NAMBUCCA SHIRE COUNCIL

 

Land Development Committee Meeting - 12 March 2015

COMMENCING AT 1.00 PM IN THE COUNCIL CHAMBERS

 

 

AGENDA                                                                                                   Page

 

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

Land Development Committee Meeting - 17 July 2014................................................................... 4   

4        ASKING OF QUESTIONS WITH NOTICE    

5        General Manager Report

5.1     Update on Progress with Developing the Nambucca Heads Industrial Land......................... 8    

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

6.1     Proposed Valla Urban Growth Area - Onsite Inspection

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

  

            a      Questions raised by Councillors

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

7        MEETING CLOSED TO THE PUBLIC

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

 

NEXT MEETING DATE

 

CLOSURE

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

MINUTES OF THE Land Development Committee Meeting HELD ON 17 July 2014

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Paula Flack

Cr Brian Finlayson

Cr Anne Smyth

Cr Bob Morrison

Michael Coulter (General Manager)

Cr Elaine South

Wayne Lowe (Manager Business Development)

 

 

APOLOGIES

 

Cr John Ainsworth

Cr Kim MacDonald

 

 

DISCLOSURE OF INTEREST

 

Councillor BJ Finlayson declared a non-pecuniary insignificant conflict of interest in Item 5.2 Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach under the Local Government Act.

 

 

CONFIRMATION OF MINUTES

 

 

Council adopted the minutes of the meeting on Land Development Committee meeting on 22 May 2014 at its meeting 29 May 2014.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions with Notice.

 

 

 

General Manager Report

 

ITEM 5.4      PRF72                170714      Proposed Reclassification and Rezoning of the Kingsworth Lake Reserve

Motion:      (Finlayson/Smyth)

 

1        That Council publicly notify its intention to reclassify Lot 40 DP 711098 (the Kingsworth Lake Reserve excluding the proposed land swap) from community to operational land and secure the services of a staff member from an adjoining Council to undertake the necessary public hearing.

 

2        That Council in conjunction with the reclassification in 1, support the preparation of a planning proposal to rezone Lot 40 DP 711098 (excluding the existing R5 zoned land) from RE1 Public Recreation to E3 Environmental Management with a 40 hectare minimum area requirement for subdivision.

 

3        That Council resolve that the proceeds of any sale of the residue of Lot 40 DP 711098 (after the land swap) be applied to the maintenance and reconstruction of Florence Wilmont Drive.

 

Amendment:       (Flack/Smyth)

 

That the matter be deferred to allow for an on-site inspection

 

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

 

10/14 Resolved: (Flack/Smyth)

 

That the matter be deferred to allow for an on-site inspection.

 

 

 

ITEM 5.5      SF734                170714      Request to Acquire a Small Section of Gordon Park, Nambucca Heads - Kelli & Clint Leckie

Motion:      (Morrison/)

 

That the previous recommendations from the Crown Lands Office be accepted being that the 290m2 of land be sold to the Leckies’ and the conditions and “short cut” for the sale be in accordance with annexure “A” of the Crown Lands letter dated 16 January 2014.

 

Lapsed for want of a seconder

 

11/14 Resolved: (Flack/South)

 

That Council hear from the representatives of Crown Lands, Mr Kevin Cameron and Mr Bert Hurcum.

 

Motion:      (Flack/Smyth)

 

That Council as Trust Manager recommend that an easement be granted to the Leckies for 290m2 under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that liability and all costs for the wall and easement be vested with the beneficiary of the easement.

 

Amendment:       (Morrison/Finlayson)

 

That the matter be deferred until the Leckies’ have had sufficient time to talk to Crown Lands about the matter to enable them (Crown Lands) to either support their previous recommendation or otherwise.

 

Amendment was LOST.

 

The motion was then put:

 

12/14 Resolved: (Flack/South)

 

That Council as Trust Manager recommend that an easement be granted to the Leckies for 290m2 under Section 102 of the Crown Lands Act for the purpose of constructing a retaining wall and that liability and all costs for the wall and easement be vested with the beneficiary of the easement.

 

13/14 Resolved: (Flack/South)

 

That the representatives of Crown Lands be formally thanked for their attendance at Council.

 

 

 

ITEM 5.3      SF791                170714      Proposed Land Swap - Part of Lot 40 DP 711098 and Part of Lot 63 DP 1058432, Old Coast Road, Kingsworth Estate

14/14 RESOLVED: (Morrison/Finlayson)

 

1        That Council confirm its agreement to the land exchange between part Lot 40 DP 711098 and part Lot 63 DP 1058432 at nil consideration subject to the owner of Lot 63 DP 1058432 meeting all legal, survey and transfer costs, including any stamp duty which may be payable.

 

2        That Council’s seal be attached to documents relating to the land exchange as required.

 

 

 

ITEM 5.1      SF791                170714      Industrial and Residential Land

2/14 RESOLVED:  (Finlayson/South)

 

1        That the information in the report concerning council owned land – available, developable land stocks, including unsold blocks be received.

 

2        That Council’s seal be attached to any documents relating to the sale of Lot 2 DP 1197777 being Council’s industrial land parcel in Yarrawonga Street, Macksville.

 

3        That Council’s seal be attached to any documents relating to the leasing and sale of proposed Lot 11 DP 1197778 being Council’s industrial land parcel in Railway Road, Nambucca Heads.

 

4        That council support the preparation of a tender for the development of the 13 lot residential subdivision in Hyland Park with the lots to be sold “off the plan” prior to starting the subdivision civil works.

 

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

 

 

 

Cr Finlayson advised of a non-pecuniary insignificant conflict of interest in this matter.

 

ITEM 5.2      SF791                170714      Proposed Reclassification and Sale of Part of Lot 8 DP 821952, Valla Beach Road, Valla Beach

Motion:      (Finlayson/South)

 

1        That Council give public notice of its intention to reclassify proposed Lots 2 and 3 as shown in trim document no. 18527/2014 as operational land and undertake the required public hearing in accordance with the Local Government Act 1993.

 

2        That Council lodge a development application for the proposed subdivision of Lot 8 DP 821952 as shown in trim document no. 18527/2014 with the necessary supporting information including environmental, bushfire and noise assessments.

 

3        That Council seek the assistance of an adjoining Council in undertaking the necessary public hearing and the assessment of the development application for the proposed subdivision.

 

4        That part of the proceeds of any land sale be invested in improving assets in Valla Beach and that the application of such funding be undertaken in consultation with the Valla Beach Community Association.

 

Amendment:       (Flack/Smyth)

 

That the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

 

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

 

3/14 Resolved(Flack/Smyth)

 

That the item be deferred to a future Council meeting and that there be clarification on whether a reclassification can occur without a plan of management and that the information in the report which comes back to Council include all information which Council holds on the land including on threatened species, vegetation etc.

   

 

NEXT MEETING DATE

 

The next meeting will be held on a date to be determined.

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being  5.18 pm. 

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

          


Land Development Committee Meeting                                                                              12 March 2015

General Manager's Report

ITEM 5.1      SF791              120315         Update on Progress with Developing the Nambucca Heads Industrial Land

 

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

 

Summary:

 

Summary is not required.

 

 

Recommendation:

 

That the information concerning the update on progress with developing the Nambucca Heads industrial land be received.

 

 

OPTIONS:

 

Report is for information.

 

DISCUSSION:

 

Council has entered into contracts for the sale of one of four lots, being lot 11, to the Precision Placement Group who provides scaffolding on civil engineering projects.  The contract for sale provides for completion on or before 30 June 2015 with the sale price of $245,000.  Council will also receive rent of $20,000 for the current financial year.

 

Civil works for the development of a further two lots being lots 12 and 13 are currently underway.  Works which have been or will be completed within the next month are the electrical installation, earthworks, drainage and driveways. 

 

Council was fortunate in being able to secure 3500 cubic metres of good quality compactable fill from Lend Lease.  The fill was obtained from the Highway construction at Nambucca Heads, saving Council $30,000 from importing it from another source.

 

The remaining works to be completed are the road shoulder seal and kerb and gutter.  So far Council has spent $172,000 on the development of these lots.  It is expected that Council will realise a sale price of $310,000 (plus GST) for each of the lots.  Lots 12 and 13 will be listed by a Nambucca Heads real estate agent in the near future.

 

Council still has in an undeveloped lot being the prime corner lot 14 which is on the corner of Hyland Park Road and Railway Street.  An electrical connection and drainage have been provided to this land but it still required civil earth works, road shoulder seal and kerb and gutter. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The development costs for lots 12 and 13 are being met from the property development reserve.

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

The Manager Business Development is project managing the development of the land.

 

Attachments:

There are no attachments for this report.