NAMBUCCA SHIRE COUNCIL

 

 

ORDINARY COUNCIL MEETING - 16 OCTOBER 2014

 

LATE AGENDA                                                                                        Page

 

 

 

   

9        General Manager Report

9.16   Quarry Solutions Pty Ltd v Nambucca Shire Council........................................................... 2

9.17   Addendum to Environmental Levy - Report........................................................................ 4

 

11      Assistant General Manager Engineering Services Report

11.5   Additional Parking - Wallace Street, Macksville.................................................................. 6    


      


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.16    DA2001/096      161014         Quarry Solutions Pty Ltd v Nambucca Shire Council

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

Council note that Quarry Solutions Pty Ltd have lodged a Class 1 application with the Land and Environment Court seeking approval to a further application to modify the consent of the Valla Quarry.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

On 8 October 2014 the General Manager and Manager Development & Environment were requested to participate in a teleconference with the quarry operators and their consultants.  The Council staff were advised that the quarry intended to lodge a Section 96 modification directly with the Land and Environment Court to seek approval to an application to extract 110,000m3 (in situ) per annum.  The quarry representative advised that they had undertaken further market research which indicated they could not comply with and would exceed the modification recently approved by Council to permit an increase in the annual extraction volume from 50,000m3 (in situ) to 79,500m3 (in situ).

 

Further the quarry operators had received legal advice from Corrs Chambers Westgarth that they could seek determination of the application by the Court rather than by Council, notwithstanding that Council had not been given the opportunity to determine it.

 

Council has now received notice of a Class 1 application which has been filed with the Land and Environment Court with the first directions hearing in the proceedings being listed for 9.00am on 6 November 2014.  The notice received by Council indicates that Council is required to exercise the consent authority functions in relation to undertaking the required concurrence agency consultation and/or referrals and publicly notifying the application.

 

The Class 1 application seeks orders from the Court being that conditions 12, 18, 19, 25B, 35, 41, 45, 46, 47, 48, 49, 50, 85 and 86 be modified as outlined in relevant paragraphs of the Statement of Environmental Effects dated October 2014.  Relevantly the new Statement of Environmental Effects seeks to increase annual extraction to 110,000m3 (in situ); that there be changes to the requirements for noise barriers; that there be changes to the way permissible noise limits are measured; that there be changes to way dust deposition is monitored; and there be other changes to conditions related to the Quarry Environmental Management Plan and the quarry rehabilitation.  It is proposed that condition 85 which provides for building inspections where requested by concerned residents be deleted on the grounds that the blasting is monitored and that no compliance issues have been identified with respect to ground vibration.

 

Norton Rose Fulbright have been engaged to act on Council’s behalf in the proceedings.  In the first instance they have been instructed to provide Council with advice as to whether or not Council can contest the matter being determined by the Court and secondly if the Court elects to determine the application what options are available to Council as to the role it may play in the appeal.

 

 

CONSULTATION:

 

As notice of the appeal was only received on 14 October 2014, as at the date of preparing this report on 15 October 2014 there had only been consultation with the Manager Development and Environment.  Advice is being sought from Council’s solicitor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage the implications for the environment are unknown.

 

Social

 

At this stage the social implications are unknown.

 

Economic

 

At this stage the economic implications are unknown.

 

Risk

 

There is a significant risk that Council will incur significant unbudgeted legal expenses.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the budgetary impact is unknown.  Norton Rose Fulbright has been instructed to act on Council’s behalf but the cost of the legal proceedings will depend in large part upon the further instructions which are provided by Council.

 

Council has yet to determine a fee for the notification of the application

 

Source of fund and any variance to working funds

 

At this stage the impact on working funds is unknown.

 

Service level changes and resourcing/staff implications

 

There will be need for Council staff to attend to the matter and provide instructions to Council’s solicitor.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               16 October 2014

General Manager's Report

ITEM 9.17    SF688              161014         Addendum to Environmental Levy - Report

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Michael Coulter, General Manager         

 

Summary:

 

This report is an addendum to the report Item 9.7 Environmental Levy. It includes an additional recommendation.

 

 

Recommendation:

 

1        That Council immediately advertise for comment,  the proposed environmental levy works program for 2015/2016 and invite the public to make submissions on the nominated projects and to put forward suggestions for new projects including projects to be undertaken through the Environmental Levy community fund.

 

2        That Council undertake the advertising process identified in 1. on an annual basis.

 

 

OPTIONS:

 

Council may choose not to call for projects at this time.

 

 

DISCUSSION:

 

The recommendation above was a result of management consideration of the environmental levy and is proposed to be included as an additional recommendation to the report in this business paper.

 

MANEX believe that it would be desirable to advertise and consider the environmental levy works program outside (before) the normal operational budget/delivery program timetable.  This would provide Council and the community with more time to properly consider the program.  The general experience of the budget/delivery program cycle is that there is a vast amount of information to be conveyed and many decisions to be made, and the environmental levy component is easily “lost” amongst the other information and decisions.

 

The advertising would also include nominations for the Environmental Levy community fund.

 

 

CONSULTATION:

 

General Manager

 

 

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

 

Not significant.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Environmental Levy

 

Source of fund and any variance to working funds

 

Environmental Levy

 

Service level changes and resourcing/staff implications

 

There will be staff time required to manage any projects undertaken by community groups funded through the environmental levy.

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                               16 October 2014

Assistant General Manager Engineering Services Report

ITEM 11.5    SF95                161014         Additional Parking - Wallace Street, Macksville

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request to extend 1 hour parking in Wallace Street, Macksville to create an additional parking space.

 

 

Recommendation:

 

1         That Council concur to a request from Finishing Touches to sign post and extend the 1 hour parking zone on Wallace Street, Macksville by one parking bay outside their premises and  adjacent to the Matilda Street Intersection.

 

2         The applicant (Finishing Touches) meets costs associated with relocation of the signs.

 

 

OPTIONS:

 

Retain existing layout

 

DISCUSSION:

 

At the intersection of Wallace and Matilda Streets there is sufficient room available for an additional 1 hour parking space directly outside the relocated finishing touches store.

 

Sufficient sight distance will be available if the extension is approved and the distance to the intersection complies with Roads and Maritime Services guidelines.

 

CONSULTATION:

Roads and Maritime Services

NSW Police

 

SUSTAINABILITY ASSESSMENT:

Environment

There is no impact on the environment associated with this report.

 

Social

An additional parking space will be of benefit to local shoppers

 

Economic

An additional parking space will provide a boost to local business

 

Risk

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Source of fund and any variance to working funds

Service level changes and resourcing/staff implications

 

Attachments:

1

22776/2014 - Request for an extra car space be permitted - Victor Mankin of Finishing Touches

 

2

28379/2014 - Photos of proposed extension of 1 hour parking in Wallace Street Macksville

 

  


Ordinary Council Meeting - 16 October 2014

Additional Parking - Wallace Street, Macksville

 


Ordinary Council Meeting - 16 October 2014

Additional Parking - Wallace Street, Macksville

 

 

Text Box: NO STOPPINGText Box: EXTEND 1 HOUR PARKING

WALLACE STREET

 

MATILDA STREET

 

10m

 

5.5m