied to the plant reserve for the eventual acquisition of a roller. 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF595                250914      Reconstruction failed stormwater drainage line in McNeill Close Macksville

477/14 RESOLVED:        (Finlayson/Ainsworth)

 

1        That Council vote an amount of $66,000.00 from working funds for unplanned works to reconstruct the stormwater drainage line between 5 and 7 McNeill Close Macksville.

 

2        That Council note that there is a potential claim for damages to 5 McNeill Close, Macksville the matter has been referred to Council’s insurers to consider having an independent structural engineering assessment of the dwelling at 5 McNeill Close Macksville.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1931              250914      DA2001/095 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

478/14 RESOLVED:        (Morrison/Ainsworth)

 

That Council note the confidential submissions were considered at Item 9.7

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    SF1931              250914      Further Submissions - DA2001/096 Modification of existing Extractive Industry consent - CONFIDENTIAL ATTACHMENTS 491 Valla Rd Valla 

479/14 Resolved:        (Morrison/MacDonald)

 

That Council note the confidential attachments.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 8.11 pm. 

 

Confirmed and signed by the Mayor on 16 October 2014.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                               16 October 2014

Notice of Motion

ITEM 5.1      SF1933            161014         Notice of Motion - Reqest for Leave 7 to 31 October 2014 (SF1228)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Cr Smyth has requested leave from 7 to 31 October 2014 inclusive.

 

 

 

Recommendation:

 

That Cr Anne Smyth be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 7 to 31 October inclusive.

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                               16 October 2014

General Manager

ITEM 9.1      SF959              161014         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.

 

As at 28 September – outcome of tender to be reported to next Estuary Committee meeting.

 

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.  Report in October.

 

Deferred to first meeting in November due to the number of inspections in October.

 

AUGUST 2013

 

4

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.

Memo with updated policy and procedures will be provided to Councillors for comment at the end of September.

 

 

NOVEMBER 2013

 

5

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.

 

 

6

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.

 

Report deferred to October 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act.

 

DECEMBER 2013

 

7

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.

 

FEBRUARY 2014

 

8

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.

Email provided to Councillors on 4 Sept 2014 advising at this stage meeting in September is not required;

It was an anticipated that a further meeting would be required to finalise the draft options filling report Both the entities (Office of Water and Primary Industries – Fisheries) had no objection to the proposal put forward from Council which basically involved full release of minor rainfall events 5mm or less and increasing percentage of rainfall captured for larger events up to 90% capture for 100mm rainfall or over.

The Office of Water advised that the operating conditions (extraction rules and dam licence) do not come into effect until the dam is commissioned and this is considered to be at 60% full and water levels can be managed.  In effect this means that Council can pump as it likes within current licence and there is no requirement for transparent release of rainfall until the dam is 60% full.

Council has applied to Office of Water for a permit to capture surface water.

 

Email forwarded to Councillors on dam filling options update following question at Council meeting on 28 August.

 

 

MARCH 2014

 

9

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.

Deferred to September.

Report underway deferred to October.

 

 

10

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.

Council has been supplied with preliminary (15% complete) design for Nambucca River Crossing by the Acciona Ferrovial Joint Venture.

The Mayor met with Minister for Transport Gladys Berejiklian MP on and the Minister for Roads Duncan Gay MLC 14 August 2014.

 

 

APRIL 2014

 

11

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

 

12

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

 

13

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

 

14

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.

 

15

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.

 

16

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.

 

17

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 September 2014.

 

Consideration being given to public participation in the EL program and a component EL funding to be allocated to a community grants program.  Report in October 2014.

 

 

18

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.

 

MTS advises that he has notified the NSW Police of speeding issues in the Industrial estate and they will monitor as resources permit.

 

 

19

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.  As indicated the design of the bridge by the Acciona Ferrovial Joint Venture (AFJV) is 15% complete.  The time available for having an input into its design and construction is running out.

 

JULY 2014

 

20

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

Deferred to September 2014

Ms Gee has requested that the matter be deferred until 16 October 2014 so that she may obtain legal advice.

16/09/14 - Council has also received representations from other tenants who have encroachments wishing to make representations.  These tenants will be advised that the matter will be discussed by Council on 16 October 2014.

 

 

21

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.

Unexpected leave – deferred to October 2014.

 

22

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.

 

23

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

 

AUGUST 2014

 

24

SF1933

14/08/14

Proposal from Nambucca River Users Group to reinstate boat launching site at Wirrimbi be deferred until the Group submit a formal proposal to Council.

 

AGMES

Awaiting receipt of proposal.

 

25

SF1148

14/08/14

That Council receive a report regarding nose to kerb parking including what other LGAs are doing in regard to parking; the pros and cons of various ways of parking; and a parking strategy for Council’s consideration.

 

AGMES

Report March 2015

 

26

SF1933

28/08/14

That Council receive a report regarding:

a. public safety and liability risk to Council in terms of the barbed wire fence at the Nambucca Heads Skate Park

b. current management of the skate park including use, complaints, ranger reports, costs & management options

c. a copy of the Deed of Agreement presented to Council.

That Council undertake a site inspection of the Skate Park.

 

GM

Council’s Safety and Risk Officer is seeking advice from Council’s insurer.  Anticipate reporting in October.

 

27

SF595

28/08/14

That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

 

AGMES

March 2015

 

28

SF247

28/08/14

Council correspond with landowners in the Lower Nambucca to gauge support for a pressure sewerage system; that Council engage a consultant to complete a concept design; that Council provide a budget variation of up to $10,000 for the work.

 

AGMES

October 2014

 

SEPTEMBER 2014

 

29

SF791

11/09/14

There be a further report to Council on the outcome of the tender for the development of the subdivision (Hyland Park) and the reserve price for the lots.

GM

Report February 2015.

 

30

SF952

26/09/14

That the request for donation of seat shelters for the Duffus Rest Area on Link Road be deferred to allow an onsite inspection and that the Chamber of Commerce, NV Tourism and the Lions Club be invited to attend.

 

AGMES

Inspection decided to be 4.30pm 16 October 2014.

 

31

SF399

26/09/14

Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of councillors from 9 to 7 via a referendum.

 

GM

Deferred to late 2015 (next LG general election scheduled for September 2016).

 

32

SF399

26/09/14

Council review the vacant position of Information and Communications Technology Officer (electronic engagement) in 6 months’ time.

 

GM

Report March 2015.

 

33

SF399

26/09/14

There be a further report on the option of reducing staffing levels in the outdoor workforce.

 

GM

Report November 2014.

 

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.2      PRF71              161014         Nambucca Heads Skate Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Council has resolved to receive a report on the risks and management of the Nambucca Heads Skate Park.

 

Council’s Safety and Risk Officer has now completed an investigation of the matter and undertook a risk assessment on 2 September 2014.  In summary Council’s Safety and Risk Officer has concluded that based on the risk assessment and a review of available documentation and conversations with Council’s insurers, that the fence has not increased the inherent risk of the skate park and therefore should not be removed on safety grounds.  His conclusion is that the fence represents low risk.

 

Besides safety there are other issues with the fence, namely that the fenced in barbed wire ambience of the Skate Park is neither welcoming not encouraging for its intended use.  The other issue is the cost to Council of its daily opening and closure.

 

From the residents perspective the fence, plus the daily opening and closure, were considered necessary to achieve reasonable compliance with the Code of Conduct which was a condition of the development consent.

 

 

Recommendation:

 

1        That Council attempt to arrange a meeting with representatives of the Skaters and the residents who undertook the legal action against Council to explore opportunities for an agreement which, whilst protecting the interests of all parties, would be in the public interest.

 

2        In the event that the Skaters and residents agree to meet, that the Mayor and one other Councillor plus the General Manager participate in the meeting.

 

3        That Council note the Deed of Settlement and Deed of Release as attachments to the report in closed.

 

 

OPTIONS:

 

There are potentially a wide range of options available to Council, some of which may have legal consequences.

 

Any action by Council to change the fencing and opening arrangements for the Skate Park without the agreement of the residents who undertook the Class 4 action against Council may result in the residents resuming that Class 4 action in the Land and Environment Court.

 

The best and most sustainable outcomes are unlikely to be delivered through legal action.

 

 

DISCUSSION:

 

Council considered the following Notice of Motion from Councillor Flack at its meeting on 28 August 2014.

 

I have become aware of potential safety risks at the Nambucca Skate Park with regard to the barbed wire fence in particular the proximity of the fence to the skate park.  At least one skater has connected with the fence while getting ‘air’.  Emergency access is limited because of the fence and gate and vulnerable children can potentially be trapped inside the confined area within the fence with egress limited to the single gate.

 

It is a year since the barbed wire fence was erected following a Land and Environment Court challenge by two local residents and Court mediated agreement.  It is timely for Council to receive a report regarding any safety and liability issues which may now exist and to inform Councillors of the skate park management in general.

 

One of the highlights of skilled riding or skating for park users and spectators is getting air and landing a trick after gathering momentum and pushing up to the top of a ramp.  However since the barbed wire fence has been erected, there is a danger of getting propelled onto the barbed wire fence, especially on the southern side.

 

Councillors will recall that the design of the fence was stipulated by the complainants, but the placement of the fence in terms of distance from the skate park was an operational decision by staff in consultation with the fencing contractor only.   It appears the fence has been placed too close to the skate park especially on the south side.  As a result Council has placed park users’ safety at risk and left itself vulnerable to litigation.

 

The fence and gate also deny paramedics access to the skate park with an ambulance and delays response time in the event of serious injury.

 

It is appropriate that councillors consider the use and management of the skate park now that the barbed wire fence has been erected and to consider any possible options to improve the situation.

 

Council resolved as follows:

 

1        That Council receives a report regarding:

 

a.       public safety and liability risk to Council in terms of the barbed wire fence at the Nambucca Heads Skate Park and

b.       current management of the skate park including use, complaints, ranger reports, costs and management options.

c.       a copy of the Deed of Agreement be presented to Council

 

2        That Council undertake a site inspection of the Nambucca Heads Skate Park.

 

Public Safety and Liability Risk to Council in terms of the Barbed Wire Fence at the Nambucca Heads Skate Park

 

Council’s Safety and Risk Officer has now completed an investigation of the matter and undertook a risk assessment on 2 September 2014.  In summary Council’s Safety and Risk Officer has concluded that based on the risk assessment and a review of available documentation and conversations with Council’s insurers, that the fence has not increased the inherent risk of the skate park and therefore should not be removed on safety grounds.  His conclusion is that the fence represents low risk.

 

Based on his research and the risk assessment, it would be nearly impossible for a skater or BMX rider to gain enough “air” to land on top of the fence.  The bowl design being vertical & the distance to the fence – 192 cm - helps prevent landing on top of the fence. Finally the fence prevents non users falling into the bowl when the park is not being used. In fact one recommendation from the US suggests all facilities should be fenced to prevent access during the hours of darkness to stop falls by non users.

 

Attached is the risk assessment which was undertaken using audit software and a guide from the Sunshine Coast.

 

Current Management of the Skate Park including Use, Complaints, Ranger Reports, Costs and Management Options

 

The Council does not record usage of the Skate Park other than special events.

 

Since the completion of the fence in November 2013 there have been on-going costs relating to the locking and unlocking of the gate as well as attending to vandalism of the fence, the gate and its lock. The Council pays $140 per week to Council staff to lock the skate park gate of an evening.  The Town Services crew unlock the gate in the morning as part of their normal rounds.  There is also a cost for the latter however this is not recorded.  The cost of vandalism in terms of fence, gate and lock repairs have been relatively minor.

 

There are been occasional complaints about vandalism of the fence and youth accessing the skate park outside of the approved hours.  There has been one instance where a breakdown in communication between Council staff meant that the gate was left locked on a Sunday.

 

There have been several complaints about the Skate Park being enclosed by fencing and barbed wire.

 

More recently a complaint was lodged with the Anti-Discrimination Board of NSW alleging that myself as the Council’s General Manager had discriminated against youth by erecting the fence.  The complaint seeks the following redress:

 

“The fence erected by Nambucca Shire Council be removed and the Skate Park be reopened as soon as possible.

 

That the council pay compensation to ….. to begin the process of restarting the Skate Fests and healing the community.

 

An apology to ….”

 

A response has been sent to the Anti-Discrimination Board.  They have been advised of the circumstances which led to the fencing enclosure and Council’s willingness to meet with the complainant and the residents who undertook the legal action against Council to explore opportunities for an agreement which the complainant may prefer over the current arrangements.

 

The Board advise that if Council and the complainant cannot agree on a settlement, then the Board may refer the complaint to the Administrative and Equal Opportunity Division of the NSW Civil and Administrative Tribunal for public hearing.  The Tribunal is like a court and can make a decision as to whether or not discrimination has occurred.

 

There has also been a compliment.  One of the applicants to the legal action congratulated Council staff and the Big Air School for the manner in which the Youth Week skate park event was conducted on 17 April 2014.  The event attracted over 100 youth and the applicant to the legal action expressed their approval to the professional organisation and the conduct of the participants.

 

Deed of Settlement and Deed of Release

 

Council has entered into two agreements in relation to the mediated resolution of the Class 4 legal action.  There is a Deed of Settlement which sets out the parties’ obligations and is attached to a report in closed.  It specifies the opening and closing times of the Skate Park, the requirement for the fence, the erection of a sign and the payment of costs as well as the applicant’s agreement to the dismissal of the proceedings.  There is then a Deed of Release which is also attached to a report in closed whereby the residents who undertook the legal action release and discharge Council from all claims.

 

The agreement cannot be varied or amended unless through written agreement of the parties.  For example if Council were to remove the fence without the agreement of the residents, they could resume their Class 4 action in the Land and Environment Court.

 

 

CONSULTATION:

 

Consideration was given to consulting with the complainant who has alleged that Council has breached the NSW Anti-Discrimination Act 1977.  This would necessitate the same level of consultation with the residents who undertook the legal action against Council.  This would mean the likelihood of a confrontation at the site inspection to be undertaken on 16 October 2014.  This would not be in the interests of any of the parties.  If there is to be further discussion and mediation amongst the parties the preferred approach would be for this to occur in a less “political” environment where there is less likelihood for the respective participants to feel threatened.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

It is agreed that the fenced in barbed wire ambience of the Skate Park is neither welcoming not encouraging for its intended use.  Equally the residents who commenced the legal action against Council were concerned with the anti-social behaviour which occurred at the Skate Park outside daylight hours.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are significant risks in relation to the legal action undertaken by the residents and proposed by the Skaters via the NSW Anti-Discrimination Act 1977.

 

There are significant costs attached to legal action.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The arrangements for the locking and unlocking of the skate park gate do impact on Council’s budget being a cost of $7,280 per annum.

 

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

 

The on-going arrangements for the locking and unlocking of the Skate Park do impact on the service levels of Council’s Town Services crew.

 

 

Attachments:

1

29657/2014 - Skate Park Risk Assessment Final

 

  


Ordinary Council Meeting - 16 October 2014

Nambucca Heads Skate Park

 









Ordinary Council Meeting                                                                                               16 October 2014

General Manager

ITEM 9.3      PRF72              161014         Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

It had been previously recommended that Council divest itself of ownership of the Kingsworth Lake Reserve and instead allow a low intensity private use of the land consistent with its environmental attributes.  The recommendation was based on Council’s weak financial position and inability to properly maintain the land.  At Council’s meeting on 31 July it was resolved to defer the matter for three months.  Since the resolution to defer the matter, the General Manager has met with 14 people opposed to any reclassification and sale of the land.

 

In the circumstances that there is likely to be widespread opposition to the reclassification and rezoning, the chances of the proposal proceeding following its review by three separate authorities, namely the independent person, then Council and then the Department/Minister, are assessed to be weak. 

 

Regardless of the merits it is difficult to justify the allocation of considerable staff resources to a process with such risk attached.

 

 

Recommendation:

 

1        That Council not proceed with a proposed reclassification of the Kingsworth Lake Reserve from community to operational land and not proceed with changing its zoning from RE1 Public Recreation to E3 Environmental Management.

 

2        That another risk assessment of the land be undertaken with the objective of reviewing the           plan of management.

 

 

OPTIONS:

 

Council has the seek to reclassify and rezone the land as recommended to Council at its meeting on

 

 

DISCUSSION:

 

Council is the owner of 17.6 hectares of land being Lot 40 DP 711098 which is zoned RE1 Public Recreation.  The land adjoins the Kingsworth Estate and contains a large dam.  The land has no constructed access and has not been developed for public recreation since it came into Council’s ownership as a developer contribution in the mid 1990’s.  The reserve is not well located to a population centre.  The available evidence suggests that Council has a surplus of land it owns or controls as natural areas.

 

The relative isolation of the location makes it more vulnerable to illegal dumping and vandalism.  In addition the large dam presents other risks and costs, for example in relation to the management of aquatic weeds and the potential for drowning.

 

An option which could facilitate better land management and improve Council’s financial sustainability was the subject of a recommendation put to Council’s meeting on 31 July being 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.

 

The proposed rezoning would provide for a low intensity private use consistent with its environmental attributes and the aesthetic value it provides to some of the adjoining residential properties in the Kingsworth Estate.  The objectives of the E3 Environmental Management Zone are:

 

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

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

 

The proposed E3 Environmental Management Zone provides for a limited range of permissible land uses which includes a dwelling house, extensive agriculture and aquaculture.  Subdivision of the land would be prohibited.

 

At the meeting on 31 July 2014 the Council resolved as follows:

 

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.

 

Since Council’s resolution two written submissions have been received objecting to the recommendation put to Council’s meeting on 31 July 2014.  One of the submissions is from the Nambucca Valley Conservation Association and is attached.

 

On 23 September 2014 the General Manager met with approximately 14 people comprised of concerned residents of Kingsworth Estate, and representatives of the Nambucca Valley Conservation Association plus a bird watcher’s group.  Those who attended the meeting were strongly opposed to the proposed reclassification and rezoning of the land and promised much greater opposition should the Council proceed with the process for reclassification of the land, the first step being advertising the draft plans for comment.

 

The process for reclassification and rezoning of the land will require an independent person to conduct a public hearing and then report on the outcome of the hearing and make a recommendation to Council.  After that process the reclassification and rezoning would require the endorsement of the Department of Planning and ultimately the Minister.

 

In the circumstances that there is likely to be widespread opposition to the reclassification and rezoning, the chances of the proposal proceeding following its review by three separate authorities, namely the independent person, then Council and then the Department/Minister, are assessed to be weak. 

 

Regardless of the merits it is difficult to justify the allocation of considerable staff resources to a process with such risk attached..

 

Accordingly it is recommended that Council not proceed with the reclassification and rezoning.

 

The Plan of Management for the Reserve which was adopted in January 2012 is attached.  The plan of management commits Council to annual inspections of the land in relation to weed control, lopping hazardous trees, removing trees with termite infestations, taking action against unauthorised use and intrusion, bushfire protection and control of runoff.  There are also requirements in relation to signage and the preparation of a bushfire management plan.

 

None of the listed requirements in the plan of management are considered excessive for the management of a natural area, however the financial reality of Council’s operations is that these requirements have not been met.  For example there is no evidence of a Bush Fire Management Plan ever having been prepared let alone implemented, nor is there any evidence of the nominated annual inspections.  Any failure to meet the requirements of the plan of management will be relevant should there ever be an incident which results in harm to a person or property and which may have been mitigated by the actions identified in the plan of management.  This is the inherent risk in Council continuing to be responsible for land without the necessary funds to manage it.

 

Consideration has been given to reviewing the plan of management to try and reduce some of the management requirements and potentially reduce the liability risk to Council.  A risk assessment of the land was conducted in 2012 and a copy of the assessment is attached.  The recommendations of that assessment have not been implemented either, presumably due to cost.  For example the construction of the recommended emergency vehicle access will cost many thousands of dollars.

 

CONSULTATION:

 

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

 

On 23 September 2014 the General Manager met with approximately 14 people comprised of concerned residents, representatives of the Nambucca Valley Conservation Association plus a bird watcher’s group.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation has no impact on the environment.

 

Social

 

The recommendation has no social impacts.

 

Economic

 

The recommendation has no economic impacts.

 

Risk

 

The major underlying risk is that Council has been assessed by a range of different experts including its auditors, the NSW Treasury Corporation and more recently the Independent Local Government Review Panel as having weak financial sustainability with a negative outlook.  Besides increasing rates and charges, realisable opportunities to improve Council’s financial sustainability, whilst maintaining its core services and governance responsibilities, are not abundant.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the budget for the necessary environmental investigations which will be required for the proposed rezoning.  These will include a bush fire assessment and flora/fauna assessment.

 

The required public hearing for the reclassification could be undertaken by a staff member of an adjoining Council.  The cost attached to this would be the offer of a reciprocal arrangement.  However given the anticipated opposition to the reclassification it is likely that Council would need to employ a consultant to undertake and report on the public hearing.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

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

 

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

 

Attachments:

1

28857/2014 - NVCA Objection

 

2

26765/2011 - Adopted Plan of Management

 

3

3710/2012 - Risk Assessment

 

  


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

 

 

Mr Michael Coulter,

General Manager,                                                                                                                                                                                                                                             Nambucca Shire Council,                                                                                                            MACKSVILLE  NSW 2447

Tuesday 16th September, 2014.

Dear Mr Counter,

Recently NVCA has become aware that Nambucca Shire Council is conducting an audit of all Community Land in the Shire. NVCA is concerned about the Community Land known as Kingsworth Lake Reserve situated immediately to the south of Kingsworth estate, west of Pacific Highway, Nambucca Heads.

During a recent NVCA meeting we learned that re-classification has been mooted, and that this has been deferred for three months, until October this year.  The land is currently classified as 'Community Land' and zoned for 'public recreation' although rarely used.  Could you please inform us of what the reclassification of the land will mean?

NVCA believes that this land has conservation and recreation potential. I am advised that some of our Councillors have inspected this Community Land and

That Councillor Flack has listed areas of natural vegetation and put a proposal, for presentation to the consultants.

 Some members of NVCA have visited the site and conducted a bird survey and found 25 species. They reported that it would be an admirable nature walk, with conservation and low impact recreation potential, especially if a project to build a bird hide to view the water birds could be promoted.

 

NVCA has also talked to the Nambucca Valley Birders Group, and members visited the site and were able to identify 17 species of birds.

We also think that this site would be suitable for a bush regeneration project.

 

Kingsworth Estate residents have reported at least 25 species of birds on and around the lake, and value the natural habitat it provides for red-necked wallabies, swamp wallabies, snakes and other fauna. They have stated that any development in the area of Kingsworth Lake Reserve will impact negatively on the area’s natural habitat.

 

NVCA are advised that you have proposed a meeting with residents of Kingsworth Estate, to discuss options for management of this Community Land.  NVCA has been approached by Kingsworth Estate residents, and asked whether we have also been invited to the meeting.  We would like to be included in the meeting, and will await advice as to date, time and venue.

 

We look forward to hearing from you regarding this proposed re-classification of Community Land at Kingsworth Estate, and the proposed meeting to discuss same.

 


Yours sincerely, Georgette Allen, President, NVCA


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS, BUSHLAND

 

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

 

 

 

 

Prepared by:

                                                     Nambucca Shire Council

                                             P O Box 177

                                             MACKSVILLE  NSW  2447

 

 

Adopted by Council 19 January 2012


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

NAMBUCCA SHIRE COUNCIL

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS,

BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

BACKGROUND

 

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

 

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

 

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

 

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

 

 

GENERAL DESCRIPTION

 

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

 

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

 

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

 

 

 

CLASSIFICATION OF LAND

 

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

 

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

 

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


 

Pre-existing zone

New Zone

 

 

OWNER OF LAND

 

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

 

 

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

 

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

 

 

OWNERS APPROVAL OF MANAGEMENT PLAN

 

Nambucca Shire Council is the owner of the land.

 

 

LEASEHOLD DETAILS

 

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

 

 


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

NAMBUCCA SHIRE COUNCIL

 

PLAN OF MANAGEMENT

 

NATURAL AREA, BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Landscape Character

Maintain the natural flora

Reduce the invasion of urban weeds

Annual inspection

 

 

Control noxious weeds

Annual inspection

 

 

Maintain existing native plants. Replant with local indigenous plants

Annual inspection

 

 

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

Annual inspection

 

 

Remove trees with termite infestations

Annual inspection

Facilities

Limit construction of facilities on reserves

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

Annual inspection

Paths

Access paths are to be non-intrusive

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

Identify high use areas by pedestrians

Unauthorised Use

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

Existing intrusions are identified and notices to remove are issued

Annual inspection

Bushfire Protection

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

Slash block or control burn according to Bush Fire Management Plan

Annual inspection

 

 

 

Prepare Bush Fire Management Plan

 


 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Management and Administration

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

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

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

Soil and Drainage

To maintain a surface runoff system compatible with the bushland

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

The reserve is to maintain its natural environment

 

 

Control runoff from adjacent development

Annual inspections

 

 

Control runoff from road drainage

No evidence of siltation or water borne rubbish

 

 

Prevent and control erosion

Annual inspection

 

 

Keep gullies free of debris

Annual inspection

Fencing

Protect areas from damage by vehicles, pedestrians and intrusion

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

Annual inspection

Parking

Restrict parking to defined areas

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

Annual inspection

Signs

Identify as public land

Erect signs at access points

Install signage in 2012

Utilities

To allow the installation of utility services

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

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

 

 

Permit surface drainage of stormwater

 

 

 

Permit overhead or underground electricity supply

 


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

 

 

Risk Assessment

 

Natural Areas, Bushland

 

Requirement for Fencing around the Dam at

Part Lot 40DP711098

Old Coast Road, Kingsworth Estate

 

Prepared by:

 

Safety & Risk Officer

Nambucca Shire Council

15 February 2012

 

NAMBUCCA SHIRE COUNCIL

 

 

Risk Assessment

 

Risk Assessment Methods:

·    Consultation with Director Environment and Planning, GIS Officer, resident adjoining the dam, Jardine Lloyd Thompson;

·    Site visit;

·    Comparison and experience with fencing requirements for other rural position dams;

·    Assessment Table 1 - Factors for determining batter and fence treatments.

 

 

Risk Assessment - Kingsworth Estate Dam

The dam is located in a rural position within a large parcel of Community Land (Natural Area, Bushland) which is surrounded by rural and large rural residential allotments. There are no schools or facilities nearby and it is not frequented regularly by the public.  Consultation with a resident adjoining the dam that has lived there for 8 years and has a view of the dam indicated that they had never seen people at the dam.  The dam is not located in clear view of the general public and is not overly attractive to children.  The construction of a new access road would highlight the position of the dam although this would not necessarily make it any more attractive to children or the public.  Construction of a lockable gate across the proposed access road restricting access to the dam would also deter people from entering.  

 

Table 1   Factors for determining batter and fence treatments.

1.  Batter slopes – above permanent water level (Select the steepest batter slope in the section of the wetland/basin being considered).

Risk Factor

1:6 or shallower (1:8 ideal)

1

1:4 up to 1:6

(2)

Steeper than 1:4

6

Vertical Wall above permanent water level.        0.1m<wall height£0.5m

8

Vertical Wall above permanent water level.        Wall height>0.5m

16

 

2.  Vertical drop at water edge – below permanent water level

Risk Factor

0.0<vert. drop£0.3m       (vertical drop at the permanent water edge)  or continuously graded slopes

0

0.3<vert. drop£0.5m       (vertical drop at the permanent water edge)

(4)

>0.5m          (vertical drop at the permanent water edge)

8

 

3.  Max water depth between water edge and 4m from the water edge – below permanent water level

(NOTE: For detention basins, the 1:20yr water level shall be considered as the permanent water level if ponding time exceeds 2 hours or total water depth is greater than 1.2m. 

In constructed wetlands, the permanent water level is considered to be the level of the low flow pipe/outlet structure.  Designers must take into account temporary increases in water levels due to storm events and incorporate appropriate batter/fencing treatments relative to the likely risks.  Underwater batter slopes deeper than 1.0m water depth to be determined by geotechnical investigation)

Risk Factor

£0.67m            (max water depth up to 4.0m from the permanent water edge)

2

0.67<water depth£1.0m           (max water depth up to 4.0m from the permanent water edge)

(4)

>1.0m              (max water depth up to 4.0m from the permanent water edge)

16

 

4.  Site context (Select the site context that best fits the site being assessed)

Risk Factor

·      Rural land

·      Residences within 1km of site and there is surveillance from overlooking properties.

·      Infant/primary schools are >1km from the site.

(2)

·      Reserve designed to incorporate a constructed wetland as a landscape feature integral to the open space.  Adjacent areas may already contain other water bodies or watercourses.

·      Residences within 100m of site and there is good surveillance from overlooking houses.

·      Infant/primary schools are >250m from the site.

4

·      Reserve, with potential high use including likely high pedestrian and cyclist numbers, playground, picnic/BBQ facilities and possible larger public events.

·      Infant/primary school >250m from the site.

·      Residential areas £150m of the site.

·      Moderate/good public surveillance.

6

·      Reserve including parkland/natural areas, generally with low use.

·      Infant/primary school £250m from site and/or on a direct route to/from the school.

·      Residential areas >150m from the site.

·      Limited public surveillance.

8

 

Batter treatment and Fencing requirement (Add selected Risk Factors from items 1-4).

Total Score

Mown grass and/or planting for aesthetic and shade purposes.

£11

Dense planting (2.5m width minimum, 4.0m width ideal. Plants to be preferably clumping, to approximately 0.75m high and at 0.5m spacing maximum).

(12)-16

Dense planting and accidental entry fencing.

17-21

Exclusion fencing.

>21

 

 

Item                                                                                                                               Risk Factor

1.         Batter slopes above water level

On average the batter slopes above water level appear to be

between 1:4 – 1:6 above the permanent water level                                                2       

2.         Vertical drop below water level

Vertical drop below permanent water level approx 0.3 – 0.5m                                 4

3.         Max water depth within 4m of shore

Estimated 1m                                                                                                           4

4.       Site context

Rural Land                                                                                                                 2

 

                                                                                               TOTAL                                   12

 

 

 

 

 

Maintenance considerations

Safe, practical and efficient maintenance is essential.  Considerations could include:

 

·    Access and manoeuvring areas for vehicles and equipment. Gates should be lockable and 4.3m wide for excavator access and 3.0m wide for backhoes and truck access.

·    Material handling and de-watering areas

·    Mowing operations (The layout should facilitate tractor mowing).

 

Emergency Considerations

If fencing is determined necessary consideration needs to be given to:

·    Bush fire fighting;

·    Emergency vehicle access;

·    Shared keys with other authorities

 

To keep things in perspective Nambucca Shire Council has many kilometres of land adjoining the ocean, rivers, and creeks.  There are also other bodies of water such as at Dawkins Park Macksville which are more accessible and attractive to the public and children especially.  The Kingsworth Estate Dam is located well away from high population areas, houses, schools, and infrastructure and is not overly attractive to children. 

 

Whilst the potential for drowning is always present I would consider the likelihood extremely low.  To fence the dam would require approximately 2 kilometres of fencing.  Fencing or dense planting would restrict access to the dam by authorities and the adjoining properties owners which could hinder fire fighting efforts. The cost of fencing would be prohibitive and disproportionate to the likelihood of an incident occurring.

 

There is no current legal requirement for fencing

 

Recommendations

1.   Warning signage be installed at the entry points warning of the hazards;

2.   A 4.3m wide access road be constructed with a lockable gate;

3.   Keys be controlled by Council and issued to Council staff and other authorities;

4.   Do not install seats for walkers;

5.   Do not create or construct access paths

 

 

This assessment is based on the current use of the dam site as a source of water for authorities.  If in the future the incorporation of infrastructure such as access paths, boardwalks, viewing platforms, tables, play equipment etc is to be constructed, which will invite people to the dam site or make the site attractive to children then additional risk assessment will be required.

 


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.4      SF1480            161014         Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

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

 

Summary:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Recommendation:

 

That a new license agreement for encroachments be entered into with the new owner of the Swimming Creek Caravan Park, the Dennien Group, at an initial rental of $9,307.84 with annual CPI indexation, and that Council’s seal be attached to the licence documents as required.

 

 

 

OPTIONS:

 

·      Council can accept the recommendation

·      Council can refuse the issue of a new license.  It would need to inform Crown Lands of this decision and should it be endorsed then all of the encroachments would need to be removed.  This may mean that some of the existing residents may need to have their dwellings relocated out of the caravan park to another location or locality.

·      Ms Gee has posed a third alternative whereby Council deal separately with her encroachment and require that her dwelling only be relocated.  As it will be difficult to legally and practically distinguish between the individual owners of encroaching dwellings it is not recommended that Council deal with Ms Gee separate to the other owners of other encroaching dwellings.

 

 

DISCUSSION:

 

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

 

There was a site inspection as part of Council’s meeting on 31 July.  Council heard delegations from Ms Vicki Gee, Ms Louise Robinson, Ms Chels Marshall and Mr Barry Dennien.  The Council then resolved to defer the matter 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 provides the proposed conditions of the five year licence.

 

Ms Gee then requested that the matter be deferred until 16 October 2014 so that she may obtain legal advice.  At the date of preparing this report the response from Ms Gee had not been received.

 

The details of the further matters Council sought advice on are listed as follows:

 

Whether or not a Council order exists for the relocation of Ms Gee’s dwelling

 

Council issued a notice of intention to serve an order in relation to the installation of Ms Gee’s home on 18 March 2010.  The order proposed that the operator carry out all work as necessary to reinstall the relocatable home and associated structures described as Site 42, on to an approved long-term site within the caravan park in accordance with the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005.  The order was issued as the relocatable home, as installed, encroached outside the Caravan Park property boundary. The encroachment is upon a Crown Reserve and over an easement for water and sewer services within the Reserve.  The notice of intention to service an order did not proceed to an order as there were subsequent negotiations in relation to a lease and associated deed of agreement (refer to letter dated 28 November 2011).

 

Conditions of previous licence, in particular in relation to the removal of encroachments within the three year life of the licence

 

The endorsed licence showing the conditions is attached

 

Schedule 2 provides additional special clauses, with clause 2 providing that the Licensee shall not permit premises on the encroached land to be used other than by the bona fide permanent residence of the owners who were residents of the premises as at the commencement of the License, ie, 1 June 2011.

 

Clause 8 of schedule 2 provides that the licensee shall require the owners of premises wholly or partly on the demised land to remove such premises within a period of two months from when they cease to use the premises as their bona fide permanent residence or are required to leave the Park at the direction or notice of the Licensee.

 

There is no evidence of compliance with some of the additional clauses in Schedule 2 including clauses 4, 5, 7 and 8.  It must also be stated that Council has no way of obtaining information about the transfer of ownership of dwellings which are encroaching except through advice volunteered by the licensee.  Nor is Council privy to information that the owners of the encroaching dwellings are no longer using them as their bona fide permanent residence.

 

Proposed Conditions of New Licence

 

The proposed new licence as drafted by Crown Lands and forwarded to Council in February 2014 is attached.  Since the proposed licence was drafted the caravan park has changed ownership from Shibba to Dennien.

 

In relation to the licence conditions it is plain that Council has little control of some critical clauses, except by refusing to issue a new licence and by requiring the removal of the encroaching dwellings.  Such action would require the endorsement of Crown Lands.  Council can also expect representations from the owners of those dwellings about the social and financial costs of such relocation.

 

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

 

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

 

CONSULTATION:

 

·      Department of Lands Grafton

·      Previous owners being Mr Ian Watson

·      New Owner Mr Barry Dennien

 

It is proposed that Ms Gee and other affected tenants be advised that the report will be considered at this meeting.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This recommendation has no environmental concerns.

 

Social

 

This recommendation has no social implications.

 

Economic

 

The recommendation has no significant economic implications.

 

Risk

 

The risks to Council are indicated in the report.  If Council does not endorse a new licence then there is potential additional risk in relation to public liability being borne by Council and not the licensee.

 

 

FINANCIAL IMPLICATIONS:

 

The recommendation maintains the existing rental return.

 

Direct and indirect impact on current and future budgets

 

This report has no direct impact on current or future budgets

 

Source of fund and any variance to working funds

 

No funds or variances required.

 

 

Attachments:

1

6738/2010 - Notice of Intention to give an Order

 

2

33518/2011 - Relocation of Dwellings over Councils Rising Main

 

3

28624/2014 - Proposed Licence

 

  


Ordinary Council Meeting - 16 October 2014

Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

Enquiries to:     Mr Neil Pengilly

Our Ref:          SF1465 & LF2548

 

 

 

18 March 2010

 

 

 

Shibba Pty Ltd

PO Box 80

NAMBUCCA HEADS  NSW  2448

 

Dear Sir/Madam

 

LOCAL GOVERNMENT ACT 1993

NOTICE OF INTENTION TO GIVE AN ORDER

 

NOTICE:  You are hereby given notice in accordance with Section 132 of the Local Government Act 1993 that Council intends to serve an Order in accordance with the provisions of Section 124 (Order No 5) of that Act.

 

TERMS OF THE PROPOSED ORDER:         Carry out all work as is necessary to reinstall the relocatable home and associated stuctures described as Site 42, on to an approved long-term site within the Caravan park in accordance with the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

 

REASON:    The installation of the relocatable home is not in accordance with the Local Government (Manufactured Home Estates, Caravan parks, Camping Grounds and Moveable Dwellings) Regulation 2005. The relocatable home, as installed, encroaches outside the Caravan Park property boundary. The encroachment is upon a Crown Reserve and over an easement for water and sewer services within the Reserve.

 

PREMISES:      Lot 162, DP 755560, 26 Swimming Creek Road, Nambucca Heads.

 

PERIOD OF COMPLIANCE:  The Order is to be complied with by 28 May 2011.

 

REPRESENTATIONS:  You may make representations to Council as to why the Order should not be given, or why the terms of, or the period for compliance with, the Order should be altered. Any such representation should be made to Neil Pengilly, Nambucca Shire Council within  six (6) months of the date of this Notice. Any representations made by you will be considered in accordance with Sections 133-135 of the Local Government Act 1993. For the purposes of making those representations you may make them in person, in writing, or you may be represented by a barrister, solicitor or agent.

 

FURTHER INFORMATION:  Should any further information be required, contact  Mr Neil Pengilly on  (02) 6568 0258 between the hours of 11.00 am and 1.00 pm week days.

 

Yours faithfully

 

 

 

 

Neil Pengilly

SENIOR HEALTH & BUILDING SURVEYOR

 

NP:tmb

 

 

 

 

 

Enquiries to   :  Steven Williams

Phone No      :  6568 0206

Email             :  Steven.williams@nambucca.nsw.gov.au

Our Ref         :  SF1480

 

28 November 2011

 

 

 

Mr Watson

Shibba Pty Ltd

26 Swimming Creek Road

NAMBUCCA HEADS   NSW   2448

 

Dear Mr Watson

 

Relocation of dwellings over Councils rising main

 

I am writing further to our meeting on 19 July 2011 and subsequent conversations wherein we discussed the process of finalising lease arrangements for the encroachment onto the Crown Reserve and more particularly the encroachments over the Council’s rising main.

 

As discussed, Council’s Engineers require the dwelling to be removed from the easement area.  I note your advice that at this stage you cannot relocate the dwelling to within the Freehold but can remove the dwelling from the easement (albeit still outside the freehold boundary).  I note also that you have written to your Local Member requesting representation to the Minister for Lands in favour of a boundary adjustment to correct the encroachment issues.

 

To ensure the dwelling is moved only once you have requested that the dwelling remain insitu pending a response from the Minister.  As discussed, Council is agreeable in principle to this request provided Shibba Pty Ltd execute a Deed of Indemnity in favour of Council.  All costs associated with the drafting and preparation of the Deed to be met by Shibba Pty Ltd.

 

Please find enclosed a copy of the proposed Deed for your approval.  If all is in order please execute the Deed where indicated.  When the Deed is signed kindly return it to this office.

 

Also enclosed for your attention is the Tax Invoice from Fishburn Watson O’Brien for professional fees incurred in the preparation of the Deed.  Please account to Fishburn Watson O’Brien directly.  Please also advise Council when payment is made.

 

Please do not hesitate to contact me should you have any questions in regard to this matter.

 

Yours faithfully

 

Steven Williams

PROPERTY OFFICER

 

SW:ms

Enc    Copy of proposed Deed, Copy of Tax Invoice

 


Ordinary Council Meeting - 16 October 2014

Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

 

Nambucca Heads (R88941) public recreation reserve trust

 

 

 

 

 

 

 

And

 

 

 

 

 

 

 

SHIBBA PTY LTD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LICENCE AGREEMENT FOR OCCUPATION OF LAND FOR CARAVAN PARK ENCROACHMENTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting - 16 October 2014

Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

 

AGREEMENT dated ................................................. day of                                      , 2014

 

 

 

BETWEEN          NAMBUCCA HEADS (R88941) PUBLIC RECREATION RESERVE TRUST

(hereinafter called the “Licensor”)

 

AND                SHIBBA PTY LTD  ABN 21 071 457 255

(hereinafter called the “Licensee”)

 

 

THE PARTIES AGREE AS FOLLOWS.

1          INTERPRETATIONS, DEFINITIONS AND ADMINISTRATION

          Authority for grant of Licence

1.1       The Licensor warrants

(a)        That the Premises comprise the whole or part of a Reserve within the meaning of Part 5 of the Crown Lands Act 1989.

(b)        That the Licensor was established and appointed as Trustee of the Reserve under the Crown Lands Act 1989.

(c)        That the Licensor has power under Section 102 of the Crown Lands Act 1989 to grant a licence of the Reserve or part thereof subject to the Minister’s Consent.

Effect of Instrument

1.2       The Licensor and the Licensee expressly acknowledge that no rights or interests are conferred on either Party by the provisions of this instrument unless;

(a)        the Minister has granted consent under Section 102 of the Crown Lands Act 1989 to the grant of this Licence;

2    DEFINITIONS

In this Licence unless the contrary intention appears:

Access Plan means the drawing annexed to each Premises Appendix depicting the Premises and a description of the route of access to the Enclosed Area.

Base Annual Rent means:

(a)       the Initial Rent where the rent has not been redetermined or adjusted in accordance with sub-clauses 14.4 or 14.5; or

(b)        in any other case - the Rent as last redetermined or adjusted in accordance with those provisions;

Business Day means any day which is not a Saturday, Sunday or Public Holiday in New South Wales;

Commencement Date means the date referred to in Column 2 of Item 16 of Schedule 1;

Consumer Price Index Number means in relation to a quarter the number for that quarter appearing in the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician; 

Due Date means the date for payment of Rent under this Licence as is specified in Column 2 of Item 6, of Schedule 1;

Enclosed Area means the fenced area (which comprises the Premises and Third Party Exclusive Areas) described in each Premises Appendix as the Enclosed Area and shown on the Plan annexed to each Premises Appendix where land is, or is intended to be fenced;

Environmental Law means any law or state protection policy incorporated by reference to or being part of any Law relating to protection of the environment;

Expiry Date means the date referred to in Column 2 of Item 17 of Schedule 1;

"GST", "taxable supply", "consideration", "tax invoice" and “GST amount” have the meanings given to those terms in A New Tax System (Goods and Services Tax) Act 1999;

Hazardous Substance  means a substance that because of its quality, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, flammability,  physical, chemical or infectious characteristics, may pose a hazard to property, human health or the environment when improperly treated, stored, disposed of or otherwise managed;

Improvements mean any structure of a permanent nature attached to the land;

Initial Rent means the Rent payable under this Licence in respect of each Premise as is specified in Column 2 of Item 5 of Schedule 1;

Law includes the provisions of any statute, rule, regulation, proclamation, ordinance or by-law, present or future, whether state, federal or otherwise;

Licence means this licence including all Schedules and Annexures hereto;

Licensee means the licensee referred to in Column 2 of Item 2, of Schedule 1;

Licensor means the licensor referred to in Column 2 of Item 1 of Schedule 1 and includes its assigns and for the purpose of clauses 35, 36, 37, 38, 39, 40, 41, and 42 includes Her Majesty the Queen, the State of New South Wales and the Minister and their heirs, successors, agents, servants, employees and contractors;

Market Rent means the Rent as specified in Column 2 of Item 3, of Schedule 1 that would reasonably be expected to be paid for the site if it were offered for the same or a substantially similar use to which the site may be put under the Licence;

Market Rent Review Date means the date described as such in Column 2 of Item 8, of Schedule 1 and expressed as an absolute dollar or as a percent of the Market Rent;

Minister means the Minister administering the Crown Lands Act 1989;

Party/Parties mean the parties to this Licence;

Premises means the land and/or the buildings described in the Premises Appendix and on the plan annexed thereto;

Permitted Use means the use shown in Column 2 of Item 15, of Schedule 1;

Regulations mean the Crown Lands Regulation 2006;

Rent means the Base Annual Rent calculated and payable upon each Due Date  less any Rent Rebate granted to the Licensee together with all other payments due to be paid by the Licensee as Rent under this Licence;

Rent Rebate means such amount as specified in Column 2 of Item 4 of Schedule 1 given to the Licensee from the Licensor as per clause 14.6 as expressed either as an absolute dollar value or a percentage of the market value;

Sub-Licensee means a person who holds a sub-licence of any part of the Premises from the Licensee in accordance with the provisions of this Licence;

Tenant Fixtures means any plant or equipment, fittings or improvements in the nature of fixtures brought onto the Premises by, or on behalf of, or at the request of, the Licensee;

Term means the term of operation of this Licence in relation to the Premises;

Term of Agreement means the figure set out in Column 2 of Item 18, of Schedule 1;

Third Party Exclusive Areas means those areas that are exclusively for the use of third parties as shown on the Plan annexed to each Premises Appendix.

3        CONSTRUCTION

3.1       This Licence shall be constructed in accordance with this clause unless the context  requires otherwise;

3.1.1  Plurals

Words importing the singular include the plural and vice versa;

3.1.2  Gender

Words importing any gender include the other gender;

3.1.3    Persons

A reference to a person includes:

(a)        an individual, a firm, unincorporated association, corporation and a government;

and

(b)        the legal personal representatives, successors and assigns of that person;

3.1.4  Headings

Headings (including any headings described as parts and sub-headings within clauses) wherever appearing shall be ignored in constructing this Licence;

3.1.5    Clauses and sub-clauses

(a)        A reference to a clause includes all sub-clauses, paragraphs, sub-paragraphs and other components which form part of the clause referred to;

(b)        A reference to a sub-clause includes any sub-paragraphs and other components of the sub-clause referred to;

3.1.6    Time

A reference to time is a reference to local Sydney time;

3.1.7    Money

A reference to $ or dollars is a reference to the lawful currency of Australia;

3.1.8    Defined Terms

If a word of phrase is defined cognate words and phrases have corresponding definitions. A defined term, unless inconsistent with the context of its use, is denoted by the appearance of that word using a capital letter at the beginning of that word;

3.1.9    Writing

A reference to writing includes any mode of representing or reproducing words in tangible and permanently visible form;

3.1.10  Contra Preferentum

No rules of construction shall apply to the disadvantage of any Party responsible for preparation of this Licence or any part of it;

3.1.11  Statutes

A reference to a Statute, Act, legislation, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them made by any legislative authority;

 

3.1.12  Licence

A reference to this Licence shall include any extension or variation of this Licence;

3.1.13  Priorities

If an inconsistency occurs between the provisions of this Licence and the provisions of a licence granted in accordance with this Licence, the provisions of this Licence shall prevail.

3.2       Warranties and Undertakings

(a)        The Licensee warrants that it:

(i)         has relied only on its own inquiries about this Licence; and

(ii)        has not relied on any representation or warranty by the Licensor or any person acting or seeming to act on the Licensor’s behalf.

(b)        The Licensee shall comply on time with undertakings given by or on behalf of the Licensee.

3.3       Further Assurances

Each Party must do everything necessary to give full effect to this Licence.

(a)        Pursuant to clause 7, this Licence and any other agreement subsidiary to this Licence continue in full force and effect.

3.4       Relationship of Licensor and Licensee

Nothing contained or implied in this Licence shall be deemed or construed to create the relationship of partnership or of principal and agent or of joint venture between the Licensor and the Licensee. Specifically, the Parties understand and agree that neither the method of computation of Rent, nor any other provision, nor any acts of the Licensee and the Licensor or either of them will be deemed to create any relationship between them other than the relationship of Licensor and Licensee upon the terms and conditions only as provided in this Licence.

3.5       Time to be of the Essence

Where in any provision of this Licence a Party is given or allowed a specified time within which to undertake or do any act or thing or any power is conferred or any event occurs after the lapsing of a specified time, time shall be the essence of the contract in that regard.

4          SEVERABILITY

Any provision of this Licence which is prohibited or unenforceable in any jurisdiction shall as to such jurisdiction be ineffective to the extent of such prohibition or inability to enforce without invalidating the remaining provisions of such provisions in any other jurisdiction.

5        ESSENTIAL CONDITIONS OF LICENCE

The Licensor and the Licensee agree that the clauses specified in Column 2 of Item 19 of Schedule 1 are essential conditions of this Licence.

6        PERMITTED USE

6.1       Grant of Licence

The Licensor grants to the Licensee a right to occupy the area delineated on the plan annexed to the Premises Appendix.

6.2     Permitted Use only

The Licensee shall not:

(a)        use the Premises;

(b)        or allow the Premise to be used (except pursuant to a Licence lawfully granted by the Licensor),

for any purpose other than the Permitted Use specified or referred to in Column 2 of Item 15 of Schedule 1.

6.3     No exclusive possession

The Licensee acknowledges that this Licence does not confer exclusive possession of the Premises upon the Licensee.

7        COMMENCEMENT OF LICENCE AND TERM

This Licence shall commence on the date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 16, of Schedule 1 and subject to clauses 10 and 11 shall continue in force until the Expiry Date (and where a time is specified or referred to at that time) specified or referred to in Column 2 of Item 17, of Schedule 1.

8          NO RIGHT TO PURCHASE OR TRANSFER OF LICENCE RIGHTS

8.1       In respect of this Licence, and without limitation, the grant of this Licence does not confer upon the Licensee:

(a)        a right to purchase or lease any part of the Premises; or

(b)        any tenancy or other estate or interest in any part of the Premises other than contractual rights as Licensee under this Licence.

8.2       Subject to any other provisions of this Licence the Licensee shall not during the Term of this Licence, sub-licence, part with possession of the Premises, transfer or create any interest in the Licence or authorise or permit any person to occupy the Premises without the prior written consent of the Licensor and the Minister.

9          LICENSEE TO YIELD UP

9.1       The Licensee shall forthwith upon the termination of this Licence or any extension of it peaceably vacate the Premises at the Licensee’s expense.

9.2     The Licensee shall:

(a)        remove all Tenant’s Fixture/s, signs, names, advertisements, notices or hoardings erected, painted, displayed, affixed or exhibited upon, to or within the Premises by or on behalf of the Licensee (other than a notice displayed by the Licensor); and

(b)        rehabilitate the Premises, (to the extent to which it has been altered or affected by the Licensee’s occupation and use of the Premises) as nearly as practicable to the original condition before the installation of the Tenant’s Fixtures to the reasonable satisfaction of the Licensor; and

(c)        ensure that when it vacates the Premises in relation to its occupation of the Premises under this Licence, the Premises comply with any Environmental Law to the extent applicable at the time of granting of this Licence; and

(d)        leave the Premises in a clean and tidy condition.

9.3       Sub-clause 9.2 does not apply unless the Licensor permits the Licensee to carry out any works on the Premises reasonably required in order to comply with that clause.

10        TERMINATION OF LICENCE - S109 TO APPLY

10.1     Without limiting the Licensee’s statutory or other rights apart from this Licence, the Parties acknowledge that subject to subclause 10.2 this Licence shall terminate under section 109 of the Crown Lands Act 1989 if the Reserve is revoked or that part of the Reserve is revoked that comprises the whole or part of the Premises unless the revocation notification otherwise provides.

10.2     Where only part of the Premises is affected by the revocation or proposed revocation the Parties undertake to consult to determine if an agreement under Section 109(3) of the Crown Lands Act 1989 can be reached for the continuation of this Licence in respect to that part of the Premises not affected by the revocation.

10.3     The Licensee expressly acknowledges that as provided by Section 109(5) of the Crown Lands Act 1989 no compensation is payable in respect of the termination of this Licence by the operation of Section 109.

11       TERMINATION OF LICENCE ON DEFAULT

11.1     The Licensor may terminate this Licence in the manner set out below in the following circumstances:

(a)        if the Rent or any part of it or any moneys owing to the Licensor under the Licence is or are in arrears for one month, whether formally demanded or not;

(b)        if the Licensee breaches an essential condition of this Licence or any rule or regulation made under this Licence;

(c)        if defects notified under a provision of this Licence are not remedied within the time specified in the notice;

(d)        if the Licensee is a corporation and an order is made or a resolution is passed for its winding up except for reconstruction or amalgamation;

(e)        if the Licensee is a company and ceases or threatens to cease to carry on business or goes into liquidation, whether voluntarily or otherwise, or is wound up or if a liquidator or receiver (in both cases whether provisional or otherwise) is appointed;

(f)        if the Licensee is a company and is placed under official management under corporations law or enters a composition or scheme of arrangement;

(g)        if the interest the Licensee has under this Licence is taken in execution;

(h)        if the Licensee or any person claiming through the Licensee conducts any business from the licensed Premises after the Licensee has committed an act of bankruptcy.

11.2     In the circumstances set out in sub-clause 11.1 the Licensor may end this Licence by:

(a)        notifying the Licensee that it is ending the Licence; or

(b)        re-entering the Premises, with force if necessary, and ejecting the Licensee and all other persons from the Premises and repossessing them; or

(c)        doing both.

11.3     If the Licensor ends this Licence under this clause, the Licensee shall not be released from liability for any prior breach of this Licence and other remedies available to the Licensor to recover arrears of Rent shall not be prejudiced.

11.4     If the Licensor ends this Licence under this clause or the Licence terminates under clause 10, the Licensor may remove the Licensee’s property and store it at the Licensee’s expense without being liable to the Licensee for trespass, detinue, conversion or negligence. After storing it for at least one month, the Licensor may sell or dispose of the property by auction or private sale. It may apply any proceeds of the auction or sale towards any arrears of Rent or other moneys or towards any loss or damage or towards the payment of storage and other expenses.

12      ACCEPTANCE OF RENT NOT WAIVER

Demand or acceptance of Rent or any other moneys due under this Licence by the Licensor after termination does not operate as a waiver of the termination.

13      HOLDING OVER BY LICENSEE

(a)        At the end of the Term of Agreement as specified in Column 2 of Item 18 of Schedule 1, the Licensee shall be entitled with the consent of the Licensor and the Minister to remain in possession of the Premises on the following terms and conditions:

(i)         the Licensee shall become a monthly tenant of the Licensor at a monthly rental equivalent to one twelfth proportion of the annual Rent payable at the time of expiration or sooner determination of this Licence;

(ii)        the Licensee shall comply with and be bound by the terms and conditions of this Licence insofar as the terms and conditions are applicable, provided that the Licensor may from time to time by notice in writing served on the Licensee direct that any particular condition not apply or be amended in the manner set out in the notice.

(b)        The Licensor and the Licensee expressly agree that where any provision of this Licence confers any right, duty, power or obligation on a Party upon the expiration or determination of this Licence or on the Expiry Date and the Licensee is authorised to remain in possession of the Premises pursuant to a consent granted under this clause the emergence of the right, duty, power or obligation shall be postponed until such time as the Licensee ceases to be entitled to possession pursuant to this clause.

(c)        The tenancy created by operation of this clause may be determined by the Licensor serving on the Licensee a notice to quit. The notice shall take effect at the expiration of the period of one month from the date of service of the notice or such further period as may be specified in the notice.

(d)        The term of the tenancy created by operation of this clause is limited to twelve months from the expiry of the licence.

14        LICENSEE'S RENT AND OUTGOINGS

14.1     Licensee to Pay Rent

The Licensee covenants with the Licensor that the Licensee shall during the whole of the Term of Agreement and any extension of it pay the Rent to the Licensor in accordance with the provisions of this clause without demand free of exchange and without deduction whatsoever.

14.2     Goods and Services Tax

(a)        The Parties agree that all payments to be made and other consideration to be provided by the Licensee under the Licence are GST exclusive unless explicitly expressed otherwise. If any payment or consideration to be made or provided by the Licensee to the Licensor is for a taxable supply under the Licence on which the Licensor must pay GST and the Licensor gives the Licensee a tax invoice, the Licensee shall pay to the Licensor an amount equal to the GST payable (“the GST Amount”) by the Licensor for that taxable supply upon receipt of that tax invoice.

(b)        The Parties agree that they are respectively liable to meet their own obligations under the GST Law. The GST Amount shall not include any amount incurred in respect of penalty or interest or any other amounts payable by the Licensor as a result of default by the Licensor in complying with the GST Law.

14.3     Rent and Adjusted Rent

The Licensee shall pay to the Licensor on the Commencement Date the Initial Rent and thereafter must pay on each Due Date, Rent in advance adjusted as provided in sub- clauses 14.4 and 14.5.

14.4     Calculation of Annual Rental Adjustment

(a)        On each anniversary of the Due Date the Rent will be adjusted in accordance with the following formula:

where:

R         represents the Base Annual Rent following adjustment under this clause;

B  represents the Base Annual Rent before adjustment under this clause;

C         represents the Consumer Price Index Number for the last quarter for which such a number was published before the Due Date; and

D         represents the Consumer Price Index Number for the last quarter of the last adjustment of Rent for which such a number was published.

(b)        In the event that such index be discontinued or abolished the Minister may at his absolute discretion nominate another Index.

(c)        If the reference base for the Consumer Price Index is changed regard shall be had only to Index numbers published in terms of the new reference base or to Index numbers converted to the new reference base in accordance with an arithmetical conversion factor specified by the Australian Statistician.

(d)        Any Rent adjusted under this sub-clause shall be adjusted to the nearest whole dollar.

(e)        An adjustment of Rent made under this clause shall take effect on its Due Date, notwithstanding than any Rent notice to the Licensee is not issued until after that date specified or referred to in Column 2 of Item 6 of  Schedule 1.

14.5     Market Rent Review

(a)        In addition to the Rent adjustment provided for in clause 14.4 the Rent may, subject to the following provisions of this clause, be redetermined to an amount that is the Market Rent on that date with effect on and from each Market Rent Review Date by the Licensor;

(b)        A redetermination of Rent for the purposes of sub-clause 14.5(a) shall be taken to have been made on the Market Rent Review Date if it is made at any time within the period of six months before and up to six months after that Market Rent Review Date specified or referred to in Column 2 of Item 8 of Schedule 1.

(c)        Where the Licensor does not redetermine the Rent as provided for in sub-clause 14.5(a) it may subsequently redetermine the Rent at any time before the next Market Rent Review Date. No succeeding Market Rent Review Date shall be postponed by reason of the operation of this clause.

(d)        A redetermination of Rent made under sub-clause 14.5(a) or 14.5(c) shall take effect and be due and payable on the next Due Date following the date of issue of the notice of redetermination (or where the said Due Date and the date of issue of the notice of redetermination are the same, then that date) even if the Licensee wishes to dispute the redetermination.

14.6   Rent Rebate for Charitable or Non Profit Organisations

(a)        At the absolute discretion of the Licensor, the Licensor may determine that the Licensee is entitled to a Rent Rebate on the basis that the Licensee is a recognised charitable or non profit organisation;

(b)        Subject to sub-clause 14.6(a), the Rent is calculated by subtracting the Rent Rebate from the Base Annual Rent but must exceed the statutory minimum rental applicable to tenures under the Crown Lands Act;

(c)        Where the Licensee is not entitled to a Rent Rebate, the Base Annual Rent applies.

15      CONTINUING OBLIGATION

The obligation of the Licensee to pay Rent is a continuing obligation during the Term of Agreement and any extension of it and shall not abate in whole or in part or be affected by any cause whatsoever.

16        NO REDUCTION IN RENT

Subject to this Licence the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission impair, reduce or diminish directly or indirectly the Rent reserved or imposed by this Licence. However, if at any time during the Licence:

(a)        some natural disaster or other serious event occurs which is beyond the reasonable control of the Licensee; and

(b)        as a result of the damage caused by the natural disaster or other serious event, the Licensee is not able to use the Premises in a reasonable manner,

the Licensee’s obligations to pay Rent shall abate to the extent proportional to the effect on the Licensee’s ability to occupy and use the Premises until the Premises are restored to a condition in which the Licensee is able to conduct the Licensee’s activities and/or occupy the Premises in a reasonable manner.

17        LICENSEE TO PAY RATES

17.1     The Licensee shall when the same become due for payment pay all (or in the first and last year of the Term of Agreement the appropriate proportionate part) rates, taxes, assessments, duties, charges and fees whether municipal, local government, parliamentary or otherwise which are at any time during the currency of this Licence separately assessed and lawfully charged upon, imposed or levied in respect of the Licensee's use or occupation of the Premises to the extent referable to the Licensee's use or occupation of the Premises.

17.2     Where the Licensor requires evidence for such payments the Licensee shall produce such evidence within ten Business Days after the respective due dates for payment.

17.3     In the case where such rates, taxes, duties and fees so covenanted to be paid by the Licensee are not paid when they become due the Licensor may if it thinks fit pay the same and any such sum or sums so paid may be recovered by the Licensor as if such sums were Rent.

18        LICENSEE TO PAY OTHER CHARGES

The Licensee shall pay all other fees, charges and impositions for which it may properly be liable which are imposed by an authorised third party and which are at any time during the Term of Agreement payable in respect of the Premises or on account of the use and occupation of the Premises by the Licensee.

19        LICENSEE TO PAY FOR SERVICES

The Licensee shall as and when the same become due for payment pay to the Licensor or to any other person or body authorised to supply the same all proper charges for gas, electricity, water or other services supplied to the Licensee or consumed in or on the Premises, by the Licensee.

20        LICENSEE TO PAY COST OF WORK

Whenever the Licensee is required under this Licence to do or effect any act, matter or thing then the doing of such act matter or thing shall unless this Licence otherwise provides be at the sole risk, cost and expense of the Licensee.

21      COSTS PAYABLE BY LICENSEE TO LICENSOR

Except when law limits costs being recovered from a Licensor by a Licensee, the Licensee shall pay in full the Licensor's reasonable legal costs, the fees of all consultants and all duties fees, charges and expenses incurred reasonably, properly and in good faith by the Licensor in consequence of or in connection with or incidental to:

(a)        the preparation and completion of this Licence;

(b)        any variation of this Licence made otherwise than at the request of the Licensor;

(c)        any application for the consent of the Licensor and the Minister if applicable under this Licence;

(d)        any and every failure to comply, breach or default by the Licensee under this Licence;

(e)        the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence;

(f)        the examination of plans, drawings and specifications of any improvement erected or constructed or to be erected or constructed on the Premises by the Licensee and the inspection of it, in this case the costs to be mutually agreed;

(g)        any entry, inspection, examination, consultation or the like which discloses a breach by the Licensee of any covenant of this Licence;

(h)        the Licensee requiring the Licensor to do any act, matter or thing under this Licence, unless otherwise provided for in this Licence.

22        COSTS PAYABLE BY LICENSOR

The Licensor shall pay its own direct and external consultants costs in relation to any rental redetermination matter without reimbursement from the Licensee.

23        INTEREST ON OVERDUE MONEYS

The Licensee shall pay interest to the Licensor on any moneys due and payable under this Licence or on any judgment in favour of the Licensor in an action arising from this Licence until all outstanding moneys including interest are paid in full.  The rate of interest applicable is the rate set by the Licensor’s Bank for the time being as its benchmark rates for overdrafts of one hundred thousand dollars ($100,000.00) or more.  Interest shall accrue and be calculated daily.

24        MANNER OF PAYMENT OF RENT AND OTHER MONEYS

The Rent and other moneys payable in accordance with this Licence shall be paid to the address or bank account specified in Column 2 of Item 9, of Schedule 1 or to such other person or at such other address as the Licensor may from time to time direct by notice in writing served on the Licensee.

25      OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

25.1   Access

Subject to the sub-clauses hereunder the Licensor confirms that the Licensee shall have unfettered and free access to and from, the Premises at all times, provided however that:

(a)        The Licensee shall strictly observe the reasonable directions and requirements of the Licensor at all times regarding the methods and routes of access to the Premises taken by the Licensee;

(b)        If the Licensee has shown the position of its intended access on the Access Plan – Annexure B [INSERT DETAIL ON ATTACHED PLAN] and described the nature of the activity to be conducted on the land at those positions, then in respect of that access, the Licensor shall not require further notice;

(c)        The Licensee as far as is practicable, shall be required to use existing access tracks to, from, within and surrounding the Premises;

25.2   Entry by the Public

The Licensee shall allow the public to have right of access over that part of the Premises as specified in Column 2 of Item 20, of Schedule 1 and any such part of the Premises shall be suitably signposted. Otherwise the Licensee may prohibit unauthorised entry to the remainder of the Premises. If required by the Licensor plans showing the areas where public access is authorised and unauthorised shall be displayed in a prominent location at the entrance to the Premises.

25.3     Additions and Alterations

The Licensee shall not make any additions or alterations to the Premises without first obtaining the written consent of the Licensor, the Minister and your local Shire Council in its role as the statutory planning authority. Any additions or alterations consented to by the Licensor and the Minister shall be carried out at the Licensee’s expense.

25.4     Maintenance of Premises and Enclosed Areas

The Licensee shall keep the Premises, and shall ensure that the Premises are kept clean and tidy and in good order and condition, having regard to the extent of the Licensee’s occupation of the Premises under this Licence.

25.5     Licensee to erect barricades etc

Where the Premises or any part of the Premises become to the knowledge of the Licensee (or which ought reasonably to be in the knowledge of the Licensee) unsafe, hazardous or dangerous the Licensee shall forthwith erect such warning signs, fences and barricades as may be necessary until the Premises are rendered safe.

25.6     No residence on Premises

The Licensee shall not reside or permit any other person to reside on the Premises, unless Schedule 2, Special Conditions, permit otherwise.

25.7     Licensee not to remove material

(a)        The Licensee shall not mine, remove, extract, dig up or excavate any sand, stone, gravel, clay, loam, shell or similar substance from, on or in the Premises or permit any other person to undertake such action without the prior consent in writing of the Licensor and the Minister and subject to such conditions as the Licensor or the Minister may determine.

(b)        Sub-clause 25.7(a) does not apply to any removal, digging up or excavation as may be necessary to construct or undertake any Improvement authorised by or under this Licence provided that any such removal, digging up or excavation is undertaken in accordance with the requirements of that authorisation.

(c)        A failure by the Licensee to comply with any condition imposed pursuant to sub-clause 25.7(a) constitutes a failure by the Licensee to comply with a provision or covenant of this Licence.

25.8     Licensee not to burn off

The Licensee shall not carry out any burning off on the Premises except with the prior consent of the Licensor in writing, which consent shall not be unreasonably withheld, and after compliance with the requirements of the Rural Fires Act 1997.  Any consent granted in accordance with this clause shall be subject to such reasonable conditions as the Licensor may impose.

25.9     Rodents and Vermin

The Licensee shall take all reasonable precautions to keep the Premises free of rodents, vermin, insects and pests and shall in the event of failing to do so if required by the Licensor employ from time to time a duly certified pest exterminator at cost of the Licensee and as approved by the Licensor whose approval will not be unreasonably withheld. In performing its obligations pursuant to this clause the Licensee and any one acting on the Licensee's behalf shall not use any substance or undertake any activity prohibited by any legislation.

26        ADVERTISING

(a)        The Licensee shall not permit to be displayed or placed on the Premises or any part of them any sign, advertisement or other notice without first obtaining the Licensor's written consent other than safety signs, in respect of which the Licensor's consent shall not be required; and

(b)        The Licensor may at any time by notice in writing require the Licensee to discontinue to use any piece or mode of advertising to which the Licensor has granted consent under sub-clause 26(a) which in the opinion of the Licensor has ceased to be suitable or has become unsightly or objectionable and the Licensee on receipt of the notice shall comply accordingly.

27        NOTIFICATION OF ACCIDENT

The Licensee shall give to the Licensor prompt notice in writing of any serious accident or serious defect at or in the Premises or any part of them unless the defect or accident is capable of being and is promptly remedied by the Licensee.

28        LICENSEE NOT TO COMMIT NUISANCE ETC

The Licensee shall not:

(a)        carry on or permit to be carried on at the Premises any noxious, nuisance or offensive trade or business; or

(b)        carry on or permit to be carried on at the Premises any act, matter or thing which results in nuisance damage or disturbance to the Licensor or owners or occupiers of adjoining or neighbouring lands or buildings; or

(c)        use the Premises for any illegal activity.

29        HAZARDOUS SUBSTANCES

The Licensee shall not keep any Hazardous Substance on the Premises without prior consent of the Licensor, which consent shall not be unreasonably withheld.

30        RELICS

(a)        Unless authorised to do so by a permit under section 87 or a consent under section 90 of the National Parks and Wildlife Act 1974 and subject to observance and compliance with any conditions imposed on the grant of such permit or consent the Licensee shall not knowingly disturb, destroy, deface or damage any aboriginal relic or place or other item of archaeological significance within the Premises and shall take every reasonable precaution in drilling excavating or carrying out other operations or works in the Premises against any such disturbance, destruction, defacement or damage.

(b)        If the Licensee becomes aware of any aboriginal relic or place or other item of archaeological significance within the Premises the Licensee shall within 24 hours notify the Licensor and the Director-General of the Department of Environment and Conservation of the existence of such relic place or item.

(c)        The Licensee shall not continue any operations or works on the Premises likely to interfere with or disturb any relic, place or item referred to in sub- clause 30(b) without the approval of the Director-General of the Department of Environment and Conservation and the Licensee shall observe and comply with all reasonable requirements of the said Director-General in relation to carrying out the operations or works.

31        ARTEFACTS

All fossils, artefacts, coins, articles of value, articles of antiquity, structure and other remains or things of geological historical or archaeological interest discovered on or under the surface of the Premises shall be deemed to be the absolute property of the Licensor and the Licensee shall as authorised by the Licensor watch or examine any excavations and the Licensee shall take all reasonable precautions to prevent such articles or things being removed or damaged and shall as soon as practicable after discovery thereof notify the Licensor of such discovery and carry out the Licensor's orders as to the delivery up to or disposal of such articles or things at the Licensor's expense.

32        OWNERSHIP AND REMOVAL OF TENANT FIXTURES AND IMPROVEMENTS

(a)        During the Term of Agreement and any extension of it, ownership of Tenant Fixtures vests in the Licensee. Notwithstanding anything contained in this Licence, so long as any Rent or other moneys are due by the Licensee to the Licensor or if the Licensee has committed any breach of this Licence which has not been made good or remedied and whether the Licensee is still in possession or not, the Licensee shall not be entitled to remove any of the Tenant Fixtures, fittings or equipment from the Licensed property.

(b)        Upon expiry of the Licence all Improvements undertaken by the Licensee become the property of the Licensor.

33        GENERAL REQUIREMENT TO REPAIR

Without prejudice to the specific obligations contained in this Licence the Licensee shall to the satisfaction of the Licensor at all times keep the Premises in good repair and properly maintained in all respects.

34        BREAKAGES

The Licensee shall immediately at the Licensee's expense make good any breakage defect or damage to the Premises (including but not limited to broken glass) or to any adjoining premises or to any facility or appurtenance of the Licensor occasioned by want of care, misuse or abuse on the part of the Licensee or the Licensor's other Licensees occupants occupiers or other persons claiming through or under the Licensee or otherwise occasioned by any breach or default of the Licensee hereunder.

35        INDEMNITIES AND INSURANCE

35.1     Indemnity for use of Premises

(a)        The Licensee shall indemnify and keep indemnified the Licensor from and against all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever to which the Licensor shall or may be or become liable for or in respect of the Licensee’s occupation operation and use of the Premises or for or in respect of all losses, damages, accidents or injuries of whatsoever nature or kind and howsoever sustained or occasioned (and whether to any property or to any person or resulting in the destruction of any property or the death of any person or not) at or upon the Premises or originating on the Premises although occurring or sustained outside the same except to the extent that any such claims and demands:

(i)         arise from or are contributed to by the negligence or wilful act or omission on the part of the Licensor; or

(ii)        arise from the occupation, operation or use of the Premises by any other occupier, or the acts of any person who has access to the Premises with the consent of another occupier, and the Licensor is adequately indemnified by that other occupier in respect of the relevant claim or demand, and the Licensor shall use its reasonable endeavours to ensure that an indemnity in this form is contained in any agreement with any other occupier of the Premises.

35.2     Indemnity Continues After Expiration of Licence

The obligations of the Licensee under this clause continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for the period limited by the Statute of Limitations.

35.3     Exclusion of Consequential Loss

Despite any other provision of this Licence, both Parties exclude, and agree that they shall have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.

36        INSURANCE - PUBLIC RISK

The Licensee shall effect and maintain with a reputable and solvent insurer with respect to the Premises and the activities carried on in the Premises public risk insurance for an amount not less than the amount set out in Column 2 of Item 12, of Schedule 1 or such other amount as the Licensor may from time to time reasonably require as the amount payable in respect of liability arising out of any one single accident or event. The Licensor acknowledges that the Licensee may effect the public risk insurance pursuant to an insurance policy which is not specific as to the location of risk.

37        PROVISIONS RE POLICIES

(a)        All insurance policies required to be effected by the Licensee pursuant to this Licence are specified in Schedule 2, Special Conditions and shall be in place prior to the Licensee occupying the Premises.

(b)        The Licensee shall produce to the Licensor, once per calendar year or once per period of insurance (whichever first occurs), a certificate of insurance and/or a certificate of currency in respect of the insurance policies required to be effected by the Licensee pursuant to this Licence.

(c)        The Licensee shall not at any time during the Term of Agreement do or bring upon the Premises anything which it ought reasonably believe may render void or voidable any policy of insurance.  If the Licensee brings anything onto the Premises whereby the rate of premium on such insurance is liable to be increased, the Licensee shall obtain insurance cover for such increased risk and pay all additional premiums on the Premises required on account of the additional risk caused by the use to which the Premises are put by the Licensee.

(d)        The Licensee shall use all reasonable endeavours to ensure that full, true and particular information is given to the office or company with which the said insurances are effected of all matters and things the non-disclosure of which might in any way prejudice or affect any such policy or policies of insurance or the payment of all or any moneys there under.

38        INDEMNITY FOR NON-COMPLIANCE WITH LEGISLATION

The Licensee shall indemnify and keep indemnified the Licensor from and against any and all actions, suits, claims, demands, proceedings, losses, damages, compensation, sums of money, costs, legal costs, charges and expenses whatsoever arising from the non-compliance by the Licensee with any New South Wales or Commonwealth legislation that may apply to the Licensee’s use and occupation of the site and access thereto and the Licensee’s operation of their business from the site and access thereto.

This clause shall not merge on the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

39        INDEMNITY FOR BREACH OF ENVIRONMENTAL LAW

Without prejudice to any other indemnity granted by this Licence, the Licensee shall indemnify and keep the Licensor indemnified against all claims whatsoever arising from a breach by the Licensee of any Environmental Law which breach is in relation to the Premises. This clause shall not merge on expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination.

40        NO LIABILITY FOR FAILURE OF SERVICES

The Licensor shall not be under any liability for any loss, injury or damage sustained by the Licensee or any other person at any time as a result of or arising in any way out of the failure of the electricity, telephones, gas, water supply, sewerage, drainage or any other services or facilities provided by the Licensor or enjoyed by the Licensee in conjunction with the Premises or this Licence provided that such failure is not due to the negligent or wilful  act or omission of the Licensor its servants or agents.

41        LICENSEE NOT TO IMPOSE LIABILITY ON LICENSOR

Subject to any other provision of this Licence, the Licensee shall not without the written consent of the Licensor by any act, matter or deed or by failure or omission cause or permit to be imposed on the Licensor any liability of the Licensee under or by virtue of this Licence even though the Licensee is entitled to do so under any law present or future or otherwise.

42        RELEASE OF LICENSOR FROM LIABILITY

(a)        The Licensee shall occupy, use and keep the Premises at the risk of the Licensee and hereby releases to the full extent permitted by law the Licensor from all claims and demands of every kind resulting from any accident, damage or injury occurring therein but excluding such claims and demands to the extent that such claims and demands arise out of the negligent or wilful acts omissions or default of the Licensor and the Licensor shall have no responsibility or liability for any loss of or damage to fixtures and/or personal property of the Licensee or any agent or servant of the Licensee or of any member of the public whilst in or upon the Premises  but excluding such loss or damage claims and demands to the extent that such loss or damage, claims and demands arise out of the negligent acts or wilful omissions or default of the Licensor.

(b)        The obligations of the Licensee under this clause shall continue after the expiration or other determination of this Licence in respect of any act, deed, matter or thing happening before such expiration or determination for which the Licensee is responsible. Such obligation is to be governed by the Statute of Limitations.

43        LICENSOR’S WARRANTIES AND COVENANTS

43.1     Hazardous Chemicals

The Licensor warrants that it has not received any notice pursuant to the Environmentally Hazardous Chemical Act, 1985 (NSW).

44        LICENSOR'S POWERS AND FUNCTIONS

44.1     Approval by Licensor

(a)        In any case where pursuant to this Licence the doing or executing of any act, matter or thing by the Licensee is dependent upon the approval or consent of the Licensor such approval or consent shall not be effective unless given in writing and may be given or withheld (unless the context otherwise requires) by the Licensor and may be given subject to such conditions as the Licensor may determine unless otherwise provided in this Licence provided such consent or approval is not unreasonably withheld or such terms and conditions are not unreasonable.

(b)        Any failure by the Licensee to comply with a condition imposed by the Licensor pursuant to sub-clause 44.1(a) constitutes a failure by the Licensee to comply with a condition of this Licence.

45        APPLICATION OF CERTAIN STATE AND COMMONWEALTH LAWS

45.1     Proportionate Liability

          Part 4 of the Civil Liability Act 2002 (NSW) does not apply to this Licence.

45.2     Licensee to Comply with all Commonwealth and NSW State Laws

(a)        The Licensee shall comply with the requirements of all Statutes, regulations or by-laws and requirements of all relevant public and local authorities in so far as they apply in relation to the use and occupation of the Premises to the extent to which the Licensee is bound at law to comply with the same and nothing in this Licence affects this obligation.

(b)        The Licensee shall forthwith on being served with a notice by the Licensor comply with any notice or direction served on the Licensor by a competent authority relating to the destruction of noxious animals or plants or pests or the carrying out of repairs alterations or works on or to the Premises.

45.3     Licensee to Comply with Environmental Laws

In relation to its use of the Premises, the Licensee shall, during the Term of Agreement, and in relation to the Premises:

(a)        comply with relevant Environmental Law;

(b)        use its best endeavours to prevent a breach of any Environmental Law;

(c)        report any breach even if accidental; and

(d)        provide to the Licensor as soon as reasonably practicable details of notices received by or proceedings commenced against the Licensee pursuant to an Environmental Law:

(i)         relating to a breach or alleged breach by the Licensee of an Environmental Law; or

(ii)        requiring the Licensee to carry out works to decrease the affectation of the Premises by any Hazardous Substance.

45.4     Licensee’s Failure to Comply with Statutory Requirements

Where the Licensee breaches any law in relation to its use of the Premises it is taken to breach a condition of the Licence, provided that:

(a)        the Licensee has been found guilty of the breach, and

(b)        the Licensor determines that the breach warrants the termination of the Licence.

46        NOTICES

46.1     Service of Notice on Licensee

Any notice served by the Licensor on the Licensee must be in writing and shall be sufficiently served if:

(a)        served personally or left addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor; or

(b)        sent by email to the Licensee’s email address stated in Column 2 of Item 10, of Schedule 1 or such other address as the Licensee notifies in writing to the Licensor;

(c)       sent by facsimile to the Licensee’s facsimile number stated in Column 2 of Item 10, of Schedule 1 or such other number as the Licensee notifies in writing to the Licensor; or

(d)        forwarded by prepaid security mail addressed to the Licensee at the address stated in Column 2 of Item 10, of Schedule 1;

and every such notice must also be served on the Licensee’s solicitors as they may be nominated from time to time, or such other address or facsimile number as the Licensee’s solicitors notify in writing to the Licensor, by any methods identified in subclauses 46.1 (a), (b) and (c).

46.2     Service of Notice on Licensor

Any notice served by the Licensee on the Licensor must be in writing and shall be sufficiently served if:

(a)        served personally or left addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee; or

(b)        sent by email to the Licensor’s email address stated in Column 2 of Item 11,  of Schedule 1 or such other address as the Licensor notifies in writing to the Licensee;

(c)        sent by facsimile to the Licensor’s facsimile number stated in Column 2 of Item 11, of Schedule 1 or such other number as the Licensor notifies in writing to the Licensee; or

(d)        forwarded by prepaid security mail addressed to the Licensor at the address stated in Column 2 of Item 11, of Schedule 1

and every such notice must also be served on the Licensor’s solicitors, as they may be nominated from time to time, or such other address or facsimile number as the Licensor’s solicitors notify in writing to the Licensee, by any methods identified in subclauses 46.2 (a), (b) and (c).

46.3     Notices

(a)        Any notice served by the Licensor or the Licensee under this Licence shall be effective if signed by a director or secretary or the solicitors for the Party giving the notice or any other person or persons nominated in writing from time to time respectively by the Licensor or by the Licensee to the other.

(b)        Any notice sent by prepaid security mail shall be deemed to be served at the expiration of 2 Business Days after the date of posting.

(c)        Any notice sent by facsimile machine shall be deemed to be served on the first Business Day after the date of transmission (provided that the sending Party receives a facsimile machine verification report indicating that the notice has been transmitted).

47        PROCEDURE - DISPUTE RESOLUTION

(a)        In the event that the Licensor and the Licensee are in dispute regarding any matter relating to or arising under this Licence or in respect of any approvals or consents to be granted by the Licensor (except those approvals or consents where the Licensor has an obligation to act reasonably) to the Licensee hereunder or where it is acting in its statutory capacity, then either the Licensor or the Licensee may give notice and particulars of such dispute to the other Party.

(b)        Where a notice of dispute is served pursuant to this clause the Parties agree to enter into informal negotiations to try and resolve the dispute in good faith and in an amicable manner.

(c)        If the dispute is not resolved informally within 21 days of service of written notification, the Parties may confer with a mutually agreed third party whose role will be to assist in the resolution of the dispute by mediation or expert appraisal of the dispute. The Parties agree to provide all information and assistance reasonably requested by such third party, including access to any accounting or other business records relating to or arising out of the Licence.

(d)        A third party appointed in accordance with this clause may decide in which proportions any fees will be borne by the respective Parties. In the absence of any such decision by the third party fees shall be borne equally by the Parties.

(e)        Neither Party shall be entitled to commence or maintain any proceedings in any court or tribunal until negotiations or mediations have taken place pursuant to this clause except where either Party seeks urgent interlocutory relief.

(f)        Either Party may at any time bring negotiations or mediation to an end by serving upon the other Party written notice stating that the dispute has failed to be resolved. Upon service of such notice both Parties shall be entitled to pursue any legal remedies available to them in relation to the dispute.  This sub-clause does not in any way limit a mediator's power to apportion fees under sub-clause 47(d).

(g)        Notwithstanding the existence of a dispute under this or any other clause of this Licence the Parties must, unless acting in accordance with an express provision of this Licence, continue to perform their obligations under this Licence.

MISCELLANEOUS

48        NO MORATORIUM

Any present or future legislation which operates to vary obligations between the Licensee and the Licensor, except to the extent that such legislation is expressly accepted to apply to this Licence or that its exclusion is prohibited, is excluded from this Licence.

49        NO WAIVER

No waiver by a Party of any breach of any covenant obligation or provision in this Licence either express or implied shall operate as a waiver of another breach of the same or of any other covenant obligation or provision in this Licence contained or implied.  None of the provisions of this Licence shall be taken either at law or in equity to have been varied waived discharged or released by a Party unless by express consent in writing.

50        NO MERGER

Nothing in this Licence merges, postpones, extinguishes lessens or otherwise prejudicially affects the rights and remedies of the Parties under this Licence or under any other agreement.

51        COUNTERPARTS

(a)        A Party may execute this Licence by signing any counterpart.

(b)        All counterparts constitute one document when taken together.

52        CONTACT PERSON

The Licensor and the Licensee each must nominate a person to contact about matters arising under this Licence. The person so nominated is the person referred to in Column 2 of Items 13 and 14, of Schedule 1 or such other person as the Licensor nominates in writing to the Licensee and the Licensee nominates in writing to the Licensor from time to time.

53        APPLICABLE LAW

This Licence shall be construed and interpreted in accordance with the law of New South Wales.

54        NO HOLDING OUT

The Licensee shall not in connection with the Premises or otherwise directly or indirectly hold out or not permit to be held out to any member of the public any statement, act, deed, matter or thing indicating that the Premises or the business conducted or operated thereon or any parts or parts thereof are or is being carried on or managed or supervised by the Licensor nor shall the Licensee act as or represent itself to be the servant or agent of the Licensor.

55      WHOLE AGREEMENT

(a)        The provisions contained in this Licence expressly or by statutory implication cover and comprise the whole of the agreement between the Parties.

(b)        No further or other provisions whether in respect of the Premises or otherwise shall be deemed to be implied in this Licence or to arise between the Parties hereto by way of collateral or other agreement by reason or any promise representation warranty or undertaking given or made by any Party hereto to another on or prior to the execution of this Licence.

(c)        The existence of any such implication or collateral or other agreement is hereby negatived.

56      SPECIAL CONDITIONS

The Special Conditions set out in Schedule 2 apply and form part of this Licence.


SCHEDULE 1

Item

Clause

Column 1

Column 2

1

2

Licensor

Nambucca Heads (R88941) Public Recreation Reserve Trust

2

2

Licensee

Shibba Pty Ltd

3

2

Market Rent Value

[INSERT $xx pa]

4

2

Rent Rebate Value

Nil

5

2

Initial Rent (to be paid by Licencee)

[INSERT $xx pa]

6

2

Due Date

1 June 2014 and each anniversary of this date in each year of the Term of Agreement

7

14.4

Annual Rental Adjustment

CPI adjustments every 12 months from commencement excluding Market Rent Review years and annually there after

8

14.5

Market Rent Review Date

3 years from Commencement Date of Licence and every 3 years thereafter

9

24

Address for Payment of Rent

OR

[OPTIONAL] Direct Debit  & Electronic Funds Transfer details for payment of rent

c/- Nambucca Shire Council

PO Box 177, Macksville NSW 2447

 

Name of financial institution: National Australia Bank

BSB: 082-684

Acc no: 03592-6305

Account in name of: Nambucca Shire Council General Account

10

46.1

Licensee’s address for Service of Notices

 

c/- Nambucca Beach Holiday Park

26 Swimming Creek Road,

Nambucca Heads NSW 2448

Attention: Mr Ian Watson

Phone: 02 6568 6120

Facsimile:

Email:

11

46.2

Licensor’s address for Service of Notices

 

c/- Nambucca Shire Council

44 Princess Street, Macksville NSW 2447

Attention: General Manager

Phone: 02 6568 2555

Facsimile: 02 6568 2201

Email: council@nambucca.nsw.gov.au

12

36

Public Risk Insurance amount

$20 Million

13

52

Licensor’s Contact Person

Mr Wayne Lowe

Property Officer

14

52

Licensee’s Contact Person

Mr Ian Watson

Director

15

6

Permitted Use

Caravan Park Encroachments and to facilitate removal of encroaching improvements, mobile homes, caravans, gardens, sheds and like structures from the Premises

16

7

Commencement Date

1 June 2014

17

7

Expiry Date

30 May 2019

18

2

Term of Agreement

Five (5) years

19

5

Essential Conditions of Licence

Clauses 6.2, 6.3, 8, 14, 33, 36, 37, 38, 45.2, 45.3, 45.4, 56.1, 56.2, 56.3, 56.4, 56.5, 56.7 and 56.9

20

25.2

Entry by the public

N/A

 

 

End of Schedule 1


Schedule 2 Special Conditions

 

Operation of Premises

56.1     The Licensee shall use all reasonable endeavours to ensure that the Premises are operated in a reputable manner and in accordance with sound business methods and any operating approvals granted by Nambucca Shire Council

56.2     For the purposes of this Licence an encroachment is defined as any existing building, mobile home, caravan, shed, awning, associated structures and garden or like structure extending onto or entirely upon the Premises which was not constructed or established by the Licensor or the Minister.

56.3     The Licensee shall not permit the encroachments on the Premises to be used other than by the bone fide permanent residence of the owners:

(a)     Whose encroachment is wholly or partly on the Premises, and;

(b)     Who were bona fide permanent residents of the encroachment/s as at the commencement of the Licence.

56.4     The Licensee shall not, and shall not permit, the erection of any building, or the alteration, improvement or extension of any existing building, or the siting or extension of further encroachments on the Premises.

56.5     Should the Licensee becomes aware of further encroachments onto the Premises the Licensee shall be responsible for and shall take immediate action to remedy the encroachment.

56.6     The Licensee expressly agrees that the Licensee shall not and shall not permit the construction, erection or effect any building structure or work which encroaches onto the Crown reserve adjoining the Premises.

56.7     The Licensee shall maintain the boundary fence of the Premises at the Licensees expense in a proper and workmanlike manner.

56.8     The Licensee shall notify the Licensor and the Minister in writing immediately upon exchange of contracts for sale of associated freehold land being Lot 162 DP 7555560.

Licensee to pay Costs of Licensor

56.9     The Licensee shall pay in full the Licensor's legal costs the fees of all consultants and all duties fees charges and expenses incurred by the Licensor in consequence of or in connection with or incidental to:

(a)     preparation and approval of any Survey Plan together with all Development Application and Subdivision Certificate and Plan registration;

(b)     any variation to this Licensee made otherwise than at the request of the Licensor;

(c)     any application for the consent of the Licensor under this Licence;

(d)     any failure to comply with any breach or default by the Licensee under this Licence; and

(e)     the exercise or attempted exercise of any right power privilege authority or remedy of the Licensor under or by virtue of this Licence.

Ownership of Improvements and/or Encroachments

56.10   Clause 32 does not apply. The Licensee acknowledges that upon expiry, forfeiture, termination or surrender of this Licence all Improvements and Encroachments on the Premises do not become the property of the Licensor or the Minister.

Removal of Encroachments

56.11   Should the Licensee achieve the removal of any encroachments from the Premises during the term, and the removal works are to the satisfaction of the Licensor, the Licensee may request a review of the rent and the Licensor may consider the request.

56.12   In determining the quantum of any rent reduction, the Licensor shall have regard to that proportion of land which is returned to public use and apply this amount to the current rental.

 

Aboriginal Land Claims

56.13   The Licensee and the Licensor acknowledge that Lot 7003 DP 1113130 and Lot 7001 DP 1117183 are the subject of existing Land Claims under the Aboriginal Land Rights Act 1983, and that this Licence may be amended or terminated upon determination of the claim by the Minister.

Easement for Pipeline

56.14   The Licensee and the Licensor acknowledge that Lot 7003 DP 1113130 is subject to an easement for pipeline, under control of Nambucca Shire Council, and that this Licence may be amended upon direction from Council to the Licensee to remove the encroachments affecting this easement. Removal of encroachments will be at the cost of the Licensee.

 

 

End of Schedule 2


Dated this                                                 day of                                    , 2014

 

THE COMMON SEAL of Shibba Pty Ltd was affixed in the presence of:

 

 

THE COMMON SEAL of Nambucca Shire Council as Corporate manager of Nambucca Heads (R88941) Public Recreation Reserve Trust  was affixed pursuant to a resolution passed the [Insert Day] day of [Insert Month], 2014

in the presence of

 

Signature

 

Print Name

 

Office Held

 

 

First Signatory

 

Print Name

 

Office Held

SIGNED BY THE LICENSEE in the presence of

 

Signature of Witness

 

Print Name                                                      

 

 

Print Address of Witness                                 

 

 

 

 

Second Signatory

 

Print Name

 

Office Held

 

Ministerial Consent*

Under authority of Section 102 of the Crown Lands Act 1989.

Dated this                                                day of                                     , 2014

 

 

SIGNED by ………………………………………………….....................…under delegation

 

Print Name of delegate

 

Print Position of Delegate

 

 

 

 

 

 

 

 


PREMISES APPENDIX

THIS IS A PREMISES APPENDIX REFERRED TO AND DEFINED IN THE LICENCE AGREEMENT BETWEEN THE NAMBUCCA HEADS (R88941) PUBLIC RECREATION RESERVE TRUST AND SHIBBA PTY LTD IN ACCORDANCE WITH THE PROVISIONS OF CROWN LANDS ACT 1989 FOR THE PERMITTED USE CARAVAN PARK ENCROACHMENTS, THIS PREMISES APPENDIX VARIES AND FORMS PART OF THE LICENCE AND ITS TERMS ARE INCORPORATED IN THEIR ENTIRETY INTO THE LICENCE

 

Descriptions of Land

Reserve Number

Part Reserve 88941

Lot & Deposited Plan

Part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183

Parish

Nambucca

County

Raleigh

Locality

Nambucca Heads

Street Address

26 Swimming Creek Road, Nambucca Heads NSW 2448

Licence Area

2401 square metres

Plan of Licence area

Licence area shown by red edging on the attached plan and marked as “A”

Third Party Exclusive Area

Dwelling, sheds and gardens identified as encroaching onto the Licence area as shown on the attached plan marked as “A”

Enclosed Area

Enclosed area shown by red edging on the attached plan and marked as “A”

 

 


Ordinary Council Meeting - 16 October 2014

Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

 “A”

 


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.5      SF125              161014         Staff Training

 

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

 

Summary:

 

Council resolved previously that a report be received on staff training outlining what the staff training requirements are, compared to the training offered and the perceived benefit/value/effectiveness of the training given.

 

 

Recommendation:

 

That Council note the information provided.

 

 

OPTIONS:

 

The report is for information only.

 

 

DISCUSSION:

 

Council’s approach to training has traditionally been quite conservative, with the primary focus on risk/compliance based training. For the most part, this is the result of pressure to limit spending across all areas of Council. An analysis of training undertaken during 2013/14 (see Table 1) shows that:

 

·      Expenditure on training was around $65,300 not including ancillary costs such as travel, accommodation and salaries.

 

·      36% of training activity could be categorised as risk/compliance based; 27% as professional development (eg conferences); 25% as skills acquisition and development; and 12% as higher education (eg TAFE certificates and diplomas).

 

·      49% of expenditure was on risk/compliance; 20% on higher education (less activity but more expensive); 19% on skills acquisition and development and 12% of expenditure on professional development.

 


Table 1 – Training Register 2013/14

 

Dept/Section

Training

 Cost *

Provider

General Manager

LGMA Annual Conference

     950.00

LGMA

Business Development

SEGRA Conference

     612.85

SEGRA

Community Development

Annual Children and Youth Services Conference

50.00

Port Macquarie-Hastings Council

Giving Your Initiative Sustainability for the Future

     200.00

CO-OPS Collaboration

Joint Investigative Response Team workshop

            nil  

NSW Families Services Inc

Libraries Australia Document Delivery

     418.00

Unilinc

Linking Families workshop

            nil  

NSW Families Services Inc

NSW Public Libraries Conference

418.00

NSW Metropolitan Libraries Association

 

NSW Youth Conference

320.00

Youth Action Policy Association

 

Senior First Aid

300.00

Survival It’s Life

Write for Impact (Business Writing)

376.20

Local Government NSW

Development & Environment

Authorised Officer Intensive Food Surveillance

nil

NSW Food Authority

Bushfire Assessment Skills

660.00

Bushfire Consulting Services Pty Ltd

Companion Animals Short Course

275.00

Aust Institute of Local Govt Rangers

Contaminated Land Management Training

297.00

EPA

Diploma Building Surveying

1,514.00

TAFE NSW

Fire Safety Engineering Workshop

     795.00

Australian Institute of Building Surveyors

NSW Companion Animals Legislation Update

nil  

 NSW Rangers Institute

 

Senior First Aid

450.00

Survival It’s Life

Septic Tank Action Group annual conference

30.00

Septic Tank Action Group

Waterproofing Compliance

nil  

Australian Institute of Building Surveyors

Human Resources

Asbestos Training

75.00

Local Government NSW

Authority Payroll Refresher Training

3,993.00

Civica Pty Limited

Claims Management

nil

Statewide Mutual

 

Corruption Prevention

nil

ICAC

 

Risk Management Conference

495.00

Statewide Mutual

Taxation and Payroll training

495.00

Aust Wide Taxation and Payroll Training

Corporate Services

Professional Certificate in Asset Management Planning

1,980.00

Institute of Public Works

The What and How of the New ISO 55000

330.00

Institute of Public Works

Business Services

Building Personal Resilience

nil

StateCover

Managing Digital Records

350.00

Recordkeeping Innovation Pty L

Records Management Fundamentals

525.00

Recordkeeping Innovation Pty L

Records Management Seminar

380.00

RIM Professionals Australasia

 

Senior First Aid

450.00

Survival It’s Life

Write for Impact (Business Writing)

752.40

Local Government NSW

Financial Services

Certificate III Accounts Administration

3,352.00

TAFE

FBT Seminar

350.00

Australian Tax College

GST training

1,188.00

Australian Tax College

 

Senior First Aid

150.00

Survival It’s Life

The What and How of the New ISO 55000

330.00

Institute of Public Works

Information Technology

Certificate IV in Spatial Information Services

539.00

TAFE

Civica Annual Conference

1,660.00

Civica Pty Limited

CMS Pagemind - Web and Intranet

920.00

Angus Halliday

Local Government IT Conference

650.00

Coffs Harbour City Council

Engineering Services

APAS Annual Surveyors Conference

     420.00

Association of Public Authority Surveyors

Dam Safety Management Forum

nil   

Water Directorate

Development Control Short Course

1,990.00

University of Technology Sydney

Drainage for Road Design

1,496.00

ARRB Group Ltd

IPWEA Regional Forum

165.00

IPWEA

Local Government Water Management Conference

539.00

Local Government NSW

Mock Trial

76.76

Statewide Mutual

NSW Local Roads Congress

800.00

IPWEA

NSW Water Industry Operations Conference

594.00

Water Industry Operators

Powers and Duties of a Local Government Engineer

3,960.00

Institute of Public Works

Professional Certificate in Asset Management Planning

1,980.00

IPWEA

 

Senior First Aid

300.00

Survival It’s Life

The What and How of the New ISO 55000

990.00

Institute of Public Works

Write for Impact (Business Writing)

752.40

Local Government NSW

Engineering Outdoor

Apply Traffic Control Plans

530.00

Map Training

Chemical Handing

1,000.00

Chemcert

Diploma of Arboriculture

1,624.00

TAFE

Earthmoving plant training and assessment

6,978.50

Hunter Plant Operator Training

HR licence

1,687.50

Coffs Workplace Training & Assessment

MR licence

975.00

Coffs Workplace Training & Assessment

 

Senior First Aid

1,200.00

Survival It’s Life

Working Near Overhead Power lines

10,931.29

IAC Safety Services

Xylem Pump Repairs, Operation and Testing

nil  

Xylem

Total

 

65,619.90

 

* Cost is typically for registration only (ie does not include travel, accommodation, meals or salary).

Council’s training function is not centralised, simply because there is no capacity to do so, and instead is managed within each functional area of Council. The exception is mandatory (WHS) training for outdoor staff (eg traffic control, working near overhead powerlines, first aid) which is managed by Human Resources.

 

Managers provided the following feedback with regard to benefit, value and effectiveness of training:

 

Table 2

Benefit, value and effectiveness of training

 

Manager

Benefit

Value

Effectiveness

AGM Engineering

Updated knowledge and networking amongst other colleagues to undertake the functions of individual areas

Up to date knowledge and information in relevant areas from acts and regulations and understand what is happening within the Local Government industry and the networking to discuss similar problems

 

As training is limited to relevant subjects the effectiveness of a course is in the staff member bringing new ideas/fresh solutions back to Council

Manager Development and Environment

Because this section cares for the safety of life and protection of the environment in multiple areas of control training in current legislation and practices is really important and integral to function. Specifically however are the following:

 

·       Health and Building staff are required by the Building Professionals Board to achieve a level of continuing professional development each year to maintain our accreditation as Building Surveyors.

·       Rangers – Both Rangers specialise in particular areas of their responsibilities but are required to each exercise their regulatory control over all areas – training therefore required.

·       Conferences form training opportunities in Health, Building, Planning and Regulatory function and allow for networking – they are exceptionally valuable.

 

We have a plethora of training offered which is screened by me, appraised for its worth versus cost with a strong focus on budget. I have had to deny attendance on training that would have been extremely beneficial due to cost.

 

Manager Human Resources

Authority Payroll software training: Benefit/effectiveness: The training was excellent and part of our focus was to look at where we can streamline and improve procedures by taking advantage of the technology we have at hand. Most of the changes we introduced as a result of the training saw immediate improvements in efficiency including the introduction of on-line leave applications saving us time in keying and checking data. Also, we no longer have to scan and store paper based applications (other than for staff who do not have access to Authority). Another improvement is using the functionality in personnel management to record tickets and licences with expiry dates. Value: expensive but worth it

 

Taxation and Payroll Training: Benefit/effectiveness: essential for our Payroll Officer to maintain knowledge of taxation and payroll requirements. Value: reasonable

 

Corruption Prevention: Benefit/effectiveness: skill development in identifying and dealing with corruption risks and conducting internal fact-finding investigation into complaints/allegations of staff wrong doing, including misconduct or corrupt conduct. Value: Free

 

Claims Management: Benefit/effectiveness: develop knowledge in relation to claims management; common types of claims, Investigating a claim and common things to look for; legal principles; finalising claims and negotiation technique. Value: Free

 

Asbestos Management: Benefit/effectiveness: Local roll-out of Model Asbestos policy and understanding Council’s role in asbestos management. Value: reasonable

 

 

Manager Community Development

Library Management System “Spydus” - Supervisor Module – available through Civica usually in Sydney. Applies to Senior Librarian. Council operates its own library and IT cannot provide this specialized technical support. 

 

Public Libraries NSW Annual Conference and North East Zone - various locations around the State.  Applies to Senior Librarian and identified Councillors.  Attendance is mostly governed by location (ie cost and accessibility)

 

Meetings for professional development, to maintain a network of colleagues and to maintain up-to-date information on library practices.  Annual conference is professionally run and worth attending.  NE Zone meetings vary in value according to the agenda.

Library specific training eg High School Resources, Children’s Services.  All Library staff according to individual staff needs and interests.  Likely to be for only 2 staff per year, 1-day workshops. Highly valued by staff as it is delivered by librarians for library staff.  Mostly free to register, just need to cover cost of travel (partial reimbursement is sometimes available).

 

Technology-related training eg e-resources.  Moving into e-books has made it necessary to access training for all staff.  Available locally and via webinar. 

 

Manual Handling – managed in- house and addressed regularly. All Library staff. Not a great deal of cost.  Initial training was covered by grant.  Training is practical and tailored to staff needs.  Required in order to deliver the service.

Volunteer management – training tends to be community services related but is available from time-to-time in the region. Identified for Tourism Co-ordinator.  New training option, benefits will depend on the elements covered.   

Attendance at Tourism State Conference has recently been of little value to the Tourism Co-ordinator due to the disconnect between concepts presented and their application to the day-to-day operation of the Visitor Information Centre. More relevant to manager. 

Customer Service /Armed Hold-up /Cash Management.  Available as a part of Council’s training program. Identified training for Tourism Co-ordinator and Volunteers. Is part of Risk Management Strategy. Develops skills, awareness, confidence.

 

Various training options for Community Development Officers eg through organisations like Mid Coast Communities Inc. External funding provides a training component in the program budgets, so training is at no cost to Council.

Local Government Aboriginal Network Conference.  Aboriginal staff are encouraged to attend. The value to staff and Council depends on the program, location in the State and logistics of getting there.  Eg attendance may require a week away from work.

 

Training in legislation changes eg to working with children – usually widely available through related government department. Training is usually free or at low cost and essential to operations.

Business Services Co-ordinator

Records – State Records training courses are available. There are three which are of particular relevance to the Local Government records environment. The Records Assistant has attended the Records Management Fundamentals and there would be benefits for the officer and the organisation from attending the digital records and the retention and disposal authority (for Local Government) courses.

 

Team Building/Resilience Training – this training provides benefits to the staff personally and through this assists with their contribution to the organisation with a positive and healthy work environment. The Resilience training undertaken this year was very effective and further training associated with this would be well received by staff in the BSU.

 

 

 


Training expenditure in the 1st quarter of 2014/15 (see table 3) indicates a continuing focus on risk/compliance, skills acquisition/development and professional development. We are currently running on track with our training budget. Although we have spent almost 30% of the total training budget of $110,000, the major cost was Traffic Control and Working Near Overhead Power Lines training for outdoor staff ($24,237.01) and it is anticipated that for the remainder of the year, expenditure will even out.

 

Table 3 – Training Register September quarter 2014/15

 

Dept/Section

Training

 Cost *

Provider

General Manager

LGNSW Annual Conference

880.00

Local Government NSW

Business Development

Industrial Estates & Business Parks Conference

1,495.00

Trueventus

Community Devt

 

 

 

Development & Env

Annual Rangers Conference

440.00

Australian Institute LG Rangers

Evidence Based Strategic Planning

nil  

NSW Department Planning

Introduction to Feasibility Assessment

170.00

NSW Department Planning

Human Resources

Taxation and Payroll training

495.00

Aust Taxation & Payroll Training

Corporate Services

Auditors Annual Workshop

nil

Forsyths

Effective Pricing for Fees and Charges

300.00

Local Government NSW

Business Services

 

 

 

Financial Services

Auditors Annual Workshop

nil

Forsyths

 

Effective Pricing for Fees and Charges

300.00

Local Government NSW

Information Technology

Tech Ed

968.00

Microsoft

Engineering Services

Auditors Annual Workshop

nil

Forysths

 

CivilCAD Magnet Office - ePlan preparation

550.00

Position Partners

Engineering Outdoor

Competency training – Jetmaster

nil

Ausroad

Hazardous Waste Identification

nil

MidWaste

Inspection of Class 1 & 2 Weeds

nil

NCWAC

 

Recognising Grasses

290.00

NSW DPI

Traffic Control (Blue Card)

7,210.50

TC Training

Traffic Control (Red Card)

11,539.00

TC Training

 

Working Near Overhead Power Lines

5,487.51

IAC

Organisation-wide

Learning Seat e-learning system

1,650.00

Learning Seat

Total

 

31,775.01

 

* Cost is typically for registration only (ie does not include travel, accommodation, meals or salary).

 

An exciting new initiative by the MIDROC Human Resources (HR) group is expected to have a positive impact on training, not only from a reduction in expenditure on compliance and skills related training, but in terms of accessibility and range of training. This initiative is the introduction of an e-learning management system in collaboration with Port-Macquarie Hastings, Gloucester, Greater Taree, Kempsey and Bellingen councils.

 

E-learning combines technology with training allowing part, or all, of a training course to be delivered via a computer. From a business perspective, the desired key outcomes of e-learning are improved productivity and innovation. Research carried out in 2013 by the Workplace Research Centre identified the following benefits of e-learning:

 

·      E-learning can promote flexibility in delivery, currency of training, and connection to the workplace.

·      E-learning has significant opportunities in the future due to expanding internet access and use of mobile technologies, especially for workers who are not desk-based.

·      Less disruption of work schedules in the delivery of e-learning.

·      Deeper learner outcomes and application of learning, with a consequent reduction of mistakes and injuries across the sectors studied.

·      Increased confidence with technology and with incorporating new technology into more efficient and more accurate work practices

·      Workers more comfortable with ongoing learning, leading to a broader learning culture

·      An organisational culture that is more innovative and less threatened by change

 


Other benefits include:

 

·      Reduced training costs

·      Self-paced delivery

·      Lower environmental impact

 

The joint agreement for the purchase of Learning Seat’s learning management system, LearnConnect, has and will yield significant savings for the councils involved:

 

·      Approximate savings in Learning Seat subscription fees over a 4 year period: $372,000 (on average $62k per council)

·      The regional procurement enabled inclusion of 70 (versus 6) generic online courses at no additional cost

·      Other significant savings that will result from the Learning Seat implementation (unable to  quantify at this stage) include:

 

-      Reduction in expenditure towards external trainers due to training now being delivered online

-      Savings in both travel time and travel costs for travelling to and from training (or travel costs charged by presenters)

 

Council’s share of the cost is calculated at 8.75% based on 175 users (employees + volunteers). The distribution of costs is shown below:

It is proposed that the savings achieved through e-learning be put back into new training initiatives for managers and supervisors who must be the organisation’s leaders in terms of introducing innovation and improved processes along with the management of the change which comes from this.  This would build on previous management training provided by Local Government Learning Solutions which dealt with leading and managing effectively.

 

One of the initiatives being contemplated is an Australian Centre for Excellence in Local Government (UTS) program, “Enhancing Local Government Service Delivery”. UTS deliver this as a tailored 3-day workshop for councils who want to develop their own in-house service review capability based on the methodology in the ACELG manual. At an all-inclusive cost of $15,000 (for 15 participants) on-site this represents pretty good value, especially considering we can use actual services we are interested in reviewing to work through the methodology.

 

 

CONSULTATION:

 

All Managers

MIDROC

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

Not applicable.

 

Economic

 

Not applicable.

 

Risk

 

Ensuring staff have an appropriate level of knowledge and skill helps the organisation minimise risk of personal injury, property damage, incorrect information being provided, damage to reputation, fraud and waste.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current and future budgets as this report is for information only.

 

Source of fund and any variance to working funds

 

There is no source of funds or variance to working funds as this report is for information only.

 

Service level changes and resourcing/staff implications

 

There are no service level changes or implications to resourcing or staffing as this report is for information only.

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.6      DA2014/083      161014         Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner; Michael Coulter, General Manager         

 

Summary:

 

The proposed development includes alterations to the section of the existing caravan park located within the eastern half of Lot 104 DP 622709 - Adin Street, Scotts Head by removing the existing dwelling sites and creating new ones in the western half of the site, with a new entrance off Adin Street. A copy of the plans of the proposed development can be found in attachment 1 of this report.

 

The proposal is part of the redevelopment of the existing North Coast Holiday Park previously considered by Council as part of the Scotts Head Reserve Master Plan. The proposal requires development consent because it is located on Council owned land which is not part of the adjoining Crown reserve.

 

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

 

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

 

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

 

 

Recommendation:

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/083 for alterations to an existing caravan park at Lot 104 DP 622709 - Adin Street, Scotts Head, subject to the schedule of conditions outlined in attachment 2 of this report.

 

2        That the development consent be issued following the endorsement of the attached Deed of Agreement.

 

3        That Council’s Seal be attached to the Deed of Agreement as required.

 

 

OPTIONS:

 

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

 

(b) Refuse consent to the development application.

 

(c) Withdraw owner’s consent to the development application (General Manager)

 

 

DISCUSSION:

 

The subject site fronts Adin Street, Scotts Head and is legally known as Lot 104 DP 622709. The site is located within the RE1Public Recreation Zone, is owned by Nambucca Shire Council and is relatively flat with modified surroundings. The eastern half of the site is currently occupied by holiday van and camp sites which are associated with Scotts Head Holiday Park.

 

The proposed development includes alterations to the existing caravan park including:

 

·              The removal of the existing holiday van sites and camp sites within the eastern half of the site.

·              Removal of the existing entrance and concrete driveway.

·           The construction of a new entrance and access road off Adin Street to service 37 new short term sites which are to be located within the western half of the site.

·              Installation of an amenities building.

·              Landscaping and fencing around the new short term sites.

·              Rehabilitation of all disturbed areas.

 

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

 

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

 

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

 

Section 78A (4) – Application

 

The proposal includes the operation of a caravan park which requires approval under section 68 of the Local Government Act 1993. In determining this development application council may apply any of the provisions of the Local Government Act 1993 that it could apply if the development application were an application under that Act.

 

Having regard to the above, the proposed development is assessed against the relevant clauses of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 in the following table, with the mandatory conditions included within the recommended conditions of consent:

 

CLAUSE

COMPLIES

COMMENTS

83 - Minimum size of caravan park or camping ground

Yes

The caravan park will have an area greater than 1ha.

84 - Community amenities

Yes

The caravan park will maintain access to land which has an area greater than 10% of its total area for recreation or other communal activities.

85 - Size of dwelling sites and camp sites

 

Each of the proposed short term sites will have an area greater than 65m².

86 - Site identification

Yes

Included with the recommended conditions of consent.

87 - Dwelling sites to have road frontage

Yes

Each dwelling site will have access to an access road.

88 - Setbacks of community buildings

Yes

The proposed amenities will be setback 10m from the proposed dwelling sites and caravan park boundaries.

89 - Setbacks of dwelling sites and camp sites from road frontages

Yes

The proposed dwelling sites will be greater than 10m from a public road with appropriate landscaping conditioned around the perimeter of the dwelling sites to adequately screen them from the surrounding area.

Clauses 91-102, 104-105 & 109-131

Yes

 

It is considered that the proposed alterations to the existing caravan park will facilitate sufficient room for compliance with these clauses. Conditions requiring compliance with these clauses have been included with the recommended conditions of consent.

103 - Drainage

Yes

Councils Engineering staff have designed a stormwater drainage system for the site that includes the construction of detention basins within the proposed public open spaces of the site, and improvements to the existing open stormwater drains. It is considered that this stormwater drainage system will not only ensure the dwelling sites are adequately drained, but will improve the existing drainage systems capability of accommodating existing stormwater flows from the site and the surrounding area. Conditions requiring the applicant to implement appropriate stormwater control measures have been included within the recommended conditions of consent.

107 - Number of showers and toilets to be provided

Yes

The existing caravan park has 198 approved dwelling sites. The proposed development will reduce the number of dwelling sites to 172 as 37 are proposed and 63 are to be removed.

With regards to the location and size of the existing and proposed amenities blocks, it is considered that the caravan park will comply with this clause.

108 - Facilities for people with disabilities

Yes

The caravan park has 2 existing disabled toilets which can comply with this clause.

 

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

Caravan parks are permissible with consent within the RE1 Public Recreation Zone. The alterations to the existing caravan park are considered to be consistent with the objectives of the zone because:

·           It will maintain sufficient areas of the site to be used for public open space and recreational purposes. It is considered that the removal of the existing dwelling sites and subsequent landscaping works included within the recommended conditions of consent will create a new public open space area on the site which will be more functional and centralised for the Scotts Head community and visitors to the area, and will improve the streetscape of the village.

·          The proposed development will provide for a range of recreational settings and activities and compatible land uses. It is considered that the location of the dwelling sites within the location of the existing cricket pitch will enable more functional and attractive recreational areas; with sufficient room for organised sporting activities to be undertaken at Buz Brasil Oval.

·           Subject to the recommended conditions of consent, it is not considered that the proposal will result in any adverse impacts on the natural environment.

·           It is considered that the existing capability of the land to be used for active and passive recreation will be maintained.

 

4.3 - Height of buildings

The proposed amenity building does not exceed the 8.5m maximum building height for the land.

 

4.4 - Floor space ratio

The floor space ratio of all buildings on the site will not exceed the 0.75:1 maximum.

 

5.5 - Development within the coastal zone

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

 

·           It will not impede or diminish existing public access to and along the foreshore.

·           The site is considered to be suitable for the proposed development because it will not result in any conflicting land uses, it is consistent with existing development on the site, and the proposed amenities building and future built form on the dwelling sites will be compatible with that within the existing caravan park and will be sufficiently screened from the surrounding area.

·           It will not result in any overshadowing of the foreshore or loss of views.

·           The visual amenity of the site will be improved.

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

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

·           It will not result in untreated stormwater being discharged into the sea, beach, estuary, lake, creek, or onto a rock platform.

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

 

7.4 - Public utility infrastructure

Reticulated sewer, water, and power services will be provided to each dwelling site.

 

7.6 - Earthworks

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

 

·      State Environmental Planning Policy No 21 - Caravan Parks

 

In accordance with clause 8, conditions have been included within the recommended conditions of consent specifying that the development is for 37 short term sites only with a maximum stay consistent with the local government regulations.

 

Furthermore, it is considered that the location and character of the site, the existing and proposed provision of tourist accommodation within the area, and the proposals consistency with the local government regulations will ensure that it is not contrary to the matters for consideration within clause 10.

 

·      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 and the proposal does not include a change of use 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 nature of the development and the distance of the site from any of these areas.

 

·      State Environmental Planning Policy No 71 - Coastal Protection

 

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

 

(ii) any draft environmental planning instrument

 

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

 

(iii) any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

The proposed 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. Two submissions were received and are addressed later in this report.

 

Environmental context (Part A)

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

 

Car Parking (Part C)

The proposed developments consistency with the parking provisions contained within the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 result in this clause being not applicable in accordance with section 74(C) (5) of the EP&A Act 1979.

 

Sediment and Erosion Control (Part D)

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

 

Waste Minimisation and Management (Part N)

Conditions have been included within the recommended conditions of consent regarding the management of waste during and after construction.

 

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

 

There are no planning agreements applying to the subject site.

 

(iv) Any Matters prescribed by the Regulation

 

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

 

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

 

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

 

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

 

(v) Any coastal zone management plan

 

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

 

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

 

Context and Setting

It is not considered that the proposed development will result in any negative impacts on the existing character of the site or surrounding area because it will result in a reduction in the scale of the existing caravan park, increased setbacks from the road, and increased landscape screening.

 

Access, Transport and Traffic

Subject to the recommended conditions of consent, it is considered that sufficient provision will be made for safe vehicular and pedestrian access to the site, with sufficient provision of parking available which is consistent with the statutory requirements.

 

Furthermore, it is not considered that the location of the proposed entrance will have any significant impacts on dwellings on the opposite side of Adin Street due to the location of existing vegetation and the elevation of the exposed dwelling at number 13 above the adjacent road by at least 3m. It should also be noted that occupants of the caravan park are unlikely to leave at night as all their general requirements are either on site or are within walking distance.

 

Public Domain

It is not considered that the proposed development will result in any impacts on the public domain due to its consistency with the existing and desired streetscape.

 

Utilities

Conditions have been included within the consent to ensure that the development has access to all necessary utilities.

 

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

Provision of reticulated water and stormwater drainage infrastructure has been conditioned within the recommended conditions of consent.

 

Soils

Conditions requiring the installation and maintenance of erosion and sedimentation controls have been included within the recommended conditions of 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

There is suitable room on site for the storage and collection of waste containers with conditions for the storage and disposal of waste during and after construction included within the consent.

 

Noise and Vibration

Construction hours have been conditioned, while it is not considered that the alterations will result in any negative noise impacts as it will result in a reduction in the number of existing dwelling sites and greater separation from sensitive receivers.

 

Natural Hazards

A bushfire safety authority has been issued by the NSW Rural Fire Service.

 

Safety, Security and Crime Prevention

It is considered that the design of the proposed development will improve safety within the area through increased sightlines due to the resulting public open space areas.

 

Social 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 impacts on the locality.

 

Economic Impact in the Locality

Considering the minimal social impacts posed by the development it is not considered that it will result in any negative economic impacts on the locality.

 

(c)      the suitability of the site for the development

 

It is considered that the subject site is suitable for the proposed development because the proposal will result in a positive impact on the character of the locality due to the caravan parks increased setback from Adin Street, increased provision of public open space within the vicinity of the commercial area of Scotts Head, and increased landscape screening. Furthermore, the site is part of an existing caravan park and located on flat land with no constraints that would prevent the proposal.

 

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

 

Two submissions were received during the public notification of the development application with the following matters raised:

 

SUMMARY OF MATTERS RAISED

REPORTING OFFICERS COMMENT

The proposed new entrance is located on a blind corner and is hazardous to vehicles driving east along Adin Street.

 

Visibility of drivers is restricted due to the radius of the corner and height of fall, not just the existing vegetation.

 

There have been near misses and a fatality in this location.

 

The existing concrete path to the east offers improved vision in both directions.

Councils Manager of Technical Services has assessed the proposed entrance and has advised that it is considered to be a more suitable location compared to the existing shared arrangement with the day use area adjacent to the shops.

 

Sight distance to oncoming traffic at the corner west of the proposed entrance is currently obscured by bushes; however, adequate sight distance of 130m can easily be achieved by the removal of this vegetation. It is to be noted that 97m sight distance is required with the speed limit within Adin Street being 50km/h. A condition requiring the removal of the existing bushes to provide adequate sight distance has been included within the recommended conditions of consent.

 

While it is acknowledged that there has been a major accident in the vicinity of the proposed entrance in the past; the accident was caused by alcohol and reckless driving rather than the road environment.

 

Furthermore, moving the access further east will have an impact on the proposed village green and its integrity as a detention basin during large storm events.

We object to overflow camping areas within the site.

The proposal does not include any overflow camping areas. Only the short term sites illustrated on the plan are proposed.

Provide clarification for the location of the care takers accommodation.

Caretaker’s accommodation is not proposed as part of the subject development application.

A footpath should be provided along the northern side of Adin Street adjacent to the development because this is already a hazard which can only get worse with more people using the adjacent space.

The proposed development will have access to an existing footpath within the frontage of the site which connects to adjoining public open space and recreational areas and the commercial area of Scotts Head. Having regard to this and that the proposal will reduce the number of existing dwellings sites on the land, it is not considered that there is any scope as part of the determination of the development application to require the applicant to provide a footpath towards the residential areas of the village.

However, the public benefit of such a footpath is acknowledged and should be pursued by Council as part of negotiations with North Coast Holiday Parks regarding the Scotts Head Reserve Master Plan.

Wish to commend the developer for their application to greatly improve the central village area by removal of the ever increasing unsightly vans from the area listed as the proposed village green.

Noted.

Will the current onsite vans and cabins be relocated to the proposed sites or removed.

The proposed development is for the removal of the existing vans and dwelling sites illustrated on the submitted plans. It does not include the relocation of any vans to the proposed dwelling sites. However, there are conditional exemptions under the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 which does not require the applicant to obtain development consent for the installation of vans on dwelling sites within a caravan park.

 

(e)      the public interest

 

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

 

Master Plan Agreement (General Manager)

 

The development application requires the endorsement of the owner (Council) for it to be valid.  This endorsement has been provided for the purposes of assessing the development application but can be withdrawn should Council not wish to support the development application nor implement the Master Plan agreement.

 

The agreed Master Plan is shown attached.

 

In order to confirm the implementation of the agreed Master Plan the Mayor, General Manager and Senior Town Planner met with the General Manager of the North Coast Holiday Parks on 4 September 2014.

 

The meeting confirmed the attached agreement.  The subdivision plan to which the agreement relates is attached.

 

Other matters discussed at the meeting were the construction of the off street parking in Adin Street which is indicatively shown on the Master Plan and also the provision of a footpath between the new entrance to the caravan park in Adin Street and the Scotts Head Bowling and Recreation Club.

 

It was agreed that the cost/benefit of the off street parking in Adin Street was questionable and that a higher priority was completing the footpath linkage on the northern side of Adin Street from the caravan park entrance to the Club.

 

Even though not part of the Master Plan agreement, the Manager of North Coast Holiday Parks indicated his willingness to work with Council to provide the footpath connection, subject to any financial contribution being able to be met from the $40,000 allocation to the restoration of the Town Green area currently occupied by the semi-permanent holiday vans.  In this respect it is envisaged that much of the required work to the Town Green will be associated with the construction of a shallow drainage detention basin for which there is a separate allocation of $200,000.

 

North Coast Holiday Parks have now engaged an engineer to provide design advice on the construction of the footpath and its likely cost.  Subject to finalising a design and costing, as the footpath will benefit existing residents it is proposed that its construction be a partnership between Council and the North Coast Holiday Parks.

 

CONSULTATION:

 

As discussed above, the application was notified to adjoining owners in accordance with Part A of the Nambucca Development Control Plan 2010. Furthermore, general terms of approval have been issued by the NSW Rural Fire Service for the development; with no objections received from Councils Manager Technical Services or Waste Management Office subject to the inclusion of the recommended conditions of consent.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

It is not considered that the proposal will result in any significant impacts on the natural environment because of its scale and location on a highly modified site. Appropriate pollution mitigation measures have been included within the recommended conditions of consent.

 

Social

As discussed above, it is not considered that the proposed development result in any significant social impacts on the locality due to its consistency with the character of the site and surrounding area.

 

Economic

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

 

Risk

Nil.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

Nil.

 

Service level changes and resourcing/staff implications

Nil.

Attachments:

1

23490/2014 - Attachment 1 - Plans of Proposed Development

 

2

23489/2014 - Attachment 2 - Schedule of Conditions

 

3

29635/2014 - Scotts Head Masterplan - Adopted Option 3B

 

4

29634/2014 - Deed of Agreement

 

5

12053/2014 - Plan of Subdivision

 

  


Ordinary Council Meeting - 16 October 2014

Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 





Ordinary Council Meeting - 16 October 2014

Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 

SCHEDULE OF CONDITIONS

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

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

 

Plan Title

Dwg. No.

Prepared by

Dated

Proposed Sites on Adin Street Reserve

DA-01

Scotts Head Holiday Park

June 2014

Existing Sites to be Removed from Adin Street Reserve

DA-02

Scotts Head Holiday Park

June 2014

Proposed Amenities Block

UHA-01

Integrated Site Design

August 2012

 

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.

 

Advertising Structures

 

2.       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.

 

Underground electricity

 

3.       Any extension of the existing electricity network to service the development must be underground.

 

Operation of Caravan Park

 

4.       In accordance with clause 73 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005, the operation of the caravan park is subject to the following restrictions:

(a) The caravan park must be designed, constructed, maintained and operated in accordance with the relevant requirements of Subdivisions 1–8 of Division 3 of Part 3 of the above regulation.

(b) A person must not be permitted to stay in a moveable dwelling that occupies a short-term site for a total of more than 150 days in any 12 month period, unless the moveable vehicle is a holiday van and the person is the owner of that holiday van.

(c) The owner of a holiday van that occupies a short-term site must not be permitted to stay in the holiday van for a total of more than 180 days in any 12 month period.

For the purposes of this condition, only overnight stays are to be counted in calculating the number of days a person spends in a moveable dwelling.

This condition does not apply to a resident owner, manager, operator or caretaker of the caravan park or camping ground.

 

Specifics of Consent

 

5.       This development consent is for the operation of a caravan park only; including 37 short term sites as illustrated on the approved plan. No approval is given for any long term sites.

 

 

 

 

Access

 

6.       All car parking spaces are to be provided and maintained, together with all necessary access driveways and turning areas, to the satisfaction of Council.

 

All vehicles must enter and exit the development in a forward direction. All driveways and turning areas must be kept clear of obstructions that prevent compliance with this condition.

 

 

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

 

Water and Sewerage Section 68 approval required

 

7.       An approval under Section 68 of the Local Government Act 1993 to connect to Council’s Infrastructure for water supply and sewerage must be obtained.

 

 

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

 

Stormwater Details

 

8.       Prior to the commencement of any works, plans and specifications are to be submitted to and approved by Council for the construction of stormwater disposal from the site in accordance with the plans approved by this consent. The drainage system is to be designed for a 1 in 20 year storm event and must discharge to the interallotment drainage system. Pipelines located within the reserve are to be sewer grade or equivalent. The stormwater system must be designed to comply with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

Engineering plans and specifications must include details in accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage and must be in compliance with Council's Adopted Engineering Standards.

 

On-Site Stormwater Detention

 

9.       Prior to the commencement of any works, plans and specifications of the two stormwater detention basins illustrated on Councils Stormwater Augmentation Design, Wallace Street to Adin Street - Plan No SD 16 are to be submitted to Council for approval.

 

          This system must be designed in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. The drainage system is to be designed for 1 in 20 year storm event. On-site stormwater detention is required, restricting stormwater discharge to the pre-development runoff rate, for a 1 in 5 year storm event.

 

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 Standard

 

Driveway Details

 

10.     Prior to the commencement of any works, plans and specifications that indicate vehicular access from Adin Street to the proposed car spaces and dwelling sites are to be submitted to and approved by Council. Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street Car Parking No 1. Plans are to include the following items:

 

a        pavement description;

b        site conditions affecting the access (including sight distances);

c        existing and design levels;

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

e        cross sections every 20 metres; and

f        drainage (open drains, pipes, etc), including calculations and catchment details.

 

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

 

Garbage Storage Area

 

11.     Prior to the commencement of any works, details are to be submitted to and approved by Council indicating the construction of a garbage storage area on-site. The garbage storage area is to be designed and constructed so as to conceal its contents from view from public places and adjacent properties and is to be blended into the landscaping layout. The storage area is to be located so as to be readily accessible from within the site and serviceable by the waste collector.

 

Construction Certificate

 

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

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

(i)        the Council, or

(ii)        an accredited certifier, and

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

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

(ii)       Notified Council of the appointment, and

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

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

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

 

Landscaping Plan

 

13.        Prior to the commencement of any works, a detailed Landscape Plan for the development shall be prepared by a qualified landscape architect or landscape designer and be submitted to and approved by Council. The landscape plan must include the following:

         

i.    A landscaped buffer around the dwelling sites as illustrated on the approved plan. 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.

ii.    Details of selected species.

iii.   Pedestrian connectivity within the site to the surrounding area.

iv.   Removal of existing chain wire fencing fronting the road reserve.

v.   Returfing of all disturbed surfaces.

 

Consent required for works within the road reserve

 

14.     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

 

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

 

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

 

Erection of Signs

 

16.        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

 

17.     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 was made.

 

Construction times

 

18.     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.

 

Importation of Fill

 

19.     Prior to the importation of any fill to the site, suitable evidence is to be provided to the satisfaction of Council demonstrating that all is virgin excavated natural material (VENM) as defined by the Protection of the Environment Operations Act 1997. This may require the material to be sampled and analysed for potential contaminants by a NATA accredited laboratory.

 

Builders rubbish to be contained on site

 

20.     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

 

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

 

 

 

 

Standards for demolition work

 

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

 

Shoring and Adequacy of Adjoining Property

 

23.        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.

 

Discovery of a Relic

 

24.        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/USE OF THE PREMISES

 

Works to be completed

 

25.     All of the works required to be undertaken as part of this consent, including those indicated on the approved plans and the plans to be submitted prior to the commencement of any works, are to be completed prior to the issue of an occupation certificate/use of the development.

 

Damage to Council’s Infrastructure

 

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

 

Sewer and Water to be Connected

 

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

 

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

 

Bushfire Protection

 

28.     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 commencement of works (upon the alterations to the caravan park) and then in perpetuity, the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

 

(b)  Water and Utilities

Water, electricity and gas are to comply with Section 4.1.3 and 4.2.7 of ‘Planning for Bushfire Protection 2006’.

 

(c)  Evacuation and Emergency Management

Arrangements for emergency and evacuation are to comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'.

 

Occupation Certificate

 

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

 

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:        B5        Carry out stormwater drainage work

                                                                F2         Operate a caravan park

 

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

 

 

 



Ordinary Council Meeting - 16 October 2014

Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 


Ordinary Council Meeting - 16 October 2014

Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 

THIS DEED dated           day of                                      Two thousand and thirteen

 

BETWEEN

 

 

THE NAMBUCCA SHIRE COUNCIL of 44 Princess Street, Macksville in the State of New South Wales (hereinafter called “the Council”) of the First Part

 

 

AND

 

 

NSW CROWN HOLIDAY PARKS TRUST trading as North Coast Holiday Parks of PO Box 647, Ballina New South Wales 2478 (hereinafter called “the Trust” of the Other Part

 

 

WHEREAS:

A.         On 10th April 2013 the Council resolved to support the redevelopment of the Scotts Head caravan park and adjoining reserve in accordance with the revised concept plan prepared by the Trust and described as Option 3B and dated April 2013 and attached hereto.

B.         On 10th April 2013 the Council also resolved to transfer the land shown edged and hatched yellow on the attached plan to the Trust.

C.         That the decisions of the Council and the Trust in relation to A. and B. were based on certain undertakings by each party.

D.         Except where specified, all undertakings in this deed are subject to the Minister for Local Government providing approval for a 21 year lease of the land within Lot 104 DP 622709 shown red dot and dash edged on the attached plan and to any other statutory approvals required for the implementation of the plan described as Option 3B and dated April 2013.

E.         Except where specified, the undertakings to undertake maintenance work relate to the 21 year life of the lease.

 

 

NOW THIS AGREEMENT witnesses as follows:-

1.         The Council will use its best endeavours to obtain Ministerial approval for the Trust to lease that section of Council owned land within Lot 104 DP 622709, Adin Street, Scotts Head identified as Lot 2 on the attached subdivision plan.

2.         Council will transfer to the Trust, for nil consideration, the land identified as Lot 1 on the attached subdivision plan subject to the Trust providing Council with a right of carriageway so residents may access the off street parking for the tennis courts and the clubhouse.

3.         The Trust accepts all costs associated with the subdivision and transfer of the land shown edged and hatched yellow on the attached plan.

4.         The Trust will enter into a lease with the Council of the land identified as Lot 2 on the attached subdivision plan for a period of 21 years.

5.         The Trust accepts all costs associated with the subdivision for lease purposes of the land identified as Lot 2 on the attached subdivision plan .

6.         Upon endorsement of the lease the Trust will pay Council $20,480 rental and then upon each anniversary of the lease pay the previous year’s rent plus or minus an adjustment equivalent to the movement in the Consumer Price Index over the previous 12 months with the adjustment being incorporated into the rent paid. No land rates will be payable by the Trust on the leased land.

7.         The Trust will provide the services of its recreational planning and design staff to work with Council in developing agreed landscape plans for the “village green” and the adjoining Council land (lot 3 of the attached subdivision plan)).

8.         The Trust will serve such notices as required to achieve the clearance of holiday vans from the Council owned land designated as the “village green”.

9.         The Trust will contribute up to $40,000 for the restoration of land after removal of holiday vans and implementation of the plan identified in Clause 7. Council will advise the Trust whether it wishes to have underground infrastructure removed with holiday vans. All costs will form part of the $40,000 contribution.

10.        The Council and the Trust will agree on projects to manage the inflow of stormwater into the Scotts Head Reserve and the Council land (Lot 104 DP 622709) and the Trust will contribute up to $200,000 towards the implementation of the agreed projects.

11.        The Trust will undertake all capital works required to implement the revised concept plan prepared by the Trust and described as Option 3B and dated April 2013 including but not limited to:

·      The construction of the access through the day use area of the crown reserve and the provision of off street parking within the day use area of the crown reserve

·      The removal of the existing access through the day use area of the crown reserve and its rehabilitation for passive recreation

·      The removal of the existing access to the caravan park off Short Street and the reinstatement of the kerb and gutter as well as the footpath

·      The construction of pedestrian paths within the day use area of the crown reserve

·      The construction of new vehicular access to the caravan park off Adin Street and West Street (exit only)

·      The construction of off street parking adjacent to the Tennis Courts.

·      The construction of the roads and other infrastructure required for the caravan sites in the leased area.

12.        The Trust will maintain all of Council’s land being Lot 3 of the attached subdivision plan. Maintenance will be limited to mowing, edging and litter collection (excluding events).

13.        If any dispute arises in relation to the subject matter of this Deed, including compliance with the terms of this Deed, the party seeking to enforce the terms of this Deed, or to otherwise commencing legal proceedings in respect of this Deed (Enforcing Party), must first comply with the process set out in this clause, before it can take any other action:

(a)        The Enforcing Party must notify the other party, specifying the dispute, and of any action(s) which will satisfy the Enforcing Party;

(b)        The Enforcing Party must allow the other party 30 days to rectify the issue that is the cause of the dispute; and

(c)        If the other party has not rectified the issue to the satisfaction of the Enforcing Party, the parties must meet (whether in person, through representatives or by correspondence) to discuss the dispute, within 14 days of the expirty of the 30 day period;

(d)        Only following that meeting, or following the expiry of that 14 days, whichever occurs first, may the Enforcing Party seek to enforce the terms of this Deed, or otherwise commence legal proceedings in respect of the Deed.

14.        If anything is this Deed is unenforceable, illegal or void, then it is severed and the rest of this Deed remains in force.

15.        This Deed is governed by the law in force in New South Wales.

16.        The Parties submit to the exclusive jurisdiction of the courts of New South Wales or any competent Federal court exercising jurisdiction in New South Wales.  The dispute must be determined in accordance with the law and practice applicable to the Court.


 

Signed sealed and delivered for and on behalf of the NSW Crown Holiday Parks Trust by its authorised representative:

 

 

 

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

Signature of Witness                                    Signature of Authorised Representative

 

 

 

 

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

Name of Witness (BLOCK LETTERS)            Name of Authorised Representative

                                                                   (BLOCK LETTERS)

 

 

 

Signed sealed and delivered for and on behalf of Nambucca Shire Council by its authorised representative in the presence of:

 

 

 

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

Signature of Witness                                    Signature of Authorised Representative

 

 

 

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

Name of Witness (BLOCK LETTERS)            Name of Authorised Representative

                                                                   (BLOCK LETTERS)

 

 

 


Ordinary Council Meeting - 16 October 2014

Alterations to Existing Scotts Head Caravan Park - DA 2014/083

 


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.7      SF688              161014         Environmental Levy

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to address a Council resolution in respect to the management of the Environmental Levy program. The report is to advise Council on the process proposed to implement the Environmental Levy program and provide opportunity for community input in the program.

 

 

Recommendation:

 

1        That Council note the proposed Environmental Levy management program;

 

2        That Council allocate $25,000 of Environmental Levy funds towards a community fund and call for proposals in conjunction with Councils donation program. $5000 be allocated as a maximum funding amount per application.

 

 

OPTIONS:

 

1              Council may amend the proposed program and propose alternative or additional actions.

 

2        Council may resolve not to support a community fund through the environmental levy or contribute additional objectives to assist the implementation of the program.

 

DISCUSSION:

 

On the 26 June 2014 Council resolved to the following:

 

“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.”

 

This report is in response to this resolution. From discussions with the General Manager it is understood that the aim of this report is to advise Council on a process to implement the Environmental Levy including the exhibition of the program in line with the general budget and delivery program.

 

Management of the Environmental Levy

 

The following actions are proposed to inform council of the ongoing management of environmental levy and its associated programs;

 

-     Quarterly Reports on the Budget and Programs (to align with other quarterly reporting); and

 

-     Reporting as necessary regarding variations or new projects (funding agreements or like opportunities);

 

The following opportunities are proposed to maintain community involvement in the Environmental Levy program:

 

-     Exhibition of the Environmental Levy Budget with the Delivery Program annually. For budgeting purposes the Environmental Levy funds are incorporated into the delivery program. Nevertheless, to ensure clarity on the Levy Program a separate report similar to the report presented to Council on 29 May 2014 will be exhibited with the delivery program.

 

-     The report to accompany the exhibition of the delivery program will include the following content

 

Progress of the current program (included via an activities report)

A financial overview relating the reporting year (including funding sources and spending)

A list of possible future projects including possible funding opportunities

The proposed annual budget for the next year

An indicative forward budget;

 

-     As with the draft delivery program the exhibition will call for the submissions to be made to the proposed levy program and other projects that could be considered for the upcoming financial year or future years.

 

-     At present Councils website contains no information specifically regarding Councils environmental levy. It is proposed to develop a web page which incorporates general information about the environmental levy as well a current and potential future projects. The web page will include contact information via email, to allow for feedback or comments regarding the program.

 

Other Matters

 

Community Fund

 

Many NSW Councils that have an Environmental Levy provide an opportunity for local community groups to apply for grant funding through the environmental levy. This type of project has been identified as potential future project in the environmental levy for some time. There is an opportunity to trial such a program in the Nambucca Shire using current unallocated funds in the environmental levy.

 

The reconciliation of the Environmental Levy identified unallocated funds of approximately $142,000 for this financial year.  Some of these funds have already been targeted towards grant funding for fish habitat in the Nambucca River and it is worthwhile holding additional funds in reserve for other grants which may open this year. However it is considered there is adequate funds available in the environmental levy to support a trial of a community fund and if successful an annual allocation may be made available.

 

Should Council resolve to proceed with such a fund, for the first year of implementation it is recommend Council make available $25,000 in Environmental Levy funds for such a program. Should Council restrict the fund to a maximum of $5000 then this amount would potentially fund five (5) or more small projects depending on cost.

 

To avoid duplication of process and minimise impact on staff resources it is proposed to manage the program in conjunction with Councils Donation Policy, but provide more specific suite of objectives to be achieved to qualify for funding.

 

The objectives to include:

 

-     project to be on public land

-     Implement environmental strategies identified in  Councils 2023 Community Strategic Plan

-     implement actions in other adopted strategic environmental documents including Nambucca Climate Risk Adaptation Strategy; Nambucca River Estuary Management Plan; Coastal Zone Management Plan; or Nambucca River Masterplan

-     Protect or conserve environmental attributes (such as water quality; biodiversity or habitat);

-     Build community resilience to Climate Change

-     Implement programs or projects that raise community awareness on environmental issues

-     Projects should not adversely impact on the safety, amenity or function of an area.

 

A framework for consideration and assessment of the applications will be developed and it is proposed to report applications to Council for consideration and acceptance.

 

 

CONSULTATION:

 

General Manager

Manager of Development and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental levy contributes to projects that have environmental benefits.

 

Social

 

The environmental levy contributes to projects that have social benefits.

 

Economic

 

The management of the environmental levy does not have any economic impacts.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

NIL

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

As part of the organisational restructure the environmental levy has been actively managed by Councils Strategic Planner with assistance of Council General Manager and Manager of Development and Environment.  It is not expected that process proposed in this report will significantly contribute to staff resourcing, although it is noted that the proposed community fund will take some time establish processes.

 

It is noted staff are awaiting the result of several environmental grant applications that have been made in past months and if successful resourcing will be considered with management.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.8      SF600              161014         Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The report proposes that Council reclassify the “vacant” land to the west of the Valla Beach Pre-School car park as operational land and to consider at a later date a possible subdivision and sale of the land.  If the excised operational land was to be sold it is recommended that any proceeds be directed to improving facilities in Valla Beach.  The expenditure should be undertaken in consultation with the Valla Beach Community Association.

 

 

Recommendation:

 

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

 

2        That Council seek the assistance of an adjoining Council in undertaking the necessary public hearing and report to Council on the reclassification.

 

 

OPTIONS:

 

Council has the option of retaining all or part of the land as “community land”.

 

The slope and timbered nature of the proposed lot 3 is such that it is difficult to identify any public use other than its retention as a natural area.  Council needs to weigh the opportunity cost of retaining such land against realising its value to invest in the renewal or improvement of its assets.  In 2012-2013 Nambucca Shire Council had an operating performance ratio of -33.0.  The ratio measures a council’s achievement of containing expenditure within operating revenue.  A deficit before capital occurs when total expenses are greater than total revenue (excluding all capital amounts).  Even allowing for the transfer of the Macksville Showground, the ratio was still -11.2%, well below the TCorp benchmark of better than -4.0%.  Given Council’s weak financial sustainability, as a general principle it is not recommended that Council retain land where no public use is identified or likely.

 

A second option is that Council could undertake a residential subdivision of Lot 3 or both Lot 2 and Lot 3. 

 

The proposed reclassification does not preclude the option of subdividing the land at a later date if it is determined that a higher return is achievable with an acceptable risk.

 

If Council wishes to sell the reclassified land at a later date at a minimum it would need to undertake a two lot subdivision.

 

Alternatively there is nothing which prevents Council from retaining operational land in its ownership.  It does not have to be subdivided and sold.  However the operational classification gives Council the flexibility to do this.

 

DISCUSSION:

 

At Council’s meeting on 22 May 2014 it was resolved to obtain an assessment of the current market value of the land at Hyland Park and Valla Beach.

 

At Council’s meeting on 31 July 2014 it was resolved:

 

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.

 

This land holding at Valla Beach is the land containing the Valla Beach Pre-School and Valla Beach Hall.  The land is Lot 8 DP 821952, 22 Valla Beach Road.  It has an area of 1.89 hectares and is zoned Residential R1.  The land and its zoning are shown on the attached zoning map.

 

Pursuant to the Local Government Act, all of the land is classified as “community land”.  Despite searches of Council’s records by the former Property Officer and the Engineering Support Officer who is currently maintaining Council’s property register, there is no evidence of any resolution in relation to the classification of the land following the gazettal of the 1993 Local Government Act.  This means that its classification defaults to “community land”.  There is also no evidence of any plan of management having been prepared as per the requirement of Section 36 of the Local Government Act.

 

Under Section 36 of the Local Government Act 1993 the Council must prepare a draft plan of management for community land.  A plan of management must identify the category of the land, the objectives and performance targets of the plan with respect to the land, the means by which council proposes to achieve the plan’s objectives and performance targets and other matters.  Community land may be categorises as one or more of the following being a natural area, a sportsground, a park, an area of cultural significance, or general community use.  Land categorises as a natural area is to be further categorised as one of more of the following being bushland, wetland, escarpment, watercourse, foreshore or a category prescribed by the regulations.

 

In response to the question in the resolution as to whether or not a reclassification can occur without a plan of management, there is no specific provision.  The only relevant provisions are Section 36 which states that the Council must prepare a draft plan of management for community land and Section 42 which provides that a plan of management ceases to apply to land if the land is reclassified as operational land.  Section 44 is also relevant in providing that pending the adoption of a plan of management for community land, that the nature and use of the land must not be changed.

 

In relation to the information which Council holds on the land including on threatened species, vegetation etc, the attached plan is an extract from Council’s 2013 vegetation mapping which shows the location of likely endangered ecological communities.  The cross hatching shown on the land denotes “other vegetation – not likely EEC”.  The land which is shaded green further to the south is possibly the EEC Subtropical Coastal Floodplain Forest in the NSW North Coast bioregion whilst the land shaded blue is possibly the EEC Swamp Schlerophyll Forest on Coastal Floodplains of the North Coast bioregion.

 

The other known constraints to any subdivision of the land are bush fire hazard and noise from the North Coast railway line.

 

At this stage it is only proposed that Council proceed with the reclassification of the land shown as proposed lots 2 and 3 from community to operational land.  This will avoid Council incurring the expenses associated with subdivision (DA preparation, assessment, provision of water & sewer connections, payment of contributions etc) until such time that the reclassification has been completed.  There is a possibility that the reclassification will not be supported in which case any expenditure on a development application for subdivision would be redundant.

 

As at the 1 July 2013 base date, Lot 8 DP 821952 had a value of $206,000.  The value of the land had fallen from the previous valuation base date of 1 July 2010 when the assessed value was $266,000.

 

The Pre-School and Hall sit towards the centre and eastern part of the land with the larger western section being forest.  This is shown in the attached aerial/cadastral plan.

 

A suggested subdivision of the land is attached which shows the Pre-School,  Hall and existing car park being retained on the proposed Lot 1.  The proposed Lot 2 comprises partly cleared land adjoining the existing car park and may be suitable for a future public purpose whilst the proposed Lot 3 comprises the forested land with no identified public purpose.  The existing bus bay, which currently sits within Lot 8, should be incorporated in the road reservation.

 

CONSULTATION:

 

There has been consultation with Council’s Manager Business Development, Strategic Town Planner and Engineering Support Officer.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage the reclassification of the land from community to operational land has no impacts on the environment.

 

Social

 

The proposed reclassification has no identified social issues.

 

Economic

 

Any additional dwelling/s erected on the land will be of economic benefit to the Shire.

 

Risk

 

The reclassification requires that the person presiding at the public hearing must not be a councillor or employee of Nambucca Shire Council (or a person who has been a councillor or employee within the past 5 years).  The person presiding over the public hearing can be an employee of an adjoining council (preferred for cost reasons) or a consultant (less preferred for cost reasons).  The Council must determine whether or not the reclassification proceeds following consideration of the report of the public hearing.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Assuming that Council can obtain the services of a staff member from an adjoining Council to undertake the public hearing it is not anticipated that the recommended reclassification will have any budgetary impact.

 

Source of fund and any variance to working funds

 

The recommended reclassification should have no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There will be staff time required in the management of the proposed reclassification.

 

Attachments:

1

18562/2014 - Zoning Map - 22 Valla Beach Road

 

2

29305/2014 - Valla Beach Land Veg

 

3

18566/2014 - Aerial Cadastre - 22 Valla Beach Road

 

4

18527/2014 - Land to be Reclassified

 

  


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

 


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

 


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

 


Ordinary Council Meeting - 16 October 2014

Proposed Reclassification of Part Lot 8 DP 821952, Valla Beach Road from Community to Operational Land

 


Ordinary Council Meeting                                                                                               16 October 2014

General Manager

ITEM 9.9      SF1947            161014         Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 September to 17 September 2014

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

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

 

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

 

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

 

 

Recommendation:

 

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

 

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

 

Please note that there are no unresolved Development Applications in Excess of 12 months old.

 

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

 

<

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2014/083

20/05/2014

Alterations to a Caravan Park

Lot 104 DP 622709, Adin Street, Scotts Head

Two public submissions have been received.

 

·    Current residence should be relocated and redeveloped as it is poorly and dangerously located.

·    Unsightly onsite vans and cabins should be relocated so they aren’t able to be easily seen from the proposed village green

·    The footpath that was on the previous proposal through to West Street should be in this one.

·    Location of proposed new entry road poses significant danger to residents and park visitors as it is on a blind corner and there is heavy vegetation close by.

·    Part Lot 3 should not be used for overflow camping