NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

26 March 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 - 26 March 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 - 12 March 2015.................................................................................... 6

5        NOTICES OF MOTION

5.1     Notice Of Motion – Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders (SF809)........................................ 15  

6        PUBLIC FORUM and DELEGATIONS

9.3     Coastal Public Safety Risk Assessments - Nambucca Local Government Area –

          Project Blueprint............................................................................................................ 30

i)           Mr Luke Stigter Coastal Risk Coordinator – presentation to Council

 

9.6     Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088   39

          ii)       Mr Jeff Allen, Principal Nambucca Valley Christian Community School

                    (available for questions)

 

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 19

9.2     Nambucca Heads Skate Park.......................................................................................... 27

9.3     Coastal Public Safety Risk Assessments - Nambucca Local Government Area - Project Blueprint—PRESENTATION ........................................................................................................... 30

9.4     Environmental Levy March Progress and Proposed 15/16 Budget..................................... 32

9.5     Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 March 2015 to 18 March 2015............................................................................... 38

9.6     Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088—DELEGATION ............................................................................................................... 39

9.7     Planning Proposal - Rural Road Land Severance Provisions............................................. 57

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings............................................................................... 65

10.2   Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 11 November 2014.............................................................................................................. 66

10.3   Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014..................................................................................................................................... 70

11      Assistant General Manager Engineering Services Report

11.1   Professional Life Saving Services 2014/2015................................................................... 75

11.2   Naming the Nambucca Heads to Kingsworth Estate Cycleway.......................................... 96     

 

 

 


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 12 March 2015

The following document is the minutes of the Ordinary Council meeting held 12 March 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 26 March 2015 and therefore subject to change.  Please refer to the minutes of 26 March 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

 

Paul Gallagher (Acting General Manager)

Scott Norman (AGM Corporate Services)

Monika Schuhmacher (Minute Secretary)

 

 

 

APOLOGIES

 

Michael Coulter (General Manager)

 

 

PRAYER

 

Captain Steve Dorman from the Salvation Army offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 12.4 Progress of Conciliation Hearing - Valla Quarry under the Local Government Act as Cr Hoban was involved in negotiating the conditions of consent of this quarry prior to becoming a Councillor.  Cr Hoban left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 February 2015

 

705/15 RESOLVED:        (Flack/Smyth)

 

That the minutes of the Ordinary Council Meeting of 26 February 2015  be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2049              120315      Notice of Motion - Donation Of Inspection Fees (SF24)

706/15 RESOLVED:        (Hoban/Flack)

 

That, in recognition of Monroe Mills’ ongoing medical condition and the generous contributions of local tradesmen, Council donate the cost of plumbing inspection fees of $294.00 from Council’s Water and Sewerage Funds.

 

 

 

NOTICE OF MOTION - CR Smyth

 

ITEM 5.2      SF2049              120315      Notice of Motion - Cr Smyth - Request for Leave - 20 March to 12 April 2015

707/15 RESOLVED:        (Smyth/Flack)

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 20 March 2015 to 12 April 2015, inclusive.

 

 

 

PUBLIC FORUM AND DELEGATIONS

 

RECOMMENDATION

 

That the following delegations be heard:

 

PUBLIC FORUM:

i)       Mr Owen Rushton – Vice President of the Macksville Gift Committee of Management regarding the skate park facilities in Macksville Park

 

          Mr Rushton will attend a further meeting with staff from Council.

 

ii)      Fay Welsh - Private cemetery

 

          Mrs Welsh’s speaking notes are recorded on Council’s file SF2044.

 

DELEGATION:

 

ITEM 9.4      2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

i)       Mrs Kelli Leckie—Applicant

 

ITEM 9.4      LF4225               120315      2 Nelson Street - Geotechnical Issues and Claim for Reimbursement of Blocked Sewer

Motion:      (Flack/Smyth)

 

1        That Council engage Coffey and Partners to prepare a preliminary investigation report on the site NH44 being the cliff at the east end of Nelson Street as described in the report by Douglas Partners dated October 2003.

 

2        That Council pay or reimburse payment for $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in a sewer line.

 

3        That Mr & Ms Leckie be advised that they will have to replace their house sewer drainage lines to avoid further root blockages.

 

Amendment:       (Morrison/Ainsworth)

 

That recommendations 1 to 3 be dealt with separately.

 

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

 

708/15 Resolved:        (Morrison/Ainsworth)

 

That recommendations 1 to 3 be dealt with separately.

 

709/15 Resolved:        (Flack/Smyth)

 

1        That Council engage Coffey and Partners to prepare a preliminary investigation report on the site NH44 being the cliff at the east end of Nelson Street as described in the report by Douglas Partners dated October 2003.

 

710/15 Resolved:        (Flack/South)

 

2        That Council pay or reimburse payment for $396.00 for the use of a sewer camera and high pressure water jetter to clear several root blockages in a sewer line

 

Motion:      (Flack/Smyth)

 

3        That Mr & Ms Leckie be advised that they will have to replace their house sewer drainage lines to avoid further root blockages.

The motion was unanimously LOST.

 

Motion:      (Morrison/Ainsworth)

 

That Council support the sale of the portion of land mentioned in Crown Lands’ letter of 16 January 2014 be sold to the Leckies as outlined in that letter.

The motion was LOST

 

711/15 Resolved:        (South/Ainsworth)

 

That Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton.  And further, that Council requires an urgent definitive response in to finalise this matter.

 

 

 

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                120315      Outstanding Actions and Reports

712/15 RESOLVED:        (Ainsworth/South)

 

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

 

 

 

ITEM 9.2      LF6900               120315      Drainage Issues - 4 Alberta Street, Bowraville

713/15 RESOLVED:        (Flack/Ainsworth)

 

That Council note the inspection of 4 Alberta Street, Bowraville.

 

 

 

ITEM 9.3      SF665                120315      Application to Seek Dividend from Water and Sewerage Operations

714/15 RESOLVED:        (MacDonald/Ainsworth)

 

1        That Council note the achievement of the required outcomes of the Best Practice Management of Water Supply and Sewerage Guidelines.

 

2        Commencing for the 2014/15 financial year and for subsequent years, that Council seek approval for the maximum permissible dividend calculated from any surplus in the Water and Sewerage Funds.

 

3        That following the assessment of eligibility for a dividend from any surplus, that each year Council determine the quantum of the dividend to be taken from any surplus in the Water and Sewerage Funds having regard to the available working funds, planned capital works and any other relevant considerations.

 

4        That investigations be undertaken in consultation with Council’s Auditor and the Office of Water for the potential to seek approval to take dividends from the 2013/2014 financial year and financial years prior to that.

 

5.       That Council’s auditors be advised of Council’s resolution.

 

 

Item 9.4 was dealt with under Delegations.

 

 

 

ITEM 9.5      SF841                120315      Issues with Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

715/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council note the response from Ray Williams MP Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

716/15 Resolved:        (MacDonald/Smyth)

 

That Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Road’s Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of Government.

 

 

 

ITEM 9.6      SF841                120315      Pacific Highway Upgrade - Warrell Creek to Nambucca Heads - Proposed Transfer of Assets

717/15 RESOLVED:        (Smyth/Flack)

 

That Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain state assets and not be handed over to Council.

 

 

 

ITEM 9.7      DA2014/158        120315      Development Application DA2014/158 -132 Morans Road, Missabotti - Outdoor Recreational Facility

718/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the application has been withdrawn

 

 

 

 

ITEM 9.8      SF1148              120315      Council Ranger's Report February 2015

719/15 RESOLVED:        (Morrison/Ainsworth)

 

That the Council’s casual Ranger’s report for February 2015 be received and noted by Council.

 

 

 

ITEM 9.9      SF2038              120315      Outstanding DA's greater than 12 months, applications where submissions received not determined from 21 February to 4 March 2015

720/15 RESOLVED:        (Flack/Finlayson)

 

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

 

 

 

ITEM 9.10    SF2038              120315      2015 February - Development and Complying Development Applications Received

721/15 RESOLVED:        (MacDonald/Flack)

 

That the Development Applications and Complying Development Applications received in February 2015 be received for information.

 

 

 

ITEM 9.11    SF2038              120315      2015 February - Construction And Complying Development Certificates Approved

722/15 RESOLVED:        (Flack/South)

 

That the Construction and Complying Development Certificates approved for February 2015 be noted and received for information by Council.

 

 

 

ITEM 9.12    SF309                120315      Bowraville Folk Museum Inc. - Charitable Status

723/15 RESOLVED:        (Ainsworth/Smyth)

 

That Council remove its caveat to provide a first option to take the Bowraville Folk Museum back for its transfer price in the event that the Incorporated Association is wound up or seeks to transfer the property.

 

 

 

General Manager Report – LATE

 

ITEM 9.13    SF1001              120315      Offer of Additional $487,630 from the Country Towns Water Supply and Sewerage Program towards Unforeseen Work in the Construction of Bowra Dam

724/15 RESOLVED:        (Ainsworth/MacDonald)

 

1        That Council accept the offer of $487,630 being for additional financial assistance under the Country Towns Water Supply and Sewerage Program towards unforeseen work in the construction of Bowra Dam.

 

2        That Council thank the Minister the Hon. Kevin Humphries for his offer of additional funding.

 

3        That Council thank Mr Glenn George, Regional Manager North, NSW Office of Water, for following up Council’s requests for additional funding with the Minister’s Office and for facilitating the funding offer.

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF544                120315      Developer Contributions Plan Review: Surf Life Saving Clubs

725/15 RESOLVED:        (Flack/Ainsworth)

 

That Council approve the 28-day public exhibition of the Draft Surf Life Saving Facilities and Infrastructure Developer Contributions Plan – works schedule 2015.

 

 

 

ITEM 10.2    SF251                120315      Schedule of Council Public Meetings

726/15 RESOLVED:        (Flack/MacDonald)

 

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

 

 

 

ITEM 10.3    SF1897              120315      Scotts Head Events Committee of Management AGM - 29 September 2014 - Minutes and Financial Statement

727/15 RESOLVED:        (Flack/Smyth)

 

That Council endorse minutes for the Scotts Head Events Committee of Management’s Annual General Meeting held on 29 September 2014.

 

 

 

ITEM 10.4    SF1991              120315      Investment Report To 28 February 2015

728/15 RESOLVED:        (Ainsworth/MacDonald)

 

That the Accountants’ Report on Investments placed to 28 February 2015 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    T004/2015           120315      Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close Nambucca Heads

729/15 RESOLVED:        (Morrison/South)

 

1        That Council accept the alternate submission of a terra mesh wall construction for T004/2015 Construction of Landslip Stabilisation, Riverside Drive (below Foreshore Close) Nambucca Heads from EarthTEC 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     

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.2    SF1747              120315      Tender T401415MNC for the Provision of Traffic Control Services

730/15 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council accept the tender panel for the Provision of Traffic Control Services as submitted for Regional Procurement Tender No T401415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept that a provision be allowed for a 12 month extension to this contract based on satisfactory supplier performance which may take this contract through to 31 March 2018.

 

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

Against the motion           MacDonald                                        (Total 1)

 

Note:  Cr MacDonald requested her vote be recorded against this resolution as she believes insufficient weighting is given the fact that one of the tenders is a locally based company employing locals.

 

 

 

Assistant General Manager Engineering Services Report – LATE

 

ITEM 11.3    SF1747              120315      Tender T391415MNC - Supply Only and Supply and Installation of Road Safety Barrier Systems

731/15 RESOLVED:        (Ainsworth/Flack)

 

1        That Council accept the tender Category 1: Panel Contract for Supply and Installation of Road Safety Barrier Systems as submitted for Regional Procurement Tender No T391415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept the tender Category 2: Panel Contract for Supply Only of Road Safety Barrier Systems as submitted for Regional Procurement Tender No T391415MNC for a period of 24 months commencing on 1 April 2015 and terminating on 31 March 2017. 

 

2        That Council accept that a provision be allowed for a 12 month extension to Category 2 and Category 2 of this contract based on satisfactory supplier performance which may take this contract through to 31 March 2018.

 

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:          (MacDonald/Ballangarry)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    T004/2015           120315      Tender T004/2015 for Construction of Landslip Stabilisation Riverside Drive below Foreshore Close, 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    SF1747              120315      Tender T401415MNC for the Provision of Traffic Control Services - Confidential Attachment

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF1747              120315      Tender T391415MNC for Supply Only and Supply and Installation of Road Safety Barrier Systems - Confidential Attachment

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 12.4    DA2001/096        120315      Progress of Conciliation Hearing - Valla Quarry

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.

 

 

 

The Mayor left the meeting at 7.15 pm.

The Deputy Mayor took the Chair for the remainder of the meeting.

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.59 pm.

 

 

 

RESUME IN OPEN MEETING

 

Resolved:          (Finlayson/South)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 8.02 pm.

 

 

 

732/15 Resolved:        (Ainsworth/Finlayson)

 

That Items 12.1, 12.2 and 12.3 be noted and were considered in conjunction with Items 11.1, 11.2 and 11.3 respectively.

 

 

FROM COUNCIL IN CLOSED MEETING

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    DA2001/096        120315      Progress of Conciliation Hearing - Valla Quarry

733/15 RESOLVED:        (Finlayson/South)

 

That the information concerning the progress of the Conciliation hearing be received.

 

 

 

CLOSURE

 

There being no further business the Deputy Mayor then closed the meeting the time being 8.02 pm. 

 

Confirmed and signed by the Mayor on 26 March 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                  26 March 2015

Notice of Motion

ITEM 5.1      SF2049            260315         Notice Of Motion – Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders (SF809)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Almost a quarter of a century ago three Aboriginal children, Colleen Walker, Clinton Speedy-Duroux and Evelyn Greenup, were murdered in Bowraville and their killer has never been brought to justice.

 

In 2014 a NSW Parliamentary Committee visited the Nambucca Valley and heard first hand from the families of the murdered children and the detectives involved in the investigation. As a result of this inquiry a series of recommendations were made to the NSW Parliament, including that the Parliament look to change the law so that artificial barriers preventing a fresh murder trial are removed. One of the most frustrating issues for investigating detectives was the fact that the three cases could not be heard together. The circumstances surrounding the three children’s murders have striking similarities however the legal system has prevented all the murders being tried together. In the opinion of investigating detectives this has meant crucial evidence is missing from each trial.

 

There is currently an on-line petition being circulated and council has received a request from Leonie Duroux, a relative of one of the victims, that councillors lend their support and sign the online petition. It is available at:

 

https://davidshoebridge.good.do/justice-for-bowraville/justice-for-bowraville/

 

It is recommended that as a body council also support the families of these children by writing to the Premier requesting that the recommendations of the Parliamentary Committee be implemented as a matter of urgency.

 

Nothing will ever bring back the children but finding justice for them may bring some closure for the grieving families.

 

Summary of Parliamentary Committees Recommendations is attached.

 

 

Recommendation:

 

That in support of the petition circulating in the community Council writes to the Premier of NSW expressing its support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and ask that they be implemented as a matter of urgency.

 

 

 

 

Attachments:

1

7747/2015 - Summary of Parliamentary Committees Recommendations 

 

  


Ordinary Council Meeting - 26 March 2015

Notice Of Motion – Support For The NSW Parliamentary Law And Justice Committee’s Recommendations Relating To The Bowraville Murders (SF809)

 



     


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager

ITEM 9.1      SF959              260315         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.

 

The inception meeting will be held on 5 February 2015 to commence the process.

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.

Council briefing 19/3/2015.

 

 

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 April.

 

 

NOVEMBER 2013

 

5

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.

 

Now deferred to April 2015.

 

DECEMBER 2013

 

6

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

 

7

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.

 

Dam inspected on 3 February and is about 20% full.

As at 28 February 2015 dam was 28% full

.

 

JULY 2014

 

8

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.

 

Report presented to Council 12 March 2015 – resolution to write to the Minister. Letters drafted.

 

Refer Item 36

 

AUGUST 2014

 

9

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

 

Deferred until September due to resources as Manager Technical Services and relevant staff have a number of large projects and assessments of development and highway upgrades.  Proposed to work on first draft and present the document to Council for comment in September before going out to the public.

 

 

10

SF595

28/08/14

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

 

SP

March 2015

Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding.

 

 

SEPTEMBER 2014

 

11

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”.

Work on pegging out land has commenced.  Report to Council in March 2015.

 

Report deferred to April 2015.  Manager Business Development on leave.

 

 

12

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).

 

13

SF399

26/09/14

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

 

GM

Report April 2015.

 

14

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

 

15

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 on resident.  Meeting to be organised in near future.

Meeting arranged for Thursday 19 February 2015.

Meeting held with one resident on Friday 27 February 2015 – a proposal was put forward by Council.  Awaiting resident’s response.

 

16

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.

 

 

17

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 attended meeting at the Valla Beach Pre School on 27 January 2015.  Awaiting advice from Pre School.

 

 

18

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.

Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May.

Meeting with Lions Club on 4 March 2015.

 

Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment.

 

 

NOVEMBER 2014

 

19

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

 

20

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

 

21

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

 

22

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

Response received from Bellingen Shire Council on 2 March 2015.

 

Post draft budget meeting.

 

23

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

 

Response received and provided to Council 18 March advising Government are in caretaker mode and there are now funds available under the current Country Town Water and Sewerage Scheme.

 

Council has not had a response regarding a funding grant through the National Stronger Regions Fund.  This is the trigger for the next report.

 

 

24

SF247

11/12/14

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

 

AGMES

Proposed for March 2015.

 

Public Works Project Manager for the Iluka Sewerage project will address Council in April.

 

25

SF247

11/12/14

There is 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.

 

Report deferred - Awaiting presentation from the Public Works (see item 24) and outcome of grants status before preparing a report.

 

 

JANUARY 2015

 

26

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.

 

 

27

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.

 

AGMCS

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

Meeting arranged with Mayors, Deputy Mayors, GMs’ and AGMCSs’ for 1pm Monday 2 March 2015 at Bellingen.

 

Meeting held on 2 March 2015 – outcome to be reported to Council on 26 March 2015.

 

28

SF84

29/01/15

That Council write to the RFS requesting a detailed breakdown of the State (Head Office) “bid”.

 

AGMES

Further report presented to Council 12 Feb on an amended RFS BID and letter sent to the Commissioner Minister as per Council resolution 16 February.

 

Acknowledgement letters received from the RFS and Premier advising receipt of the Council correspondence and a response will be send in due course.

 

 

29

SF1541

29/01/15

Housekeeping amendments to Nambucca LEP 2010 (items c and d) be deferred for 2 months.

 

GM

Report April 2015

 

30

LF6687

29/01/15

Council receive a report in relation to clearing opposite this property (15 Gregory St, Valla Beach), including the OEH response and remediation actions.

 

MBD

Manager Business Development to draft a report up after speaking to the Valla Beach Community Association Committee of Management.

 

31

SF1541

29/01/15

That the planning proposal in relation to commercial land use in Macksville be deferred for 2 months.

 

GM

Report April 2015

 

32

SF674

29/01/15

That Coffs Harbour City Council be requested to establish a Regional Waste Committee to manage the preparation of the Regional Waste and Resource Recovery Strategy comprising a Councillor, responsible Director plus relevant waste services staff from each participating Council.  Further that as part of the Strategy there be a review of the performance to date compared to the original 2004 proposal.

 

AGMES

Contact initiated by CHCC and a meeting date being organised

 

FEBRUARY 2015

 

33

SF2049

12/02/15

That Council write to the Senior Fisheries Manager at NSW Fisheries in Coffs Harbour with a copy to our Local Member requesting the following information …

 

GM

Letter sent to Fisheries on 19 February 2015.

 

34

SF988

26/02/15

Council seek a similar funding assurance ($50m for the Macksville Hospital) from the NSW Opposition.

 

GM

Letter sent 6 March 2015

 

35

SF843

26/02/15

Council write to Bellingen Shire Council inviting them to join the Beach Permit System.

 

AGMES

Letter sent 5 March 2015

 

MARCH 2015

 

36

LF4225

12/03/15

2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton.  And further, that Council requires an urgent definitive response to finalise the matter.

 

GM

Letter written w/e 20/3/2015

 

 

 

37

SF841

12/03/15

Council write to the Premier, the Leader of the Opposition and the Member for Oxley indicating Council’s disappointment in the complete lack of regard, by the Minister for Roads Office, to Council’s financial wellbeing and clarity for rate payers and reluctance to work together as levels of government.

 

GM

Letter written w/e 20/3/2015

 

38

SF841

12/03/15

Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.

 

GM

Letter written w/e 20/3/2015

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager

ITEM 9.2      PRF71              260315         Nambucca Heads Skate Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

An attempt to reach agreement with residents who undertook legal action against Council for a “without prejudice” trial arrangement for the unlocking of the skate park gate has been unsuccessful.

 

Council is also the subject of a complaint lodged under the NSW Anti-Discrimination Act 1977 alleging that it has discriminated against people on the grounds of their age.  A proposal put forward in good faith for the settlement of the discrimination complaint was for the fence to be removed and for a CCTV system to be installed to continuously monitor the site.

 

With the rejection of the more modest trial of unlocking the gate, Council will have to advise the NSW Anti-Discrimination Board that it is not in a position to accept the settlement proposal as to do so would be contrary to the Deed of Settlement entered into in response to the Class 4 action against Council in the Land and Environment Court.

 

 

Recommendation:

 

1.       That the information concerning the outcome of the meeting to explore opportunities for a “without prejudice” trial agreement for the unlocking of the skate park gate be received.

 

2.       That Council advise the NSW Anti-Discrimination Board that it is not in a position to accept the settlement proposal as to do so would be contrary to the Deed of Settlement entered into in response to the Class 4 action against Council in the Land and Environment Court.

 

 

OPTIONS:

 

Council has entered into two agreements in relation to the mediated resolution of the Class 4 legal action. 

 

There is a Deed of Settlement which sets out the parties’ obligations.  It specifies the opening and closing times of the Skate Park, the requirement for the fence, the erection of a sign and the payment of costs as well as the applicant’s agreement to the dismissal of the proceedings.  There is then a Deed of Release whereby the residents who undertook the legal action release and discharge Council from all claims.

 

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

 

DISCUSSION:

 

At Council’s meeting on 16 October 2014 it was resolved as follows:

 

1.       That 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 which, whilst protecting the interests of all parties, would be in the public interest.  Councillors Flack, Morrison, MacDonald and Ainsworth volunteered to participate in the meeting.

 

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

 

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

 

Following this resolution Council’s letter to the residents’ requesting the opportunity to meet was referred to their solicitor who subsequently refused to communicate with Council staff and insisted that all communication be between solicitors.  Council’s solicitors were then instructed to act on Council’s behalf in seeking a “without prejudice” meeting.  After a series of letter and email exchanges with the residents’ solicitor they were unsuccessful in obtaining agreement to a “without prejudice” meeting.

 

It was the Mayor who was in direct contact with one of the residents who finally arranged a meeting at the resident’s home on 27 February 2015.  The second resident involved in the legal action was not in attendance.

 

At the meeting a proposal was put forward for a “without prejudice” trial of leaving the fence in place but with the gate unlocked, subject to Council installing CCTV with adequate motion activated security lighting to detect out of hours activity which was contrary to the original agreed code of conduct for the use of the Skate Park.  The Code of Conduct which was agreed to by the Skaters’ and displayed at the Skate Park provided as follows:

 

·      Respect and share the Skate Park

·      Fair go for all users of all ages

·      Help and look after young skaters

·      Helmets and pads are recommended

·      Use only during daylight hours

·      Respect the neighbourhood by limiting noise

·      Be considerate of the neighbourhood when coming and going

·      Behave responsibly

·      Skate within your ability

·      Protect your skate park and report damage

·      No alcohol, drugs or smoking

·      No glass

·      No loud music

·      No graffiti

 

It was put to the resident that whilst the Council hoped there would be no anti-social or criminal behaviour, the CCTV should allow Council to identify and deal with offenders without punishing the well behaved majority.  It was also put to the resident that the length of the trial was negotiable and if the trial period was successful the next step would be to consider removing the fence and relying on the CCTV as a deterrent, and a means of dealing with any problems.  It was also offered to get a professional security firm to assess the area and determine how many cameras were needed and their location.  The resident said that he would put the proposal to the other party to the agreement and advise Council of their decision.

 

Several days later the resident telephoned the Mayor and said that they would not agree to the proposal on a “without prejudice” trial basis.  When asked why it was indicated that they had to fight so hard and spend a lot money to get anyone to take their concerns seriously.  The residents’ state they have evidence in video, photographs and logs of 5,000 incidents of criminal and/or antisocial behaviour that occurred prior to the erection of the fence. They felt that the fence had solved their problems and indicated that on the couple of occasions when the gate was accidentally left unlocked or locked late there were people there after the agreed hours.  They believe that the Code of Conduct agreed to by the Skaters must be adhered to.

 

Council has also been the subject of a complaint lodged under the NSW Anti-Discrimination Act 1977. 

 

The complaint alleges that Nambucca Shire Council has discriminated against people on the grounds of their age.  A proposal put forward in good faith for the settlement of the discrimination complaint was for the fence to be removed and for a CCTV system to be installed to continuously monitor the site.  It was put that such an arrangement would identify all alleged perpetrators of criminal behaviour and ensure the safety of all users of the facility.  The Anti-Discrimination Board has provided a deadline of 31 March 2015 for Council to respond to the settlement proposal.

 

With the rejection of the more modest trial of unlocking the gate, Council will have to advise the NSW Anti-Discrimination Board that it is not in a position to accept the settlement proposal as to do so would be contrary to the Deed of Settlement entered into in response to the Class 4 action against Council in the Land and Environment Court.  The Deed of Settlement arose out of a mediation conducted by the Hon. Angus Talbot, a retired judge of the NSW Land and Environment Court.

 

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

 

CONSULTATION:

 

There has been consultation with one of the residents who undertook legal action against Council.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

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

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are risks in relation to the legal action undertaken by the residents and also in relation to any determination of the complaint lodged under the NSW Anti-Discrimination Act 1977.

 

There are significant costs attached to legal action.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

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

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager's Report

ITEM 9.3      SF904              260315         Coastal Public Safety Risk Assessments - Nambucca Local Government Area - Project Blueprint

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca Local Government Area.

 

2        That Council thank Mr Luke Stigter, Coastal Risk Coordinator for his briefing on the final report for the Nambucca Local Government Area.

 

 

OPTIONS:

 

There are no options, the report is for information.

 

 

DISCUSSION:

 

Surf Life Saving NSW, through its Coast Safe department, has been undertaking a state-wide drowning prevention project known as “Project Blueprint”.  The Nambucca LGA has been included in the third year of the program.  Coastal Risk Officers conducted onsite assessments in June 2014 and have now prepared a final report. 

 

Mr Luke Stigter, Coastal Risk Coordinator, will present the findings of the report at this Council meeting. 

 

The treatment options found in the report are representative of Australian Coast Safe’s opinion in relation to risk management at the locations assessed and are provided as options for guidance only and are not binding on the land manager. 

 

The report acknowledges that land managers have many competing priorities and limited resources and have to balance water safety with their other portfolio responsibilities. 

 

The report is intended to provide support and guidance for decision making and assist land managers in sourcing funding for future programs. 

 

 

CONSULTATION:

 

There has been consultation with the Coastal Risk Coordinator.  He, in turn, has undertaken extensive consultation with the various stakeholders involved in water safety.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

Coast drownings are profound social impacts on affected family and friends as well as local communities including those in rescue organisations.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The report concerns coastal risk management.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will need to be a report on the recommendations coming out of the final report.  The report will need to consider costs and staged implementation.

 

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

 

Staff resources will be required to report on the recommendations arising from Project Blueprint.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager's Report

ITEM 9.4      SF688              260315         Environmental Levy March Progress and Proposed 15/16 Budget

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with a progress report on the 2014/15 Environmental Levy working projects and approval of the draft levy budget 15/16 for exhibition.  

 

 

Recommendation:

 

1        That Council note the March progress report of the 2014/15 Environmental Levy Management Program.

 

2        That Council note the proposed budget for the 2015/16 Environmental Levy Program and that this program be exhibited for comment.

 

 

 

OPTIONS:

 

Council may amend the proposed program and propose alternative or additional actions.

 

 

DISCUSSION:

 

2014/15 Environmental Levy March Progress

 

[Attachment 1] provides a progress report activities being undertaken as part of the 2014/15 Environmental Levy Program.

 

Of note the 2014/15 unallocated levy funds of $140,000 have been distributed to a number of projects as provided below:

 

Commitments with 14/15 unallocated

Funds

Gumma Swamp Healthy wetlands (proposed variation) transfer funds

 $                                 30,000

Community Grants

 $                                 25,000

Restoration and Rehabilatation Program

 $                                 30,000

Fish habitat banks Stabilisation grant

 $                                 50,000

Remaining unallocated

 $                               7000 -

 

2014/15 Subsidies

 

Through successful subsidies this financial year the Environmental Levy funding has been increased by $274,000 or approximately 74% of the standard levy income ($365,000 2014/15).

 

 

2015/16 Environmental Levy Program

 

The following Table provides the proposed environmental levy program for 2015/16 financial year with an expected income of $375,000.

 

 

 

 

 

Environmental Levy Budget 2015-16

Proposed Budget

2015/16

Other Notes

APPROVED

Nambucca River Flood Study - above Watt Ck  formerly 4060.440.502

Revote (OEH subsidy)

revote (OEH subsidy)

Deep Creek Flood Risk Management Study and Plan

Revote (OEH subsidy)

revote (OEH subsidy)

Water quality river health monitoring

 $                                 10,000

Annual allocation

Enviro Comp Officer - supervisory Vehicle

 $                                   2,000

Annual allocation

Bowraville Grassy Park Management

 $                                   2,500

Annual allocation

Minor bird eradication

 $                                   2,500

Annual allocation

GPT Maintenance

 $                                 10,000

Annual allocation

Environmental Weed Management

 $                                 10,000

Control of Noxious Weeds

 $                                 66,200

Annual allocation

Vegetation Mapping

Revote (OEH subsidy)

revote (OEH subsidy)

Servicing Dog Bin/ Bags

 $                                 14,000

Annual allocation

CZMP Action - Beach Access Improvement Program

 Revote (OEH subsidy)

revote (OEH Subsidy)

Ongoing Our living Coast Websites

 $                                   2,000

Annual allocation

Annual River Cleanup

 $                                      500

Annual allocation

Prepare/review/implement concept plans for CBD streetscape improvements

 $                                            -

revote

Gumma Swamp Healthy  Wetland

 Revote (OEH subsidy)

revote

Riverbank erosion program (rehabilitation)

 $                                 10,000

Annual allocation

Environmental Levy Salaries

 $                                 56,000

Annual allocation

State of the Environment Reporting

 $                                   2,500

 Revote (ongoing fund contribution to regional SOE)

Stuarts Island (north)

 Revote

revote (OEH subsidy)

Street Lighting

 Revote

revote

Dawkins Park Reserve (water quality and environmental improvement investigation -  expanded 2015/16 to include plan of management for Hughes Creek

 Revote (OEH subsidy 15/16 application submitted)

revote (OEH subsidy application lodged 12.03.15)

Valla Beach (crown Reserve Management plan - draft action) pedestrian access

 Revote (Crown subsidy)

Revote (Crown subsidy)

Continuation of Estuary Management plan actions (Stuart Island south)

 Revote (OEH subsidy)

Revote (funding successful Stuart Island south bank stabilisation)

Continuation of CZMP Actions (Nambucca Surfclub)

 Revote (OEH subsidy)

Revote (funding successful Nambucca surfclub 2 year project compete 2016)

Environmental Management Fund

 $                                 10,000

Annual allocation

Continuation of CZMP Actions (Scotts Head Surfclub precinct OEH NCHP)

$                              50,000 (OEH subsidy  15/16 application submitted)

(OEH subsidy application lodged 12.03.15)

Continuation of Estuary Management plan actions (Bank Stabilisation OEH; RMS)

$                                 50,000 (OEH subsidy  15/16 application submitted)

(OEH subsidy application lodged 12.03.15)

Continuation of Estuary Management plan actions (Ecohealth Monitoring Program LLS)

 $                                 32,150 (OEH subsidy  15/16 application submitted)

(OEH subsidy application lodged 12.03.15)

NSW Regional Boating (bank stabilization; landscaping/ revegetation)

$                                 43,900 (Transport NSW Subsidy)

Environmental contribution to successful regional boating plan submission.

TOTALS

 $                         374,250.00

 

The items identified in green are new projects targeting funding under for 2015/16 grant funding opportunities. The projects were distributed to Council and Council’s Nambucca River, Creeks, Estuaries and Coastline Management Committee via email for comment. Staff have identified a number of project partners for these new projects. Project partners are identified below:

 

-     Local Land Services (north coast) (funding and project development);

-     OEH funding and specialist advice;

-     NSW Crown Holiday Parks (funding and project development)

-     RMS (resources);

-     Transport NSW (regional boating)

 

Other likely contributions and collaborations for the 2015/16 year include:

 

-   Nambucca Valley Landcare, staff have engaged with landcare to assist project management of a number of bank stabilisation projects such as Stuart Island and an expected Fish Habitat Grant. Landcare are also coordinating the continuation of Council’s Indian Myna Program.

 

-   NSW Fisheries – Although unsuccessful with a recent fish habitat grant, staff were requested by Fisheries to address a few minor issues with application so it could re-assessed under a reserve fund.

 

As with the 2014/15 financial year there is likely to be an amount of unallocated funds to be given additional consideration in 2015/16. A comprehensive list of future projects is provided in [attachment 2] nevertheless some projects that are likely to be reported include the following:

 

-   An application has been made to the Heritage Office to continue with the Heritage Program which was funded through the Environmental Levy in 2014/15 ($9,000);

-     Additional funds to complete the Gumma Healthly Wetland project,

-   bank stabilisation at multiple locations including Macksville River St Foreshore which is gradually losing popular open space to erosion;

-     Commencement of landscaping in parts of Macksville;

 

Further consideration of any unallocated funds will be reported to Council as they are identified.

 

In October last Council resolved the following:

 

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

 

Unfortunately the draft levy budget for the 2015/16 financial year has only recently been completed. It is now proposed to exhibit the draft budget. Staff have been working on providing a webpage for the Levy it is hoped this will be available for the exhibition period.

 

 

CONSULTATION:

 

General Manager

Manager of Development and Environment

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental levy contributes to projects that have environmental benefits.

 

Social

 

The environmental levy contributes to projects that have social benefits.

 

Economic

 

The management of the environmental levy does not have any negative economic impacts.

 

Risk

 

NIL

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The environmental levy has been actively managed by Councils Strategic Planner with assistance of Council General Manager and Manager of Development and Environment.

 

Source of fund and any variance to working funds

 

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

7850/2015 - Management update Environmental levy 13 March 15 Hard copy issued

 

2

7231/2015 - Future Environmental Levy Projects Hard copy issued

 

  


Ordinary Council Meeting - 26 March 2015

Environmental Levy March Progress and Proposed 15/16 Budget

 


Ordinary Council Meeting - 26 March 2015

Environmental Levy March Progress and Proposed 15/16 Budget

 


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager's Report

ITEM 9.5      SF2038            260315         Outstanding DA's greater than 12 months, applications where submissions received not determined from 5 March 2015 to 18 March 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

2014/212

24/12/14

Residential Flat Building

Lot 81 DP 548071, 11 Ridge Street, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Four public submissions have been received – all raise similar concerns

 

·        Stormwater/drainage from Woods Lane needs to be rectified

·        Woods Lane should be upgraded if the DA is approved due to the greater volume of traffic it will attract

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  26 March 2015

General Manager's Report

ITEM 9.6      DA2014/202      260315         Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

The proposed development includes the construction of two new classrooms, a staff room, and a covered outdoor area on a section of the site which has previously been cleared and filled.  Due to the proximity of the proposed building from the sites boundaries, asset protection zones are required to be created within public land.  In accordance with Council’s policy ‘Bushfire Buffers on Public Land’, the development application is been referred to Council for determination by Council resolution.

 

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

 

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

 

Recommendation:

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2014/202 for additions to an existing school at Lot 89 DP 261088, 35 Centenary Parade, Nambucca Heads subject to the schedule of conditions outlined in attachment 1 of this report.

 

 

OPTIONS:

 

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

 

(b) Refuse consent to the development application.

 

 

DISCUSSION:

 

The development site is located at 35 Centenary Parade, Nambucca Heads and is legally known as Lot 89 DP 261088.  The site contains the existing Nambucca Valley Christian Community School which includes detached buildings, vehicular access, onsite parking areas, and a modified landscape.  The site is bordered by the Pacific Highway to the south, Frank Partridge Primary School to the east, Centenary Parade to the north-east, and Council playing fields to the north-west.  An aerial photo of the site has been included in attachment 2.

 

The proposed development includes the construction of two new classrooms, a staff room, and a covered outdoor area on a section of the site which has previously been cleared and filled under the development consent for DA2014/018.  The proposed development plans have been included within attachment 3.

 

The development application has been referred to Council for determination because the proposed building is to be located 15m from the sites boundary which adjoins the Pacific Highway road reserve.  The general terms of approval from the NSW Rural Fire Service (RFS) require a 25m asset protection zone (APZ) to be created, resulting in 10m of the APZ being within the road reserve.  Furthermore, due to the close proximity of the existing school buildings on the site to this boundary, the applicant proposes to extend the 10m wide APZ along the entire boundary of the development within the road reserve to help protect the existing buildings from bushfire attack.

 

The application was referred to the NSW Roads and Maritime Services (RMS) for consultation as the Pacific Highway is a classified road. The response from the RMS indicates no objections to the proposed APZ’s subject to the conditions of consent.

 

Council’s policy ‘Bushfire Buffers on Public Land’ was adopted by Council in 2012. This policy states that Council will not permit the inclusion of public land/reserves into APZ’s that are required to protect private property and infrastructure. It also states:

 

“Council may consent to allow the inclusion of some public areas under its control as APZs under the following conditions:

1.   The public land is a formed road whereby the existing arrangement is a footpath and road pavement requiring no extra maintenance as a bush fire buffer (APZ).

2.   A bush fire buffer (APZ) already exists that is currently maintained by Council and that bush fire buffer (APZ) meets the required NSW Rural Fire Service standards and is recognised in a Plan of Management for the reserve.

3.   That clear justification can be demonstrated by the developer that the public land is required to form an Asset Protection Zone (APZ) for bushfire buffer.

4.   That the clearing of natural assets on public land for the purposes of establishing an Asset Protection Zone (APZ) for private development shall be advertised for public comment including the justification from the applicant for the proposed APZ on public land.

5.   That consent shall only be granted through Council resolution following public exhibition of the proposal.

6.   Environmental assets such as threatened species, vulnerable species and locally important flora and fauna must be taken into account before any work is considered.”

 

Considering the constraints to the location of the proposed building due to the size of the site, as well as the proximity of the existing buildings to the boundary; it is considered that the public land is required to form an APZ to provide improved bushfire protection.  It is to be noted that the 10m wide APZ will be on the school side of the remaining 20m wide vegetation buffer within the road reserve and the majority of vegetation to be removed will be understory species.  As such, it is not considered that the tree removal will result in any significant visual impacts from the road reserve. Furthermore, the submitted ecological assessment demonstrates that the proposed APZ will not result in any significant environmental impacts due to the condition of the existing vegetation.

 

With regards to liability and maintenance of the APZ, this will be the responsibility of the applicant. Conditions have been included within the recommended conditions of consent requiring the applicant to maintain the APZ in accordance with the requirements of Planning for Bushfire Protection 2006 for the life of the development and for the applicant to have $20 million public liability insurance prior to undertaking any maintenance work.  The implementation of these conditions of consent will place the responsibility on the applicant to maintain the APZ, meaning Council will not incur any maintenance or liability costs associated with the proposal.

 

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

 

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

 

Having regard to the submitted Ecological Assessment, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats due to the extent of the existing modification to the habitat within the study area and the small scale and position of the proposed APZ in the landscape.

Section 79C (1) - Evaluation

 

In determining a development application, Council is required to take into consideration the following matters:

 

(a) the provisions of

 

(i) any environmental planning instruments

 

·      The Nambucca Local Environmental Plan 2010 (NLEP 2010)

The proposed development is considered to be consistent with the relevant clauses of the NLEP 2010 as follows:

 

2.3 - Zone objectives and land use table

The proposed development is permissible with consent and is considered to be consistent with the relevant objectives of the zone because it will not impact on the housing needs of the community or housing types and densities because it is an addition to an existing school, and it is a land use that will provide a service to meet the day to day needs of residents.

 

5.5 - Development within the coastal zone

It is not considered that the proposed development will result in any impacts on the coastal environment having regard to scenic qualities, access, archaeological significance, ecosystems, effluent, stormwater, or coastal hazards.

 

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

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

 

7.4 - Public utility infrastructure

The proposed development will be connected to reticulated sewer, water and power.

 

7.6 - Earthworks

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

 

·      State Environmental Planning Policy No 55—Remediation of Land

 

The proposed building is located on fill obtained from the Warrell Creek to Nambucca Pacific Highway upgrade.  Documentation was submitted with the application regarding this fill being virgin excavated natural material. As such, it is not considered that the land is contaminated.

 

·      State Environmental Planning Policy No 44 - Koala Habitat Protection

 

An ecological assessment prepared by a suitably qualified person was submitted with the development application which demonstrated that the development will not impact any core koala habitat.

 

·      State Environmental Planning Policy No 62 - Sustainable Aquaculture

 

It is not considered that the proposed development will result in any adverse effects on oyster aquaculture development or a priority oyster aquaculture area because of the sites location from any of these areas, with earthworks and stormwater flows resulting from the development being appropriately managed by conditions of consent.

 

·      State Environmental Planning Policy No 71 - Coastal Protection

 

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

 

·   State Environmental Planning Policy (Infrastructure) 2007

 

The proposed school additions will increase the existing capacity of the school by 50 students. In accordance with clause 104, the application was referred to the RMS for consideration with no objections received regarding traffic generation.

 

With regards to clause 101, due to the setback of the new building from the adjoining classified road and the imminent opening of the new highway which will result in the existing highway becoming a local road; it is not considered that it will be subjected to adverse noise impacts.

 

Furthermore, it is considered that the existing bus bay and car parking will provide sufficient accessibility to the proposed development, with the majority of students accessing the site via bus and on foot.  Sufficient parking has been provided in accordance with Council’s DCP.

 

(ii) any draft environmental planning instrument

 

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

 

(iii) any development control plan (DCP)

 

·      Nambucca Development Control Plan 2010 (DCP)

 

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

 

Notification and Public Participation (Part A)

The application was notified and advertised in accordance with Part A of the DCP. No submissions were received.

 

Environmental context (Part A)

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

 

Car Parking (Part C)

The school will have 18 staff members and 160 students by 2017.  Considering the number of students it is considered reasonable to expect that once year 12 is offered by the school (not currently available) a class size of 25-30 could be expected.  In accordance with the development controls within Part C the development will require 22 car spaces to be provided (1 to be disabled) and 58 bicycle parking spaces. The proposed development is consistent with these requirements because 39 car spaces are proposed (1 disabled) with sufficient space on site for the storage of 58 bicycle spaces.  It is also considered that there is sufficient circulation space for the required car parking to comply with dimension requirements of the DCP.

A condition requiring all parking spaces to be marked and the installation of separate marked entry and exit points has been included within the conditions of consent.

 

Sediment and Erosion Control (Part D)

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

 

Waste Minimisation and Management (Part N)

It is considered that the existing methods of waste disposal are adequate to accommodate the additional students associated with the development, with sufficient room for additional bins if required.  Conditions have been included within the consent regarding the management of waste during construction.

 

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

 

There are no planning agreements applying to the subject site.

(iv) Any Matters prescribed by the Regulation

 

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

 

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

 

(v) Any coastal zone management plan

 

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

 

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

 

Subject to the recommended conditions of consent, it is not considered that the proposed development will result in any significant impacts on the natural or built environments or any negative social or economic impacts on the locality because the additions are to an existing school which are consistent with the character of the site and surrounding area.

 

(c)      The suitability of the site for the development

 

Having regard to the existing development on site, the location of the proposed building, the degraded nature of the vegetation to be removed, and the developments separation/screening from the surrounding area; it is considered that the site is suitable for the proposed development.

 

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

 

No submissions were received.

 

(e)      The public interest

 

Having regard to the above and subject to the recommended conditions of consent, it is not considered that the proposal is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

 

Section 91A - Development that is integrated development

The proposed development is integrated development because it requires approval under section 100B of the Rural Fires Act 1997.  The application was referred to the NSW Rural Fire Service (RFS) for general terms of approval (GTA) in accordance with section 91 of the Environmental Planning and Assessment Act 1979.  GTA were received from the RFS and have been incorporated into the recommended conditions of consent. As addressed earlier in this report, the GTA include a requirement for the creation of a 10m wide APZ within the Pacific Highway road reserve.  Council is the roads authority for that road and due to the minor impacts the proposed APZ will have; it is recommended that Council grant consent.

 

Furthermore, the GTA require the creation of a 30m wide easement for the maintenance of an APZ within the adjoining Frank Partridge School land.  Owners consent from the NSW Department of Education & Communities has been given to the creation of this easement.  Considering the majority of this easement is within a previously approved APZ and future road reserve for a two lot subdivision approved under DA2011/185; it is considered that it will benefit both schools and not result in any adverse impacts on flora and fauna species.

Section 64 – Construction of Works for Developers (Local Government Act 1993)

Section 64 of the Local Government Act 1993 enables council to levy developer charges for water supply, sewerage and stormwater.  This derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000. The proposed development attracts a contribution based on the additional people at the school generated by the additions.  The proposal includes the addition of two classrooms.  Using what is considered to be a reasonable base figure of 25 students and 1 teacher per class; the contributions are based off an additional 52 people.

 

Development Servicing Plan

Contribution Amount

Water Supply

(1ET = $12,358) (0.03ET = $370.74)

 $370.74 x 52 = $19,278.48

Sewerage

(1ET = $9,335) (0.05ET = $466.75)

$466.75 x 52 = $24,271.00

 

CONSULTATION:

·      Community

·      NSW Rural Fire Service

·      NSW Roads & Maritime Service

 

SUSTAINABILITY ASSESSMENT:

 

Environment

It is not considered that the proposal will result in any significant impacts on the natural environment because it includes the erection of a building on a highly modified site, with APZ’s requiring the removal of vegetation which has low ecological value.  Furthermore, appropriate pollution mitigation measures have been included within the recommended conditions of consent.

 

Social

The proposal will not result in any works or land uses which are inconsistent with the existing character of the area.

 

Economic

 

The proposal will not negatively impact economic development within the area.

 

Risk

It’s not considered that there will be any significant risk for Council as the recommended conditions of the development consent require the applicant to undertake all maintenance works and obtain appropriate liability insurance.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil

 

Source of fund and any variance to working funds

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

8291/2015 - Attachment 1 - Schedule of Conditions

 

2

8289/2015 - Attachment 2 - Aerial Photo

 

3

8288/2015 - Attachment 3 - Development Plans

 

  


Ordinary Council Meeting - 26 March 2015

Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

 







Ordinary Council Meeting - 26 March 2015

Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

 


Ordinary Council Meeting - 26 March 2015

Planning Report for DA2014/202 - 35 Centenary Parade, Nambucca Heads - Lot 89 DP 261088

 






Ordinary Council Meeting                                                                                                  26 March 2015

General Manager's Report

ITEM 9.7      SF1541            260315         Planning Proposal - Rural Road Land Severance Provisions

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to advise Council of investigations undertaken in regards to an LEP amendment for the purpose of allowing rural properties divided by sealed roads to be subdivided.  The report discusses preliminary advice received from the Department of Planning and Environment (the Department) regarding this matter.

 

 

Recommendation:

 

1        That pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a planning proposal to support an amendment to the Nambucca LEP 2010 to allow land severed by a sealed rural road to be subdivided as outlined in the content of this report.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act. Council request the matter be referred to the Gateway panel for consideration.

 

3        The results of the Gateway determination be reported to Council for further information.

 

 

 

OPTIONS:

 

1.       Council may choose to take no further action on this matter and advise interested landholders of the Departments response.

 

2.         Council may resolve to review the Rural Residential Release Strategy in 2016.

 

 

DISCUSSION:

 

At present the subdivision of rural land is required to meet the minimum lot size being either 40Ha or 100HA.  The majority of the lots that are severed by a sealed road do not provide enough land to enable subdivision of this type, although minor variations are permitted to allow lot size variations up to 10%.

 

Individual landholders may apply for a site specific LEP amendment to reduce the minimum lot size on certain land subject to making application to Council at cost.

  

A brief investigation has been undertaken into the implications of a broader amendment to the Nambucca LEP in the form of a Local Provision to allow subdivision of land severed by a public road.  The investigation has examined a number of issues associated with such a proposal including the purpose and intent of the amendment, the implications and the potential controls.

 

Landholder identified issues

 

Landholders have expressed concerns regarding access and management of land where it is split by a rural road. These concerns were expressed to a Local Member of Parliament and Council which has led to this investigation. The main concerns highlighted include the following:

 

·   Rural activities are difficult to manage in a safe manner where access is required between land on opposing sides of the road

·   The value of the severed land for rural purposes is minimal due to size, and management constraints;

·   Poor management of the severed land results in environmental issues such as erosion and weeds; and

·      In many areas the severed land may be a logical extension to existing nearby rural residential land.

 

Typical constraints to undersized rural subdivisions include:

 

·      Increase in dispersed rural settlement

·      Safety of vehicle access on to rural roads

·      Landuse conflicts with rural activities and small rural holdings

·      Small lot sizes may have effluent disposal constraints

·      Bushfire constraints; and

·      Flooding constraints.

 

Legislative constraints to such an amendment would include:

 

-     Mid North Coast Regional Strategy

-     SEPP Rural Lands; and

-     Relevant 117 Directions

 

Implications

 

The implications of a correctly drafted provision in the LEP that allows rural subdivision where the land is severed by public road is considered minimal if a number of guiding principles are applied.   These principles are:

 

-     The whole parcel (before the severance by road) must have an existing dwelling entitlement

-     The land must adjoin part of continuous sealed road

-     The land must have a suitable area of land that is not flood prone

-     The land must be greater than 1Ha in size

-     The land must have physical attributes to support subdivision and/or a dwelling

-   The subdivision or future dwelling on the land must not result in unreasonable land use conflicts with surrounding rural activities.

 

An examination of the number of lots severed by a sealed public road has been undertaken and resulted in the following:

 

-     There are approximately 103 lots severed by a sealed public road;

-     No assessment has been undertaken on existing dwelling entitlements of these 103 lots;

-   Approximately 14 of these are fully or substantially flood prone and unlikely to be suited to subdivision;

-   60 portions of the undersized lots were less than 1ha in size (it is noted that a multipart lot may be comprised of a number of different portions not all necessarily severed by a road).  A visual estimate indicates that approximately 5-10 of these would be severed by a road and unsuitable to subdivision due to size shape and environmental constraints.

 

To minimize the impact of dispersed rural settlement and avoid servicing pressures in areas well outside of the town centres, further restrictions could be placed in the provisions. For instance the provision may only be applicable to areas within a certain distance of a residential or business zone in accordance with a map overlay.  Outlying suburbs in shire that contribute to the 103 severed lot parcels include:

 

-     Taylors Arm (23)

-     Yarranbella/ Utungun (16)

-     Missabotti and surrounds (13)

-     South Arm (4).

 

If we assume a reasonably high take up rate for this opportunity (approximately 80%) and take into consideration the analysis above it is estimated that an amendment of this nature could result in an additional 63 additional lots.  Should we exclude outlying suburbs, potential lots could be reduced to an additional 22 lots.

 

Draft provisions

 

This clause would also be drafted to exclude outlying suburbs via the provision of an overlay map

 

1)   The objective of this clause is to permit subdivision of rural lots that are severed by a sealed public road

 

(2)  This clause applies to land in any of the following zones:

(a)        Zone RU1 Primary Production,

(b)        Zone RU2 Rural Landscape,

 

(3)  Despite clause 4.1 (3), development consent may be granted to the subdivision of one lot into two where:

(a)        the existing lot is severed by an existing sealed public road; and

(b)        the existing lot has a dwelling; and

(c)        the resulting lot boundaries use the road as the boundary of the division;

(d)        the resulting lots are a size greater than 1Ha; and

(e)        the resulting lots have a suitable area available for future dwellings and access and access that are at or above the flood planning level for that land; 

 

(4)  In deciding whether to grant development consent for the subdivision of land under this clause, the consent authority must consider the following:

(a)        the existing uses and approved uses of other land in the vicinity of the subdivision,

(b)        whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the development,

(c)        whether or not the subdivision is likely to be incompatible with a use referred to in paragraph (a) or (b),

(d)        whether or not the subdivision is likely to be incompatible with a use on land in an adjoining zone,

(e)        any measure proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c) or (d),

(f)         whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,

(g)        whether or not the subdivision is likely to have an adverse impact on the environmental values or agricultural viability of the land.

 

(5)  This clause does not apply:

(a)        in relation to the subdivision of individual lots in a strata plan or a community title scheme, or

(b)        where a resulting lot could itself be subdivided in accordance with clause 4.1.

 

Similar Provisions

 

A brief investigation into similar provisions elsewhere found that the Queensland Regional Plan (2009-2031) states the following:

 

-     SE Queensland Regional Plan (2009-2031) permits the following:

The subdivision divides one lot into two where:

a)    the existing lot is severed by a road that was gazetted before second march

2006; and

b)   the resulting lot boundaries use the road as the boundary of division.

 

Consultation

 

In order to gauge the response to such an amendment, the results of the investigation and the draft provisions were forwarded to the Department for consideration. The response from the Department is provided at the end of this report.

 

The Department provided the following points of response:

 

-   Councils Rural Residential Strategy and the introduction of secondary dwellings into rural zones provides for an adequate supply of dwellings in rural areas;

-   Existing provisions in the Nambucca LEP 2010 allow for subdivision of rural areas but limit the potential for ad-hoc rural settlement;

-   Should Council wish to pursue such an amendment it should be considered as part of an amendment to Councils Local Growth Management Strategy – Rural Residential Lands. Such an amendment should include a traffic assessment to determine volumes of traffic on roads being considered; the status of vegetation on the land and enough land to provide for appropriate bushfire protection; the presence of existing land uses and the impact such an amendment would have on these uses.

-   If the amendment to the strategy is approved Council could rezone the land and amend the minimum lot size or apply the provisions drafted to an overlay map of the target areas generally being near to existing towns or existing rural residential areas.

 

The response letter concludes that the department considers that there are suitable provisions available to manage specific instances but individual amendments to the minimum lots sizes may be considered on site specific basis.

 

Planning Staff Comments

 

The response from the Department is clear to state ‘that it considers there are adequate mechanisms to address the issue, however if Council wishes to pursue the matter further investigations and an amendment to the Local Growth Management Strategy would be required and it seems from the Departments view that a guarantee of a positive result cannot be provided.

 

Councils Options:

 

1        Do Nothing

 

Council may choose not to pursue the proposed amendment. Individuals wishing to subdivide the severed rural property can apply for a minimum lot size variation based on the individual merits of the property. Such an application would be at cost to the landowner and may require investigations to support the proposal.

 

2        Formalise a planning proposal and submit the draft provision ‘as is’

 

Despite the Departments initial response, Council may choose to submit a formal planning proposal to the Department requesting the gateway panel determine if the proposal may proceed. The panel may have a different view to the north coast office of the Department. This occurred with Councils amendment to allow secondary dwellings in rural areas. The north Coast Planning office did not support the secondary dwelling amendment but the gateway panel allowed it to proceed subject to some additional information.

 

To prepare a planning proposal based on the initial investigations undertaken would not take a significant amount of resources, but Council would gain a firm view from the Department on the matter which could be considered further. It is noted that the Department has the ability to act under delegated authority of the Gateway Panel.

 

3        Council review the Local Growth Management Strategy Rural Residential land

 

Council’s local growth management strategy rural Residential Land was last amended in 2010 and at the time Council indicated it would review the strategy after 5 years which will be in 2016.

 

The strategy allowed for approximately 28 years supply of rural residential land within the short term release. The short term release was provided in the Nambucca LEP 2010. It is likely an additional release of Rural Residential land would be based upon the current construction rate and number of houses constructed since the strategy was first adopted and Council would need to determine where the additional release of rural residential land would occur. Council has been previously advised of the following potential release areas.

 

-     Consolidation of existing rural residential areas. That is, Council could choose to allow for the further subdivision of existing rural residential areas that are limited by lot size constraints. When the LEP was made existing rural residential areas not identified as part of short term release area were provided with a lot size to limit subdivision potential. As an example areas in Scotts Head, Bowraville and Valla were provided with a 2Ha minimum lot size. If included as release areas these areas could be provided with a 1HA minimum lot size;

 

-     New areas could be released that were identified as long term in the strategy and presently zoned rural; or

 

-     The severed lot provision could be considered to introduce subdivision potential to additional land in the shire;

 

NOTE:

 

Should Council treat the severed road provisions as part of the broader rural residential strategy, many landholders who have held rural residential land for some time but were excluded from the short term release may find the introduction of new provisions concerning as it could detract further from their perceived future right to subdivide.

 

For this reason it is recommended Council resolve to proceed with option 1 or 2 above and deal with the issue separately to the Rural Residential Strategy. 

 

Further, to review the strategy as suggested by the department and to complete it in a comprehensive manner addressing other lot allocation considerations would require significant resources from Council including staff time and finances to support studies such as the traffic investigation highlighted by the department.

 

 

CONSULTATION:

 

NSW Department of Planning and Environment

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Provisions enabling additional subdivision in the shire would be required to give consideration to the environmental attributes of land and its surrounds.

 

Social

 

Provisions enabling additional subdivision in the shire would be required to give consideration to the social attributes of land and its surrounds

 

Economic

 

Provisions enabling additional subdivision in the shire would be required to give consideration to the economic attributes of land and it surrounds.

 

Risk

 

The majority of submissions received during the preparation of the Rural Residential Strategy (> 100) were concerned that land they had purchased as an investment had lost its subdivision potential.

 

Should Council include additional land into the scope of the Rural Residential Strategy, landholders who had their subdivision potential deferred into the long term or had subdivision potential limited via lot size provisions would have concerns.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

According to comments from the Department a review strategy to incorporate the drafted provisions would require a traffic investigation – highlighting any issues with traffic volumes on roads under consideration.

 

Source of fund and any variance to working funds

 

NIL

 

Service level changes and resourcing/staff implications

 

A review of the Rural Residential Release Strategy was not planned for at this time and it would be difficult to allocate time to such a review given other programs presently underway. A review of the Strategy was going to be considered some time during 2016.  However no budget allocation has been allocated for supporting investigations that may be required such as a traffic assessment.

 

Staff have already allocated a significant amount of time to the preparation of the initial investigations included in this report. A significant allocation of staff time to this matter would detract from other programs and projects that have greater value to the community.

 

 

Attachments:

.  There are not attachments.

 

 


Ordinary Council Meeting                                                                                                  26 March 2015

Corporate Services

ITEM 10.1    SF251              260315         Schedule of Council Public Meetings

 

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

 

SUMMARY:

 

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

 

 

Recommendation:

 

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

 

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Access Committee

24/03/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

26/03/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

16/04/2015

Council Chambers

5.30 PM

Access Committee

28/04/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

30/04/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

14/05/2015

Council Chambers

5.30 PM

Access Committee

26/05/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

28/05/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

11/06/2015

Council Chambers

5.30 PM

Access Committee

23/06 /2015

Council Chambers

2.00 PM

Ordinary Council Meeting

25/06/2015

Council Chambers

5.30 PM

 

Note:                Argents Hill in September

                         Eungai Creek in October

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                  26 March 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF340              260315         Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 11 November 2014

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Utungun Community Centre’s Committee of Management held on 11 November 2014.  A copy of the Minutes is attached. A copy of the

Financial statement is at the end of this report.

 

Recommendation:

 

That Council endorse the Minutes of the Utungun Community Centre’s Committee of Management for the Annual General Meeting held on 11 November 2012 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Utungun Community Centre was held on 11 November 2014.

 

The Committee of Management for 2014/2015 comprises:

 

Chairperson           Libby Ussher

Vice President       Cara Gregory

Secretary               Janine Reed

Treasurer               Andrew Berry (subject to his consent)

 

 

CONSULTATION:

 

Ms Janine Reed

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current and future budgets.

 

Source of fund and any variance to working funds

 

There are implications on working funds.

 

Service level changes and resourcing/staff implications

 

There are changes to service levels or resourcing/staff implications.

 

TREASURER’S REPORT

 

 

 

 

 

Attachments:

1

7355/2015 - Minutes- AGM - 11 November 2014

 

  


Ordinary Council Meeting - 26 March 2015

Utungun Community Centre Committee of Management - Minutes of Annual General Meeting - 11 November 2014

 

Utungun Community Centre

Annual General Meeting-11th November, 2014 at Utungun Hall 7.30 pm

Present:   Gwen Green, Barry Reed, Mike Green, Councillor Elaine South, Margaret Camm, Merv Bailey, Mavis Ward, Keith Ward, Cara, John Johnson, Janine Reed, Ray Hill, Phaedra Parking, Mick Green, Peter Ussher and Libby Ussher.

Apologies: Gail and Paul Schadel, Vanessa & Tim Bekis, Deb Green,  Maureen Ward, Maude Ward.

Minutes of previous Meeting:  THAT Minutes as circulated be taken as read:

Moved by Libby Ussher  Seconded by  Gwen Green.  Carried.

Chairman’s report: Read by Janine Reed

Moved by Janine Reed  Seconded by Mavis Ward that Chairman’s Report as read be adopted. Carried.

Financial report: Moved by Acting Treasurer Janine Reed THAT the Financial Report as tabled showing a loss for the year ended 31st October, 2014 of $3,520.75 and Bank Balances totalling $ 8,044.98 be accepted with the notation that included in the loss were substantial improvements to the Hall surrounds in preparation for the 100th Anniversary Celebrations;  the purchase of a marquee and books and merchandise yet to be sold.   Seconded by  Libby Ussher.  Carried.

Election of Officers:

All positions were declared vacant

Chairman:       Libby Ussher  Nominated by:           Janine Reed   Seconded by:  Gwen Green

Vice Chairman:  Cara             Nominated by:           Libby Ussher  Seconded By:  Keith Ward

Secretary:       Janine Reed    Nominated by:           Libby Ussher  Seconded by:   Mike Green

Treasurer:      Andrew Berry (subject to his consent)

Nominated by:  Libby Ussher          Seconded by:  Janine Reed

Catering Committee:     

Gwen                     Nominated by:  Janine Reed            Seconded by:  Libby Ussher

 Dulcie                   Nominated by:   Janine Reed           Seconded by:  Peter Ussher

Sharyn                   Nominated by:   Gwen Green          Seconded by:   Janine Reed

Ray Hill                  Nominated by:  Gwen Green           Seconded by:   Barry Reed.

Subscriptions:                         MOVED  by Libby Ussher, Seconded Gwen Green THAT  Membership fees be kept at $5 per person and $10 per family.  Carried.

Hall Usage:                  MOVED  by Peter Ussher, Seconded Johnno Johnson that hall fees be as tabled.  Carried.

Meeting Closed:        8.19 pm


Ordinary Council Meeting                                                                                                  26 March 2015

Assistant General Manager Corporate Services Report

ITEM 10.3    SF335              260315         Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Talarm Hall Committee of Management and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.  

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Talarm Hall Annual General Meeting held on 11 November 2014 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Talarm Hall Committee of Management was held on Tuesday 11 November 2014.

 

The Committee of Management for 2014/2015 comprises:

 

          President                                  Geoff Brown

          Vice Presidents                        Greg Welsh and Jan Reibel

          Secretary                                  Jan Reibel

          Treasurer                                  Brooke Farnsworth

          Publicity Officer                        Carrolline Rhodes

          Publicity Officer                        Judi Lidell

Maintenance Coordinator           Brian Lidell

Maintenance Committee            Brian Lidell, Geoff Brown, Greg Welsh,

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

There are no economic implications.

 

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1

7995/2015 - Minutes of AGM - 11 November 2014 - Talarm Hall COM

 

2

8105/2015 - Financial report for AGM - 11 November 2015

 

  


Ordinary Council Meeting - 26 March 2015

Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014

 


Ordinary Council Meeting - 26 March 2015

Talarm Hall Committee of Management - Minutes of Annual General Meeting - 11 November 2014

 

 


Ordinary Council Meeting                                                                                                  26 March 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF61                260315         Professional Life Saving Services 2014/2015

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

The 2014/2015 Contract Report from Australian Lifeguard Service has been received by Council for the patrol areas of Nambucca Heads, Scotts Head and South Valla Beach.  A copy of the report is attached for Council’s information

 

The report provides statistical information on each beach patrol area relating to the following functions:

 

·      Beach usage and rescue statistics

·      First aid and preventative actions

·      Ordinance control and

·      Public relations

 

This is the second year of a five year contract with Australian Lifeguard Service.

 

 

Recommendation:

 

That Council receive and note the Season Report for 2014/2015 by Australian Lifeguard Service.

 

 

OPTIONS:

 

1        Note the report.

 

2        Consider extending life guard service through other holiday periods of spring, Easter and autumn school holidays.

 

3        Consider extending the hours of the life guard service from 9.00am to 5.00pm.

 

 

DISCUSSION:

 

Nambucca Shire Council uses the Australian Lifeguard Service to provide lifeguard services for Valla Beach, Nambucca Heads and Scotts Head beaches over the Christmas Holidays. Specifically this organisation patrols the beaches between 9.30am and 3.30pm during the following periods:

 

          Valla Beach                     22nd December 2014 to 23rd January 2015

          Nambucca Heads            22nd December 2014 to 23rd January 2015

          Scotts Head                    22nd December 2014 to 23rd January 2015

 

Nambucca Heads and Scotts Head Surf Life Saving Clubs also provide valuable volunteer hours in addition to the contracted services

 

Australian Lifeguard Service is required to provide a Contract Report at the end of the season and a copy of the 2014/2015 document is attached.  The report provides statistical information on each beach patrol area relating to the following functions:

 

·      Beach usage and rescue statistics

·      First aid and preventative actions

·      Ordinance control and

·      Public relations

 

The Nambucca Valley once again experienced reasonably favourable weather conditions over the seasons service, with an increase in attendance from the previous corresponding December/January period. Statistically the patronage is much higher when compared to the previous years:

 

          2009/10        30,977

          2010/11        23,931

          2011/12        32,499

          2012/13        39,979

          2013/14        36,366

          2014/15        43,599

 

As with previous statistics the busiest beach was Scotts Head, however there was larger increases in attendance associated with the other two beaches:

 

Beach

2010/11

2011/12

2012/13

2013/14

2014/15

Scotts Head

14,987

16562

23109

22859

23393

Valla Beach 

  5,582

  9548

7697  

7961

12286

Nambucca Heads

2,482

6389

9173

5546

7920

 

  23,931

32499

39979

36366

43599

 

During the contracted service there were 15 significant rescues (defined as Lifeguards rendering assistance to swimmers who find themselves in a difficult situation, but not imminent danger:

 

Beach

2010/11

2011/12

2012/13

2013/14

2014/15

Scotts Head

8

8

0

14

0

Valla Beach 

7

0

1

3

14

Nambucca Heads

1

2

1

0

1

 

16

10

2

17

15

 

The extension of the service through the other holiday periods has been considered by Council each year on receipt of the season report, at which time Council has maintained the resolution to remain with the 6 week contract period commencing just before Christmas to the end of January between the hours of 9.30 am to 3.30 pm.

 

 

CONSULTATION:

 

There was no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

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

 

Social

 

The service provides a public safety and education program as well as performing life saving and rescues.

 

Economic

 

The provision of safe beaches is important to holiday visitors.

 

Risk

 

The peak holiday period is December to January during the School holidays and life saving needs to be in place for that period as a minimum.

 

There is a risk of confusion when adjoining Local Government areas have different arrangements.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost for life guard services is provided in the 2014/15 budget The annual costs for the service has been progressively increasing since the implantation of the contract service. The conditions of the contract allow for an annual increase.

 

Source of fund and any variance to working funds

 

Normal arrangements included in the budget.

 

 

Attachments:

1

7942/2015 - Nambucca Season Report 2014 - 2015

 

  


Ordinary Council Meeting - 26 March 2015

Professional Life Saving Services 2014/2015

 



















Ordinary Council Meeting                                                                                                  26 March 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF2012            260315         Naming the Nambucca Heads to Kingsworth Estate Cycleway

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request to name the cycleway that connects Nambucca Heads to Kingsworth Estate as the Brian Cockbain Memorial Cycleway.

 

 

Recommendation:

 

1        That Council contact the Geographic Names Board with a proposal to name the cycleway connecting Nambucca Heads to Kingsworth Estate and Macksville, following construction, the Brian Cockbain Memorial Cycleway after:

 

a)       Contacting Mr Cockbain’s family for concurrence; and

 

b)       Community consultation by advertising the proposal in the Guardian News with submissions invited and closing after a period of 28 days.

 

2        That Council approve the naming of the cycleway from Nambucca Heads to Macksville as the Brian Cockbain Memorial Cycleway following the closure of the advertising period and subject to no objections being received.

 

 

OPTIONS:

 

Do not name the cycleway.

 

 

DISCUSSION:

 

The Nambucca Valley Cycle Club and Macksville Cycle Club have requested Council consider naming the cycleway that connects Nambucca Heads to Kingsworth Estate the Brian Cockbain Memorial Cycleway.

 

Brian Cockbain was an active member of the local community until his untimely death in July 2014.  His achievements and influence is briefly outlined in the letter of support attached.

 

The matter of naming the cycleway after Mr Cockbain was previously discussed with the Spatial Information Officer, of Geographical Names Board.  He advised that they do not approve commemorative naming of places or features within 12 months of a person’s death stating “it has previously back fired when emotive decisions have been made too soon after the persons passing and appropriate consultation has not taken place”.

 

The cycleway will eventually extend to Macksville therefore Council may want to consider naming the entire cycleway after Mr Cockbain.

 

 

CONSULTATION:

 

General Manager

Mayor

Nambucca Valley Cycle Club

Macksville Cycle Club

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact.

 

Social

 

No social impact.

 

Economic

 

No economic impact.

 

Risk

 

No risk other than offending somebody who believes there may be other people also worthy of the commemoration.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Cost of installing signs, say $300.

 

Source of fund and any variance to working funds

 

$300-400

 

Service level changes and resourcing/staff implications

 

Time to install posts and signs.

 

Attachments:

1

36011/2014 - Proposed naming of cycleway

 

  


Ordinary Council Meeting - 26 March 2015

Naming the Nambucca Heads to Kingsworth Estate Cycleway