NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

29 January 2015

 

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 - 29 January 2015

 

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 - 15 January 2015................................................................................. 6

5        NOTICES OF MOTION  

6        DELEGATION

11.2   NSW Rural Fire Service Proposed 2015/16 Budget 'Bid'.................................................. 285    

i)           Mr Lachlan Ison on behalf of Rural Fire Service

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.................................................................................... 15

9.2     Housekeeping amendment to the Nambucca LEP 2010.................................................... 23

9.3     Deck Encroachment on Road Reserve -
15 Gregory Street, Valla Beach........................................................................................ 34

9.4     Reuse of Treated Effluent from the Macksville Sewerage Treatment plant by Pacifico........ 48

9.5     Planning Proposal Commercial Land Use Zones in Macksville.......................................... 52

9.6     New Draft Policy - Local Approvals Policy..................................................................... 103

9.7     Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 January to 20 January 2015................................................................................ 139

10      Assistant General Manager Corporate Services Report

10.1   Final Community Facilities and Public Open Space Strategy  2015.................................. 143

10.2   Investment Report To 31 December 2014....................................................................... 273

10.3   Tewinga Community Centre Committee of Management AGM - 17 December 2014 - Minutes 278

10.4   Schedule of Council Public Meetings............................................................................. 281

11      Assistant General Manager Engineering Services Report

11.1   Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy................. 282

11.2   NSW Rural Fire Service Proposed 2015/16 Budget 'Bid'—DELEGATION ........................ 285    


 

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

12.1   Quarry Solutions-v-Nambucca Shire Council

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.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 15 January 2015

The following document is the minutes of the Ordinary Council meeting held 15 January 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 29 January 2015 and therefore subject to change.  Please refer to the minutes of 29 January 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher  (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

PRAYER

 

Pastor Peter Lott from the Christian Life Centre, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor K MacDonald declared a pecuniary interest in Item 9.2 Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate under the Local Government Act as Cr MacDonald’s sister owns an adjoining property and Council’s decision may affect their property price and/or amenity and access. Cr MacDonald left the meeting for this item.

 

Councillor K MacDonald declared a non-pecuniary less significant conflict of interest in Item 9.5 Dogs at Gumma Reserve under the Local Government Act as Cr MacDonald takes her dog to Gumma Reserve.

 

Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 11.3 Nambucca Shire Traffic Committee Meeting Minutes – 15 January 2014 (specifically point 4.4 Vehicle Speeds North Arm Road) under the Local Government Act as Cr Flack is a resident of upper North Arm.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 December 2014

 

605/15 RESOLVED:        (Flack/South)

 

That the minutes of the Ordinary Council Meeting of 11 December 2014 be confirmed subject to the following amendment:

 

In relation to Item 9.4 the delegation from Mr Barry Duffus should be as follows:

That any amalgamation or joint agreement with Coffs Harbour to jointly manage the Visitors Information Centre would be to our detriment as shown by past experience and examples of our brochures being put in a back room and not made available to the public.

 

 

 

DELEGATIONS

Cr MacDonald left the meeting for Item 9.2 – recommendations 1 and 2 - at 5.35 pm and returned after the conclusion of the these recommendations at 5.56 pm. Cr MacDonald was present for recommendation 3.

 

RECOMMENDATION:

 

That the following delegations be heard:

 

Item 9.2 - Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

          i)       Mr Paul Burgess for the recommendation

i         i)       Mr Richard Barrie for the recommendation

 

Item 9.3 - Renewal of Lease for Bowraville Golf Course

i)         Mr David Salvin on behalf of Bowraville Golf Course Director on the Board

 

Item 9.6 - Transfer of Encroachment Licence - 26 Swimming Creek Rd, Nambucca Heads

          i)       Ms Vicki Gee

 

 

Mr Burgess address Council making the following points:

·    Preference is for Pacifico not to pump from the dam

·    Water and spillway partially on his property

·    Land to be reclassified to operational land

·    Will Council revisit reclassification at a later date?

·    Application with Council to subdivide his property

·    Dam significant to his development.

 

Mr Barrie addressed Council making the following points: (Mr Barrie’s speaking notes are on file PRF72)

·    Richard Barrie representing Bellingen Birders and the Kingsworth Lake Action Group

·    We object to the extraction of water from Kingsworth Lake

·    We object to any other action which would threaten the existing environment

·    This site has very high ecological values and we have particular concern for the exceptional bird life found on the Lake

·    A copy of the Survey from 21st December is on file PRF72

·    Includes NSW threatened species and species covered by Commonwealth International Agreements

·    The suggestion non supply of water to Pacifico will result in costs to the taxpayer is spurious

·    We support the recommendation NOT to supply water to Pacifico.

 

606/15 Resolved:        (Flack/Smyth)

 

That Mr Barrie be approved to continue to address Council.

 

ITEM 9.2      PRF72                150115      Pacific Highway Upgrade - Request to Use Water from the Dam at the Kingsworth Estate

607/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council advise Pacifico that the community classification of the land effectively means that Council is unable to enter into an agreement for the use of the water from the Kingsworth Estate dam.

 

2        That Council advise Mr Ian Love that he has not provided evidence of the claim for water rights, but regardless Council will not be proceeding to consider any lease or licence of the land or its water to Pacifico.

 

608/15 Resolved:        (Flack/Smyth)

 

3        That Council receive a report regarding the potential use of sewage treatment plant water by Pacifico including options of costs/fees for supply and costs of infrastructure and legal advice.

 

 

DELEGATIONS continued

 

Mr David Salvin addressed Council making the following points:

·    On behalf of Bowraville Recreation Club

·    Membership increasing

·    Volunteer labour and ground staff work tirelessly

·    Club happy to support five year term

·    Membership is aging

·    Cost of lease – wish to remain “peppercorn” so all socio economic groups can afford to use the club

·    Not for profit organisation

·    Increase in lease cost will jeopardise membership numbers

 

ITEM 9.3      SF1535              150115      Renewal of Lease for Bowraville Golf Course

609/15 RESOLVED:        (Flack/Ainsworth)

 

1        That Council provide public notice of a proposed lease of community land to the Bowraville Recreation Co-operative being the land comprising the Bowraville Golf Course, with the lease to commence at the expiration of the current lease on 12 March 2016 for a term of 5 years at an annual rental of $5.00.

 

2        The terms of the lease to be generally the same as the current lease (except for the term).

 

3        That the Bowraville Recreation Co-operative pay the legal costs associated with the preparation and registration of the lease.

 

4        In the event that there are no public submissions in response to the public notice of the proposed lease, that the General Manager be provided with delegated authority to finalise the lease and that Council’s seal be attached to legal documents as required.

 

5        Following the execution of any lease, that Council’s land register be updated.

 

 

DELEGATIONS continued

 

Ms Vicki Gee was not in attendance at the Council meeting.

 

ITEM 9.6      SF1480              150115      Transfer of Encroachment Licence from Shibba to Dennien – 26 Swimming Creek Rd, Nambucca Heads

Motion:      (Smyth/Flack)

 

That a new license agreement for all encroachments (including Ms Gee’s dwelling) 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.

 

Amendment:       (Finlayson/Ainsworth)

 

That this item be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

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

 

610/15 Resolved:        (Finlayson/Ainsworth)

 

That this item be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

 

ITEM 9.1      SF959                150115      Outstanding Actions and Reports

611/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

Item 9.2 was dealt with under Delegations.

 

 

 

Item 9.3 was dealt with under Delegations.

 

 

 

ITEM 9.4      SF929                150115      Management of Bookings at the Visitor Information Centre

612/15 RESOLVED:        (Ainsworth/Finlayson)

 

That this item be deferred until Council’s meeting on 12 February 2015.

 

 

 

ITEM 9.5      PRF54                150115      Dogs at Gumma Reserve

613/15 RESOLVED:        (Finlayson/South)

 

1        That Council allow dogs in the Gumma Reserve provided they remain on a leash at all times and under effective control.

 

2        That Council discontinue the $2.00 per day fee for dogs to stay at the Reserve.

 

 

 

Item 9.6 was dealt with under Delegations.

 

 

 

ITEM 9.7      DA2014/183        150115      Notification of DA2014/183 referral to the JRPP

614/15 RESOLVED:        (Ainsworth/MacDonald)

 

That the information concerning the report and recommendation to the Northern Joint Regional Planning Panel on the proposed residential care facility on the corner of Upper Warrell Creek Road and the Pacific Highway (Lots 1 & 2 DP 377306, Lot 3 DP 241032, Lots 1 & 5 DP 248870) be received.

 

 

 

ITEM 9.8      SF1947              150115      Outstanding DA's greater than 12 months, applications where submissions received not determined from 3 December to 6 January 2015

615/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.9      SF1148              150115      Council Ranger's Report December 2014

616/15 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

ITEM 9.10    SF2038              150115      2014 December - Construction And Complying Development Certificates Approved

617/15 RESOLVED:        (Finlayson/MacDonald)

 

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

 

 

 

ITEM 9.11    SF2038              150115      2014 December - Development and Complying Development Applications Received

618/15 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2025              150115      Fit For The Future - Report 4  Infrastructure and Service Management and Efficiency Bench Marking

619/15 RESOLVED:        (MacDonald/South)

 

That Council receives this report and notes the information it contains.

 

620/15 Resolved:        (Finlayson/Ainsworth)

 

That the Mayor, Deputy Mayor and General Manager make an appointment for informal discussions with their counterparts at Bellingen Shire Council to explore any interest in a joint meeting of both Councils to discuss possible amalgamation or other joint activities and bring the outcome of this meeting back to this Council.

 

 

 

Council adjourned at 7.44 pm

Council resumed at 8.19 pm

 

 

 

ITEM 10.2    SF1120              150115      Grant Application Status Report

621/15 RESOLVED:        (Ballangarry/Smyth)

 

That the list of grant applications and their status to 24 December 2014 be received.

 

 

 

ITEM 10.3    SF251                150115      Schedule of Council Public Meetings

622/15 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

 

 

ITEM 10.4    SF337                150115      Taylors Arm Sports Reserve Committee of Management - Minutes of Annual General Meeting - 11 December 2014

623/15 RESOLVED:        (Ainsworth/South)

 

That Council endorse the Minutes of the Committee of Management for the Taylors Arm Sports Reserve Annual General Meeting held on 11 December 2014 and thank the outgoing Committee for their continued good work in the past twelve months.

 

 

 

ITEM 10.5    SF1963              150115      Defence of Claim by Community Housing Ltd

624/15 RESOLVED:        (MacDonald/Ainsworth)

 

That the report be noted and received for the information of Council.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF85                  150115      NSW Rural Fire Service Liaison Committee meeting Thursday 12 November 2014 – Service Level Agreement 2014

625/15 RESOLVED:        (Ainsworth/Smyth)

 

That Council receive, note the report and endorse the minutes for the RFS Liaison Committee Meeting Service Level Agreement – 2014/2015 held on Thursday 12 November 2014.

 

 

 

ITEM 11.2    SF878                150115      Mid North Weight of Loads Group - Minutes of the Meeting 20 November 2014

626/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the minutes of the Mid North Weight of Loads Group meeting held on 20 November 2014.

 

 

 

ITEM 11.3    SF90                  150115      Nambucca Shire Traffic Committee Meeting Minutes – 15 January 2014

627/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council:

 

1        receive and note the minutes of the Nambucca Shire Traffic Committee held on the 2 December 2014

 

2        install line marking to delineate turning movements into Eggleton Street from Hyland Park Road

 

3        notes that the RMS is investigating the possibility of installing a mobile speed camera on Hyland Park Road

 

4        notes that additional patrols will be conducted by NSW Police

 

5        NSW Police will monitor compliance of Heavy Vehicle parking on Mumbler Street Nambucca Heads

 

6        approve the following temporary road closures to accommodate the Australia Day 2015 ‘Fun Day’ and associated fun run activities in Nambucca Heads:

 

i         Boat ramp and road through Gordon Park - 6.00am to 6.00pm

 

ii        For short periods between 7.00am and 10.00am at the following locations:

 

          a        Wellington Drive (from Gordon Park to the V Wall)

          b        Shelly Beach Road (from Parkes Street)

                   c        Parkes Street (from Shelly Beach Road to Captain

                             Cook Lookout)

 

7        install 2 signs on North Arm Road reminding drivers to drive to the conditions, one immediately prior to the start of the gravel section and the other immediately after the Argents Hill centre

 

8        advise the Nambucca Heads Community Action Group that the NSW Police have been advised of their concerns and that the NSW default speed limit in built up areas is 50km/h, negating the need for further signage

 

9        approve the installation of a NO STOPPING zone on the northern side of Willunga Avenue between Mumbler Street and the Pacific Highway

 

10      note that approval has been granted to the temporary road closure of High Street Bowraville between Belmore and Young Streets on 18 December 2014 between 3.00pm and 7.00pm to conduct their annual community Christmas party.

 

 

 

ITEM 11.4    SF1696              150115      T501415NAM Tender for Supply and Delivery of Electricity to Small Mass Market Sites

628/15 RESOLVED:        (Smyth/MacDonald)

 

1          Council authorise the Mayor and General Manager to adopt the tender evaluation recommendation.

 

2          The results of the tender evaluation be reported to the Council Meeting 5 February 2015.

 

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

Against the motion: Nil

 

 

 

ITEM 11.5    SF1696              150115      RA491415NAM Reverse Auction for Supply of Electricity for Contestable Metered Sites and Street Lighting

629/15 RESOLVED:        (MacDonald/Ainsworth)

 

1          Council authorise the Mayor and General Manager to adopt the tender evaluation recommendation.

 

2          The results of the tender evaluation be reported to the Council Meeting 5 February 2015.

 

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

Against the motion: Nil

 

 

 

ITEM 11.6    SF841                150115      Roundabout Treatments Pacific Highway Upgrade Warrell Creek to Nambucca Heads

630/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council advise Roads and Maritime Services that for Council to accept responsibility for the ownership and ongoing maintenance of the two roundabouts at the new Bald Hill Interchange they must be constructed with:

 

a)         a landscaping treatment that requires little maintenance

 

                   b)       has a minimum 2m wide concrete perimeter apron.

 

 

 

ITEM 11.7    T032/2014           150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

631/15 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council accept the submission for T032/2014, Construction of Road Embankment Stabilisation, Riverside Drive, Nambucca Heads, from Specialised Geo Pty Ltd.

 

2        That Council update the Contract Register.

 

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

Against the motion: Nil

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

Resolved:          (Ainsworth/MacDonald)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1931              150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              150115      Coffs Coast Waste Service - Mixed Waste Processing

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

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.58 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Flack/Morrison)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 9.00 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

Assistant General Manager Engineering Services Report

From Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1931              150115      T032/2014 Tender for Construction of Road Embankment Stabilisation Riverside Drive, Nambucca Heads

632/15 RESOLVED:        (Ainsworth/Morrison)

 

That Council note the tendered sums and assessment results enclosed for T032/2014.

 

 

From Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1931              150115      Coffs Coast Waste Service - Mixed Waste Processing

633/15 RESOLVED:        (Flack/Finlayson)

 

That Council receives and notes the outcome of negotiations between Coffs Coast Waste Services and Biomass Solutions in resolving the dispute.

 

 

CLOSURE

There being no further business the Mayor then closed the meeting the time being 9.01 pm. 

Confirmed and signed by the Mayor on 29 January 2015.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Ordinary Council Meeting                                                                                                29 January 2015

General Manager

ITEM 9.1      SF959              290115         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

Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan.

At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan.

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

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

Draft Presentation partially complete, deferred to due staff on leave and development for Fit for the future response.  Will be conducted early in the new year as part of the IP&R process.

 

 

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.

 

Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December

 

Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate March

 

 

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.

Speed camera now installed on northern end of Macksville Bridge.

Arrows installed at Cooper/Partridge St intersection.

 

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 second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act.

 

Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure

 

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.

 

Media release issued before 13 November Council meeting.

 

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.

 

 

JUNE 2014

 

9

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.

 

Matter discussed with the Mayor on 21/1/2015. 

 

The NSW State election is now only 2 months away (28 March 2015) and as at the date of preparing this report no funding announcement had been made.  If no announcement is forthcoming in the near future, Council and the community will need to “ramp up” its lobbying to try and secure funding for either a new Macksville hospital or a substantial refurbishment.

 

10

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.

Now expecting a funding announcement in relation to the Macksville Hospital before the March 2015 State election but the available funding will only be sufficient for a refurbishment, not a new hospital.

 

 

JULY 2014

 

11

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.

 

Follow up letter sent 17/12/2014

 

AUGUST 2014

 

12

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.

 

13

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

 

14

SF595

28/08/14

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

 

AGMES

March 2015

 

SEPTEMBER 2014

 

15

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.

 

Lots to be pegged out by Council’s Surveyor on his return from annual leave, ready for listing with an agent for sale “off the plan”.

 

16

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).

 

17

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.

 

18

SF399

26/09/14

Council requested a further report on the option of reducing staffing levels in the outdoor workforce.

 

GM

Report November 2014.

The AGMES is preparing a detailed proposal for a change to the organisation structure of the outdoor workforce which will be reported to the Council meeting on 29 January 2015.  The deferral will allow for some input by Council’s new Manager Infrastructure Services, Mr Matt Leibrandt.  The report will assess and recommend on option/s to reduce staffing levels in the outdoor workforce.  There will also be a report to Council’s meeting on 11 December on a general call for voluntary redundancies.

Report deferred until March to assess outcome of invitation for expressions of interest in voluntary redundancy.

 

 

OCTOBER 2014

 

19

PRF71

16/10/14

Council attempt to arrange a meeting with representatives of the Skaters and the residents who undertook legal action against Council to explore opportunities for an agreement etc (Nambucca Heads Skate Park)

 

GM

Letters sent to Skaters and Residents on 23/10/14

Response received from residents’ solicitor advising that all communication has to be between Council’s solicitor and the residents’ solicitor.  Council’s solicitor instructed to act on Council’s behalf in trying to reach agreement for a meeting.

 

Mayor instigated discussion with one resident.  Meeting to be organised in near future.

 

 

20

PRF72

16/10/14

Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

GM

Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment.  Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

 

 

21

SF688

16/10/14

Council give public notice of its intention to reclassify land shown as proposed lots 2 and 3 as operational land and undertake the required public hearing (land to the west of the Valla Beach Pre-School)

 

GM

Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment.  Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

A report in the business paper to the meeting on 16/12/2014 regarding outcome of Valla Beach Community Association meeting and an alternative proposal was deferred at the request of the Pre-School.

 

GM requested to attend meeting at the Valla Beach Pre School on 27 January 2015

 

 

22

SF952

16/10/14

Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

AGMES

Report March 2015.

 

23

SF453

30/10/14

A further report comes to Council on the outcome of the clothing recycling trial, including how the scheme is to be paid for.

 

AGMES

Trial under way and report on the outcome of the clothing recycle project to be included with the January 2015 waste QBR

 

24

SF1947

30/10/14

That DA 2014/158 (pistol range, Missabotti) be called in for determination by Council and that Council undertake a site inspection at an appropriate time.

 

GM

Applicant has been requested to provide additional information.

 

NOVEMBER 2014

 

25

SF841

13/11/14

Council write to the Min. for Roads with a copy to the Local Member pointing out the issues created when the RMS resume land without making clear in the standard contracts the liability for rates….

 

GM

Letter to Minister sent by Mayor w/e 21/11/14

 

26

SF2031

27/11/14

Council’s 2015/16 budget consider an additional, third flag pole for the front of the administrative centre.

 

GM

Report with operational plan – April/May 2015

 

27

SF2031

27/11/14

Council’s 2015/16 budget consider a commemorative board for the Council Chambers acknowledging all Councillors and staff who served the Council in its centenary year.

 

GM

Report with operational plan – April/May 2015

 

28

SF1997

27/11/14

Council’s Finance Section be asked to review, when time permits, Council’s current liquid equity levels & their relationship to the minimum level of Council’s policy.

 

AGMCS

Early 2015.

 

DECEMBER 2014

 

29

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed VIC from the proposed highway service centre.

 

GM

Letters sent 18/12/2014

 

30

SF1886

11/12/14

Council make representations to the Premier and Deputy Premier for the appointment of an independent authority to determine the funding package to be provided by the RMS to Councils for the maintenance of the by-passed Pacific Highway.  Further than MIDROC be requested to support Council’s request.

 

GM

Letters sent 18/12/2014

 

31

SF247

11/12/14

Council make a submission to the NSW Office of Water seeking a funding contribution to the provision of sewerage to south Nambucca.

 

AGMES

Letter sent to Minister w/e 16/1/2015

 

32

SF247

11/12/14

NSW Public Works and/or a rep of Clarence Valley Council be invited to provided Council with a briefing on the establishment & operation of the Iluka sewerage scheme …

 

AGMES

Proposed for March 2015

 

33

SF247

11/12/14

There be a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.

 

AGMES

Proposed for March 2015

 

34

SF929

11/12/14

Council receive a report on how the issue of bookings at the VIC on behalf of businesses might be better managed to ensure transparency and that consideration be given to the appropriateness of booking commissions going to the Nambucca Valley Tourism Association.

 

GM

Report January 2015.

 

Deferred at request of Nambucca Valley Tourism to the Council meeting on 12 February 2015.

 

JANUARY 2015

 

35

PRF72

15/1/15

Council receive a report regarding the potential use of sewage treatment plant water by Pacifico including options of costs/fees for supply and costs of infrastructure and legal advice.

 

GM

Report to either January or February 2015.

 

36

SF1480

15/1/15

The transfer and renewal of the encroachment licence (Swimming Creek Caravan Park) be deferred in order for Council to obtain further advice on the legal consequences of an Order for the removal of Ms Gee’s dwelling.

 

GM

Matter discussed with an officer of Crown Lands on 21/1/2015.  It was advised that they (Crown Lands) have received representations from both the caravan park proprietor and Ms Gee.  Crown Lands have concerns about the course of action Council has contemplated in terms of excluding Ms Gee’s dwelling from the licence renewal.  The Crown identifies potential risks to Council as trustee in incurring legal and other costs if it seeks to serve an order to relocate the dwelling.  The officer indicated that Crown Lands staff would be prepared to address Council on the matter.  An invitation to address Council has been sent to the Grafton office of Crown Lands.

 

At this stage legal advice has not been sought.  The cost of this would be in the vicinity of $2,500, but that would only be the start as it is likely that Council would require the endorsement of a Court to enforce the order.

 

 

37

SF2025

15/1/15

The Mayor, Deputy Mayor and General Manager make an appointment for informal discussions with their counterparts at Bellingen Shire Council to explore any interest in a joint meeting of both Councils to discuss possible amalgamation or other joint activities and bring the outcome of this meeting back to this Council.

 

GM

Arrangements being made for discussions.  Anticipate reporting back to Council in March 2015.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.2      SF1541            290115         Housekeeping amendment to the Nambucca LEP 2010

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Daniel Walsh, Senior Town Planner; Lisa Hall, Technical Officer Planning         

 

Summary:

 

The purpose of this report is to progress some housekeeping amendments to the Nambucca LEP 2010.

 

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          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendments as proposed in this report.

 

a.         Amend the Floor Space Ratio Map relating to Lot 5 DP 242819, Lot 9 DP534177, Lot B DP955417, Lot 1 DP 558086, Lot 1 DP 1063510 and Lot 412 DP 625737  to provide a maximum floor space ratio of 0.55:1. And

 

            Amend the Height of Building Map relating to Lot 5 DP 242819, Lot 9 DP534177, Lot B DP955417, Lot 1 DP 558086, Lot 1 DP 1063510 and Lot 412 DP 625737 to provide a maximum building height of 8.5m AHD.

 

b.     Amend clause 7.1 (6) as follows:

(6) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a) the works involve the disturbance of less than 1 tonne of soil, and

(b) the works are not likely to lower the watertable.

 

c.         Rezone Lot 701 DP 1054525 from RE1 Public Recreation to R1 General Residential and include the lot on the ‘Lot Size Map’ with a minimum lot size of 450m², on the ‘Height of Buildings Map’ with a maximum building height of 8.5m, and on the ‘Floor Space Ratio Map’ with a maximum floor space ratio of 0.55:1; and

 

Rezone Lot 470 DP 755550 from RE1 Public Recreation to R3 Medium Density Residential and include the lot on the ‘Lot Size Map’ with a minimum lot size of 450m², on the ‘Height of Buildings Map’ with a maximum building height of 8.5m, and on the ‘Floor Space Ratio Map’ with a maximum floor space ratio of 0.75:1.

 

          d.       Amend clause 4.1 (4A) as follows:

(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a)   If the land contains an existing dual occupancy and there are only 2 lots resulting from the subdivision, with an existing dwelling located on each resulting lot, or

(b)   For the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c)   If a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.”

 

          e.       Rezone Lot 1 DP 560614 from RU3 Forestry to a combination of RU1 Primary           Production and RU2 Rural Landscape. Also amend the minimum Lot Size Map for this           land to 100HA.     

 

          f.        Amend the Land Use table for R5 Large Lot Residential to ensure that Secondary           Dwellings are identified as being permissible with consent.

 

2          The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.

 

 

 

OPTIONS:

 

1        Council may choose to support all of the proposed amendments.

 

2        Council may choose not to support all of the proposed amendments.

 

3        Council may choose not to support any of the proposed amendments

 

 

DISCUSSION:

 

At its meeting on 30 May 2013, Council resolved:

 

“1  Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the following amendment as proposed in this report.

 

a.  amend Thistle Park (Lot 12 Sec A DP11590; Lot 1 DP 122896; Lot 1 DP122896; Lot 1 DP122898; Lot 7 Sec D DP11590; Lot 6 Sec D DP11590; Lot 5 Sec D DP11590; Lot 4 Sec D DP11590; Lot 12 Sec A DP 11590; Lot 1 DP729696) from R1 General Residential to RE1 Public Recreation and remove any other development standards that are inconsistent with other open space areas.

 

b.  zone the land occupied by the Nambucca Veterinary Clinic (Lot 1 DP541043 & Lot 9 Sec 27 DP758749) from R3 Medium Density Residential to B1 Neighbourhood Centre and remove the floor space ratio (FSR) to reflect the adjoining land and other commercial land in the shire.

 

c.  the Macksville Post Office be listed as an Environmental Heritage Item in Schedule 5 Part 1 of the Nambucca LEP 2010.

 

d.  Land occupied by the Nambucca Bridge Club 2 Fred Brain Avenue Nambucca Heads (Lot 21 DP1161807) be zoned from RE1 Public Recreation to RE2 Private Recreation.

 

2   The Planning Proposal and associated material be submitted to the Minister for Planning for        consideration under Clause 56 of the Act.”

 

(TRIM Reference 12076/2013)

 

Council staff have the intention to prepare the above planning proposal in the near future. However, before doing so it is considered that adding the following additional amendments to the planning proposal in order to correct further anomalies, provide clarity within development standards and to facilitate development within the shire would be of benefit to Council.

 

The purpose of this report is to provide Council with an opportunity to add additional amendments to the planning proposal in order to correct further anomalies, provide clarity within development standards and to facilitate development within the shire. The matters in question include:

 

·      Amend the Floor Space Ratio and Height Map to include all of the allotments which make up 24 Bellevue Drive, North Macksville (Midco site).

·      Amend clause 7.1(6) relating to acid sulphate soils to ensure that exemption from the operation of the clause requires a development to be consistent with both of the exempt provisions contained within the clause, not just one.

·      Rezone land owned by the Nambucca Local Aboriginal Land Council from RE1 Public Recreation to R1 General Residential and R3 Medium Density Residential.

·      Amend clause 4.1 (4A) to reflect the intention of the clause, which is to exclude the minimum lot size development standard from applying to the subdivision of land which contains a dual occupancy if only two lots will result from the subdivision and one existing dwelling is located on each lot.

·      Ensure secondary dwellings are a permissible use in R5 Large Lot Residential Zones

 

a.         Amendment of the Floor Space Ratio Map - 24 Bellevue Drive & 10 McLennans Lane, North Macksville

 

24 Bellevue Drive, North Macksville is made up of five allotments which are legally known as Lot 5 DP 242819, Lot 9 DP534177, Lot B DP955417, Lot 1 DP 558086, and Lot 1 DP 1063510. The site is commonly known as the ‘Midco Site’. 10 McLennans Lane is legally known as Lot 412 DP 625737.

 

Figure 1 below is an extract of the Floor Space Ratio Map of the above allotments and the surrounding area. All of the above allotments are highlighted red in figure 1 and are located within the R1 General Residential Zone under the NLEP. However, only one of the allotments is shown on the Floor Space Ratio Map which, as can be seen in Figure 1, is inconsistent with the surrounding residential area. The height of buildings map reflects this anomaly in that it only applies to a single allotment in the area.

 

In order to correct this anomaly, it is recommended that Council amend the Floor Space Ratio Map to include all of the above allotments on the map with a maximum floor space ratio of 0.55:1.  It is also recommended Council amend the height of building map to provide a maximum building height of 8.5m on this land. This is consistent with surrounding allotments within the R1 General Residential Zone (coloured green in figure 1) which already have a maximum floor space ratio of 0.55:1 and a building height of 8.5m AHD. This will ensure future buildings on the allotments are compatible with the desired bulk and scale of built form within the surrounding area. The land was previously identified as 2(a) Residential (low medium density) under the Nambucca LEP 1995 and as such held an 8 metre maximum building height and relative density requirements. Some Councillors may recall that the provisions provided in the 1995 LEP were the result of a rezoning application and LES developed for the midco site.

 

Figure 1

 

 

 

b.         Amend clause 7.1(6) to clarify the exempt provisions contained within the clause

 

The objective of clause 7.1 of the NLEP is “to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage”. The development standard within clause 7.1 prohibits Council from granting development consent for the specified works within the clause on land mapped on the Acid Sulfate Soils Map, unless “an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority”.

 

Clause 7.1 (6) states:

 

“development consent is not required under this clause to carry out any works if:

(a) the works involve the disturbance of less than 1 tonne of soil, such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams and detention basins) or foundations or flood mitigation works, or

(b) the works are not likely to lower the watertable.

 

It is considered that the word ‘or’ located at the end of paragraph (a) in clause 7.1 (6) is an error because it excludes the operation of the clause from developments which may result in significant environmental impacts resulting from the disturbance of acid sulfate soils.

 

For example, if a development were to result in the disturbance of more than 1 tonne of soil in a location shown on the Acid Sulfate Soils Map, but were not likely to lower the water table; clause 7.1 would not be applicable to the proposed development. However, if the word ‘or’ was replaced with the word ‘and’; clause 7.1 would be applicable to the proposed development unless it was demonstrated that the proposed works would not result in the disturbance of more than 1 tonne of soil and will not lower the water table. It is important to note that the word ‘and’ requires the works associated with the development to satisfy both paragraphs (a) and (b), not just one of them.

 

The use of the word ‘or’ in clause 7.1 (6) derives from the Settled Model Local Provisions prepared by the Department of Planning. However, examples of the use of the word ‘and’ in similar clauses are found within the Coffs Harbour and Kempsey local environmental plans.

 

Having regard to the above, it is recommended that Council amend clause 7.1 (6) as follows:

(6) Despite subclause (2), development consent is not required under this clause to carry out any works if:

(a) the works involve the disturbance of less than 1 tonne of soil, and

(b) the works are not likely to lower the watertable.

 

This is difficult concept to grasp however the amendment will ensure that areas with a potential risk of producing actual acid sulfate soils are given appropriate consideration. The amendment has been requested by the Department of Planning and Environment during the preparation of the next housekeeping amendment [attachment].

 

c.         Rezone land owned by the Nambucca Local Aboriginal Land Council currently zoned RE1 Public Recreation

 

Lot 701 DP 1054525

The Nambucca Local Aboriginal Land Council currently owns Lot 701 DP 1054525 - Boronia Street, Nambucca Heads which is illustrated below in figure 2. This allotment is currently connected to reticulated sewer and water, with both legal and physical access available from Boronia Street and Pacific Street.

 

The RE1 Public Recreation Zone is generally intended for a wide range of public recreational areas and activities including local and regional parks and open space. With Lot 701 DP 1054525 being owned by the NLALC and not been reserved for public recreation purposes (e.g. local or regional open space) on the Land Reservation Acquisition Map, it is not considered that its current zoning is appropriate for the location and nature of the site. This has been expressed by the Nambucca Local Aboriginal Land Council.

 

While the development potential of the site is constrained due to steep slopes and watercourses; it is considered that some form of residential development could potentially occur on the site subject to matters such as slope, flora and fauna, bushfire, and drainage been addressed during the development assessment process.

 

Having regard to the above and in order to facilitate future residential development of the land in a manner which is consistent with the development within the surrounding area, it is recommended that the lot be rezoned to R1 General Residential.

 

As part of this rezoning, it is also recommended that the lot be included on the ‘Lot Size Map’ with a minimum lot size of 450m², the ‘Height of Buildings Map’ with a maximum building height of 8.5m, and the ‘Floor Space Ratio Map’ with a maximum floor space ratio of 0.55:1. The inclusion of the lot on these maps will ensure the development standards applicable to the lot will be the same as the adjoining R1 General Residential zoned land illustrated pink in figure 2. Further to this it is noted that this land was zoned 2(a) Residential (low medium density).

 

 

Figure 2

 

Lot 470 DP 755550

 

The Nambucca Local Aboriginal Land Council also owns Lot 470 DP 755550 - Loftus Street, Nambucca Heads which is illustrated below in figure 3. This allotment is also zoned RE1 Public Recreation and has not been reserved for public recreation purposes (e.g. local or regional open space) on the Land Reservation Acquisition Map. The lot has access to reticulated sewer and water, with both legal and physical access available from Loftus Street.

 

Having regard to the above, it is not considered that its current zoning is appropriate for the location and nature of the lot. Furthermore, it is considered that the lot is less constrained than Lot 701 DP 1054525 and has potential for residential development in a manner which is consistent with the surrounding area.

 

As such, it is recommended that the lot be rezoned to R3 Medium Density Residential to be consistent with the zoning of the surrounding area. As part of this rezoning, it is also recommended that the lot be included on the ‘Lot Size Map’ with a minimum lot size of 450m², the ‘Height of Buildings Map’ with a maximum building height of 8.5m, and the ‘Floor Space Ratio Map’ with a maximum floor space ratio of 0.75:1. The inclusion of the lot on these maps will ensure the development standards applicable to the lot will be the same as the adjoining R3 Medium Density Residential zoned land illustrated red in figure 3 below. Further to this it is noted that the land was zoned 2(b) Residential (medium density) under the Nambucca LEP 1995.

Figure 3

 

d        Amend clause 4.1(4A) (a) to clarify the exempt provisions contained within the clause

 

Clause 4.1 (3) states that The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land”.

 

However, clause 4.1 (4A) (a) excludes the operation of clause 4.1 to development applications for the subdivision of land if the land contains an existing dual occupancy. Clause 4.1 (4A) reads as follows:

 

“(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a) if the land contains an existing dual occupancy, or

(b) for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c) if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.”

 

The intention of clause 4.1 (4A) (a) is to exclude the minimum lot size development standard from applying to the subdivision of land which contains a dual occupancy, if only two lots will result from the subdivision and one existing dwelling is located on each resulting lot. However, as can be seen above, the way the clause is written is that clause 4.1 does not apply to the subdivision of land as long as a dual occupancy is located on the land. This means that a development application for the subdivision of land into more than two allotments with sizes below the minimum lot size is excluded from the operation of clause 4.1. It is considered that this is an error as it is contrary to the objective of the clause because such an exemption to the operation of the clause removes a vital control which helps ensure subdivision layouts are compatible with the desired future character of the locality in which the subdivision is located.

 

Having regard to the above, it is recommended that clause 4.1 (4A) be amended as follows:

 

(4A) This clause does not apply in relation to the subdivision of land in Zone R1 General Residential, R2 Low Density Residential, R3 Medium Density Residential or R4 High Density Residential:

(a) if the land contains an existing dual occupancy and there are only 2 lots resulting from the subdivision, with an existing dwelling located on each resulting lot, or

(b) for the purpose of erecting an attached dwelling or a semi-detached dwelling, or

(c) if a single development application is made for the subdivision of the land into 2 lots and for the erection of a dwelling house on each of the 2 resulting lots.

 

e        Rezone Lot 1 DP 560614 currently zoned RU3 Forestry

 

Lot 1 DP 560614, Upper Buckrabendinni Road, Buckra Bendinni was created in 1973 by a subdivision initiated by the State Government so that land could be purchased by the then Minister for Conservation to add to the Buckra Bendinni State Forest. A subdivision of Lot 45 DP 755548 and the adjoining State Forest was undertaken. The new Lot 2 DP 560614, with an area of 15.38 hectares at the rear of the previous Lot 45 DP 755548 was transferred to the ownership of the State Government and is part of the State Forest. It is now zoned RU3 Forestry and it is not proposed to change this. In return for acquiring this parcel of land, Lot 1 DP 560614 was transferred from the State Forest to private ownership. It has an area of approximately 15.05 hectares. This parcel of land remains in private ownership but is still zoned RU3 Forestry. A more appropriate zone would be a combination of RU1 Primary Production and RU2 Rural Landscape, similar to the lots around it (see map below). It is also proposed to amend the minimum lot size map to 100 Hectares to be in line with the adjoining lots.

 

 

f        Ensure permissibility of Secondary Dwellings in the R5 Large Lot Residential Zones

 

During the preparation of the Nambucca LEP 2010, Council proposed to formally acknowledge secondary dwellings as permissible with consent in the R5 Large Lot Residential land use tables. However at the time the Department of Planning advised that as secondary dwellings were permissible in the R5 Zone within the provisions of the SEPP (Affordable Rental Housing) 2009 it was not necessary to re-iterate this within the land use tables.

 

However Council has since had enquiries regarding approval for secondary dwellings in the R5 Large Lot Residential zone and the following issue has been identified in applying the SEPP provisions.

 

Clause 22 (3)(b) states the following:

 

‘the total floor area of the secondary dwelling is no more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.’

 

Councils provisions in the Nambucca LEP 2010 allow development of secondary dwellings up to 50% of the size of the primary dwelling. However, as the LEP does not specifically permit secondary dwellings in the R5 zone then the SEPP provisions must be relied upon. It could be argued that the SEPP provisions would only allow secondary dwellings to be constructed to the 60sqm , not 50% of the size of the primary dwelling.

 

The proposed amendment is to simply include ‘secondary dwellings’ as permissible with consent within the R5 Large Lot residential zone. This would ensure consistency with secondary dwelling provisions within rural and other residential land in the Nambucca LEP 2010.

 

CONSULTATION:

 

NIL

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposed amendments are aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse environmental impacts.

 

Social

The proposed amendments are aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse social impacts.

 

Economic

The proposed amendments are aimed at correcting anomalies with the Nambucca LEP 2010. There are no associated adverse Economic impacts.

 

Risk

There is limited risk associated with any of the proposed amendments at this stage in the process

 

 

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

This planning proposal will be undertaken with the assistance of Councils Senior Town Planner and Council Technical Officer Planning.

 

Attachments:

1

15227/2012 - Advice of change to Model Local Provision 7.1 Acid Sulfate Soils

 

  


Ordinary Council Meeting - 29 January 2015

Housekeeping amendment to the Nambucca LEP 2010

 




Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.3      LF6687             290115         Deck Encroachment on Road Reserve -
15 Gregory Street, Valla Beach

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A property owner at Valla Beach has constructed a deck which encroaches on Council’s road reservation by between 0.94m and 1.04m for a total encroached area of approximately 9 square metres.

 

The report discusses how Council should deal with this.

 

The most feasible alternatives are considered to be either requiring the encroaching section of deck to be demolished or for the property owner to enter into a lease for the use of the encroached land.

 

 

Recommendation:

 

1        That Council advise the owners of 15 Gregory Street, Valla Beach that in relation to their encroaching deck, subject to the approval of any required road closure application, building certificate application and meeting all costs in relation to these and the preparation of a lease, that Council is willing to enter into a 5 year lease for the encroached land at a rental of $720 per annum.

 

2        That Council’s seal be attached to legal documents as required.

 

 

 

OPTIONS:

 

Council can require the section of the deck which encroaches on Council’s road reserve to be demolished.

 

Council could seek more or less rent than the nominated $720 per annum.

 

Council could change the term of the lease to a period different to the recommended 5 years.  Five years was selected as an appropriate period to avoid the requirement for a subdivision for lease purposes and to allow a review of the rental return at a reasonable interval.  Consideration was given to a CPI index for the rental return but was not applied as there is not a strong correlation between the CPI and property values.  Given the relatively small rental return consideration also needs to be given to managing the matter with minimal staff overheads.

 

Council could seek to sell the encroached land to the property owner.  This would require a subdivision and an agreement as to price.  A sale of the land is not recommended as it would provide an undesirable precedent.

 

Council could require the applicant obtain development consent.  This is not recommended as it would effectively endorse development which would never have been approved.

 

 

DISCUSSION:

 

An attentive Council staff member noticed the construction of a deck attached to the existing dwelling at 15 Gregory Street, Valla Beach.  The location of the deck is such that it has a commanding view of the ocean.  The staff member observed that the deck did not appear to be wholly located within the property boundary.  A subsequent check by Council’s Surveyor indicated that the deck encroaches on Council’s road reserve by 0.94m at one end and 1.04 at the other.  The construction of the deck required development consent from Council however this was not obtained.

 

On 25 June 2014 Council staff wrote to the property owner providing a number of options to resolve the matter being:

 

1.       That the deck be demolished entirely.

 

2.       That the part of the deck encroaching into the road reserve is demolished and development consent be obtained from Council to retain the remainder of the deck.

 

3.       That development consent is obtained for the retention of the entire deck and that the owner enter into a lease arrangement with Council for the encroachment.  It was noted that this would involve, at no cost to Council, obtaining a valuation for the area of land involved in the encroachment, a legal agreement being entered into between the owner and Council and a negotiated rent.

 

Subsequently the attached valuation report was submitted to Council.  The valuation report prepared by Herron Todd White properly assesses the value of the encroached land based on its prime location opposite the beach reserve with restricted ocean views north east.  Given the prime location with ocean views they provided a valuation at the top end of the comparative properties being $975/m2 or $9,000 for the total encroachment.

 

In terms of the encroachment, Council as the owner of the road reserve has the options of requiring its demolition or allowing its retention subject to the encroached section of road being closed and either sold or leased to the property owner.  A sale of the land is not recommended as it would provide an undesirable precedent.  The feasible options are considered to be requiring the demolition of the encroachment or by offering a lease for the use of the land.  Given the deck does not restrict the use of Gregory Street, it is recommended that Council offer a lease for the use of the land.

 

Council does not have to issue a development consent for the unauthorised work and it is recommended that rather than issuing a consent which will effectively endorse development which would never have been approved, that the property owner be required to obtain a building certificate which will ensure some structural assessment and certify that Council will not require demolition on structural grounds for at least 7 years.

 

If Council applied a residential rental return of 8% per annum (the upper end of returns for a residential tenancy) to the assessed market value of the land of $9,000, the annual rent would be $720.  Given the location of the encroaching deck with ocean views, the “premium” rental return can be justified over a “standard” rental return of around 5%.

 

CONSULTATION:

 

There has been consultation with the Manager Development & Environment and with the Manager Business Development.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no economic considerations.

 

Risk

 

There are no significant risks.  The proposed dealing in the land is based on a valuation report by Herron Todd White.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommended lease would provide a financial benefit to Council of $720 per annum.

 

Source of fund and any variance to working funds

 

There will be no significant impact on working funds.

 

Service level changes and resourcing/staff implications

 

There has been staff time involved in correspondence with the owner and the preparation of this report.

 

Attachments:

1

17155/2014 - Survey Report

 

2

1054/2015 - 15 Gregory St Valuation Report

 

  


Ordinary Council Meeting - 29 January 2015

Deck Encroachment on Road Reserve -

15 Gregory Street, Valla Beach

 


Ordinary Council Meeting - 29 January 2015

Deck Encroachment on Road Reserve -

15 Gregory Street, Valla Beach

 











Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.4      SF614              290115         Reuse of Treated Effluent from the Macksville Sewerage Treatment plant by Pacifico

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

At Council’s meeting on 15 January 2015 it was resolved:

 

“That Council receive a report regarding the potential use of sewage treatment plant water by Pacifico including options of costs/fees for supply and costs of infrastructure and legal advice”.

 

Council can decide whether or not to charge for the use of treated effluent from the Macksville Sewerage Treatment Plant.

 

For similar quality treated effluent, the practice of Coffs Harbour City Council and Port Macquarie – Hastings Council has either been to levy no charge or a very minor charge.

 

There are also other environmental, economic and social considerations in determining whether or not Council should charge for the use of its treated effluent in the highway upgrade works.

 

 

Recommendation:

 

That the information concerning the potential use of sewage treatment plant water by Pacifico including the options for supply be received and that Council’s Manager Water & Sewerage be provided with delegated authority to make arrangements for the supply of treated effluent from the Macksville Sewerage Treatment Plant if the necessary approvals are obtained.

 

 

OPTIONS:

 

Council can decide whether or not to charge for the use of treated effluent from the Macksville Sewerage Treatment Plant.  If it wishes to charge for the use of the water then it will need to be metered in some way.  Alternatively the Council could lease the use of the land including the use of treated effluent from the major storage pond.  Given the low value of the treated effluent, a conventional lease may be easier than making all the necessary arrangements for metering.

 

DISCUSSION:

 

At Council’s meeting on 15 January 2015 it was resolved:

 

“That Council receive a report regarding the potential use of sewage treatment plant water by Pacifico including options of costs/fees for supply and costs of infrastructure and legal advice”.

 

Macksville Sewerage Treatment Plant

 

The enquiry which Council has received from Pacifico relates to the use of treated effluent from the Macksville Sewerage Treatment Plant for dust suppression and road compaction in the construction of the Warrell Creek to Nambucca Heads section of the Pacific Highway upgrade.

 

A review of Council’s last licence return to the EPA for the Macksville Sewerage Treatment indicates that the plant produced between 572,000 litres and 13,522,000 litres of treated effluent per day.  The return lists the mean output as 1,338,000 litres (1.338 ML) per day.  Council’s engineering staff indicate normal dry weather outflow is around 800,000 litres per day.  The reason for the vast difference in flow levels is the effect of wet weather.  Excessive wet weather inflow into the sewerage system has been the subject of smoke testing to try and isolate any unauthorised storm water connections.  Other contributing factors are the fact that much of Macksville is located on a floodplain with a relatively high water table, old drainage lines and inspection openings that may receive stormwater inflows.

 

The current arrangements for the disposal of the treated effluent from the Macksville Treatment Plant is that the effluent is decanted from treatment plant to a storage pond and from the storage pond is subject to UV treatment before being discharged to the Nambucca River.  With the exception of a small 3,500 litre storage tank at the Works Depot, there is no storage for the UV treated effluent before it is discharged to the river.

 

The purpose of the storage pond is to “buffer” the very large wet weather flows to the Macksville Treatment Plant.  The capacity of the pond has not been ascertained from design plans but it can hold about 1 week’s outflow.  For this reason the practice of Council staff is to keep the pond as empty as possible so that it’s always available to receive large wet weather inflows.

 

Approval Requirements for the Use of Recycled Water

 

The Office of Water has advised that Pacifico will require an approval for the use of recycled water.

 

Section 60 of the Local Government Act provides as follows:

 

60 Council works for which the approval of the Minister for Primary Industries is required

 

A council must not, except in accordance with the approval of the Minister for Primary Industries, do any of the following:

 

(a)      as to works of water supply – construct or extend a dam for the impounding or diversion of water for public use or any associated works,

 

(b)      as to water treatment works – construct or extend any such works.

 

(c)      as to sewage – provide for sewage from its area to be discharged, treated or supplied to any person,

 

(d)      as to flood retarding basins prescribed by the regulations – construct or extend any such basins.

 

The Office of Water will require that any recycled water which may be used on the highway upgrade meets a specified standard.  Whilst it is impossible to pre-empt the outcome of an application, it is not known whether the treated effluent from the Macksville plant would be accepted for road application.  If it is only accepted post UV disinfection then Pacifico would need to make provision for the storage of that treated effluent.

 

In the first instance Pacifico would need to make application to the Minister for Primary Industries under Section 60 of the Local Government Act.

 

“Recycled” and “Reclaimed” Water

 

These terms cover huge differences in the standard of treatment from a basic tertiary treatment system which exists at Macksville through to very sophisticated and relatively expensive (to build and operate) systems such as Port Macquarie’s reclaimed water scheme.

 

The Port Macquarie reclaimed water scheme takes tertiary treated wastewater from the Port Macquarie wastewater treatment ponds and treats it further by microfiltration, reverse osmosis, UV disinfection and chlorine at a specially constructed reclaimed water treatment plant.  After this high level of treatment, the reclaimed water is odourless, free from viruses, bacteria, pathogens and conforms to National and NSS State guidelines for the production and use of reclaimed water.  The reclaimed water is stored in a separate reservoir and is then distributed to selected businesses and sporting fields via a separate reticulation system which is distinguishable by its purple pipes, taps which turn in the opposite direction to normal and bright yellow warning signs near reclaimed water taps.

 

It cannot be determined from the Port Macquarie Hastings Council website, the proportion of reclaimed water which is sold to business versus the reclaimed water used to irrigate sporting fields and parks and to supply other Council infrastructure such as the Port Macquarie Airport.  However the Council’s website states that the plant currently produces about 1.0 mega litres per day, which is about 5% of the average daily drinking water supplied to the Port Macquarie area.

 

When comparing the pricing of recycled or reclaimed water it is important to understand that there can be very large differences in the cost of processing and distributing that water.

 

Benchmark Pricing for the Use of Recycled Water

 

With the assistance of the Office of Water, some local benchmarks have been obtained in relation to the pricing of recycled water.

 

The reclaimed effluent produced by the Port Macquarie reclaimed water scheme is priced at $1.27 per kilolitre which is about 50% of the potable water charge.  As indicated it is unknown how much of this reclaimed water is sold as opposed to being used as Council facilities.

 

The Port Macquarie Hastings Council supplies reclaimed water from a separate scheme in the Camden Haven to a small estate for only 15c/kl and the Council is also looking at using the water for dust suppression, probably at the same price.  The quality of the Camden Haven treated effluent is lower than the reclaimed water used in Port Macquarie.

 

Coffs Harbour City Council has been supplying recycled water for dust suppression on the highway upgrade at no charge.  They also supply a significant amount of other recycled water at no charge, however they are currently reviewing their policy with a view to what they may charge in the future.  Their current thinking is about 20% of the potable water cost.  Again the quality of this recycled water is not as high as that in Port Macquarie.

 

For many years Council has been supplying recycled water from the Bowraville Sewerage Treatment Plant to a farm which it leases for agricultural production.  Council has not charged for the supply of this recycled water, presumably for the reason that its use in agriculture will provide better environmental, economic and social outcomes than the alternative of allowing the nutrient rich waste water to drain to the Nambucca River.

 

Environmental, Economic & Social Considerations

 

The treated effluent from the Macksville Sewerage Treatment Plant is discharged to the Nambucca River following UV treatment.  The effluent whilst being of a reasonable standard still contains relatively high levels of nutrients.  Land based application whether for agriculture of dust suppression and pavement compaction in highway construction should provide an enhanced environmental outcome.

 

The contract for the construction of the Warrell Creek to Nambucca Heads upgrade of the Pacific Highway is valued at around $800m.  Council’s Manager Business Development has been very proactive in arranging a tendering workshop involving local suppliers and Pacifico so that local suppliers have the best opportunity to secure sub-contracting work on the highway upgrade.  The potential for sub-contracting work to come to local suppliers is many millions of dollars.  By way of reciprocation, being able to provide in-kind or similar non-monetary assistance assists the development of local business relationships.

 

There have already been requests of Pacifico to assist a Council Section 355 Committee of Management (the Hennessey Tape Fields) in the supply of top soil and mulch to the sporting field.  Council has also sought the provision of any surplus concrete to assist in building the footpaths in the Macksville Park precinct as part of the grant funded redevelopment which is currently underway.  As the Company’s presence expands, it is also likely that Pacifico will receive requests from local charities and not for profit organisations for donations.  Again such requests for assistance are supported by reciprocal in-kind or similar non-monetary assistance.

 

Legal

 

Legal advice has not been obtained.  However from discussions with the Office of Water it is known that an approval under Section 60 of the Local Government Act would be required for the use of the recycled water.

 

Enquiries would also need to be made with the EPA as to whether the proposed use of treated effluent would require a change to Council’s EPA licence for the Macksville Treatment Plant.  The EPA licence is load based so the change in use of the effluent may also affect Council’s licence fee.

 

CONSULTATION:

 

There has been consultation with the Office of Water.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental implications are discussed in the report.

 

Social

 

The social implications are discussed in the report.

 

Economic

 

The economic implications are discussed in the report.

 

Risk

 

There is an approval requirement from the Office of Water for the use of recycled water from the Macksville Sewerage Treatment Plant.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.5      SF1541            290115         Planning Proposal Commercial Land Use Zones in Macksville

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to gain Council support for a proposed amendment to the Nambucca LEP 2010. The aim of the amendment is to consolidate existing commercial zones which extend into areas with residential character and also encourage more activity in the town centre by allowing the market to develop areas fringing the CBD for either commercial or residential use.

 

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        Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council endorse the Planning Proposal to support an amendment to the commercial land use zones floor space ratios and minimum lot sizes in Macksville.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.

 

 

OPTIONS:

 

Council may choose not to support the planning proposal or recommend amendments prior to it being forwarded to the Minister.

 

DISCUSSION:

 

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

 

An examination of the existing land use zones has led to the preparation of draft amendment to the Nambucca Local Environmental Plan 2010. The main objectives of the proposed amendment are to:

 

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

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

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

 

The matter was reported to Council in July 2014 and Council resolved the following:

 

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

 

The attached planning proposal provides the full information for the proposed amendment the below information should be considered a summary.

 

Commercial Land Use Audit and Landuse pattern

 

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

 

The results of this land use audit are presented below:

 

 

Over the 6 year period there is not a significant change in a particular land use however it is noted that there is a minor decrease in residential use and minor increases in the food services and general retail.

 

In relation to undeveloped land and vacant land it is unlikely that undeveloped land has increased in the 6 years as shown in the table (unless through subdivision). It is more likely that there may have been inconsistencies with the data collection between the 2008 and 2014 periods, combining the 2 land use categories shows that over all there has been no change between the 2 periods. Nevertheless, observations during the collection period in 2014 highlighted a large number of vacant shops near the Princess St and Mackay St intersection. A number of new shops have since established in this area.

 

There were minor decreases in government services in town, in part due to the loss of Medicare/ Family Assistance office on Cooper St.  There has been a minor increase in human services (such as hairdressers) and food services (such as cafes/ takeway food).

 

The landuse map provided below, demonstrates the extent of residential uses presently located in the B3 Commercial Core zone. The heavy pink outline designates the areas being examined as part of this proposal that are presently B3 Commercial Core zone. As can be seen on this map, the general commercial landuses (yellow shaded) are largely positioned towards the centre of town. The areas on the perimeter of the B3 Commercial Core zone are largely dominated by residential uses (green shade) while fringing areas show a mix of both residential and commercial landuses.

 

Issues resulting from incorrect land zones

 

Conflicting land uses

 

The land use figure demonstrates how the land use zones do not correspond with the existing patterns of development.  Further to this it is unlikely that Macksville would require the commercial growth shown by the B3 Commercial Core that extends into areas largely dominated by residential character.

 

Southern end of Matilda St – zoned commercial but displays residential character

 

Southern end of Princess St – zoned commercial but displays residential character

 

More likely small ad hoc commercial developments may begin to appear in these areas and create conflict with neighbouring residences. In this regard these types of commercial developments would be better directed towards the town centre where they can contribute to activation.

 

Change of Use

 

It is assumed that the estimated 78 dwellings presently located in the commercial zone rely on existing use rights for modifications, additions or extensions. Council may receive a ‘change of use’ application for a commercial development on any of these dwellings which are generally located in areas dominated by residential character and amenity.

 

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

 

Council is encountering this issue at present – a business previously located in Matilda Street has moved into the CBD and the former business premises is for sale. A number of enquiries have been received to use the property for residential purposes however because the property is not zoned residential it cannot be changed back to residential use despite all the surrounding uses being residential.

 

The uncertainty for potential purchasers of a property in this situation could lead to difficulties in marketing and potential pricing variations.

 

The proposed amendments

 

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

 

Specifically this planning proposal will amend the existing B3 Commercial Core zone in certain areas to:

 

-     R1 General Residential;

-     R3 Medium Density Residential; and

-     B4 Mixed Use

 

The proposed zone changes are shown in the following figure.

 

 

To accommodate zone changes there will also be changes to floor space ratios and minimum lot sizes.

 

Floor space ratio and height

 

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

 

At present there is no floor space ratio on areas zoned B3 Commercial Core. The areas to be rezoned residential will be provided with a floor space ratio equivalent to the surrounding floor space ratios in residential areas. The following Floor Space Ratio is proposed:

 

-     B4 Mixed Use – no change or 0.55:1 if flood prone;

-     R3 Medium Density Residential (1:1);

-     R1 General Residential (0.55:1); and

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

 

Areas that are recognised as being flood prone and proposed to be rezoned will be provided with a 0.55:1 floor space ratio. A figure showing the existing and proposed FSR is provided below.

 

Minimum Lot Sizes

 

Land that is to be rezoned to a residential zone will be mapped to include a minimum lot size that is in the same context as the surrounding land. In this regard all land to amendment to residential will be provided with a minimum lot size of 450m2.

 

At present the B3 Commercial Core does not have any minimum lot size, but given the character of the residential, 450m2 is considered reasonable. A figure showing the existing and proposed Minimum Lot Size is provided below.

 

Flood Prone Land

 

A large amount of Macksville is recognised as being potentially impacted by a 1% AEP Flood Event (Nambucca River and Warrell Creek Flood Modelling 2013). The figure on the following pages illustrates the extent of flooding in Macksville during such an event. This figure also shows how the flood modelling will affect allotments subject to this planning proposal.

The flooding figure demonstrates that the some of the areas proposed to be rezoned are identified as being flood prone.  At present these commercial areas benefit from no floor space ratio or minimum lot size provisions and because shop top housing is a permissible use in these areas, residential densities in these areas could be significant if constructed with ground floor shops. This planning proposal will reduce the potential densities available for living in these areas.

 

As such areas proposed to be zoned residential or mixed use and are located on flood prone land will be provided with a floor space ratio of 0.55:1 and a minimum lot size of 450m2. For areas largely developed as residential already, 0.55:1 provides a reasonable density for additions or similar improvements and it is typical of the densities allocated to residential land in other parts of the shire.

 

Of particular note the investigations have identified that:

 

·      Of the flood prone land proposed to be rezoned from B3 Commercial Core to B4 Mixed Use there are 24 lots in total. Of these 13 are residential dwellings and 3 are vacant. In this regard the amendment is largely ensuring the existing development pattern is reflected by the appropriate land use zone, but reducing the potential densities to reflect the flood risk on the properties.

 

·      Of the flood prone land proposed to be rezoned from B3 Commercial Core to R1 General Residential there are 32 total lots of these 26 are existing residential dwellings. In this regard the amendment is reflects the existing development pattern but minimises future potential impacts by ensuring appropriate densities provisions apply to the land.

 

Variations to these proposed development controls through clause 4.6 of the Nambucca LEP 2010 could be considered at development application stage if appropriately justified.

 

It should also be noted that commercial premises are typically permitted to build on ground level with a requirement for storage above the 1:100 flood level. In comparison residential properties are required to construct habitable floor levels above the 1:100 level. Amending the zone to residential has the potential to reduce future damages that may result from a large flood and smaller but more frequent flood events.

 

Existing Uses

 

At present there are few commercial uses presently operating in areas dominated by residential character. Should the changes proceed and areas of B3 Commercial Core be rezoned to Residential zones it is noted that businesses legally operating can continue to do so under Existing Use provisions of the Environmental Planning and Assessment Act 1979. Also the following commercial uses would still be permissible in the residential areas:

 

-     Home occupations;

-     Home Business;

-     Home Industry;

-     Neighbourhood shops;

 

The key objectives of these uses are that they do not interfere with the amenity of the surrounding neighbourhood. This is a more appropriate way to provide business opportunities in areas dominated by residential character and amenity.

 

Changes to Council Rates

 

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

 

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

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

 

Land Values

 

A basic land value comparison has been undertaken to provide an indication of how the proposed changes may impact on potential land value. Using Councils property information system land values have been investigated for land zoned:

 

B3 Commercial Core

R1 General Residential

R3 Medium Density Residential

 

Tables 1 and 2 show differences between land values of nearbye localities that are not flood prone. Table 1 provides values of 8 properties that are presently zoned B3 Commercial Core but are characteristic of a residential neighbourhood and are proposed to be zoned Medium Density Residential with this amendment.

 

Table 2 shows land values of 8 properties on the opposing side of the road from first table that are presently zoned Medium Density Residential and no change is proposed.

 

Although not considered a comprehensive investigation into values it can be demonstrated from this analysis that correctly zoned area (table 2) has a considerably higher average land value of approximately $65/m2

 

 

Table 1 - Values of Properties Presently Zoned B3 Commercial Core (proposed R3 Medium Density)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

863

$76,800

88.99188876

residential

B3

R3

569

$70,000

123.0228471

commerical/ other

B3

R3

853

$76,800

90.03516999

residential

B3

R3

569

$70,000

123.0228471

residential

B3

R3

571

$70,000

122.591944

residential

B3

R3

569

$70,000

123.0228471

residential

B3

R3

853

$76,800

90.03516999

residential

B3

R3

844

$75,200

89.09952607

residential

B3

R3

 

Average

106.22778

 

 

 

 

Table 2 - Values of Existing R3 Medium Density Residential (no change proposed)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

764

$99,100

129.7120419

residential

R3

no change

727

$94,600

130.1237964

Residential

R3

no change

449

$90,000

200.4454343

Residential

R3

no change

417

$81,200

194.7242206

Residential

R3

no change

381

$81,200

213.1233596

residential

R3

no change

512

$90,000

175.78125

residential

R3

no change

490

$85,500

174.4897959

residential

R3

no change

575

$90,000

156.5217391

residential

R3

no change

Average

171.8652047

 

 

Table 3 and 4 below show land value comparisons between land in the B3 Commercial Core but residential in character (Table 3) and actual residential zoned land (Table 4) all lots being identified as flood prone. The tables show that a slightly higher land value in areas correctly zoned. Outlying values in both tables are representative of waterfront properties.

 

 

Table 3 – East Macksville (flood prone) B3 Commercial Core (proposed change R1 General Residential)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

645

79600

123.4108527

Residential

B3

R1

771

181000

234.7600519

Residential

B3

R1

670

70000

104.4776119

Residential

B3

R1

646

79600

123.2198142

Residential

B3

R1

493

67300

136.5111562

residential

B3

R1

Average

144.4758974

 

 

Table 4 – East Macksville (flood prone) R1 General Residential (no change)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

646

80800

125.0773994

residential

R1

R1

636

66500

104.5597484

residential

R1

R1

565

177000

313.2743363

residential

R1

R1

646

80800

125.0773994

residential

R1

R1

645

83600

129.6124031

residential

R1

R1

Average

159.5202573

 

 

It is noted that the Mixed use zone will not remove the right for commercial development, rather it will allow a choice between either commercial or residential. In this regard the proposal is not expected to effect land values of these areas in a negative manner.

 

Further to actual comparison of land values, the uncertainty created by the inconsistent zones and landuses, as well as relying on existing land use provisions may have implications for the marketability of a property that would be difficult to calculate as a monetary value.

 

CONSULTATION:

 

Preliminary Community Consultation

 

Staff recently sent a copy of the draft zone amendments with a letter briefly explaining the changes to all residents affected and the chamber of commerce. Council received one formal submission to the consultation and discussed the matter with a number of residents. From the community consultation the following matters were raised:

 

How will the planning proposal effect land values?

 

Planning Response:

 

An analysis of a number of properties has been undertaken to determine if the planning proposal is likely to effect land values. The results if this analysis are discussed earlier in the proposal. The discussions demonstrate that there is not likely to be an impact to land values.

 

It would be preferred if land on the corner of Partridge and Kane Streets (Scout Hall) did not allow units or flats, because such developments may interfere with the amenity of the area.

 

Planning Response:

 

Should this area be developed for commercial purposes in accordance with the present zoning, the amenity could be not only effected by commercial enterprises and operating requirements but also shop top housing and associated residential flats. It is anticipated that the removal the commercial zoning from this land will result in a less intrusive land use. Further to this a floor space ratio will be applied to this land which will allow development in this area to proceed in a manner that is in character with the surrounding densities.

 

Staff have previously reported to Council the preliminary feedback from the Department of Planning and Environment. This has not been reiterated here however is available within the planning proposal should Council wish to view it.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The planning proposal is focused on the urban environment. Flood risk has been given consideration in the preparation of the proposed amendment.

 

Social

 

The planning proposal will provide land zones and densities that more accurately reflect the character of land. Flood risk has been given consideration in the preparation of the proposed amendment.

 

Economic

 

Potential variations to the value or rates applying to land has been given consideration in the preparation of this proposal.

 

Risk

 

Nil – this report only requests Council consider forwarding the application to the Minister for consideration. Should the proposal be given permission to proceed the proposal will require formal exhibition and re-consideration by Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil the proposal has been prepared in house.

 

Source of fund and any variance to working funds

 

Planning budget if required.

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

1376/2015 - planning proposal January 2015 commercial consolidation

 

  


Ordinary Council Meeting - 29 January 2015

Planning Proposal Commercial Land Use Zones in Macksville

 

Description: Nambucca Valley Logo

 
 


Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Proposal Nambucca LEP Amendment no.  20

Consolidation of Commercial Land in Macksville

 

 

 

 

 

 

 

 

 

 

 

Prepared by:

Development and Environment Section

Nambucca Shire Council

 

Dated: 19 June 2014

 

File: SF1541


Table of Contents

 

 

1.0     Preliminary.. 1

1.1     Context. 1

1.2     Subject Land.. 1

1.3     Current Zoning and Use. 5

1.4     Background.. 10

Part 1      Objectives or Intended outcomes. 20

Part 2      Explanation of Provisions. 20

Part 3      Justification.. 20

Section A – Need for the Planning Proposal. 20

Appendix 1 - State Environmental Planning Policies. 27

Appendix 2 - Section 117 Directions. 28

 

 


Ordinary Council Meeting - 29 January 2015

Planning Proposal Commercial Land Use Zones in Macksville

 

1.0    Preliminary

 

1.1  Context

 

This planning proposal has been drafted in accordance with section 55 of the Environmental Planning and Assessment Act 1979, and ‘A guide to preparing planning proposals’ (DoP, 2012). A gateway determination under Section 56 of the Act is requested.

 

1.2  Subject Land

 

This Planning Proposal applies to the following land:

 

Title

Street address

Location

Lot: B DP: 332788

21 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 332789

19 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 332789

McKay Street

MACKSVILLE NSW 2447

Lot: 2 DP: 332789

17 McKay Street

MACKSVILLE NSW 2447

Lot: 3 DP: 332789

15 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 115868

9 McKay Street

MACKSVILLE NSW 2447

Lot: 6 Sec: 1 DP: 2037

7 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 332439

5 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 347847

5 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 179067

11 McKay Street

MACKSVILLE NSW 2447

Lot: 1 Sec: F DP: 7982

26 McKay Street

MACKSVILLE NSW 2447

Lot: 2 Sec: F DP: 7982

26 McKay Street

MACKSVILLE NSW 2447

Lot: 3 Sec: F DP: 7982

24 McKay Street

MACKSVILLE NSW 2447

Lot: 4 Sec: F DP: 7982

22 McKay Street

MACKSVILLE NSW 2447

Lot: 5 Sec: F DP: 7982

20 McKay Street

MACKSVILLE NSW 2447

Lot: 6 Sec: F DP: 7982

18 McKay Street

MACKSVILLE NSW 2447

Lot: 7 Sec: F DP: 7982

16 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 366623

14 McKay Street

MACKSVILLE NSW 2447

Lot: 10 Sec: F DP: 7982

12 McKay Street

MACKSVILLE NSW 2447

Lot: 11 Sec: F DP: 7982

10 McKay Street

MACKSVILLE NSW 2447

Lot: 12 Sec: F DP: 7982

10 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 931206

33 Wallace Street

MACKSVILLE NSW 2447

Lot: 2 DP: 521119

33 Wallace Street

MACKSVILLE NSW 2447

Lot: 2 DP: 209616

36 Wallace Street

MACKSVILLE NSW 2447

Lot: 2 DP: 331437

38 Wallace Street

MACKSVILLE NSW 2447

Lot: 1 DP: 331437

40 Wallace Street

MACKSVILLE NSW 2447

Lot: 1 Sec: B DP: 12438

20 Princess Street

MACKSVILLE NSW 2447

Lot: 2 Sec: B DP: 12438

22 Princess Street

MACKSVILLE NSW 2447

Lot: C DP: 354076

23A Matilda Street

MACKSVILLE NSW 2447

Lot: 8 DP: 23148

3 Station Street

MACKSVILLE NSW 2447

Lot: 8 Sec: 3 DP: 6750

11 Matilda Street

MACKSVILLE NSW 2447

Lot: 3 Sec: A DP: 12438

3 Matilda Street

MACKSVILLE NSW 2447

Lot: 7 Sec: 3 DP: 6750

9 Matilda Street

MACKSVILLE NSW 2447

Lot: 2 DP: 501119

28 Princess Street

MACKSVILLE NSW 2447

Lot: A DP: 349944

13 Matilda Street

MACKSVILLE NSW 2447

Lot: 2 DP: 23148

32 Princess Street

MACKSVILLE NSW 2447

Lot: 1 DP: 23148

30 Princess Street

MACKSVILLE NSW 2447

Lot: B DP: 349944

15 Matilda Street

MACKSVILLE NSW 2447

Lot: C DP: 349944

17 Matilda Street

MACKSVILLE NSW 2447

Lot: 4 DP: 23148

36A Princess Street

MACKSVILLE NSW 2447

Lot: 3 DP: 23148

34 Princess Street

MACKSVILLE NSW 2447

Lot: 11 Sec: 3 DP: 6750

19 Matilda Street

MACKSVILLE NSW 2447

Lot: 5 DP: 23148

36 Princess Street

MACKSVILLE NSW 2447

Lot: A DP: 354076

21 Matilda Street

MACKSVILLE NSW 2447

Lot: 7 DP: 23148

1 Station Street

MACKSVILLE NSW 2447

Lot: 6 DP: 23148

38 Princess Street

MACKSVILLE NSW 2447

Lot: B DP: 354076

23 Matilda Street

MACKSVILLE NSW 2447

Lot: 1 DP: 320056

23 McKay Street

MACKSVILLE NSW 2447

Lot: A DP: 387232

18 Princess Street

MACKSVILLE NSW 2447

Lot: 1 DP: 209733

35 Princess Street

MACKSVILLE NSW 2447

Lot: 12 DP: 550512

18 Cooper Street

MACKSVILLE NSW 2447

Lot: 5 Sec: D DP: 5358

8 Nambucca Street

MACKSVILLE NSW 2447

Lot: 6 Sec: D DP: 5358

9 Nambucca Street

MACKSVILLE NSW 2447

Lot: 4 Sec: D DP: 5358

7 Nambucca Street

MACKSVILLE NSW 2447

Lot: 3 Sec: D DP: 5358

6 Nambucca Street

MACKSVILLE NSW 2447

Lot: 1 DP: 9387

1A Nambucca Street

MACKSVILLE NSW 2447

Lot: 2 DP: 354321

2 Nambucca Street

MACKSVILLE NSW 2447

Lot: 1 DP: 354321

3 Nambucca Street

MACKSVILLE NSW 2447

Lot: 2 Sec: D DP: 5358

5 Nambucca Street

MACKSVILLE NSW 2447

Lot: 1 Sec: D DP: 5358

4 Nambucca Street

MACKSVILLE NSW 2447

Lot: 121 DP: 620683

Star Street

MACKSVILLE NSW 2447

Lot: 6 DP: 9387

1 Star Street

MACKSVILLE NSW 2447

Lot: 7 DP: 9387

1 Star Street

MACKSVILLE NSW 2447

Lot: 10 DP: 778126

5 Kane Street

MACKSVILLE NSW 2447

Lot: 123 DP: 620683

7 Star Street

MACKSVILLE NSW 2447

Lot: 4 DP: 218220

7 Partridge Street

MACKSVILLE NSW 2447

Lot: 8 DP: 9387

3 Star Street

MACKSVILLE NSW 2447

Lot: 3 DP: 23202

29 Princess Street

MACKSVILLE NSW 2447

Lot: 5 DP: 218220

1 Kane Street

MACKSVILLE NSW 2447

Lot: 9 DP: 9387

3 Star Street

MACKSVILLE NSW 2447

Lot: 2 DP: 23202

29 Princess Street

MACKSVILLE NSW 2447

Lot: 122 DP: 620683

5 Star Street

MACKSVILLE NSW 2447

Lot: 1 DP: 23202

31 Princess Street

MACKSVILLE NSW 2447

Lot: A DP: 421245

33 Princess Street

MACKSVILLE NSW 2447

Lot: 2 DP: 209733

33 Princess Street

MACKSVILLE NSW 2447

Lot: 1 DP: 122835

22 River Street

MACKSVILLE NSW 2447

Lot: 11 DP: 778126

3 Kane Street

MACKSVILLE NSW 2447

Lot: A DP: 347142

23 River Street

MACKSVILLE NSW 2447

Lot: 4 Sec: A DP: 5358

26 River Street

MACKSVILLE NSW 2447

Lot: 5 Sec: A DP: 5358

27 River Street

MACKSVILLE NSW 2447

Lot: 3 Sec: A DP: 5358

25 River Street

MACKSVILLE NSW 2447

Lot: 2 DP: 347143

24 River Street

MACKSVILLE NSW 2447

Lot: 1 DP: 347143

23 River Street

MACKSVILLE NSW 2447

Lot: 152 DP: 708032

22 River Street

MACKSVILLE NSW 2447

Lot: B DP: 347142

24 River Street

MACKSVILLE NSW 2447

Lot: 1 DP: 940677

44 Princess Street

MACKSVILLE NSW 2447

Lot: 1 DP: 963596

13 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 838653

37 Wallace Street

MACKSVILLE NSW 2447

Lot: 41 DP: 834188

5 Matilda Street

MACKSVILLE NSW 2447

Lot: 42 DP: 834188

7 Matilda Street

MACKSVILLE NSW 2447

Lot: 1 DP: 664763

38 Wallace Street

MACKSVILLE NSW 2447

Lot: 4 DP: 665478

McKay Street

MACKSVILLE NSW 2447

Lot: 9 DP: 665479

12 McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 1067743

McKay Street

MACKSVILLE NSW 2447

Lot: 1 DP: 1080984

5 McKay Street

MACKSVILLE NSW 2447

Lot: 10 DP: 1081007

11 McKay Street

MACKSVILLE NSW 2447

Lot: 10 DP: 1106510

24-26 Princess Street

MACKSVILLE NSW 2447

Lot: 2 DP: 9387

1 Nambucca Street

MACKSVILLE NSW 2447

Lot: 3 DP: 660303

1 Nambucca Street

MACKSVILLE NSW 2447

 

 

1.3  Current Zoning and Use

 

The following table identifies the current zone and land use of each parcel. The following figure provide an existing land  zoning map. The map shows the areas subject to amendments in this planning proposal (outlined in pink).It is noted that the landuses are based on data collected in mid 2014.

 

Title

Street Address

Zone

Current Landuse

Lot: B DP: 332788

21 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 332789

19 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 332789

McKay Street

B3 Commercial Core

Residential

Lot: 2 DP: 332789

17 McKay Street

B3 Commercial Core

Residential

Lot: 3 DP: 332789

15 McKay Street

B3 Commercial Core

Vacant

Lot: 1 DP: 115868

9 McKay Street

B3 Commercial Core

Professional Services

Lot: 6 Sec: 1 DP: 2037

7 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 332439

5 McKay Street

B3 Commercial Core

Retail

Lot: 1 DP: 347847

5 McKay Street

B3 Commercial Core

Carpark

Lot: 1 DP: 179067

11 McKay Street

B3 Commercial Core

Residential

Lot: 1 Sec: F DP: 7982

26 McKay Street

B3 Commercial Core

Residential

Lot: 2 Sec: F DP: 7982

26 McKay Street

B3 Commercial Core

Residential

Lot: 3 Sec: F DP: 7982

24 McKay Street

B3 Commercial Core

Residential

Lot: 4 Sec: F DP: 7982

22 McKay Street

B3 Commercial Core

Residential

Lot: 5 Sec: F DP: 7982

20 McKay Street

B3 Commercial Core

Residential

Lot: 6 Sec: F DP: 7982

18 McKay Street

B3 Commercial Core

Residential

Lot: 7 Sec: F DP: 7982

16 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 366623

14 McKay Street

B3 Commercial Core

Residential

Lot: 10 Sec: F DP: 7982

12 McKay Street

B3 Commercial Core

Residential

Lot: 11 Sec: F DP: 7982

10 McKay Street

B3 Commercial Core

Residential

Lot: 12 Sec: F DP: 7982

10 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 931206

33 Wallace Street

B3 Commercial Core

Church

Lot: 2 DP: 521119

33 Wallace Street

B3 Commercial Core

Retail

Lot: 2 DP: 209616

36 Wallace Street

B3 Commercial Core

Medical Services

Lot: 2 DP: 331437

38 Wallace Street

B3 Commercial Core

Retail

Lot: 1 DP: 331437

40 Wallace Street

B3 Commercial Core

Human Services

Lot: 1 Sec: B DP: 12438

20 Princess Street

B3 Commercial Core

Residential

Lot: 2 Sec: B DP: 12438

22 Princess Street

B3 Commercial Core

Community Services

Lot: C DP: 354076

23A Matilda Street

B3 Commercial Core

Residential

Lot: 8 DP: 23148

3 Station Street

B3 Commercial Core

Residential

Lot: 8 Sec: 3 DP: 6750

11 Matilda Street

B3 Commercial Core

Residential

Lot: 3 Sec: A DP: 12438

3 Matilda Street

B3 Commercial Core

Professional Services

Lot: 7 Sec: 3 DP: 6750

9 Matilda Street

B3 Commercial Core

Residential

Lot: 2 DP: 501119

28 Princess Street

B3 Commercial Core

Residential

Lot: A DP: 349944

13 Matilda Street

B3 Commercial Core

Residential

Lot: 2 DP: 23148

32 Princess Street

B3 Commercial Core

Residential

Lot: 1 DP: 23148

30 Princess Street

B3 Commercial Core

Residential

Lot: B DP: 349944

15 Matilda Street

B3 Commercial Core

Residential

Lot: C DP: 349944

17 Matilda Street

B3 Commercial Core

Medical Services

Lot: 4 DP: 23148

36A Princess Street

B3 Commercial Core

Residential

Lot: 3 DP: 23148

34 Princess Street

B3 Commercial Core

Residential

Lot: 11 Sec: 3 DP: 6750

19 Matilda Street

B3 Commercial Core

Residential

Lot: 5 DP: 23148

36 Princess Street

B3 Commercial Core

Residential

Lot: A DP: 354076

21 Matilda Street

B3 Commercial Core

Residential

Lot: 7 DP: 23148

1 Station Street

B3 Commercial Core

Residential

Lot: 6 DP: 23148

38 Princess Street

B3 Commercial Core

Residential

Lot: B DP: 354076

23 Matilda Street

B3 Commercial Core

Residential

Lot: 1 DP: 320056

23 McKay Street

B3 Commercial Core

Residential

Lot: A DP: 387232

18 Princess Street

B3 Commercial Core

Residential

Lot: 1 DP: 209733

35 Princess Street

B3 Commercial Core

Professional Services

Lot: 12 DP: 550512

18 Cooper Street

B3 Commercial Core

Motor Vehicle Service/ Sale

Lot: 5 Sec: D DP: 5358

8 Nambucca Street

B3 Commercial Core

Association

Lot: 6 Sec: D DP: 5358

9 Nambucca Street

B3 Commercial Core

Residential

Lot: 4 Sec: D DP: 5358

7 Nambucca Street

B3 Commercial Core

Residential

Lot: 3 Sec: D DP: 5358

6 Nambucca Street

B3 Commercial Core

Residential

Lot: 1 DP: 9387

1A Nambucca Street

B3 Commercial Core

Residential

Lot: 2 DP: 354321

2 Nambucca Street

B3 Commercial Core

Residential

Lot: 1 DP: 354321

3 Nambucca Street

B3 Commercial Core

Residential

Lot: 2 Sec: D DP: 5358

5 Nambucca Street

B3 Commercial Core

Residential

Lot: 1 Sec: D DP: 5358

4 Nambucca Street

B3 Commercial Core

Residential

Lot: 121 DP: 620683

Star Street

B3 Commercial Core

Access

Lot: 6 DP: 9387

1 Star Street

B3 Commercial Core

Residential

Lot: 7 DP: 9387

1 Star Street

B3 Commercial Core

Residential

Lot: 10 DP: 778126

5 Kane Street

B3 Commercial Core

Undeveloped

Lot: 123 DP: 620683

7 Star Street

B3 Commercial Core

Medical Services

Lot: 4 DP: 218220

7 Partridge Street

B3 Commercial Core

Undeveloped

Lot: 8 DP: 9387

3 Star Street

B3 Commercial Core

Residential

Lot: 3 DP: 23202

29 Princess Street

B3 Commercial Core

Motor Vehicle Service/ Sale

Lot: 5 DP: 218220

1 Kane Street

B3 Commercial Core

Association

Lot: 9 DP: 9387

3 Star Street

B3 Commercial Core

Residential

Lot: 2 DP: 23202

29 Princess Street

B3 Commercial Core

Motor Vehicle Service/ Sale

Lot: 122 DP: 620683

5 Star Street

B3 Commercial Core

Residential

Lot: 1 DP: 23202

31 Princess Street

B3 Commercial Core

Association

Lot: A DP: 421245

33 Princess Street

B3 Commercial Core

Medical Services

Lot: 2 DP: 209733

33 Princess Street

B3 Commercial Core

Medical Services

Lot: 1 DP: 122835

22 River Street

B3 Commercial Core

Undeveloped

Lot: 11 DP: 778126

3 Kane Street

B3 Commercial Core

Residential

Lot: A DP: 347142

23 River Street

B3 Commercial Core

Residential

Lot: 4 Sec: A DP: 5358

26 River Street

B3 Commercial Core

Residential

Lot: 5 Sec: A DP: 5358

27 River Street

B3 Commercial Core

Medical Services

Lot: 3 Sec: A DP: 5358

25 River Street

B3 Commercial Core

Residential

Lot: 2 DP: 347143

24 River Street

B3 Commercial Core

Residential

Lot: 1 DP: 347143

23 River Street

B3 Commercial Core

Government

Lot: 152 DP: 708032

22 River Street

B3 Commercial Core

Residential

Lot: B DP: 347142

24 River Street

B3 Commercial Core

Education

Lot: 1 DP: 940677

44 Princess Street

B3 Commercial Core

Residential

Lot: 1 DP: 963596

13 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 838653

37 Wallace Street

B3 Commercial Core

Medical Services

Lot: 41 DP: 834188

5 Matilda Street

B3 Commercial Core

Carpark

Lot: 42 DP: 834188

7 Matilda Street

B3 Commercial Core

Residential

Lot: 1 DP: 664763

38 Wallace Street

B3 Commercial Core

Residential

Lot: 4 DP: 665478

McKay Street

B3 Commercial Core

Retail

Lot: 9 DP: 665479

12 McKay Street

B3 Commercial Core

Residential

Lot: 1 DP: 1067743

McKay Street

B3 Commercial Core

Accommodation

Lot: 1 DP: 1080984

5 McKay Street

B3 Commercial Core

Residential

Lot: 10 DP: 1081007

11 McKay Street

B3 Commercial Core

Residential

Lot: 10 DP: 1106510

24-26 Princess Street

B3 Commercial Core

Residential

Lot: 2 DP: 9387

1 Nambucca Street

B3 Commercial Core

Residential

Lot: 3 DP: 660303

1 Nambucca Street

B3 Commercial Core

Vacant

 

 

 

 

 

 

Description: Macksville Existing Zones

 

 

1.4  Background

 

Introduction

 

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

 

·      Macksville observations and opportunities reporting;

·      Macksville Town Centre Revitalisation Planning;

·      Macksville Town Strategic Economic Market forum;

·      Examination of Land Use planning.

 

An examination of the existing land use zones has led to the preparation of this planning proposal. The main objectives of this proposal is to:

 

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

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

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

 

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

 

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

 

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

 

Description: http://www.nambucca.nsw.gov.au/bps/Open/2014/CO_27032014_AGN_AT_files/image067.gif

 

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

 

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

 

This planning proposal represents the proposed amendments for Macksville. To justify the proposal and ensure that there are no significant environmental, social or economic impacts associated with the proposal site attributes and constraints on the land have been examined. The following briefly describes the methodology used.

 

Commercial Land Use Audit and Landuse pattern

 

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

 

The results of this land use audit are presented below:

 

 

Over the 6 year period there is not a significant change in a particular land use however it is noted that there is a minor decrease in residential use and minor increases in the food services and general retail.

 

In relation to undeveloped land and vacant land it is unlikely that undeveloped land has increased in the 6 years (unless through subdivision), it is more likely that there may have been inconsistencies with the data collection between the 2008 and 2014 periods, combining the 2 land use categories shows that over all there has been no change between the 2 periods. Nevertheless, observations during the collection period in 2014 highlighted a large number of vacant shops near the Princess St and Mackay St intersection. A number of new shops have since established in this area.

 

There were minor decreases in government services in town, in part due to the loss of Medicare/ Family Assistance office on Cooper St.  There has been a minor increase in human services (such as hairdressers) and food services (such as cafes/ takeway food).

 

The landuse map provided below, demonstrates the extent of residential uses presently located in the B3 Commercial Core zone. The heavy pink outline designates the existing B3 Commercial Core zone. As can be seen on this map, the general commercial landuses (yellow shaded) are largely positioned towards the centre of town. The areas on the perimeter of the B3 Commercial Core zone are largely dominated by residential uses (green shade) while fringing areas show a mix of both residential and commercial landuses.

 

Description: macksville land use audit 2014

 

 

 

 

Issues resulting from incorrect land zones

 

Conflicting land uses

 

The land use figure demonstrates how the land use zones do not correspond with the existing patterns of development.  Further to this it is unlikely that Macksville would require the commercial growth shown by the B3 Commercial Core that extends into areas largely dominated by residential character.

 

Description: 2015-01-12 15

Southern end of Matilda St – zoned commercial but displays residential character

 

Description: 2015-01-12 15

Southern end of Princess St – zoned commercial but displays residential character

 

More likely small ad hoc commercial developments may begin to appear in these areas and create conflict with neighbouring residences. In this regard these types of commercial developments would be better directed towards the town centre where they can contribute to activation.

 

Change of Use

 

It is  assumed that the estimated 78 dwellings presently located in the commercial zone rely on existing use rights for modifications, additions or extensions. Council may receive a ‘change of use’ application for a commercial use for one of these dwellings which are generally located in areas dominated by residential character and amenity.

 

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

 

Council is encountering this issue at present – a business previously located in Matilda Street has moved into the CBD and the former business premises is for sale. A number of enquiries have been received to use the property for residential purposes however because the property is not zoned residential it cannot be changed back to residential use despite all the surrounding uses being residential.

 

The uncertainty for potential purchasers of a property in this situation could lead to difficulties in marketing and potential pricing variations.

 

The proposed amendments

 

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

 

Specifically this planning proposal will amend the existing B3 Commercial Core zone in certain areas to:

 

-     R1 General Residential;

-     R3 Medium Density Residential; and

-     B4 Mixed Use

 

The proposed zone changes are shown in the following figure.

 

 

Description: macksville proposed zones

 

 

 

To accommodate zone changes there will also be changes to floor space ratios and minimum lot sizes.

 

At present there is no flood space ratio on commercial zoned land in Macksville. The floor space ratio changes will retain consistency with surrounding floor space ratios, except in areas that a recognised as being flood prone. In the flood areas the floor space ratio will be reduced, to minimise potential future impacts.  The following figure illustrates the proposed changes to the floor space ratios.

 

Description: macksville existing and proposed fsr

 

The following figure illustrates changes to the proposed minimum lot sizes.

 

Description: macksville existing and proposed minimum lot size

 

Implications of the proposed changes

 

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

 

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

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

-     Increase the potential for activation of the Town Centre;

 

Minimum Lot Sizes

 

Land that is to be rezoned to a residential zone will be mapped to include a minimum lot size that is in the same context as the surrounding land. In this regard all land to amendment to residential will be provided with a minimum lot size of 450m2.

 

At present the B3 Commercial Core does not have any minimum lot size, but given the character of the residential areas being considered, 450m2 is considered reasonable.

 

Floor space ratio and height

 

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

 

At present there is no floor space ratio on areas zoned B3 Commercial Core. The areas to be rezoned residential will be provided with a floor space ratio equivalent to the surrounding floor space ratios in residential areas. The following Floor Space Ratio is proposed except in areas that are recognised as being flood prone:

 

-     B4 Mixed Use – no change;

-     R3 Medium Density Residential (1:1);

-     R1 General Residential (0.55:1); and

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

 

Areas that are recognised as being flood prone and proposed to be rezoned will be provided with a reduced floor space ratio.

 

Flood Prone Land

 

A large amount of Macksville is recognised as being potentially impacted by a 1% AEP Flood Event (Nambucca River and Warrell Creek Flood Modelling 2013). The following figure illustrates the extent of flooding in Macksville during such an event. This figure also shows how the flood modelling will affect allotments subject to this planning proposal.

 

Description: macksville flood modelling and proposed zones

The figure demonstrates that the some of the areas proposed to be rezoned are identified as being flood prone.  At present these commercial areas benefit from no floor space ratio or minimum lot size provisions and because shop top housing is a permissible use in these areas, residential densities in these areas could be significant if constructed with ground floor shops. This planning proposal will reduce the potential densities available for living in these areas.

 

As such areas proposed to be zoned residential or mixed use and are located on flood prone land will be provided with a floor space ratio of 0.55:1 and a minimum lot size of 450m2. For areas largely developed as residential already, 0.55:1 provides a reasonable density for additions or similar improvements and it is typical of the densities allocated to residential land in other parts of the shire.

 

Variations to these proposed development controls through clause 4.6 of the Nambucca LEP 2010 could be considered at development application stage if appropriately justified.

 

It should also be noted that commercial premises are typically permitted to build on ground level with a requirement for storage above the 1:100 flood level. In comparison residential properties are required to construct habitable floor levels above the 1:100 level. Amending the zone to residential has the potential to reduce future damages that may result from a flood.

 

Existing Uses

 

At present there are few commercial uses presently operating in areas dominated by residential character. Should the changes proceed and areas of B3 Commercial Core be rezoned to Residential zones it is noted that businesses legally operating can continue to do so under Existing Use provisions of the Environmental Planning and Assessment Act 1979. Also the following commercial uses would still be permissible in the residential areas:

 

-     Home occupations;

-     Home Business;

-     Home Industry;

-     Neighbourhood shops;

 

The key objectives of these uses are that they do not interfere with the amenity of the surrounding neighbourhood. This is a more appropriate way to provide business opportunities in areas dominated by residential character and amenity.

 

Changes to Council Rates

 

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

 

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

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

 

Land Values

 

A basic land value comparison has been undertaken to provide an indication of how the proposed changes may impact on potential land value. Using Councils property information system land values have been investigated for land zoned:

 

B3 Commercial Core

R1 General Residential

R3 Medium Density Residential

 

Tables 1 and 2 show differences between land values of nearbye localities that are not flood prone. Table 1 provides values of 8 properties that are presently zoned B3 Commercial Core but are characteristic of a residential neighbourhood and are proposed to be zoned Medium Density Residential with this amendment.

 

Table 2 shows land values of 8 properties on the opposing side of the road from first table that are presently zoned Medium Density Residential and no change is proposed.

 

Although not considered a comprehensive investigation into values it can be demonstrated from this analysis that correctly zoned area (table 2) has a considerably higher average land value of approximately $65/m2

 

Table 1 - Values of Properties Presently Zoned B3 Commercial Core (proposed R3 Medium Density)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

863

$76,800

88.99188876

Residential

B3

R3

569

$70,000

123.0228471

commerical/ other

B3

R3

853

$76,800

90.03516999

residential

B3

R3

569

$70,000

123.0228471

residential

B3

R3

571

$70,000

122.591944

residential

B3

R3

569

$70,000

123.0228471

residential

B3

R3

853

$76,800

90.03516999

residential

B3

R3

844

$75,200

89.09952607

Residential

B3

R3

 

Average

106.22778

 

 

 

 

Table 2 - Values of Existing R3 Medium Density Residential (no change proposed)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

764

$99,100

129.7120419

residential

R3

no change

727

$94,600

130.1237964

Residential

R3

no change

449

$90,000

200.4454343

Residential

R3

no change

417

$81,200

194.7242206

Residential

R3

no change

381

$81,200

213.1233596

residential

R3

no change

512

$90,000

175.78125

residential

R3

no change

490

$85,500

174.4897959

residential

R3

no change

575

$90,000

156.5217391

residential

R3

no change

Average

171.8652047

 

 

Table 3 and 4 below show land value comparisons between land in the B3 Commercial Core but residential in character (Table 3) and actual residential zoned land (Table 4) all lots being identified as flood prone. The tables show that a slightly higher land value in areas correctly zoned. Outlying values in both tables are representative of waterfront properties.

 

 

Table 3 – East Macksville (flood prone) B3 Commercial Core (proposed change R1 General Residential)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

645

79600

123.4108527

Residential

B3

R1

771

181000

234.7600519

Residential

B3

R1

670

70000

104.4776119

Residential

B3

R1

646

79600

123.2198142

Residential

B3

R1

493

67300

136.5111562

residential

B3

R1

Average

144.4758974

 

 

Table 4 – East Macksville (flood prone) R1 General Residential (no change)

Lot size (m2)

Land Value

Value/ m2

Existing use

Existing Zone

Proposed Zone

646

80800

125.0773994

residential

R1

R1

636

66500

104.5597484

residential

R1

R1

565

177000

313.2743363

residential

R1

R1

646

80800

125.0773994

residential

R1

R1

645

83600

129.6124031

residential

R1

R1

Average

159.5202573

 

It is noted that the Mixed use zone will not remove the right for commercial development, rather it will allow a choice between either commercial or residential. In this regard the proposal is not expected to effect land values of these areas in a negative manner.

 

Further to actual comparison of land values, the uncertainty created by the inconsistent zones and landuses, as well as relying on existing land use provisions may have implications for the marketability of a property and hence the property value.

 

Part 1    Objectives or Intended outcomes

 

The primary objective of this LEP amendment is to achieve the zone, floor space ratio and lot size changes described below:

 

-     Rezone land in Macksville from B3 Commercial Core to R1 General Residential;

-     Rezone land in Macksville from B3 Commercial Core to R3 Medium Density Residential;

-     Rezone land in Macksville from B3 Commercial Core to B4 Mixed Use;

-     Provide a Floor Space Ratio of 0.55:1 to land to be rezoned General Residential or Mixed Use

-     Provide an Floor Space Ratio of 1:1 for areas zoned R3 Medium Density Residential

-     Provide a minimum lot size to land to be rezoned to residential or mixed use.

 

Part 2    Explanation of Provisions

 

The objectives of the LEP amendment will be achieved by amending the land zoning maps; the floor space ratio maps and the minimum lot size maps as they relate to Macksville.

 

Part 3    Justification

 

 

Section A – Need for the Planning Proposal

 

1        Is the Planning Proposal the Result of any Strategic study or Report?

 

A review of the land use zones for Macksville has been identified as an action in Council’s ‘Macksville observations and opportunities report’. The intention of the action is to assist the town to prepare for change with the impending Highway Bypass.

 

2        Is the planning proposal the best means of achieving the objectives or intended outcomes or is there a better way?

 

Yes. There is no other way of providing the amendments.  

 

3        Is the planning proposal consistent with the objects and actions of the applicable regional or subregional strategy?

 

The Mid North Coast Regional Strategy states that ‘Local environmental plans will ensure that sufficient lands which are zoned industrial and business and currently vacant are protected to accommodate the new jobs required for each local government area until 2031.’

 

This proposal will amend the B3 Commercial Core to B4 Mixed Use on three (3) Vacant Lots on the corner of Partridge and Kane Streets. These lots will have the potential to be used for residential in preference to commercial activities however as it will be zoned Mixed Use either land use will be permissible and the market can determine the future of this land (total 2518m2). Should it be developed for residential purposes, this is considered a minor potential loss of commercial zoned land.

 

It is not expected that the planning proposal will have a significant impact of the future floor space available for commercial developments in the shire given, there are a number of vacant premises and undeveloped properties still available for the market. The availability of land combined with the generous floor space ratios, height limits and minimum lot sizes within the Nambucca LEP 2010, allow for adequate growth and employment generating activities within the retained commercial areas.

           

4        Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other strategic plan?

 

Councils Community Strategic Plan identifies the following strategic action. This proposed amendment is considered to be consistent with the objective of the action.

 

 

5        if the provisions of the planning proposal include the extinguishment of any interests in the land, an explanation of the reasons why the interests are proposed to be extinguished.

 

The planning proposal will not extinguish any interests an land.

 

6       The concurrence of the landowner, where the land is not owned by the relevant planning authority

 

Some preliminary consultation has been undertaken with the community in regards to the proposed changes. Further consultation will need to be undertaken during the exhibition period.

 

7        Is the planning proposal consistent with applicable state environmental polices?

 

Yes. Applicable SEPP’s are addressed in following parts of this proposal.

 

8        Is the planning proposal consistent with relevant ministerial directions (117 directions)?

 

Yes. Applicable 117 directions are addressed in following parts of this proposal.

 

9        Is there any likelihood that critical habitat or threatened species population or ecological communities or their habitats will be adversely affected as a result of this proposal?

 

No, this planning proposal relates to urban land, no critical habitat, threatened species populations or ecological communities or their habitats will be adversely impacted by this planning proposal.

         

10      Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

 

There should be no direct environmental effects associated with the proposed LEP amendment.

         

11      Has the planning proposal adequately addressed any social and economic effects?

 

The planning proposal is expected to provide a number of social and economic benefits including:

 

-     Consolidation of commercial activity into the town centre, improving activation of the centre

-     Reducing land use conflicts in areas dominated by residential character;

-     Reducing potential impacts that may result from large flood events by minimising potential densities in flood prone areas;      

 

12      Is there adequate public infrastructure for the planning proposal?

 

Yes. All areas are currently serviced and redirecting commercial activity into the town centre makes businesses more accessible to public parking areas in Star Street and Winifred Street.

 

13      What are the views of the relevant state and commonwealth authorities consulted in accordance with the gateway determination?

 

A gateway determination is yet to be received.

 

Part 4   Community Consultation

 

The planning proposal is not considered to be a low impact proposal in accordance with Section 4.5 of ‘A guide to preparing local environmental plans’. As such it is intended that exhibition period for the planning proposal will be a minimum of 28 days and the exhibition will be undertaken in accordance with Section 4.5 of ‘A guide to preparing local environmental plans’.

 

Preliminary consultations have been undertaken with landholders and the Department of Planning details of these consultations are provided below:

 

Preliminary Community Consultation

 

Staff recently sent a copy of the draft zone amendments with a letter briefly explaining the changes to all residents affected and the chamber of commerce. Council received one formal submission to the consultation and discussed the matter with a number of residents. From the community consultation the following matters were raised:

 

How will the planning proposal effect land values?

 

Planning Response:

 

An analysis of a number of properties has been undertaken to determine if the planning proposal is likely to effect land values. The results if this analysis are discussed earlier in the proposal. The discussions demonstrate that there is not likely to be an impact to land values.

 

It would be preferred if land on the corner of Partridge and Kane Streets (Scout Hall) did not allow units or flats, because such developments may interfere with the amenity of the area.

 

Planning Response:

 

Should this area be developed for commercial purposes in accordance with the present zoning, the amenity could be not only effected by commercial enterprises and operating requirements but also shop top housing and associated residential flats. It is anticipated that the removal the commercial zoning from this land will result in a less intrusive land use. Further to this a floor space ratio will be applied to this land which will allow development in this area to proceed in a manner that is in character with the surrounding densities. 

 

Preliminary Feedback from the Department of Planning and Environment

 

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

 

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

 

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

 

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

 

Council Staff response:

 

It is noted the B3 Commercial Core areas are not presently restricted by a Floor Space Ratio and have generous height limits to achieve increases in density. Two (2) undeveloped  land parcels will be retained in the commercial core zone to provide for some future growth. Driving the commercial activity back into the centre may contribute to a reduction to shop vacancy rates. Additional demand for growth could then be accommodated through future amendments as necessary.

 

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

 

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

 

Council Staff response:

 

Agreed, the commercial areas immediately adjoining the industrial area will be retained, prior to consulting with landholders the draft maps were amended. These changes are reflected in this planning proposal.

 

Section 117 Directions - The S117 Directions which will be most applicable to this proposal are;

 

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

 

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

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

 

Council staff response:

 

117 Directions have been addressed in detail within this planning proposal.

 

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

 

Council staff response:

 

Yes a minimum lot size has been applied in the context of the surrounding land and included as part of this amendment.


Appendix 1 - State Environmental Planning Policies

 

All State Environmental Planning Policies (SEPP) have been considered in the preparation of the planning proposal, however none are directly applicable to this planning proposal.

 

·              State Environmental Planning Policy No 32—Urban Consolidation (Redevelopment of Urban Land)

 

 (1)  This Policy aims:

(a)  to promote the orderly and economic use and development of land by enabling urban land which is no longer required for the purpose for which it is currently zoned or used to be redeveloped for multi-unit housing and related development, and

(b)  to implement a policy of urban consolidation which will promote the social and economic welfare of the State and a better environment by enabling:

(i)  the location of housing in areas where there are existing public infra-structure, transport and community facilities, and

(ii)  increased opportunities for people to live in a locality which is close to employment, leisure and other opportunities, and

(iii)  the reduction in the rate at which land is released for development on the fringe of existing urban areas.

(2)  The objectives of this Policy are:

(a)  to ensure that urban land suitable for multi-unit housing and related development is made available for that development in a timely manner, and

(b)  to ensure that any redevelopment of urban land for multi-unit housing and related development will result in:

(i)  an increase in the availability of housing within a particular locality, or

(ii)  a greater diversity of housing types within a particular locality to meet the demand generated by changing demographic and household needs, and

(c)  to specify:

(i)  the criteria which will be applied by the Minister to determine whether the redevelopment of particular urban land sites is of significance for environmental planning for a particular region, and

(ii)  the special considerations to be applied to the determination of development applications for multi-unit housing and related development on sites of such significance.

 

Section 7 of this SEPP indicates that when preparing an environmental planning instrument relating to urban land the aims and objectives of this policy to fullest extent possible.

 

The changes proposed through this amendment are considered consistent with the aims and objectives of this SEPP. Rather providing for the redevelopment of Urban land this proposal is focused on ensuring that the appropriate zones are applied to the existing land use patterns.

 

·              State Environmental Planning Policy No 71 – Coastal Protection

 

The object of this policy is to provide for the protection and management of sensitive and significant areas within the coastal zone. The land being considered within this planning proposal is located within the coastal zone. Therefore, in preparing the final LEP, Council must consider the natural, cultural, recreational and economic attributes of land within the coastal zone to ensure that public access to foreshore areas, Aboriginal heritage, visual amenity, coastal flora and fauna, coastal processes and cumulative impacts are addressed.

 

The land is located within the Coastal Zone nevertheless it does not have direct access to the Coast. Responses to clause 8 matters associated with this proposal are presented below.

 

(a) the aims of this Policy set out in clause 2,

 

The planning proposal amending the land zone, floor space ratio and minimum lots sizes on existing commercial zoned land. This process would not be inconsistent with aims of the policy.

 

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

 

The land does not provide any access to the coastal foreshore.

 

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

 

The land does not lend itself to foreshore access.

 

(d) the suitability of development given its type, location and design and its relationship with the surrounding area,

 

The intent of this planning proposal is largely to ensure that permissible land uses more accurately reflect the existing pattern of development.

 

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

 

The land does not adjoin coastal foreshore, this part is not applicable.

 

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

 

Any future development on the land is unlikely to impact on the scenic qualities of the NSW Coast.

 

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

 

The land is generally urban in nature and it is unlikely that future development will have a detrimental impact on any threatened species, populations or their habitats.

 

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

 

The land is general urban and it is unlikely that future development will have a detrimental impact on any threatened species, populations or their habitats.

 

(i) existing wildlife corridors and the impact of development on these corridors,

 

The land is presently urban, reduction in densities within the subject land would provide greater potential to achieve deep soil zones and landscaping that may contribute to the ability of wildlife to traverse the urban landscape. 

 

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

 

Nil

 

(k) measures to reduce the potential for conflict between land-based and water-based coastal activities

 

Nil

 

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

 

The land is urban in character and no known heritage items or places are known to be present.

 

(m) likely impacts of development on the water quality of coastal waterbodies,

 

Nil

 

(n) the conservation and preservation of items of heritage, archaeological or historic significance,

 

The land is urban in character and no known heritage items or places are known to be present.

 

(o) only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

 

This proposal is aimed at ensure the appropriate land use zones are applied within the Macksville town.

 

(p) only in cases in which a development application in relation to proposed development is determined:

 

(i) the cumulative impacts of the proposed development on the environment, and

 

This is proposal is not related to an individual development.

 

(ii) measures to ensure that water and energy usage by the proposed development is efficient.

 

Future development of the site will comply with appropriate Australian standards and other relevant development controls or requirements.

 

Note. Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Government Coastal Policy (as defined in that clause) to be taken into consideration by a consent authority when determining development applications in the local government areas identified in that clause or on land to which the Government Coastal Policy applies.

 

 

 


Appendix 2 - Section 117 Directions

 

 

All of the ministers section 117 directions under Environmental Planning and Assessment Act 1979 have been considered during the preparation of this planning proposal.  The follow review provides a response to each.

 

1        Employment and Resources

 

Direction 1.1         Business and Industrial Zones

 

The objectives of this direction are to:

 

a        encourage employment growth in suitable locations,

b        protect employment land in business and industrial zones, and

c        support the viability of identified strategic centres.

 

This direction applies when a council prepares a draft LEP that affects land within an existing or proposed business or industrial zone (including the alteration of any existing business or industrial zone boundary). 

 

A draft LEP shall:

 

a        give effect to the objectives of this direction,

b        retain the areas and locations of existing business and industrial zones,

c          not reduce the total potential floor space area for employment uses and related public services in business zones,

d        not reduce the total potential floor space area for industrial uses in industrial zones, and

e          ensure that proposed new employment areas are in accordance with a strategy that is approved by the Director-General of the Department of Planning.

 

The planning proposal will result in a reduction of the availability B3 Commercial Core zoned land. However, the proposal aims to reflect the existing land use pattern and maintain the character of residential neighbourhoods. It is unlikely that areas being rezoned to residential as part of this amendment would suit larger scale commercial developments due to amenity impacts of these neighbourhoods. As stated in the body of this report these areas would be more suited to small scale commercial enterprises such as those permissible by neighbourhood shops, home occupations, home industries and home business. Driving the core commercial activity back into the centre may contribute to a reduction to shop vacancy rates.

 

The B3 Commercial Core areas are not presently restricted by a Floor Space Ratio and have generous height limits to achieve increases in density. Two (2) undeveloped land parcels will be retained in the commercial core zone to provide for some future growth. Additional demand for growth could then be accommodated through future amendments as necessary

 

The planning proposal is considered a minor inconsistency to this direction.

 

Direction 1.2         Rural Zones

 

Not applicable.

 

Direction 1.3         Mining, Petroleum Production and Extractive Industries

 

Not applicable

 

Direction 1.4         Oyster Aquaculture

 

Not applicable

 

Direction 1.5         Rural Lands

 

Not applicable

 

2        Environment and Heritage

 

Direction 2.1         Environment Protection Zones

 

Not applicable

 

Direction 2.2         Coastal Protection

 

The objective of this direction is to implement the principles in the NSW Coastal Policy.

This direction applies to the coastal zone, as defined in the Coastal Protection Act 1979.

 

This direction applies when a council prepares a draft LEP that applies to land in the coastal zone.

 

A draft LEP shall include provisions that give effect to and are consistent with:

 

a        the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, and

b        the Coastal Design Guidelines 2003, and

c          the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).

 

The comments and considerations given to clause 8 matters within SEPP 71 Coastal Protection cover the relevant provisions of the NSW Coastal Policy, coastal design guidelines and other documentation. No further consideration of these matters is necessary in this part.

 

Direction 2.3         Heritage Conservation

 

Not applicable

 

3        Housing, Infrastructure and Urban Development

 

Direction 3.1         Residential Zones

 

The objectives of this direction are:

 

a          to encourage a variety and choice of housing types to provide for existing and future housing needs,

b          to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and

c        to minimise the impact of residential development on the environment and resource lands.

 

This direction applies when a council prepares a draft LEP that affects land within:

 

a          an existing or proposed residential zone (including the alteration of any existing residential zone boundary),

b          any other zone in which significant residential development is permitted or proposed to be permitted.

 

A draft LEP shall include provisions that encourage the provision of housing that will:

 

a        broaden the choice of building types and locations available in the housing market, and

b        make more efficient use of existing infrastructure and services, and

c          reduce the consumption of land for housing and associated urban development on the urban fringe, and

d        be of good design.

 

A draft LEP shall, in relation to land to which this direction applies:

 

a          contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and

b        not contain provisions which will reduce the permissible residential density of land.

 

This direction is not applicable as the land is not zoned residential nor is it proposed to zone the land residential.

 

3.2 Caravan Parks and Manufactured Home Estates

 

This planning proposal does not effect a manufactured home estate or caravan and as such is not applicable.

 

3.3 Home Occupations

 

This planning proposal does not result in any changes to the potential for home occupations to be undertaken without consent in residential zones.

 

Direction 3.4         Integrated Land Use and Transport

 

The objective of this direction is to ensure that urban structures, building forms, land use locations, development designs, subdivision and street layouts achieve the following planning objectives:

 

a        improving access to housing, jobs and services by walking, cycling and public transport, and

b        increasing the choice of available transport and reducing dependence on cars, and

c          reducing travel demand including the number of trips generated by development and the distances travelled, especially by car, and

d        supporting the efficient and viable operation of public transport services, and

e        providing for the efficient movement of freight.

 

This direction applies when a council prepares a draft LEP that creates, alters or removes a zone or a provision relating to urban land, including land zoned for residential, business, industrial, village or tourist purposes.

 

A draft LEP shall locate zones for urban purposes and include provisions that give effect to and are consistent with the aims, objectives and principles of:

 

a        Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

b        The Right Place for Business and Services – Planning Policy (DUAP 2001).

 

The planning proposal is consistent with this direction. The zoning amendments are essentially ensuring that the zones are consistent with existing existing development patterns. No issues have been raised specifically to do with public transport in the areas being considered by this proposal.

 

Direction 3.5         Development Near Licensed Aerodromes

 

This direction is not applicable.

 

4        Hazard and Risk

 

Direction 4.1         Acid Sulfate Soils

 

The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

 

This direction applies when a council prepares a draft LEP that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps.

 

Council shall consider the Acid Sulfate Soils Planning Guidelines adopted by the Director-General of the Department of Planning when preparing a draft LEP that applies to any land identified on the Acid Sulfate Soils Planning Maps as having a probability of acid sulfate soils being present.

 

When a council is preparing a draft LEP to introduce provisions to regulate works in acid sulfate soils, those provisions shall be consistent with:

 

a          the Acid Sulfate Soils Model LEP in the Acid Sulfate Soils Planning Guidelines adopted by the Director-General, or

b          such other provisions provided by the Director-General of the Department of Planning that are consistent with the Acid Sulfate Soils Planning Guidelines.

 

A council shall not prepare a draft LEP that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. Council shall provide a copy of any such study with its statement to the Director-General of the Department of Planning under section 64 of the EP&A Act.

 

Where provisions referred to under paragraph (5) of this direction have not been introduced and council is preparing a draft LEP that proposes an intensification of land uses on land identified as having a probability of acid sulfate soils on the Acid Sulfate Soils Planning Maps, the draft LEP must contain provisions consistent with paragraph (5).

 

Clause 7.1 of the Nambucca LEP 2010 contains provisions which address the issue of acid sulphate soils. In response to this clause future development applications on the site will give appropriate consideration to acid sulphate soils. It is noted that most of the land being considered as part of this proposal is already developed.

 

Direction 4.3         Flood Prone Land

 

The objectives of this direction are:

 

a          to ensure that development of flood prone land is consistent with the NSW Government’s Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005, and

b          to ensure that the provisions of an LEP on flood prone land is commensurate with flood hazard and includes consideration of the potential flood impacts both on and off the subject land.

 

This direction applies when a council prepares a draft LEP that creates, removes or alters a zone or a provision that affects flood prone land.

 

A draft LEP shall include provisions that give effect to and are consistent with the NSW Flood Prone Land Policy and the principles of the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas).

 

A draft LEP shall not rezone land within the flood planning areas from Special Use, Special Purpose, Recreation, Rural or Environmental Protection Zones to a Residential, Business, Industrial, Special Use or Special Purpose Zone.

 

A draft LEP shall not contain provisions that apply to the flood planning areas which:

 

a        permit development in floodway areas,

b        permit development that will result in significant flood impacts to other properties,

c        permit a significant increase in the development of that land,

d          are likely to result in a substantially increased requirement for government spending on flood mitigation measures, infrastructure or services, or

e          permit development to be carried out without development consent except for the purposes of agriculture (not including dams, drainage canals, levees, buildings or structures in floodways or high hazard areas), roads or exempt development.

 

A draft LEP must not impose flood related development controls above the residential flood planning level for residential development on land, unless a council provides adequate justification for those controls to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

 

For the purposes of a draft LEP, a council must not determine a flood planning level that is inconsistent with the Floodplain Development Manual 2005 (including the Guideline on Development Controls on Low Flood Risk Areas) unless a council provides adequate justification for the proposed departure from that Manual to the satisfaction of the Director-General (or an officer of the Department nominated by the Director-General).

 

Part of the land being considered by this planning proposal is considered to be flood prone. At present the B3 Commercial Core zone being considered for rezoning has no applicable floor space ratio provisions or minimum lot size provisions.

 

In order to reduce the potential residential densities that may occur in these areas through shop top housing Council is proposing to apply a floor space ratio of 0.55:1 and minimum lot size of 450m2 to flood prone land. These provisions are explained in more detail within the body of this planning proposal.

 

Of the flood prone land proposed to be rezoned from B3 Commercial Core to B4 Mixed Use there are 24 lots in total. Of these 13 are residential dwellings and 3 are vacant. In this regard the amendment is largely ensuring the existing development pattern is reflected by the appropriate land use zone, but reducing the potential densities to reflect the flood risk on the properties.

 

Of the flood prone land proposed to be rezoned from B3 Commercial Core to R1 General Residential there are 32 total lots of these 26 are existing residential dwellings. In this regard the amendment is reflects the existing development pattern but minimises future potential impacts by ensuring appropriate densities provisions apply to the land.

 

Further comments in relation to the flooding hazard on the land are provided in the body of the report.

 

Direction 4.4         Planning for Bushfire Protection

 

No land being considered under this planning proposal is identified as being bushfire prone.

 

5        Regional Planning

 

Direction 5.1 Implementation of Regional Strategies

 

Objective

 

(1) The objective of this direction is to give legal effect to the vision, land use strategy, policies,

outcomes and actions contained in regional strategies.

 

Where this direction applies

(2) This direction applies to land to which the following regional strategies apply:

(a) Far North Coast Regional Strategy

(b) Lower Hunter Regional Strategy

(c) Illawarra Regional Strategy

(d) South Coast Regional Strategy

(e) Sydney–Canberra Corridor Regional Strategy

(f) Central Coast Regional Strategy, and

(g) Mid North Coast Regional Strategy.

 

When this direction applies

 

(3) This direction applies when a council prepares a draft Local Environmental Plan (LEP).

What a council must do if this direction applies

 

(4) Draft LEPs shall be consistent with a regional strategy released by the Minister for Planning.

Consistency

 

(5) A draft LEP may be inconsistent with the terms of this direction only if council can satisfy the

Director-General of the Department of Planning (or an officer of the Department nominated by the

Director-General), that the extent of inconsistency with the regional strategy:

(a) is of minor significance, and

(b) the draft LEP achieves the overall intent of the regional strategy and does not undermine the

achievement of its vision, land use strategy, policies, outcomes or actions.

 

The Mid North Coast Regional Strategy states that ‘Local environmental plans will ensure that sufficient lands which are zoned industrial and business and currently vacant are protected to accommodate the new jobs required for each local government area until 2031.’

 

This proposal will amend the B3 Commercial Core to B4 Mixed Use on three (3) Vacant Lots on the corner of Partridge and Kane Streets. These lots will have the potential to be used for residential in preference to commercial activities however as it will be zoned Mixed Use either land use will be permissible and the market can determine the future of this land (total 2518m2). Should it be developed for residential purposes, this is considered a minor potential loss of commercial zoned land.

 

It is not expected that the planning proposal will have a significant impact of the future floor space available for commercial developments in the shire given, there are a number of vacant premises and undeveloped properties still available for the market. The availability of land combined with the generous floor space ratios, height limits and minimum lot sizes within the Nambucca LEP 2010, allow for adequate growth and employment generating activities within the retained commercial areas.

 

Direction 5.2 Sydney Drinking Water Catchments

 

Not applicable

 

Direction 5.3 Farmland of State and Regional Significance on the NSW Far North Coast

 

Not applicable

 

Direction 5.4         Commercial and Retail Development along the Pacific Highway, North Coast

 

Not applicable.

 

Direction 5.8 Second Sydney Airport: Badgerys Creek

 

Not applicable

 

6        Local Plan Making

 

Direction 6.1         Approval and Referral Requirements

 

The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

 

A draft LEP shall:

 

a          minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

b          not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the council has obtained the approval of:

i         the appropriate Minister or public authority, and

ii        the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General),

prior to a certificate under section 65 of the Act being issued, and

c        not identify development as designated development unless the council:

i         can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

ii        has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to a certificate being issued under section 65 of the Environmental Planning and Assessment Act 1979.

 

The planning proposal is consistent with this direction.

 

Direction 6.2         Reserving Land for Public Purposes

 

Not applicable

 

Direction 6.3         Site Specific Provisions

 

The objective of this direction is to discourage unnecessarily restrictive site specific planning controls.

 

This direction applies when a council prepares a draft LEP to allow a particular development to be carried out.

 

A draft LEP that amends another environmental planning instrument in order to allow a particular development proposal to be carried out shall either:

 

a        allow that land use to be carried out in the zone the land is situated on, or

b          rezone the site to an existing zone already applying in the environmental planning instrument that allows that land use without imposing any development standards or requirements in addition to those already contained in that zone, or

c          allow that land use on the relevant land without imposing any development standards or requirements in addition to those already contained in the principal environmental planning instrument being amended.

 

A draft LEP shall not contain or refer to drawings that show details of the development proposal.

 

It is intended to ensure the planning proposal is consistent with this direction. No site specific provisions will be applied to the land. The proposal will amend the land zoning, minimum lots sizes and floor space ratios. No specific provisions will be applied in the LEP.

 

 

 

Appendix 3 – Council Reports

 


Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.6      SF1031            290115         New Draft Policy - Local Approvals Policy

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

The Draft Local Approvals Policy was last presented to Council’s meeting of 16 October 2014.  It was resolved:

 

“That Council forward the Draft Local Approvals Policy to the Secretary, Office of Local Government, for the Secretary’s consent to Part 1 of the Policy as required under Section 162 the Local Government Act 1993.”

 

The Secretary’s response has now been received, approving Part 1 of the Policy. Council can now adopt the Local Approvals Policy.

 

 

Recommendation:

 

That Council adopt the Local Approvals Policy (Our Ref: 16819/2014) included in the approval from the Secretary, Office of Local Government a copy of which is attached to the report.

 

 

OPTIONS:

 

Council can adopt the Local Approvals Policy or can choose not to adopt it.

 

 

DISCUSSION:

 

A response has now been received from the Acting Chief Executive of the Office of Local Government (attached). He has granted consent to Part 1 of the policy (Exemptions) with no changes being required.

 

The draft Policy has been reported to Council, placed on public exhibition and referred to the Office of Local Government as required by the Local Government Act 1993. No changes have been made to the draft policy that was first presented to Council.

 

Accordingly, Council can now adopt the attached Local Approvals Policy.

 

 

CONSULTATION:

 

Office of Local Government

Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

There are no social implications associated with this report.

 

Economic

 

There are no economic implications associated with this report.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets

 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

Attachments:

1

34972/2014 - Approval from OLG and copy of Local Approvals Policy

 

  


Ordinary Council Meeting - 29 January 2015

New Draft Policy - Local Approvals Policy

 



































Ordinary Council Meeting                                                                                                29 January 2015

General Manager's Report

ITEM 9.7      SF1947            290115         Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 January to 20 January 2015

 

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

2014/158

24/09/2014

Recreation Facility (Outdoor): Shooting Range

Lot 262 DP 755549, 132 Morans Road, Missabotti

SUBMISSIONS RECEIVED/STAFF COMMENTS

66 public submissions have been received (3 late submissions) – 36 oppose the proposal and 30 support it.

 

Opposing submissions

·    Extra traffic would be generated leading to increased dust levels and danger to wildlife. Some of the roads impacted are already in dire need of repair

·    Large area of the forest would need to be cleared, impacting on animal habitat

·    Noise from firearms – area is a natural amphitheatre – end of tranquillity for residents and fauna

·    Potential pollution to waterways and land due to lead contamination

·    Would like whole area declared as a wildlife reserve and speed limit reduced on road.

·    All of Missabotti should be notified

·    Influx of armed strangers to the area a concern – Council should not be supporting the proliferation of guns

·    Negative effect on real estate values

·    Area is not “free from fauna”

·    Property owner is not a local resident

·    Too many people will be using the shooting range

·    Road should be rectified before development is approved – two bad bends and inadequate road surface

·    Stock in the area will be disturbed

·    Will make properties more difficult to sell

·    Area is rural-residential therefore development is inappropriate

·    Once established it may be expanded.

·    Will result in a loss of amenity

·    Independent EIS and sound tests required

·    Council is morally obliged to stand by their Mission Statement “to value and protect the natural environment”

·    Hours of operation – 7am to 8pm for seven days a week – are too long

·    If approved, Section 94 contributions should be levied to cover works created by the increase in traffic

·    The site appears to represent a significant bushfire risk – fire management plan and adequate fire fighting resources should be mandatory

·    Chemical toilets are inadequate – more information required about where the disposal facility will be

·    Spent and unexploded ammunition may lead to land contamination issues

·    Site clearing – preventative measures re erosion are not detailed.

·    Noise measurements were only undertaken for a 30 minute period – more testing required in differing weather conditions

·    Operational issues – will guns/ammunition be stored on site or transported along the road? Will there be alcohol at the proposed BBQs? If guns, etc stored on site – what security measures will there be?

·    If the site is closed, sufficient funds should be set aside at approval stage to ensure the site is remediated.

·    No economic or employment benefit to the Shire

·    Why wasn’t a local company used to do the noise assessment

·    Noise assessment should have tested 30 guns fired at the same time as 30 bays are proposed.

·    DA form not correctly filled in – should not have been accepted by Council

·    How will lead from the site be safely removed and disposed of?

·    Public has been inadequately notified

·    This proposal should only be presented to a Council meeting at which all Councillors are present.

·    Accessing the site will involve crossing a former airstrip – concerns re past pollution

·    Will be a particular health risk to one person as noise induced stress will adversely impact his health.

·    Out of character for the area

·    Proposed hours of operation will mean no respite for locals

·    Proposed hours may mean more traffic on poor quality roads in the dark

·    Fire-fighting measures are not adequately addressed in the application.

·    How will theft of firearms/ammunition be prevented?

·    The area should be securely fenced with warning signs so no-one inadvertently wanders into a potentially dangerous area

·    The Shire doesn’t need another range/club as there is one at Scotts Head with potential for expansion.

·    Concerns about using the range during high bushfire danger.

·    Numbers of members and visitors needs to be monitored – how will this happen?

·    The site is a known breeding area for Black Cockatoos

·    If social activities are held at the site, the mixing of alcohol and firearms could be very dangerous

·    The DA should apply to the 3 Valleys Club as well and their membership numbers should be included.

·    Estimated number of people using the range are unstated.

·    Council needs to find out and consider

·    Morans Road is often cut off in a flood event – may also be unsafe if there is a bushfire

·    Given the club will attract people with disabilities, are they included in any evacuation plan?

·    Morans Road/Missabotti Road intersection is very dangerous at the moment, let alone with extra traffic

·    Firearms Registry Approval should be submitted

·    How are club members safeguarded against lead particles in the air?

·    Concerns that a chemical toilet cannot be emptied into a septic tank as the chemicals shouldn’t go into it

·    Will the system the chemical toilet is being emptied into be reassessed by Council?

·    Should Office of Environment and Heritage be notified re potential threat to waterways

·    Noise assessment should be done in differing wind conditions and include continuous shooting

·    No mobile phone reception in this part of Missabotti – how will emergency situations be dealt with?

·    Will additional signage be put on Missabotti Road?

·    There should be a trained safety and first aid officer on site

·    A hazard and risk report should be prepared

·    Will a contamination report be done on the vacated property at Gumma?

·    Closest medical facilities are 30 minutes away

·    A community meeting should be held in Missabotti Hall

·    No facilities shown for hand washing but food will be served

·    Facility does not meet the RU2 zoning objectives

·    SEPP 33 Hazardous and Offensive Development should be applied to the DA

·    Children walk along and ride their bikes on the road

·    One objector says he has had past issues with one of the Clubs

·    Council does not have the staff to enforce the required conditions for this type of development

·    It should take place in an enclosed facility in the industrial estate where the noise will have less of an impact

·    A few shooters will benefit to the detriment of a peaceful community

·    Construction materials will make the noise issues worse

·    If contamination from the range ends up in the river it will affect those whose livelihoods are dependent on it.

·    Does not comply with requisite legislation

·    There is no stormwater management plan

·    Does not comply with the objectives of the NLEP2010

·    The presence of shooters will make it dangerous for people who ride horses in the vicinity of the range.

·    Sound of gunfire will lead to stress for residents.

·    No economic benefit for people living in Missabotti.

 

Supporting submissions

·       Will make the area a major attraction for those who participate in this national sport

·       Encourage others to join the sport

·       Support juniors by giving them safe training

·       Keeps local shooters in the Valley

·       Supports the Valley economically, provides for tourism and hospitality opportunities

·       Bring competitions to the Valley

·       Support and encourage a sustainable, legitimate, family sport

·       Will help the club to grow their membership

·       Reputable organisation that adheres to strict safety rules

·       No complaints from their activities in Gumma

·       Logging permit on proposed site already addresses flora and fauna issues

·       Only lantana at the site

·       Noise will be muffled by surrounding bushland

·       Proposal meets all requirements so it should be approved.

·       The use of firearms is strictly controlled at these facilities

·       A well-planned alternative to Gumma

·       The remote positioning won’t impact their cattle property

·       Club has wide community support

·       The pistol range at Gumma has been well run and hasn’t caused any noise issues or traffic problems

 

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2014/198

1/12/14

26 Lot Subdivision

Lot 42 DP 711098, Old Coast Road, North Macksville

SUBMISSIONS RECEIVED/STAFF COMMENTS

Three public submissions have been received – all oppose the proposal

 

·        Water pressure in Kingsworth Estate is already inadequate and increased usage of the reservoir will only worsen the problem

·        Old Coast Road should be sealed by the developer. Florence Wilmont Drive should not be able to be accessed from Old Coast Road.

·        Siting of the new road will mean it and 25 residences will be able to be seen from Florence Wilmont Drive, diminishing the benefits of rural-residential living. The new road should be re-positioned to be south of the ridgeline.

·        Re-positioning the building envelopes, following from the point above, will lead to the new properties looking out to Mt Yarrahapinni instead of looking at other residences.

·        All services to the new development should be underground.

·        Public reserve should be kept as recreational land, not operational. The reservoir should also not be made operational land.

·        Dwellings are not staggered, but linear.

·        No tree cover to break up visual impact

·        Site access should not be from Old Coast Road, but Lumsdens Lane – allows better access to bus services. Florence Wilmont Drive is not safe for pedestrians or cyclists due to there being no footpath.

·        Lots 1, 2 & 7 are too close to public water - all dwellings and on-site sewage treatment areas should be a minimum of 40m from waterways.

·        Lake edge and trees must remain undamaged.

·        Boundary between Lots 40 and 42 should be surveyed and clearly marked to ensure lake and wildlife remain undisturbed.

·        The development, if approved in its current form, will devalue properties on the south side of Florence Wilmont Drive.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2010/230/01

24/12/14

Application to modify development consent – modify gym to storage shed

Lot 117 DP 711481, 44 Raleigh Street, Scotts Head

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the proposal

 

·        Shading impact of building

·        Use of reserve to access the property

·        Concerns that development will be used as a residence in the future

·        Would like an extension of time to examine development as they are on holidays

 

Attachments:

There are no attachments for this report.   


Ordinary Council Meeting                                                                                                29 January 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF544              290115         Final Community Facilities and Public Open Space Strategy  2015

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

The Draft Final Community Facilities and Public Open Space (CFPOS) Study was open for public comment from 13 November to 24 December and seven comments were received. All submissions are attached. The Final Strategy has been modified to incorporate the comments as outlined in this report.

 

The study is being used by the Grants and Contributions Officer in the review of the Community Facilities and Public Open Space (CFPOS) Developer Contribution Plan 2008. Council is encouraged to pay particular attention to the list of projects in the implementation section (Section 7) as this will inform the works schedule of the Developer Contribution Plan.

 

The draft Developer Contributions Plan will be presented to Council at its 12 February meeting for consideration before public exhibition.

 

 

Recommendation:

 

That Council:

 

Adopt the Final Community Facilities and Public Open Space Needs Strategy 2015.  

 

 

 

OPTIONS:

 

That Council not adopt the final CFPOS Needs Strategy 2015.

 

DISCUSSION

 

Seven comments were received during the consultation period. At its meeting of 13 November 2014 Council resolved that the consultation period would be open to 29 January 2015, however the advertisement seeking public consultation stated that comments would be accepted to 24 December. Any comments received after 24 December will still be considered within the context of the draft CFPOS Developer Contributions Plan review. Also, that plan will be out for public comment for 28 days following approval by Council and there will be further opportunity to comment on that plan.

 

Comments received and how they were addressed are included in the table below.

Respondent

Issue

Treatment

Mike Griffin, Nambucca Entertainment Centre Committee of Management

NEC should be assigned “high priority” within the report, and include all works that have been identified, on the basis that it serves a wider community, not just entertainment purposes.

Agreed. The Strategy has been modified.

Kay Donnelly, Macksville Senior Citizens Centre Committee of Management (now disbanded)

Need for pathway between the Macksville Senior Citizens Centre and the front door of the Macksville Library.

Agreed. Strategy to be amended to reflect the need for a pathway.

Moira Ryan, Scotts Head Community Group

Need for a community facility/hall/space/neighbourhood house for community use.

 

That Environmental Levy expenditure should be for projects in relation to the natural environment only.

Agreed in part. Additional infrastructure in Scotts Head cannot be justified as there are community spaces available, including a recent grant for a community building at Buz Brazel Oval; the population is adequately catered for. No change made to the Strategy in relation to this. Any reference in the strategy to how the Environmental Levy funding will be allocated will be removed as this is a determination for Council.

Colin Edmonds, Kingsworth Estate Resident

Urges Council to reverse its decision to rezone the Kingsworth Lake Public Reserve to operational on the basis of the Strategy recommendations.

Decision to rezone has been made outside the Strategy development process and it is therefore up to Council to reconsider. No change made to the Strategy.

Beverley Gibbs, Nambucca Headland Museum Committee of Management

Suggests the inclusion of signage in Nambucca Heads CBD and at Headland lookout to promote the Museum and increase visitation. Need for storage facility for museum for artefacts not on display and to create space for educational events.

Agreed. The general need for signage and interpretation will be added to the Strategy. A general need for storage for some facilities will also be added to in the Strategy.

Buddy Marshall, Aboriginal Elder

Request for Council to hand over/sell Faringdon Field to local Aboriginal Land Council so that it can be managed in a culturally appropriate way, given the presence of a significant sacred site on the reserve.

The letter was referred to the General Manager for consideration and reply. The Strategy allows for revegetation of the area and the possibility of Aboriginal community management will be added to the Strategy.

Greg Birkett, Scotts Head Resident

Request for the inclusion of physical recreation sites within the Adin Street Reserve, Scotts Head, particularly for use by young people and tourists.

Agreed in part. The land in question is not managed by Council, as it is Crown Land managed by North Coast Holiday Parks. The consultant advises Council’s role could be to provide youth activities in the public open space areas of Scotts Head to meet this  need. Implementation action added that relates to Council providing activities for youth.

 

With the above changes, the CFPOS Strategy sets Council’s priorities for community facilities and public open space requirements through the developer contributions framework, as well as Integrated Planning and Reporting Framework. The Implementation Plan, which establishes Council’s future community facilities and public open space projects has been developed in consultation with Council’s relevant staff to ensure the projects are relevant and achievable.


CONSULTATION:

 

General Manager

Assistant General Manager Corporate Services

Assistant General Manager Engineering Services

Manager Community Development

Manager Business Development

Manager Assets

Manager Technical Services

Strategic Planner

Technical Officer – Assets

Community, including Committees of Management and representatives of area sporting groups.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts associated with the environment in relation to this report.

 

Social

 

There are positive social impacts associated with this report as it will set the direction for Council in funding community facilities and public open space for local residents and visitors.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no impacts on current and future budgets associated with the strategy.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

No change or implications.

 

Attachments:

1

1786/2015 - Final Community Facilities and Public Open Space Strategy 2015

 

2

1143/2015 - Submissions to Draft Final CFPOS Strategy 2015

 

3

1819/2015 - Community Facilities and Public Final Community Facilities and Public Open Space Strategy 2015 - Appendices

 

  


Ordinary Council Meeting - 29 January 2015

Final Community Facilities and Public Open Space Strategy  2015

 

 















































































Ordinary Council Meeting - 29 January 2015

Final Community Facilities and Public Open Space Strategy  2015

 

 













Ordinary Council Meeting - 29 January 2015

Final Community Facilities and Public Open Space Strategy  2015