NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

28 May 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 - 28 May 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 - 14 May 2015...................................................................................... 6

5        NOTICES OF MOTION  

6        PUBLIC FORUM

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.................................................................................... 12

9.2     Annual Reporting of Contracts for Senior Staff................................................................ 20

9.3     Financial Assistance Grants to Local Government............................................................ 23

9.4     Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park............................................................................................................................... 26

9.5     Report on Secondary Dwellings...................................................................................... 33

9.6     DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville...................................................................................................................................... 37

9.7     World Rally 2015 - Status Report..................................................................................... 57

9.8     Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015...... 61

9.9     Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North .................................................................................. 65

9.10   Nambucca Shire Council Centenary Year 2015 - Commemorative Board Acknowledging all Councillors and Staff who Served in Centenary Year........................................................................ 147

9.11   Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 Mayl 2015 to 20 May 2015.................................................................................. 149

9.12   Youth Week 2015.......................................................................................................... 151

9.13   Council Ranger's Report April 2015................................................................................ 153

9.14   Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade.. 155

9.15   Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads .................................................................................................................................... 168

10      Assistant General Manager Corporate Services Report

10.1   Cycleway Plan Review .................................................................................................. 199

10.2   Developer Contributions Plan Review: Surf Life Saving Clubs ........................................ 212

10.3   Schedule of Council Public Meetings............................................................................. 229

10.4   Fit For the Future Submission Update............................................................................ 230

10.5   March 2015 Budget Review........................................................................................... 276

11      Assistant General Manager Engineering Services Report

11.1   Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service............................................................................................................. 279

11.2   Mid North Weight of Loads Group meeting - 9 March 2015 ............................................. 281

11.3   Coastal Public Safety Risk Assessment for the Nambucca Local Government Area......... 287

11.4   NSW Office of Water 2013/14 Triple Bottom Line Performance Report and Action Plan for Water Supply and Sewerage............................................................................................................... 292

11.5   Closure of Unformed Council Road Through Lot 189 DP 755564 - 344 Williams Hill Road Talarm 304

11.6   Tender T006/2015 for Construction of a Skate Park at Macksville Park ........................... 310

11.7   Waste Management – Coffs Coast Waste Service Regional Waste and Resource Recovery Strategy .................................................................................................................................... 312

11.8   Off River Storage Adaptive Management - River Monitoring Committtee.......................... 316    

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

12.1   Valla Growth Area - Acquisition of Employment Land

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

12.2   Tender T006/2015 Construction of a Skate Park at Macksville Park

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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

 

 

THIS MEETING WILL START AT 5.00PM

 

ITEM 11.1 - Recognition of Council and Volunteer Support Provided to Cricket Australia for the Phillip Hughes Funeral Service

 


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 14 May 2015

The following document is the minutes of the Ordinary Council meeting held 14 May 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 28 May 2015 and therefore subject to change.  Please refer to the minutes of 28 May 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

DISCLOSURE OF INTEREST

 

There were no disclosures of interest.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 April 2015

 

808/15 RESOLVED:        (South/Smyth)

 

That the minutes of the Ordinary Council Meeting of 30 April 2015 be confirmed subject to the following amendment:

 

Item 12/1 - in relation to calling for a Division the resolution should read:

 

“Upon being put to the meeting, the motion was declared carried.  Cr Hoban called for a Division seconded Cr Ainsworth.

For the Motion:               Councillors JA Ainsworth, MB Ballangarry, BJ Finlayson, PF Flack, R Hoban,

                                      B Morrison, A Smyth and ES South              (Total 8)

Against the Motion:         Nil                                                               (Total 0).

 

 

 

NOTICE OF MOTION - CR Hoban – LATE

 

ITEM 5 .1     SF2049              140515      Notice of Motion - Request for Natural Disaster Declaration (SF1862)

809/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council write to the Minister for Emergency Services, The Hon David Elliott MP, with a copy to the Member for Oxley, requesting that the flood event of April 30 to May 2 2015 affecting the Nambucca Shire LGA be declared a Natural Disaster.

 

  

 

ASKING OF QUESTIONS WITH NOTICE

 

There were questions with Notice from Cr Flack with responses from the General Manager (in italics):

 

1           Is Council aware that Rally Australia apparently intends to carry out night racing in the Newee Creek section at its next Rally this year?

I am aware from a media release that there will be a night stage in the Newee Creek section.

 

2           The letter from World Rally Australia to affected residents regarding this year’s event refers to Council support (presumably including any night racing proposal).  I am unaware that any proposal for this year’s Rally even has been put to Council.  Has there been consultation with staff?  If so, to what extent and outcome?

In relation to consultation, the process the organisers follow is different to the process we are used to.  There have been several meetings in relation to particular aspects of the event.  The meetings which I have attended or am familiar with concerned firstly options for the refuelling location in Macksville and secondly the use of the Taylors Arm Reserve.  As I was unavailable the Mayor attended a meeting in relation to the use of the Taylors Arm Reserve.  They (Rally Australia) seem not to put forward a completed proposal for consultation but, as I said, consult as they develop the proposal.

 

3           Is Council aware of any wider community consultation undertaken with regard to such a significant change in the racing plan as night racing?

I am not aware of what community consultation they have undertaken except that I know they consulted with the Taylors Arm Reserve Committee of Management.

 

4           If night racing is to occur have staff been advised of what level of environmental and social impact assessment has been undertaken?

I am not aware of what environmental or social impact assessment has been undertaken.

 

5           Is the World Rally now to be a permanent annual event?

My understanding from a media release today is that the event is secured for 2016, but its future after that is unknown.

 

6           What is Council’s contribution to this year’s World Rally event in terms of finance, road works, staff time or any other contribution?

The Manager Community Development will provide information in the report about this.  I am of the understanding our contribution and involvement is minimal.

 

 

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                140515      Outstanding Actions and Reports

810/15 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

ITEM 9.2      SF24                  140515      Annual NAIDOC Week March- Request for Waiving  Fees for Application and Events on Roads

811/15 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council waive the $134.00 Application Fee for Activities and Events on Roads.

 

2        That Council waive the $154.00 advertising free.

 

3        That Council thank the Bowraville Local Aboriginal Land Council for their assistance in organising the annual NAIDOC week march and for providing insurance for the event.

 

 

 

ITEM 9.3      LF2766               140515      Aukaka Caravan Park - Request that Council Support Partial Road Closure and Purchase

812/15 RESOLVED:        (Finlayson/Ainsworth)

 

1        That the property owner be invited to lodge a Section 138 application under the Roads Act to allow the continued occupation of the land and that this be referred to Roads and Maritime Services for their concurrence.

 

2        That the property owner be invited to lodge a road closure application for the section of land which is encroached and the concurrence of the Roads and Maritime Services be sought for this.

 

3        That the property owner be responsible for all fees and costs in relation to the Section 138 and road closure applications.

 

 

 

ITEM 9.4      SF972                140515      Work for the Dole - Valla Beach Car Park

813/15 RESOLVED:        (Ainsworth/South)

a/so

That Council note the information in relation to the “clean up” work around the North Valla car park at the bottom of Gregory Street, Valla Beach and the proposed rehabilitation work.

 

814/15 Resolved:        (Flack/Smyth)

 

That Council receive a report regarding the possibility of funding a part-time natural resources officer/volunteer supervisor and that funding such a position be considered in the next round of environmental levy.

 

 

 

815/15 Resolved:        (MacDonald/South)

 

That Council hear from the Treasurer of the Valla Beach Community Association, Mr Pete Rundle, regarding the Work for the Dole – Valla Beach Car Park (Item 9.4 above).

 

 

 

ITEM 9.5      DA2015/032        140515      DA2015/032 Assessment Report

816/15 RESOLVED:        (Ainsworth/Finlayson)

 

That this item be deferred.

 

 

 

ITEM 9.6      SF2038              140515      2015 April - Development and Complying Development Applications Received

817/15 RESOLVED:        (Ainsworth/MacDonald)

 

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

 

 

 

ITEM 9.7      SF2038              140515      2015 April - Construction And Complying Development Certificates Approved

818/15 RESOLVED:        (MacDonald/Flack)

 

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

 

 

 

ITEM 9.8      SF2038              140515      Outstanding DA's greater than 12 months, applications where submissions received not determined from 22 April 2015 to 6 May 2015

819/15 RESOLVED:        (South/Smyth)

 

That the information be noted by Council.

 

 

General Manager Report – LATE

 

ITEM 9.9      SF2070              140515      Transport for NSW Regional Boating Plan Mid North Coast Region - Priority Regional Projects Nambucca Shire

820/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council secures the Regional Boating priority projects that have been offered to Council, Council commit the funds identified in this report to the projects and also contribute the following funds to the projects in the 2016/17 and 2017/18 financial years.

 

-     $123,500 general budget over 2 years being ($61,750 2016/17 & $61,750 2017/18)

-     $36,840 s94 Open Space Contribution funds over 2 years being ($18,420 2016/17 & $18,420 2017/18)

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF2006              140515      Borrowing Program  2014-2015

821/15 RESOLVED:        (MacDonald/Morrison)

 

1        Council approves new borrowings of $300,000 for Infrastructure Works (Roads) as detailed in Council’s Delivery Program 2014-2015.

 

2        The approved terms of the loan are reducing balance loan for $300,000 for a 10 or 20 year term with a fixed interest rate and monthly repayments.

 

3        The General Manager accepts the most cost effective loan based on the requested terms.

 

4        Council authorise the Mayor and the General Manager to execute the Loan Agreement.

 

5        That in the event the successful financial institution requires the loan agreement to be executed under seal that the Council Seal be affixed to the Loan Agreement.

 

 

ITEM 10.2    SF265                140515      Purchase Cards - Repeal of Policy

822/15 RESOLVED:        (Ainsworth/MacDonald)

 

That Council delete Council Purchasing Card Policy (2676/2008) as an adopted policy of Council.

 

 

 

ITEM 10.3    SF1620              140515      Draft Operational Plan and Long Term Financial Plan

823/15 RESOLVED:        (Hoban/Ainsworth)

 

That Council resolve to place the draft 2015-2016 Operational Plan, draft 2015-16 Revenue Policy (Fees and Charges) and draft 2015-2025 Long Term Financial Plan on display for public comment and that submissions be received until 4.00 pm on Thursday 11 June 2015.

 

 

 

ITEM 10.4    SF544                140515      Developer Contributions Plan Review: Community Facilities and Public Open Space - Public Exhibition Period Approval

824/15 RESOLVEDS:      (Ainsworth/Smyth)

 

That Council approve the Draft Community Facilities and Public Open Space Developer Contributions Plan be put on public exhibition from 21 May 2015 to 18 June 2015.

 

 

 

ITEM 10.5    SF251                140515      Schedule of Council Public Meetings

825/15 RESOLVED:        (South/Ainsworth)

 

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

 

 

 

ITEM 10.6    SF1991              140515      Investment Report To 30 April 2015

826/15 RESOLVED:        (Ainsworth/Ballangarry)

 

That the Accountants’ Report on Investments placed to 30 April 2015 be noted.

 

 

 

ITEM 10.7    SF270                140515      Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors

827/15 RESOLVED:        (MacDonald/Smyth)

 

1          That Council endorse the proposed minor changes to the Policies: Payment of Fees, Expenses and Provision of Facilities for Councillors Policy; Councillor Training and Development Policy; Use of Internet and Email Policy with the exception of deleting the fax machine for the Mayor and deleting the car kit for the Mayor.

 

2          That Council confirm that remuneration will be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal.

 

3          That Council determine that the amendments are not substantial and the Policies not be placed on Public Exhibition.

 

4          That the new amended Policies replace the Policies currently on Council’s website.

 

NoteCr Morrison requested his vote be recorded against resolution 2 because it is not a good look when staff are being put off.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF818                140515      Off River Storage Project - Dam Filling Options Report

828/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council note the information provided.

 

 

 

ITEM 11.2    T001/2015           140515      Tender T001/2015 for Construction of a Sports Lighting System, Macksville Park Touch Football Fields

829/15 RESOLVED:        (Finlayson/South)

 

1        That Council accept the conforming submission for T001/2015 Construction of a Sports Lighting System, Macksville Park Touch Football Fields, from Alan Kneale Electrical 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

 

 

 

ITEM 11.3    SF453                140515      Waste Management Quarterly Report January - March 2015

830/15 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period January – March 2015.

 

    

 

ITEM 12.2    SF2006        140515         Borrowing Program 2014-15 Indicative Rate

831/15 Resolved:        (Flack/Ainsworth)

 

That the information in Item 12.2 be noted.

 

 

 

ITEM 12.3    T001/2015    140515         Tender T001/2015 Construction of a Sports Lighting System at Macksville Park

832/15 Resolved:        (Ainsworth/Flack)

 

That the information in Item 12.2 be noted.

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

 

ITEM 12.1    SF791                140515      Valla Growth Area - Acquisition of Employment Land

833/15 Resolved:        (Ainsworth/Smyth)

 

That Item 12.1 be deferred.

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.00 pm. 

 

Confirmed and signed by the Mayor on 28 May 2015.

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

          


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager

ITEM 9.1      SF959              280515         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.

 

WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study.

 

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.

 

AUGUST 2013

 

3

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.

 

Deferred until September after the budget, restructure and staffing levels settle.

 

 

NOVEMBER 2013

 

4

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.

 

Deferred until September after the budget, restructure and staffing levels settle,

 

DECEMBER 2013

 

5

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.

 

Second media release issued 20 May 2015.

 

AUGUST 2014

 

6

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.

 

 

7

SF595

28/08/14

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

 

GM

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.

 

OEH Estuary Grant application submitted in March 2015 (project value $20,000).  If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek.  A funding announcement is expected in 2015/16.

 

 

SEPTEMBER 2014

 

8

SF791

11/09/14

There is 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.

 

Council’s Surveyor currently pegging out lots.  Will be reported to meeting in May.  Enquiries with real estate agents suggest listing prices between $140,000 and $165,000.

 

 

9

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).

 

OCTOBER 2014

 

10

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.

 

 

11

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.

 

Report to Council’s meeting on 16 April 2015 concerning Pre-School.

 

 

12

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.

 

Draft PoM to be provided to Councillors and Lions Club for comment towards the end of September 2015

 

 

NOVEMBER 2014

 

13

SF2031

27/11/14

Council’s 2015/16 budget considers 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.

 

To be reported in May 2015.

 

14

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

 

15

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.  As at 31/3/15 no response from CHCC.

 

To be reported in June 2015.

 

 

16

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.

 

Council has secured $241,340 in funding under the National Stronger Regions Fund (NSRF) Round One.  An enquiry has been made in relation to the possibility of additional State funding under the Country Towns Water & Sewerage Program but the advice received is that the program is fully committed and there is zero possibility of funding being made available.

 

 

17

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.

 

Funding application successful.  Report in July 2015.  Consideration being given to financing options.

 

 

JANUARY 2015

 

18

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 sent in due course.

Copy of the response provided to Councillors 20 May 2015

 

 

19

SF1541

29/01/15

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

 

GM

Report April 2015

 

Will incorporate requested report from meeting on 16 April concerning secondary dwellings.  Deferred until May.

Further deferral until June.

 

 

20

SF674

29/01/15

That Coffs Harbour City Council is 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.

 

A report on updated proceedings will be presented to the 28 May 2015 Council meeting.

 

FEBRUARY 2015

 

21

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.

 

Refer to related resolution of 30 April 2015.

 

22

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

 

23

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

 

Follow up letter written 21/05/15

 

 

 

24

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

 

25

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

 

26

SF2049

26/03/15

Council write to the Premier of NSW expressing Council’s support for the recommendations resulting from the Law and Justice Committee’s Inquiry into the Bowraville murders and asking that they be implemented as a matter of urgency.

 

GM

Letter signed by Mayor and sent on 30/03/15

 

27

SF904

26/03/15

That a report be prepared on the implementation of the recommendations from the Coastal Public Safety Risk Assessment for the Nambucca LGA.

 

AGMES

Report to May Council Meeting.

 

 

 

APRIL 2015

 

28

2015/003

16/04/15

That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.

 

GM

Report to May Council meeting.

 

29

SF848

16/04/15

That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.

 

AGMCS

Report to June Council meeting

 

30

SF2049

30/04/15

Council receive a report on the use of motels for long term accommodation addressing such issues as the maximum length of stay, any required facilities for longer term accommodation and the details of any inspection regimes or compliance checks.

 

GM

Report to June Council meeting

 

31

SF2049

30/04/15

Council write to the NSW Attorney General seeking details of the number of parolees rehomed in the Nambucca Valley, the support provided for such people and the reason they are sent to an area with such high levels of unemployment, limited housing opportunities and minimal public transport.

 

GM

Letter sent 6/05/2015

 

32

SF959

30/04/15

That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council’s questions regarding fishing matters in the Nambucca River … as listed in Council’s letter on 19 February.

 

GM

Letter sent 6/05/2015

 

33

SF1480

30/04/15

That the matter (transfer of encroachment licence from Shibba to Dennien) be deferred to the next Council meeting so the terms of the licence can be included in the report.

 

GM

Awaiting Crown Lands forwarding revised licence agreement.

 

34

2008/242

30/04/15

There be a further report to Council on a policy for the deferred payment of contributions as suggested and that it include a worked example of a Deed of Agreement for Mr Kerr’s subdivision for possible adoption by Council.

 

GM

Awaiting drafting of Deed of Agreement.

 

Draft deed submitted 20 May 2015.  Report in June 2015.

 

MAY 2015

 

35

SF2049

14/05/15

That Council write to the Min. for Emergency Services, David Elliott (cc Member for Oxley) requesting that the flood event April 30 to May 2 be declared a Natural Disaster.

 

GM

Letter sent 20 May 2015.

 

36

SF972

14/05/15

That Council receive a report regarding the possibility of funding a part-time Natural Resources Officer/Volunteer Supervisor and that funding such a position be considered in the next round of the environmental levy.

 

GM

Report August 2015

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager

ITEM 9.2      SF839              280515         Annual Reporting of Contracts for Senior Staff

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Section 339 of the Local Government Act requires that the General Manager must, at least once annually, report to the Council on the contractual conditions of senior staff (ie by 30 June).

 

The General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services are Council’s designated senior staff positions.

 

 

Recommendation:

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

Section 339 of the Local Government Act requires that the General Manager must, at least once annually, report to the council on the contractual conditions of senior staff (ie by 30 June).

 

There is no other information as to what actually has to be reported but the Division of Local Government in its Better Practice Review Program indicates that better practice is for the report to contain:

 

·      A list of senior staff

·      The specific term of each contract and when it was entered into

·      The value of the remuneration package and any variations that have been made in the past year or which are proposed for the ensuing year

·      The timing and outcome of any performance assessments that were undertaken

·      A copy of any performance agreement entered into for the current year and/or proposed for the ensuing year, and

·      Details of any other “material” matters.  These could include any requirement for the General Manager or other senior staff member to advise if she/he is seeking an extension of the current contract or reappointment for a further term and similarly, any requirement for the Council to advise the General Manager/senior staff member of any intention not to renew their appointment and/or readvertise the position.

 

The following information is provided in response to these “dot” points.

 

Senior Staff

 

Mr Michael Coulter, General Manager

Mr Paul Gallagher, Assistant General Manager Engineering Services

Mr Scott Norman, Assistant General Manager Corporate Services

 

Contract Term and Date Entered Into

 

General Manager – contract commenced 1 April 2011 for a 5 year term

 

Assistant General Manager Engineering Services – contract commenced 10 January 2011 for a 5 year term

 

Assistant General Manager Corporate Services - contract commenced 23 September 2013 for a 5 year term

 

Value of the Total Remuneration Package (TRP) and any variations made in the past year

 

General Manager - $219,922.85.  The TRP was increased by 2.5% on 1 April 2015.

 

Assistant General Manager Engineering Services - $181,249.39.  The TRP was increased by 2.5% on 10 January 2015.

 

Assistant General Manager Corporate Services - $167,969.83.  The TRP was increased by 2.5% on 23 September 2014.

 

Variations to the TRPs were made in accordance with Clauses 8.3 and 8.5 of the Office of Local Government’s Standard Contract of Employment for General Managers and Senior Staff.

 

The Timing and Outcome of any Performance Assessments

 

General Manager – performance assessment undertaken on 16 April 2015 – outcome “satisfactory”.

 

Assistant General Manager Engineering Services  – performance assessment undertaken on 15 January 2015 – outcome “satisfactory”.

 

Assistant General Manager Corporate Services – performance assessment undertaken on 24 October 2014 – outcome “satisfactory”.

 

 

Copy of Performance Agreements

 

The performance agreements are largely standard templates with a large number of management objectives and performance measures.  Of most significance are the priorities for the ensuing year. 

 

The agreed priorities for the General Manager are:

 

·   More timely staff responses to written correspondence

·   Progression with Council’s Internal Audit processes

·   Development of a rating strategy

·   Further development of Council’s website

 

The agreed priorities for the Assistant General Manager Engineering Services are:

 

·      Reviewing organisation structure/levels of service to reduce operating expenditure

·      Liaising in relation to possible establishment of Joint Organisations

·      Arrangements for maintenance grading

·      Continuing to develop asset management and QA (quality assurance?)

 

The agreed priorities for the Assistant General Manager Corporate Services are:

 

·   Develop strategic corporate and financial planning objectives that reflect the reasonable expectations of the community and support Council’s decision making processes

·      Sustain a high level of customer satisfaction through consistent quality service delivery

·      Implement cost effective information technology

·      Develop business services unit

·   Continuous improvement – undertake reviews of functions and processes in Corporate Services to improve efficiency and effectiveness.

 

Other Material Matters

 

The General Manager has expressed an interest in the renewal of his contract and at Council’s meeting on 16 April 2015 it was resolved to advise the General Manager that Council wishes to enter into a future employment contract with him.

 

The Assistant General Manager Engineering Services has advised that he intends to seek a renewal of his employment contract.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are no particular risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.  The remuneration packages are listed in the report.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.3      SF1856            280515         Financial Assistance Grants to Local Government

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council make representations to the Member for Cowper seeking the restoration of Financial Assistance Grants indexation.

 

2        That LGNSW and the ALGA be provided with a copy of Council’s correspondence.

 

 

OPTIONS:

 

Council can choose whether or not it wishes to make representations about the FAGs freeze.

 

 

DISCUSSION:

 

Council has received the attached letter from Local Government NSW (LG NSW) and the Australian Local Government Association (ALGA) seeking Council’s support in the fight to restore indexation to the Financial Assistance Grants (FAGs) from the Commonwealth Government.

 

The Financial Assistance Grants are untied grants and are a vital part of Local Government’s revenue base, allowing the provision and maintenance of community infrastructure such as local roads, swimming pools and libraries.  In general terms the FAGS are more significant in proportionate terms for smaller councils than larger councils.

 

Council will recall that in the Commonwealth Government’s 2014 budget it was decided to freeze indexation for this critical funding source for three years.  This will result in a permanent base reduction of about 13% once the freeze ends.

 

LG NSW and the ALGA indicate that the five councils comprising the Cowper electorate will see an electorate wide loss in funding of up to $11.65 million by the time the freeze ends in 2017-18.  For Nambucca Shire Council they estimate that the freeze will mean a loss of $1.4 million in revenue by 2017-18.

 

It is agreed that this loss of revenue will impact on the quality of the services and infrastructure which Council can provide.  The loss may have been more manageable if Council was not also subject to the strictures of rate pegging.  In real terms the lengthy process which Council undertook to secure a Section 508A special rate variation for three years commencing in 2014/2015 will be largely, if not entirely undone by the FAGS freeze.  The actual outcome will depend on the rate peg determinations for the next two years.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

To the extent that the FAGs funding could have been applied to environmental work there will be a negative impact on the environment.

 

Social

 

Again to the extent that the FAGs funding could have been applied to community development, there will be a negative impact on social issues.

 

Economic

 

There is no significant economic impact.

 

Risk

 

There are no risks in making representations about the matter.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As indicated the freeze on FAGs indexation will have a significant impact on Council’s future budgets.  LGNSW and the ALGA estimate that by 2017-18 Council will have lost $1.4m in revenue.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant resourcing implications in relation to the recommended action.

 

Attachments:

1

12051/2015 - LGNSW and ALGA request

 

  


Ordinary Council Meeting - 28 May 2015

Financial Assistance Grants to Local Government

 


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.4      SF2094            280515         Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning the proposed development and sale of the 13 lot subdivision of Lot 22 DP 1036142 Treleaven Street, Hyland Park be received.

 

 

OPTIONS:

 

Council could resolve to proceed with the development and vary its budget and seek the necessary finance to undertake the development.

 

DISCUSSION:

 

Council owns Lot 22 DP 1036142, Treleaven Street, Hyland Park being 1.58 hectares of land zoned General Residential R1.  Council has an approved 13 lot subdivision of the land which has achieved substantial commencement as a consequence of the preparation of engineering designs and work undertaken on site.  A cadastral plan showing the land is attached.  A zoning plan is also attached.

 

Council has now received an appraisal of the value of the developed lots from Roberts Nambucca Real Estate.  The appraisal is attached.

 

The suggested listing price for the lots is as follows:

 

Lot 1            $140,000

Lot 2            $140,000

Lot 3            $135,000

Lot 4            $165,000

Lot 5            $170,000

Lot 6            $170,000

Lot 7            $170,000

Lot 8            $150,000

Lot 9            $150,000

Lot 10                   $150,000

Lot 11                   $145,000

Lot 12                   $150,000

Lot 13                   $155,000

 

Therefore the suggested gross yield would be $1,990,000.

 

Detailed estimates of development costs have not been undertaken but based on recent subdivision work it is suggested that they would be in the order of $800,000 to $900,000.

 

Council does not have funding available in its property development reserve to undertake the proposed subdivision meaning that it would be required to borrow funds to undertake the development.  It is now very late in the budget cycle and Council’s “Fit for the Future” submission to make provision for such a large borrowing.  Accordingly it is proposed that a decision to proceed with the subdivision be deferred.

 

Council will be better placed to proceed with the subdivision following further sales of its industrial land at Nambucca Heads.  Presuming interest rates remain low, with the scheduled completion of the Nambucca Heads to Urunga Pacific Highway upgrade in late 2016 (weather permitting), the values quoted by Roberts Nambucca Real Estate should at least remain firm and may increase.

 

CONSULTATION:

 

There has been consultation with the Manager Business Development and the Assistant General Manager Corporate Services.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

The additional residential lots will be positive to the local economy.

 

Risk

 

The risks in developing the land mainly relate to obtaining sales in a short period so as to minimise the holding costs of any finance.  This risk can be minimised by using less finance to undertake the development.  There are also risks related to unanticipated development costs. 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation does not impact on current and future budgets.  However provision will need to be made in a future budget for the funds to undertake the subdivision.

 

The additional 13 residential lots would increase Council’s rate base and have a positive impact on revenue.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no resourcing/staff implications.

 

Attachments:

1

14359/2015 - Hyland Park Cadastral

 

2

14360/2015 - Hyland Park Zoning

 

3

14378/2015 - Hyland Park Lot Values

 

  


Ordinary Council Meeting - 28 May 2015

Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

 


Ordinary Council Meeting - 28 May 2015

Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

 


Ordinary Council Meeting - 28 May 2015

Proposed Development & Sale of 13 Lot Subdivision - Lot 22 DP 1036142, Treleaven Street, Hyland Park

 




Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.5      SF1699            280515         Report on Secondary Dwellings

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

At the request of Council, this report provides a summary of the history of the development standard for secondary dwellings contained within clause 5.4 (9) of the Nambucca Local Environmental Plan 2010 (NLEP); its purpose and operation within the Nambucca Shire since Council amended the clause on 14 December 2012; the inability to vary the clause; and an outline of what other NSW Councils have included within the same clause of their local environmental plans.

 

The report also highlights the need for a future amendment to the NLEP to clarify the permissibility of secondary dwellings within the R5 Large Lot Residential zone and to make detached dual occupancies permissible within the RU1 Primary Production and RU2 Rural Landscape zones. It also provides a recommendation to amend Councils developer contribution plans to include a waiver for eligible secondary dwelling developments in an attempt to create positive outcomes for the community without resulting in significant economic impacts on Councils delivery of services.

 

Recommendation:

 

1.       That Council note the current operation of clause 5.4 (9) of the Nambucca Local           Environmental Plan 2010.

 

2.       That Council await a future planning proposal to be presented to consider including secondary dwellings within the land use table for the R5 Large Lot Residential zone and detached dual occupancies within the land use table for the RU1 Primary Production and RU2 Rural Landscape zones under the Nambucca Local Environmental Plan 2010.

 

3.       That staff prepare amended Water Supply and Sewerage Development Servicing Plans and Section 94 Contribution Plans for Councils consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

 

 

 

DISCUSSION:

At its meeting on 16 April 2015 Council made the following resolution:

 

That Council receive a report on a review of the LEP in regard to secondary dwellings, granny flats and primary dwellings.

 

History of the Secondary Dwelling Standard

A secondary dwelling is defined as follows:

secondary dwelling means a self-contained dwelling that:

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

 

Clause 5.4 (9) of the Nambucca Local Environmental Plan 2010 (NLEP) states that:

 

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

(a)  60 square metres,

(b)  50% of the total floor area of the principal dwelling.

 

The above clause was included within the NLEP on 14 December 2012 after Council sought approval for an amendment from the NSW Department of Planning and Infrastructure to the original clause. The amendment was sought because the original clause allowed secondary dwellings to be 100% of the total floor area of the principal dwelling.

 

Council’s reason for requesting the amendment to reduce a secondary dwellings floor area to 50% of the principle dwelling was because it was considered that allowing the secondary dwelling to have a floor area which matched that of the principal dwelling would not achieve the objectives of the secondary dwelling provisions, which are to provide alternative forms of affordable housing, and it would allow quasi detached dual occupancy development in zones where they are prohibited.

 

Furthermore, the above mentioned amendment to the NLEP on 14 December 2012 also made secondary dwellings permissible within the RU1 Primary Production and RU2 Rural Landscape Zones.

 

Summary of Development Applications for Secondary Dwellings Lodged with Council

Since Council made the above mentioned amendment to the NLEP, 13 development applications for secondary dwellings have been received and subsequently approved by Council, with most being located within the Rural Zones and the R5 Large Lot Residential zone.

 

Overall, the secondary dwelling standard has been well received by the community as it provides land owners within the RU1 Primary Production and RU2 Rural Landscape Zones the opportunity to erect an additional detached dwelling on their land, as detached dual occupancies (two dwellings of any size) are prohibited in those zones. It is to be noted that many people do express their contempt with the floor space control when they are looking to construct a detached dwelling on a large rural allotment.

 

Of the 13 development applications approved by Council, only 2 received objections from members of the community. The common theme of these objections were amenity impacts such as visual, privacy, and noise; as well as traffic impacts, effluent disposal and compliance with development controls such as floor area.

 

It is to be noted that potential impacts of proposed secondary dwellings such as those mentioned above are the same impacts which require assessment for the construction of a single dwelling house on an allotment of land. Generally speaking, ensuring all dwellings have appropriate setbacks, building separation, orientation, and landscape/topography screening which are consistent with that of surrounding development and the Nambucca Development Control Plan 2010; it is considered that any potential adverse impacts on adjoining properties or the character of the area will be avoided. In all of the 13 development applications received for secondary dwellings, it is considered that this was achieved.

 

Secondary dwellings can provide positive outcomes such as affordable alternative accommodation for ageing rural property owners who wish to retain a rural lifestyle, low cost accommodation to supplement the income of land owners who rent out the second dwelling, seasonal accommodation for farm workers, reducing unnecessary subdivision of rural land, and minimising the number of illegal dwellings which result in Council needing to take regulatory action.

 

Regional Development Australia (RDA) have recognised the import role secondary dwellings play in providing affordable housing within our area through the development of their affordable housing promotion; which is a six month agreement with participating financial institutions to reduce the rates and fees associated with building a secondary dwelling on the Mid North Coast between Taree and Coffs Harbour.

 

It is considered that Councils current planning controls are sufficient to ensure the development of secondary dwellings will not result in any significant impacts on the natural, social or economic environments of the locality in which they are located. As such, it is considered that Council should continue to encourage the development of secondary dwellings within the shire.

 

In order to improve on this, it is recommended that Council seek to amend the NLEP by making secondary dwellings permissible within the R5 Large Lot Residential zone. Currently the erection of secondary dwellings within the R5 zone is reliant on being permissible under the State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP). This results in confusion amongst those people enquiring whether or not it is permissible to erect a secondary dwelling on land within the R5 zone as most are unaware that the SEPP exists. Staff will be reporting to Council in the near future seeking approval to proceed with a number of ‘housekeeping’ amendments to the NLEP. Discussion regarding the above amendment to the permissibility of secondary dwellings within the R5 zone will be included within that report for Councils consideration.

 

Can the Secondary Dwelling Standard be Varied

As outlined in clause 1.9 of the NLEP, the State Environmental Planning Policy No 1—Development Standards does not apply to land within the Nambucca Shire. The only way development standards within the NLEP can be varied is by applying clause 4.6 of the NLEP. In accordance with clause 4.6 (8) of the NLEP, a development standard within clause 5.4 (which includes the maximum floor area requirements for secondary dwellings) cannot be varied.

 

What other Councils are Doing

A large percentage of other Councils within NSW have a maximum floor area of less than 50% of the total floor area of the principal dwelling for secondary dwellings included within clause 5.4 (9) of their local environmental plans. With regards to surrounding mid-north coast Councils the following percentage has been adopted:

 

·      Clarence Valley – 18%

·      Coffs Harbour – 11%

·      Bellingen – 25%

·      Kempsey – 30%

·      Port Macquarie – 33%

 

It is to be noted that the adopted percentages are not mandatory and are subject to the discretion of each Council. Given that our secondary dwelling standard has been successfully implemented and on a whole, welcomed by the community, it is not considered that Council should consider reducing its maximum permissible floor area of secondary dwellings from 50% of the principal dwelling.

 

Instead, it is recommended that Council consider amending the NLEP by making detached dual occupancies permissible within the RU1 Primary Production and RU2 Rural Landscape zones. It is considered that such an amendment would result in the same positive outcomes as secondary dwellings, while allowing landowners greater freedom in the development of their land. It is to be noted that potential impacts on the natural, social, and economic environments associated with the construction of a detached dual occupancy is no different to that of a secondary dwelling; all of which would be considered by Council prior to determining the development application. Discussion regarding this recommended amendment will be included within the above mentioned NLEP amendment report for Councils consideration in the near future.

 

It is also noted that other Councils such as Lismore, Ballina, Tweed, and Byron have amended their developer contribution plans to waive the requirement for the payment of developer contributions for secondary dwellings which meet specified eligibility criteria. For the above Councils, their eligibility criterion for a developer contributions waiver includes:

·      The secondary dwelling must have a floor area less than 60m².

·   The secondary dwelling must not increase the total number of bedrooms on the site to greater than five (5), the number of water closets to greater than three (3) and the laundries to greater than (2).

·      The secondary dwelling is not existing and unapproved.

·      The site is serviced by a Council operated sewer.

·      The floor space ratio of the principle and secondary dwellings does not exceed 0.5:1.

 

The above eligibility criteria was set to ensure that those secondary dwellings which received a waiver for development contributions did not have increased water demand or sewer flows from the sites on which they are located.

 

In order to promote the development of secondary dwellings within the shire, it is recommended that Council support an amendment to Councils Development Servicing Plans for Water Supply and Sewage, as well as Councils relevant Section 94 Contribution Plans, to include a waiver for the construction of secondary dwellings which meet eligibility criteria such as that outlined above.

 

It is considered that such an amendment would ensure that Council will not be financially disadvantaged because the demand for Council services would not be increased any more than a standard equivalent tenement, which is already attributed to the relevant lot as a result of the primary dwelling.

 

Furthermore, in addition to the positive outcomes mentioned above with regards to secondary dwellings, such an amendment would also increase the potential for development/employment within the shire as a result of reduced construction costs.

 

CONSULTATION:

 

Strategic Town Planner

Senior Health and Building Surveyor

Area Health and Building Surveyor

Manager of Sewer and Water

 

SUSTAINABILITY ASSESSMENT:

 

Environment

N/A

 

Social

N/A

 

Economic

N/A

 

Risk

N/A

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.6      DA2015/032      280515         DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

 

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

 

Summary:

 

The proposed development comprises a 25 lot subdivision of Lot 208 DP 755537- Gumbayngirr Road, South Arm. The site is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council and currently contains 26 dwellings, a child care centre, and a constructed access road named Dotti Close.   The plans of the proposed development are attached.  A schedule of proposed conditions is attached.

 

The application has been notified and assessed in accordance with the Environmental Planning and Assessment Act 1979 and is recommended for approval subject to appropriate conditions.

 

It is the applicant’s intent is to provide options for its members with regards to long term leasing and home ownership of the proposed allotments.  As stated by the applicant, the Bowraville Local Aboriginal Land Councils members consist of people/families with very low, low, and moderate incomes. There is concern in relation to the possible transfer of properties once the subdivision is registered. Such transfers could be to people who are unable to pay their rates to Council, resulting in Council having to commence legal proceedings for the payment of the rates and ultimately the sale of land for unpaid rates.

 

This concern was raised by the General Manager in the initial meeting which discussed the proposal for the subdivision of the “Missions” in February 2013.  A copy of the meeting notes from that initial discussion is attached.

 

The General Manager was advised that the proposal for the subdivision of the former Aboriginal Reserves and Missions was an initiative of the Commonwealth Government when the Hon. Kevin Rudd was Prime Minister.  It is understood that the Commonwealth Government have funded the various consultancies which have been required to develop the subdivision plans for their lodgement with Councils.

 

The rationale for the initiative was explained in social justice terms in that the existing tenants should have the same opportunities as other Australians to live in conventional subdivisions with street numbers and postal services.  The potential risk for Council is that the practical outcome of the well intentioned initiative may be the transfer of responsibility for collecting rates from the relevant Local Aboriginal Land Council and the NSW Aboriginal Land Council to Nambucca Shire Council.  Such an outcome would amount to cost shifting.

 

Whilst it is not considered that the potential for the above mentioned transactions are a reason for refusal of the development application under the Environmental Planning and Assessment Act 1979, it is recommended that the Bowraville Local Aboriginal Land Council be advised of the potential impacts of transferring land.

 

Given the potential social and financial issues, it was deemed inappropriate to determine the application under delegated authority.  Hence the application has been referred to Council for determination.

 

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

 

 

Recommendation:

 

1        That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2015/032 for a 25 lot subdivision of Lot 208 DP 755537 - Gumbayngirr Road, South Arm, subject to the schedule of conditions outlined in an attachment to this report.

 

2        That the Bowraville Local Aboriginal Land Council be advised that prior to the transfer of ownership of any lots that consideration be given to:

 

a.       the merits of the Bowraville LALC continuing to own housing which it can continue to make available to Aboriginal people.

 

b.       the on-going ability for any new owners to pay rates to Nambucca Shire Council, as failure to pay may ultimately result in Council selling the land for unpaid rates.  If this were to occur the stock of housing available to Aboriginal people may diminish.

 

 

 

OPTIONS:

 

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

 

(b) Refuse consent to the development application.

 

DISCUSSION:

 

The subject site is located at Gumbayngirr Road, South Arm and is legally known as Lot 208 DP 755537. The site is located within the RU5 Village zone and is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council. It currently contains 26 dwellings, a former child care centre, a formed access road named Dotti Close, and large areas of cleared and forested land.

Locality Plan

 

The proposed development includes a 25 lot subdivision of the subject site. It is proposed to locate the dividing boundaries in the location of existing fences so that lot 1 contains multi dwelling housing (4 dwellings in 2 buildings), lots 2-23 each contain a dwelling house, lot 24 contains the former child care building and lot 25 is a vacant residue allotment. A copy of the plans of the proposed development can be found in the attachment.

 

The applicant’s intent is to provide options for its members with regards to long term leasing and home ownership, as well as to transfer ownership of infrastructure to Council (Dotti Close, water, sewer, stormwater lines). 

 

Subject to the recommended conditions of consent, 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

 

Due to the proposed development being for the subdivision of existing dwellings with modified sites and surroundings, it is not considered that the proposal will have any significant impacts on threatened species, populations, communities or their habitats.

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 maintain the existing character of the village.

 

4.1 – Minimum subdivision lot size

The proposed subdivision is consistent with this clause because all proposed allotments exceed the 450m² minimum lot size.

 

4.4 - Floor space ratio

The proposed subdivision is considered to be consistent with this clause because the existing buildings on the land will not exceed the 0.55 maximum FSR on the proposed allotments.

 

5.10 – Heritage Conservation

The applicant (Bowraville LALC) has stated that there may be Aboriginal objects in the southern portion of the site. While this may be the case, such objects are not an Aboriginal place of significance as defined by the LEP because they have not been identified in an Aboriginal heritage study adopted by Council after public exhibition. As stated by the applicant, the proposed subdivision will not result in any disturbance to potential Aboriginal objects on the southern portion of the site. Having regard to this, development consent is not required under this clause and an Aboriginal heritage study was not requested from the applicant.

 

7.4 - Public utility infrastructure

Reticulated water, sewer, and electricity are already available to the proposed allotments. Councils Development Engineer has assessed the proposal and considers it to be satisfactory subject to the inclusion of the recommended conditions of consent.

 

7.6 - Earthworks

The required 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 land is not considered to be contaminated because there are no known previous uses or activities on the site that would have resulted in any contamination of the land and the proposal does not include a change of use of the land (existing residential).

While there could be potential for contamination in sections of the southern part of lot 25 as a result of the former landfill on an adjoining property, it is considered that the site is suitable for the proposed development in its current state because the proposal will not result in any disturbance or change in land use patterns within potentially affected areas. For this reason it is not considered that testing is required as part of the proposal as it should be done as part of any future development on that land.

 

·      State Environmental Planning Policy No 44 - Koala Habitat Protection

 

Due to the cleared and developed nature of the site it is not considered to contain potential koala habitat.

 

(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. One submission was 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.

 

Subdivision (Part B)

Considering the location of the existing buildings and roads on the site and the zoning of the land, it is considered that the proposed subdivision is the most appropriate having regard to the controls within this Part.

The proposed subdivision includes the dedication of Dotti Close to Council as a public road. Councils Manager of Technical Services has assessed the proposal and is satisfied that subject to the recommended conditions of consent, the infrastructure being transferred into Councils control will be of an acceptable standard.

All lots will be connected to reticulated sewer, water, stormwater, and electricity; with conditions recommended for the creation of easements over the relevant sections of these utilities.

Dotti Close does not have a footpath. To ensure the proposal complies with clause B2.4.1 which is consistently applied on all residential subdivisions, it is recommended that a footpath be constructed along Dotti Close which connects to the existing footpath within Gumbayngirr Road.

The existing dwellings on the site and Dotti Close were approved as part of a cluster housing development. A footpath was not required in Dotti Close as part of that approval because it was located within private land. However; the construction of the existing footpath along the sites frontage to Gumbayngirr Road was required as part of that approval to provide adequate pedestrian access in public areas.

With Dotti Close being dedicated as a public road, it is not considered that variance to this control can be justified having regards to the objectives of the clause or the existing condition of the proposed road verges.

 

Car Parking (Part C)

The proposed subdivision will not impact the compliance of the existing developments on the site with this Part.

 

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.

 

(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

 

There are no relevant matters prescribed by the regulations.

 

(v) Any coastal zone management plan

 

The Coastal Zone Management Plan for the Nambucca Shire Coastline does not apply to the proposed development.

 

(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 subdivision will result in any significant impacts on the natural or built environments or any social or economic impacts on the locality because it will not result in any works which will adversely impact the existing character of the area while it will promote improved management of the land.

 

Comment by General Manager

 

As stated by the applicant, the Bowraville Local Aboriginal Land Councils members consist of people/families with very low, low, and moderate incomes. There is concern in relation to the possible transfer of properties once the subdivision is registered. Such transfers could be to people who are unable to pay their rates to Council, resulting in Council having to commence legal proceedings for the payment of the rates and ultimately the sale of land for unpaid rates.

 

This concern was raised by the General Manager in the initial meeting which discussed the proposal for the subdivision of the “Missions” in February 2013.  A copy of the meeting notes from that initial discussion is attached.

 

The General Manager was advised that the proposal for the subdivision of the former Aboriginal Reserves and Missions was an initiative of the Commonwealth Government when the Hon. Kevin Rudd was Prime Minister.  It is understood that the Commonwealth Government have funded the various consultancies which have been required to develop the subdivision plans for their lodgement with Councils.

 

The rationale for the initiative was explained in social justice terms in that the existing tenants should have the same opportunities as other Australians to live in conventional subdivisions with street numbers and postal services.  The potential risk for Council is that the practical outcome of the well intentioned initiative may be the transfer of responsibility for collecting rates from the relevant Local Aboriginal Land Council and the NSW Aboriginal Land Council to Nambucca Shire Council.  Such an outcome would amount to cost shifting.

 

Also, once the land is transferred from the ownership of the Bowraville Local Aboriginal Land Council there is no certainty that it will continue to be available for use by Aboriginal people.  The Bowraville LALC need to carefully consider what their future role will be and whether or not they should be divesting themselves of housing and particularly if it is not going to be replaced with other housing stock.

 

(c)      the suitability of the site for the development

 

Having regard to the zoning, the existing development on the land, and the recommended conditions of consent; it is considered that the site is suitable for the proposed development.

 

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

 

One public submission was received during the notification of the development application with the following matters raised:

 

Summary of Matters Raised in Submissions

Reporting Officers Comment

Support for the application in principle; however, part of lot 25 encompasses Councils previous garbage depot. The application does not identify this previous use or describe it as a potentially contaminated site. The zoning of lot 25 is RU5 and the sustainability of the site for future development poses a hazard and risks to community members now and into the future if subsequent development or remediation of the site is required.

The former Bowraville land fill site was located on the adjoining allotment to the east (Lot 56 DP755537) which was accessed via the road which dissects the southern portion of lot 25. As discussed earlier in this report, it is considered that the site is suitable for the proposed development in its current state because the proposal will not result in any disturbance or change in land use patterns within potentially contaminated areas.

 

(e)      the public interest

 

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

 

Section 94 - Contribution towards provision or improvement of amenities or services

 

The applicant believes that levying section 94 contributions on the proposed development would be unreasonable because its purpose is to formalise existing development on the site and does not increase the demand for any public infrastructure or services.

 

While it is agreed that contributions should not be charged for the proposed allotments containing the existing buildings on site as contributions have already been paid for those buildings, the proposal will result in the creation of an undeveloped allotment (lot 25) which is subject to a contribution in accordance with the plans listed below. Applying contributions in this instance would be no different to applying contributions to any other residential subdivision which creates additional lots. However, if lot 25 were to be consolidated with one of the other proposed lots, contributions would not be payable.

 

The applicant has stated that they are willing to accept a condition of consent requiring a restriction on title in favour of Council prohibiting the erection of a dwelling on lot 25 without the consent of Council. However, this is not an effective way of ensuring contributions will be paid for future development on the land because such a restriction does not apply to development approved under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and it is a common assumption from those issuing complying development certificates that contributions are paid at subdivision stage as required by Councils contribution plans, which will result in the likelihood of conditions relating to the payment of contributions being overlooked.

 

As such, a condition has been included within the recommended conditions of consent requiring the applicant to either consolidate lot 25 with one of the other proposed lots or the payment of the following contributions for the additional undeveloped allotment in accordance with the relevant contribution plan:

 

Development Contribution Plan

Contribution Amount

Community Facilities and Open Spaces

1 lot x $1,956 = $1,956

Surf Lifesaving Equipment

1 lot x $110 = $110

Administration 

10% of the above contributions = $206.60

 

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 applicant put the same case forward for waiving these contributions as for the section 94 contributions. For the reasons outlined above, a condition has been included within the recommended conditions of consent requiring the applicant to either consolidate lot 25 with one of the other proposed lots or the payment of the following contributions for the additional undeveloped allotment in accordance with the relevant contribution plan:

 

Development Servicing Plan

Contribution Amount

Water Supply

1 lot x $12,358 = $12,358

Sewerage

1 lot x $6,938 = $6,938

 

 

CONSULTATION:

 

As discussed above, the application was notified to adjoining owners and advertised in accordance with Part A of the Nambucca Development Control Plan 2010. Furthermore, general terms of approval have been issued by the NSW Rural Fire Service for the development as required by section 91A of the Environmental Planning and Assessment Act 1979; with no objections received from Councils Manager of Technical Services subject to the inclusion of the recommended conditions of consent.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposal will result in any significant impacts on the natural environment because it will only result in the subdivision of land around existing buildings, with the only physical works resulting from the development being upgrade works to existing infrastructure prior to being dedicated to Council. Appropriate pollution mitigation measures have been included within the recommended conditions of consent.

 

Social

 

As stated earlier, the development site is a former Aboriginal reserve owned by the Bowraville Local Aboriginal Land Council. It currently contains 26 dwellings which are used to provide affordable housing to people living in very low, low, and moderate income households. The applicant’s intent is to provide options for its members with regards to long term leasing and home ownership, as well as to transfer ownership of infrastructure to Council (Dotti Close, water, sewer, stormwater lines). 

 

The social issues are discussed elsewhere in the report.

 

Economic

 

Aside from what is mentioned above, it is not considered that the proposal will result in any significant economic impacts.

 

Risk

 

The risks are discussed elsewhere in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Subject to the works required by the recommended conditions of consent being completed, general maintenance would be required as per any other residential development in which assets are dedicated to Council.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

Attachments:

1

13086/2015 - Attachment 1 - Plan of Proposed Development

 

2

13084/2015 - Attachment 2 – Schedule of Conditions

 

3

13155/2015 - Bowraville & Bellwood Missions - Meeting Notes

 

  


Ordinary Council Meeting - 28 May 2015

DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

 



Ordinary Council Meeting - 28 May 2015

DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

 

Attachment 2 – Schedule of Conditions

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Dwg. Ref No

Prepared by

Dated

Sheet 01 of 02 - Plan of Proposed Subdivision

163-12G L01 [03]-01

Craig & Rhodes

11/2/14

Sheet 02 of 02 - Plan of Proposed Subdivision

163-12G L01 [03]-02

Craig & Rhodes

11/2/14

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE (SUBDIVISION)

 

Engineering Construction Plans

 

2.       Three (3) copies of engineering construction plans and specifications must accompany the Construction Certificate application. Such plans are to provide for the works in the following table in accordance with Council’s current Design and Construction Manuals and Specifications.

 

Required work

Specification of work

Footpath formation

Footpath formation of Dotti Close shall be trimmed and turfed where required and presented to an acceptable standard for an asset to be handed to Council

Footpath Construction

A 1.2 metre wide concrete footpath on the property side of Dotti Close to Gumbayngirr Road

Street Name Signs

Street name signs, No Through Road signs and posts to all roads.

Full Width Road Seal

Full width asphalt reseal of Dotti Close together with the removal of all protruding weeds and garbage.

Street Lighting

Street lighting being provided to the requirements of the appropriate energy authority.

Access Handle

A five (5) metre wide reinforced concrete driveway (or equivalent), together with all necessary services/service conduits (water, sewer, telephone, power, stormwater) within the access handle of Bridget Lane.

Piping of flow path

The piped drainage system traversing proposed lot 23 shall be realigned to the common boundary of proposed lot 22 away from the building footprint and discharged to the dam.

 

The pipe and entry pit shall be sized to suit a 1 in 20 year storm event. An overland flow path is to be provided above the constructed pipeline to accommodate the pipe exceedance for all storm events, up to and including the 1 in 100 year storm event.

 

Stormwater pits and pipes shall be checked for debris, any material having an impact on stormwater flow  within  the system shall be removed

Fire Hydrants

Install blue reflectors and painted identification of Fire Hydrants

 

Sewerage and Water Mains

 

3.       An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works involving connections to Council’s existing water and sewer infrastructure. Sewerage and water mains are to be extended to service all residential allotments in the subdivision, proposed lots 15 and 16

 

Engineering plans of the proposed water and sewer works shall be submitted for Council’s approval prior to the issue of the Construction Certificate.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO SUBDIVISION WORKS COMMENCING

 

Construction Certificate 

 

4.       Subdivision work the subject of this development consent MUST NOT be commenced until:

(a)       A construction certificate for the subdivision work has been issued by council or an accredited certifier, and

(b)       The person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(c)       The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Erosion & sediment measures

 

5.       Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Erection of Signs

 

6.       A sign must be erected on site in a prominent position containing the information prescribed by Clause 98A (2) of the Environmental Planning & Assessment Regulation 2000 being the name, address and telephone number of the Principal Certifying Authority for the work, and name of the principal contractor for the work and telephone number on which that person may be contacted outside working hours, and stating that unauthorised entry to the site is prohibited.  This sign must be maintained on site while work is being carried out and removed when the work has been completed.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH DURING SUBDIVISION WORKS

 

Construction times

 

7.       Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on residential premises, can only occur:

 

a        Monday to Friday, 7.00 am to 6.00 pm.

b        Saturday, 8.00 am to 1.00 pm.

c        No construction work to take place on Sundays or Public Holidays.

 

Discovery of a Relic

 

8.       The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

Maintenance of sediment and erosion control measures

 

9.       Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

 

THE FOLLOWING CONDITIONS MUST BE COMPLIED WITH PRIOR TO THE RELEASE OF THE SUBDIVISION CERTIFICATE

 

Plan of Subdivision

 

10.     An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application. Three (3) copies of the plan of subdivision are to be submitted with the application for a subdivision certificate. The location of all buildings and/or other permanent improvements including fences and internal access driveways/roads must be indicated on 1 of the copies.

 

Plan of Subdivision and Section 88B Instrument requirements

 

11.     A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for the items listed in the following table:

 

Item for inclusion in Plan of Subdivision and/or Section 88B Instrument

Details of Item

Dedicated Public Road Access

Dedication of suitable public road accesses to all proposed allotments.

 

Note: Boundary fences shall progressively be installed on the correct boundary alignment at replacement

 

Dedicated Corner Splays

Dedication of corner splays at all street junctions and intersections.

Drainage Easements

The creation of easements for drainage of water over all drainage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Sewer Easements

The creation of 3m wide easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Water Easement

 

 

The creation of 2m wide easements for water supply over all water pipelines and structures located within the proposed allotments in accordance with Council’s policy.

Rights of Carriageway

The creation of suitable rights of carriageway over the access handle of proposed Lot 25

Easement for Services for access handle

The creation of suitable easements for services over the access handle(s) of proposed Lot 25.

Easement for Electricity

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

 

 

 

Survey of the location of the existing road carriageway

 

12.     The location of the road carriageway in relation to the road reserve within and adjacent to the property location is to be determined by a registered surveyor. A survey plan showing the location is to be submitted to Council.

 

Where the road carriageway is not within the road reserve, a detailed plan (1:1000 scale) is to be submitted to Council showing the existing road formation and the existing fences and improvements in relation to the boundaries of the road reserve. On receipt of this plan the Authorised Council Officer will advise of the road widening or realignment requirements which must be included on a plan of subdivision. Any road widening required is to be dedicated at no cost to Council.

 

Completion of All Works

 

13.     All roads, drainage and civil works, required by this development consent and associated Construction Certificate, are to be completed.

 

Erection of Street Signs

 

14.     The applicant is to supply and erect street signs for the approved street names in accordance with this development consent and the Construction Certificate approval.

 

Certificates for Engineering Works

 

15.     The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s Adopted Engineering Standard.

 

Works-As-Executed Plans

 

16.     Works-as-executed plans, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. Where the design is carried out utilising computer aided design CAD, all cad computer files are required to be provided on CD (Compact Disc) with the final drawings. The CAD files must include all lot and road boundaries, lot numbers and easements. The data is to be supplied in accordance with the requirements of Council’s GIS Officer.

 

Registered Surveyor Certificate

 

17.     A certificate from a registered surveyor is to be submitted to Council certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

 

Maintenance Bond

 

18.     A maintenance bond of 10% of the value of the works constructed is to be lodged with Council. A copy of the contract construction cost of the subdivision works is to be submitted with the bond. The maintenance period is 12 months and will commence from the date of issue of the final Compliance Certificate. The security may be provided, at the applicant's choice, by way of cash bond or a satisfactory bank guarantee. An application in writing for the release of the bond must be made at the satisfactory completion of the maintenance period.

 

Record of Infrastructure

 

19.     A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council.

 

 

 

Bushfire Protection

 

20.     In accordance with Section 91 of the Environmental Planning and Assessment Act 1979 the following conditions are required to be consistent with the General Terms of Approval issued by the Rural Fire Service under section 100B of the Rural Fires Act 1997:

i.    At the issue of the subdivision certificate and for the life of the development, the area within Lot 25 identified in figure 3.1.1 of the Bushfire Assessment Report, prepared by Advanced Bushfire Solutions P/L, dated February 2015 shall be maintained as an asset protection zone as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service‘s document ‘Standards for Asset Protection Zones’.

 

ii.    An asset protection zone management plan shall be developed for lot 25. The plan shall identify:

·      Land to be managed as an asset protection zone (figure 3.1.1 of the Bushfire Assessment Report)

·      Actions and procedures to be implemented for managing the land as an asset protection zone.

·      Legal entity responsible for managing the asset protection zone.

 

iii.   At the issue of the subdivision certificate and for the life of the development, lots 1-24 shall be managed as an inner protection area as outlined within Section 4.1.3 and Appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’.

 

Electricity Supply Certificate

 

21.     Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of electricity supply throughout the subdivision.

 

Contributions and Certificate of Compliance

 

22.     Either consolidate lot 25 with one of the other proposed lots on the final plan of subdivision, or prior to the issue of a Subdivision Certificate, the developer/consent holder will have to be eligible to obtain a Section 307 Certificate of Compliance under the Water Management Act 2000. To be eligible, the developer/consent holder will have to contribute:

 

Public service

No of Equivalent Tenements

Contribution Rate (Amount per ET)

Contribution Levied

Date until which Contribution rate is applicable

Water

1

$12,358

$12,358.00

30 June 2015

Sewer

1

$6,938

$6,938.00

30 June 2015

TOTAL

$19,296.00

30 June 2015

 

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

Contribution to be paid towards provision or improvement of amenities or services

 

23.     Either consolidate lot 25 with one of the other proposed lots on the final plan of subdivision or pay the contributions set out in the following schedule to Council. The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

 

 

Schedule of Contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979

 

Public amenity or service

Unit type

No of Units

Contribution Rate (Amount per Unit)

Contribution Levied

Date until which Contribution rate is applicable

Community Facilities and Open Space

Lot

1

$1,956

$1,956

30 June 2015

Surf Life Saving Equipment

Lot

1

$110

$110

30 June 2015

Section 94 Administration Charge

10% of the above contributions

$206.60

30 June 2015

TOTAL

$2,272.60

30 June 2015

 

 

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To meet the increased demand for public amenities and services attributable to the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act 1993.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure that all traffic, car parking and access requirements arising from the development are addressed.

 

·      To ensure the development does not conflict with the public interest.

 

 

NOTES

 

·   The land owners, Bowraville Local Aboriginal Land Council, be advised that prior to the transfer of ownership of any lots that consideration be given to:

a.   The merits of the Bowraville LALC continuing to own housing which it can continue to make available to Aboriginal people.

b.   The ongoing ability for any new owners to pay rates to Nambucca Shire Council, as failure to pay may ultimately result in Council selling the land for unpaid rates.  If this were to occur the stock of housing available to Aboriginal people may diminish.

 

·   It is recommended that an Emergency Evacuation Plan be prepared for the proposed residential estate. The plan should be consistent with the NSW Rural Fire Service Document ‘Guidelines for the Preparation of Emergency Evacuation Plans’ and Australian Standard AS 3745 2010 ‘Planning for Emergencies in Facilities’.

 


Ordinary Council Meeting - 28 May 2015

DA2015/032 - Proposed 25 Lot Subdivision of Existing Dwellings - Gumbayngirr Road, Bowraville.

 





Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.7      SF2071            280515         World Rally 2015 - Status Report

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

World Rally 2015 will be held from 10 to 13 September 2015.  This report will provide Council with an update on plans for the event.

 

There are significant changes to the 2015 event as compared to previous years, including changes to rally routes, re-fuelling and service locations, and the social calendar.  Changes to rally routes are a direct result of feedback from the international drivers who rate the Nambucca’s roads amongst the best in the world. 

 

 

 

Recommendation:

 

1.   That the information regarding World Rally 2015 be noted. 

2.   That Council allocate $10,000 from Working Funds towards the cost of building/developing an access road to Taylors Arm Reserve.

 

 

OPTIONS:

 

No options are presented as the report is for information, however Council always has the option of making alternative resolutions. 

 

DISCUSSION:

 

WHEN

 

The Australian round of the Federation Internationale de l’Automobile (FIA), World Rally Championship will be held from Thursday 10 to Sunday 13 September 2015. 

 

There will be a number of other events associated with the rallying, including an official launch, business breakfast involving drivers, Coffs City Square launch and podium finish. 

 

WHAT’S PLANNED

 

Some general notes:

 

·              Most of the Rally will be held in the Nambucca Shire.

·              There will be 2 live-to-air international television broadcasts, both from the Nambucca.

·              There will be 3 new Rally stages in the Taylors Arm area.

·              A night stage in Valla is planned (WRC only).

·              A new refuel site is proposed for Princess Street Macksville.

·              Bowraville – activities will include a regroup.

·              There will be a new stage at Bucca.

·              There are no activities in the Clarence Local Government Area.

·              Two of the three stages previously held in Bellingen Shire have been discontinued; Newry stays.

·              Consultation with individual property owners is nearing completion.

·              Consultation and negotiation with Council continues.

·              There will be no Super Special Stage (at Coffs Harbour Stadium in previous years).

 

Friday 11 September 2015 (Taylors Arm then Newry)

 

The program includes 3 new rally legs at Taylors Arm; plus 1 leg of the Newry Stage, essentially as per previous years, in Bellingen Shire.  The Taylors Arm legs are broadly: Taylors Arm Road commencing near Utungun Hall; Bakers Creek Road/Carson’s Road to Argues Road; and North Bank Road. 

 

Rally Australia proposes a number of activities around the Taylors Arm area, including a Corporate HQ at the Pub With No Beer, 4 ticketed spectator viewing alongside the race, and community activities at Taylors Arm Reserve with provision for community fund raising activities.  The North Bank leg will involve a world-wide live-to air-television broadcast around midday.  This will be a great opportunity to promote one of Australia’s iconic pubs with its music and pioneer history, and there are already indications that the world media are extremely interested.

 

Around 95 properties are affected by the Rally and community engagement commenced in January 2015 when Rally Australia’s staff commenced directly contacting individual property owners.  Written information has been provided to land owners and residents, and physical door knocking is integral to community consultation. In this way, individual concerns have been documented and action to be taken Rally Australia has been or is being negotiated.  Shire residents who have been affected by the Rally in previous years will be familiar with this exercise. 

 

Saturday 12 September 2015 (Newry then Valla and Nambucca)

 

The event mostly follows the arrangement for previous years, however it is proposed to conduct 1 leg of the Valla stage, for World Rally competitors only, as a night event commencing at dark and finishing around 8pm.  A re-group is planned for Bowraville prior to this leg.

 

One other change will be the inclusion of a re-fuel in Princess Street Macksville outside the Council Administration Centre.  The field of around 90 cars will be stopping at this site between approximately 9 am and 12 noon.  The site provides excellent opportunities for people who cannot get out to one of the rally stages to see the cars and drivers up close.  This may be of particular interest to people with a disability.  Traffic management plans will minimise the impact on the surrounding neighbourhood and traffic flows around Macksville. 

 

The Valla leg will involve a world-wide live-to air-television broadcast (with an audience estimated at 46 million people) at around midday.

 

Sunday 13 September 2015 (Coffs Harbour Shire)

 

Rallying will have left the Nambucca Shire and all activities will occur in Coffs Harbour LGA.

 

CONSULTATION:

 

1.   Rally Australia has provided input to this report.

2.   Rally Australia has completed a mail-out and spoken directly with all potentially affected residents, including people on roads directly affected and those on roads that may intersect a possible competitive stage.

3.   Kempsey Council has been given advice to assist with any flow-on affect.  Although the Rally doesn’t enter Kempsey LGA one of the stages is close to the border and may affect traffic flows on the Friday.

4.   Due to road closures on Friday, school bus services will be affected.  Busways and families with school children have also been consulted.

5.   A direct link to the Rally Australia website has been placed on Council’s website so that people can view the latest news and updates. 

6.   Taylors Arm Reserve Committee of Management has met with Rally Australia and Council’s Mayor.

7.   There are 3 All-agencies meetings prior to the event.  There are some 24 different agencies with an interest in the Rally who attend these meetings.

8.   Rally Australia has had several meetings and teleconferences with Council staff.  Matters for discussion are varied from specific engineering matters, sharing of data, marketing/promotion. Further meetings are planned.

9.   A de-brief for all agencies follows the Rally where any issues can be raised for follow-up or in preparation for the following year.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is a level of concern regarding the impact of rallying on fauna, particularly with the inclusion of a night stage in 2015.  Comments from Rally Australia regarding management of fauna follow:

 

Rally Australia is taking a responsible approach in mitigating the issue of incidents involving fauna during this year’s Rally Night Stage, however, there can be no absolute guarantee that an animal won’t be struck by a car, just the same as with everyday traffic.  However, we are putting in place steps to manage the risk.  

 

We have engaged the Coffs Harbour based company of Eco Logical Australia Pty Ltd to conduct surveys of all of the Rally routes across the entire Coffs Coast area. In particular they are conducting surveys of the Valla night stage to identify fauna corridors along that route and then plan, implement and manage appropriate strategies to best protect any fauna that may be identified. Part of the survey is discussion with local residents to help identify crossing areas.

 

The most effective strategy for managing the impact of the rally – day or night – is the gradual ramp up of activity along the route in the hours immediately prior to the competition cars.  It begins with the set up crews, traversing the route at low speed with, spectator Marshals and officials being placed at strategic locations along the route including road junctions etc.  

 

Closer to the first competition cars vehicle movement on the stage intensifies with final checks being undertaken by event officials, Police, FIA, then the safety cars with sirens.  The net effect of the gradual ramp up of activity along the route has been found to be effective at deterring wildlife with very, very low fauna strike rates during any of the previous rallies.  

 

With a night stage obviously the risk is increased as animals are more active.  For the night stage it is planned that our ecology team will traverse the route in the nights prior to the competition to flag any areas where wildlife seems particularly abundant at the same time the competition will be run.  At these locations we will deploy fauna wardens whose role it will be to deter animals from the route using noise makers (horns, whistles).

 

We have found through experience that these measures have been effective.  The 1-2 minute passage of competition cars is sufficiently close that animals are deterred from crossing the road while the competition is taking place.

 

We are satisfied that the risk of fauna strike has been mitigated to as low as reasonably practicable.

 

Note:  The Coffs Coast Rally has won the FIA Environmental Award 2 years running.

 

Social

 

The social calendar associated with the 2015 Rally is less centralised on Coffs Harbour and more low-key, however there are still a lot of opportunities for people to enjoy the social side of the event eg visiting friends and relatives, local businesses doing specific promotions, viewing from designated spectator points, and participating in community-initiated activities and fundraising. 

 

Economic

 

Whilst difficult to quantify, there is economic benefit to the community from hosting this type of event, more-so in 2015 with so much of the Rally focussed on the Nambucca.  Feedback from Bowraville Chamber of Commerce is that the Thursday/Friday of World Rally is one of the busiest of the year due in part to the number of people hosting visitors.

 

With so much of the 2015 Rally being hosted in the Nambucca, Council’s Manager Community Development and Manager Business Development will be investigating any areas upon which to leverage improved economic outcomes for the valley. 

 

Risk

 

There are no specific risk implications as a result of this report.  By a way of a general comment, the risk management for events such as World Rally are detailed and rigorous.  A particular focus in 2015 will be managing spectators, particularly those not in ticketed areas.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The use of Taylors Arm Reserve is the subject of negotiations regarding access to the site and internal access being suitable for all weather.  Council’s Engineers are investigating the creation of a temporary or permanent access and are developing associated costs.  The Committee of Management has for some years identified the need for a formal access for vehicles – there is currently no identified entry/exit.  (The Committee would like to see a track from the refuel area, around the fire shed and back on to Taylors Arm Road.) Further the Committee has requested that if the road is to be constructed, it would be done in road base so that it would provide an all-weather access to the camping reserve.  In further support of an access road, vehicles with caravans intending to stay at the Reserve often end up outside the Pub, and having to make a difficult turn where there is limited turning space.  A designated entry would not only meet the needs of the Rally, but improve access to the Reserve. Council’s Manager Infrastructure Services advises that $10,000 will be required to construct the road. 

 

Whilst not an identified impact on future budgets, Council may wish to note that in an international announcement on Thursday 14 May 2015, the Coffs Coast event for 2016 was approved by the FIA World Rally Championship Commission.  It will now be submitted for final ratification by the FIA Wold Motor Sport Council, with a view to the 2016 calendar being finalised by September.  Therefore, any allocations to on-ground works that Council makes now, may be used for future Rallies.

 

Source of fund and any variance to working funds

 

Nothing identified.

 

Service level changes and resourcing/staff implications

 

Council staff are not directly involved in the Rally itself, however there is a level of staff time needed to undertake discussions and negotiations in the planning stages, and also to foster publicity for the area.  This is occurring within current staffing allocations.

 

There are no anticipated changes to grading and roadside mowing service levels as a result of the Rally.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM           SF2037            280515         Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 February 2015 are attached for Council’s endorsement. 

 

There is 1 recommendation requiring Council’s attention as follows:

 

That Council’s Engineers look into the feasibility of erecting “Give Way To Traffic” signs at the pedestrian refuges in Bowra Street Nambucca Heads, namely outside the Police Station, just below the Post Office, and outside Woolworths to warn pedestrians that they don’t automatically have right-of-way.

 

 

 

Recommendation:

 

1        That Council’s Engineers look into the feasibility of erecting “Give Way To Traffic” signs at the pedestrian refuges in Bowra Street Nambucca Heads, namely outside the Police Station, just below the Post Office, and outside Woolworths to warn pedestrians that they don’t automatically have right-of-way.

 

2        That the remaining minutes be endorsed.

 

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

 

DISCUSSION:

 

The Access Committee heard that Nambucca Heads residents frequently observe confusion over who has the right of way at pedestrian refuges.  One of the members reported motorists and pedestrians verbally abusing due to their lack of understanding of how these refuges should work.  A similar situation occurred when the crossing was installed in Wallace Street Macksville and the installation of a small sign at each kerb clearly advises the pedestrian to give way to traffic.  This does not always occur of course, as motorists stop, perhaps due to their own lack of understanding or politeness, leaving the pedestrian feeling obliged to cross.  Feedback is however, that the signs have increased awareness and the effectiveness of the crossing.  The Access Committee feels that a similar approach would work in Nambucca Heads at the sites listed.

 

 

CONSULTATION:

 

Nothing required

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

Where there is pedestrian and vehicle conflict there is increased risk of personal injury.  Increased understand of rights and responsibilities assists to mitigate this risk.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There would be a small cost for purchase and installation of the signs.

 

Source of fund and any variance to working funds

 

The installation of the signs will need to be placed on a priority list of works.

 

Service level changes and resourcing/staff implications

 

Nothing major identified.

 

Attachments:

1

12803/2015 - Minutes - Access Committee - 28 April 2015

 

  


Ordinary Council Meeting - 28 May 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 28 April 2015

 

PRESENT

 

Cr E South (Chairperson)

Mr Peter Shales

Ms Lee-anne Funnell

Ms Jenny Adams

Cr A Smyth

Ms Coral Hutchinson

Mr Keith Davis

Ms Alba Sky

Ms Janet Pope (Guide Dogs)

Mr Les Small

Ms Kerry Sanders

 

 

 

APOLOGIES

 

Mrs Shirley Holmes

Ms Margaret Hutchinson

Dr Dorothy Secomb

 

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF2037              280415      Confirmation of the Minutes of the Previous Meeting held 24 March 2015

Recommendation:  (davis/pope)

 

That the minutes of the meeting held 24 March  2015 be confirmed.

 

 

 

 

ITEM 3.2      SF2037              280415      Business Arising from Previous Meeting held  24 March 2015

Recommendation: (cr smyth/davis)

 

That the matters arising be noted.

 

 

 

 

ITEM 3.3      SF2037              280415      Correspondence to the Access Committee meeting 28 April 2015

Recommendation: (sky/pope)

 

That the correspondence be noted with the addition of Accord Autumn edition.

 

 

 

 

 

ITEM 3.4      SF2037              280415      Report on General Business to the Access Committee 28 April 2015

Recommendation: (SMYTH/POPE)

 

That Council’s Engineers look into the feasibility of erecting “Give Way To Traffic” signs at the pedestrian refuges in Bowra Street Nambucca Heads, namely outside the Police Station, just below the Post Office, and outside Woolworths to warn pedestrians that they don’t automatically have right-of-way.

 

Note:

The Committee discussed seating around Macksville town centre and after counting at least 8 seats around the town CBD, plus outside Foodworks and along the riverbank, decided that it is probably adequate for now.  However it is recommended that the matter be considered in the post by-pass planning.

 

The Committee also discussed “developing positive community attitudes and behaviours”, the first of the four areas to be considered in the Disability Action Inclusion Plan.

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 26 May 2015 commencing at 2.00 pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.35 pm. 

 

 

 

………………………………

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.9      SF1852            280515         Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to provide Council with an update to LEP amendment no 14 for a Seniors Living Development at 24 Coronation Drive Congarinni North. Several additional studies have been completed to support the amendment and as an outcome, the planning proposal has been modified to include an additional area of E3 Environmental Management.

 

The amendment is required to be referred back to the Department of Planning for an amended gateway determination. The department will be provided with copies of amended studies and plans and also be provided with copies of agencies submissions.

 

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

 

 

 

Recommendation:

 

1    That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and Lot 188 DP755537 be forwarded to the Minster for an amended Gateway Determination. Highlighting the proposed changes to the planning proposal.

 

2    That, should the Department Of Planning and Environment allow the planning proposal to proceed the matter be reported to Council prior to exhibition. The additional report provide Council with more detailed information on the flood behaviour of Joffre Street which is presently being examined as part of Council Flood Risk Management Study.

 

 

 

OPTIONS:

 

1        Council may resolve not to proceed with the amendment;

 

DISCUSSION:

 

NOTE: Attached to this report is the main planning proposal, concept plan and the flood emergency warning plan response evacuation and related documents. The other attachments area available on request to the General Manager should Councillors wish to review them.

 

On the 24 April 2013 Council resolved the following in regards to a schedule 1 amendment to allow a seniors living development to proceed under schedule 1 of the Nambucca LEP 2010:

 

1        That Council staff collaborate with applicant to ensure the planning proposal has addressed all matters necessary pursuant to Clause 55 of the Environmental Planning and Assessment Act 1979 and DOPI’s Guide to preparing planning proposals;

 

2        That, pursuant to Clause 56 of the Environmental Planning and Assessment Act 1979, the Planning Proposal proposing a Schedule 1 Amendment to the Nambucca LEP 2010 to a allow a seniors living development on Lot 155 and 188 DP755537 be forwarded to the Minster for Gateway Determination.

 

3        That minister be advised of the matters that Council considers require further detailed investigation should the proposal proceed beyond the initial gateway determination. In the first instance an examination of the appropriateness of a seniors living development being isolated during flood events should be considered as well as the availability of alternative accesses to the property.

 

Council subsequently forwarded the proposal to the Department of Planning and Environment seeking gateway determination which was received on the 1 July 2013. It is noted that Council received delegated authority to proceed to make the plan.

 

The following is a general summary of the proposed amendment and the future development.

 

-   Amendment to Schedule 1 of the Nambucca LEP 2010 to permit a Seniors Living Development on the site

-     Amendment to land use zones to rezone sensitive areas to E3 Environmental Management

-     280 bed nursing home

-     265 self contained dwellings, servicing owner occupier and rental markets

-   On site facilities, indoor pool, gymnasium, lawn bowls, tennis court, communal bistro, community centre and media centre

-     Storage for caravans and boats

-     Temporary accommodation for visitors

-     Helipad for emergency use.

 

The most recent concept plan of the future development is provided below:

 

 

Pursuant with the gateway determination Council forwarded the application to a number of agencies for comment. Comments have been received and the proposal amended as to reflect feedback.  The following table shows the results of the consultation and any changes made to the planning proposal, as a result of the consultation:

 

Agency

Comments

Proponent Response

Office of Environment and Heritage (OEH)

OEH supportive of the proposal as it is outside all sensitive areas; Recommends rezoning of High conservation area of the site be pursued (E2 or E3).

 

 

 

 

OEH indicates Aboriginal cultural Heritage Assessment should be undertaken.

 

 

 

 

 

 

 

 

OEH - is satisfied the residential development can be excluded from the PMF area. Future Development can be accommodated on higher ground outside the floodway and a with a floor level at least 0.5 me above the 1 in 100 year flood level with unencumbered access to the PMF area. As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.

 

 

 

The proponent has agreed to rezone other ecological areas to either E3 Environmental Management or E2 Environmental Protection. As such it is recommended this area be amendment to E2 Environmental Protection.

 

Artifact was engaged to prepare an Aboriginal Heritage due diligence assessment which has been completed. The report concludes that areas identified as archaeological sensitivity should be subject to further assessment at the Development Application stage should these areas proposed to be disturbed.

 

The entire development is designed to be above the Probable Maximum Flood.  The proponent has examined the Emergency Care and Evacuation from the site and it is proposed to retain residents on site. Emergency transport being provided via the provision of a helicopter landing facility located on the site.

NSW Department of Primary Industries

DPI raised concerns that the proposal is inconsistent with Regionally significant Farmland Mapping. Specifically DPI indicates the site has not been identified within a regional strategy or LEP and although the site is well connected to Macksville, the DPI says there is a natural divide provided by Taylors Arm between the site and Macksville. This proposal could be the first of significant development on the western bank of Taylors Arm and the DPI is concerned it could fragment the existing landscape making it difficult for agribusiness to develop and potentially spark land use conflict with neighbouring landholders.

 

RMCG was engaged to investigate DPI’s concerns.  The report addresses agricultural limitations of the land and likely outcomes in terms of land use compatibility.

 

It is noted that in its Gateway determination the Department of Planning and Environment agreed that variations to the 117 Directions 1.5 Rural Land was of minor significance.

NSW Roads and Maritime Services

RMS required a detailed traffic investigation to be undertaken for the proposal to address a number of matters

Traffix were engaged to address the items of concern raised by the RMS and recommended that:

 

-     Intersection works at the corner of Joffre street, Wilson Street, and Coronation Road including auxiliary left turn treatment and minor works to ensure compliant basic right turn (subject to detail design).

 

The report concludes the planning proposal is supportable on traffic planning grounds and the future development should operate satisfactorily.

 

NSW Rural Fire Service

The RFS provided no objection to the planning proposal subject to compliance with the Rural Fires Act 1997. The original plan did not meet the requirements of Planning for Bushfire Protection

A bushfire Protection Assessment was undertaken to ensure compliance with Planning for Bushfire Protection. The original Concept plan has since been amended to ensure compliance with Rural Fire Service Requirements.

State Emergency Service – have provided 2 responses.

21 August 2013.

 

The SES summarise the most important principles to be investigated for this proposal as the site contains flood prone land. These items mainly pertain to an assessment of risk in relation to inundation of access, resident isolation, alternative egress, evacuation, and management of emergency situations. The advice cites insufficient information with regard to access to/egress from the site in flood situations and states that ‘shelter-in-place’ has been shown to have significant associated risks and is not equivalent to evacuation.

 

13 February 2014

 

A second letter of advice was received from the SES in response to Meinhardt’s flooding evacuation investigations. This advice summarised the most recent findings with regard to isolation and voiced that any increase in flood risk results in an increased demand on the SES and other emergency services. The SES is opposed to the use of private evacuation plans as a condition of development consent. The Service does not have statutory authority to endorse private evacuation plans nor does it have the resources to review and comment on private evacuation plans. The advice directs considerations to the NSW Floodplain Development Manual (April 2005) (FDM) where, under Appendix N, it explains the limitations of Private Evacuation Plans and also why the NSW SES is against these Plans as a developmental consent condition.

 

 

 

Meinhardt were then engaged to prepare the Flooding Emergency Warning Plan to devise a safe response for the intended aged residents in flood events (Appendix 11). This report was then forwarded back to the SES for further comment.

 

 

 

 

 

 

 

 

 

 

 

 

The proposed Evacuation Plan is considered the most thorough and safe resolution to the flooding constraints of the land to enable a development for aged accommodation on the site.

 

It is acknowledged that the NSW SES do not support any development on flood prone land, nor development that will not enable safe evacuation from flood waters, due to the potential increased risk, and as such, increased demands upon the Service. It is also acknowledged that the NSW FDM does not support private evacuation plans being approved as a condition of development consent.

 

A more recent Emergency Warning – Response and Evacuation plan has been prepared by Meinhardt. This is yet to be forwarded to the SES for additional comment. 

 

 

 

 

Flora and Fauna

 

A flora and fauna report and supplementary commentary was provided by BLA and Associates (Feb 2014)

 

Although the original proposed concept provided to Council was designed to avoid impact to nearby vegetation and habitat, the bushfire planning undertaken for project found that various bushfire mitigation measures associated with the future development would impact on the flora and fauna.  As such the proponent prepared a new concept that ensures no clearing of sensitive vegetation will be required to provide for bushfire mitigation in the future. The proposed development should only result in the removal of six (6) isolated native trees scattered through the property.

 

The area identified as Zones 1, 2 and 4 on the following map contain potential Koala habitat and Endangered Ecological Communities.  The proponent will zone these sensitive areas of the site to E2 Environmental Protection to ensure these areas will not be impacted in the future.  This proposal to amend the zone is the reason the planning proposal requires a new gateway determination from the department of planning.

 

 

Bushfire Protection Assessment

 

A Bushfire Protection Assessment has been undertaken by Travers Bushfire and Ecology (2014) to support the planning proposal.

 

The report concludes that bushfire can potentially affect the site from the forested wetland vegetation located to the north and north-west, forest vegetation to the west and grassland vegetation to the south, resulting in possible ember attack, radiant heat and potentially flame attack. However the bushfire risk posed to the rezoning proposal can be mitigated if appropriate bushfire protection measures (including APZ’s) are put in place and managed in perpetuity.  Appropriate recommendations are included in the report.  Bushfire management would be required to be reconsidered as a special purpose development and require integrated approval as part of any future Development Application.

 

It is noted in the report that the consultant indicates reticulated water is available to the site.  This is not correct.  Although incorrect, the proponent will be required to ensure reticulated water is available to the site for any future development and in this regard the discussion regarding access to reticulated water will provide the same result.  The proponent will be requested to amend this part prior to the any future exhibition of material.

 

Acid Sulphate Soils

 

An Acid Sulphate Soils Management plan has been by Meinhardt (2014) to accompany the planning proposal.  The majority of the development and excavation likely to occur as part of any future development will be at the higher elevations of the site and the Management Plan states the following:

 

no development involving excavations into the potential PASS or ASS areas in the eastern or northern sections of the site will take place. Development with excavations to depth below 4m AHD will only take place to the west of the existing eastern creek (if required), which has not been identified as having potential for PASS or ASS in the Risk Map

 

For the purposes of this planning proposal it is anticipated that Acid Sulphate Soils could be appropriately managed or assessed as part of a future development application on the site.

 

Preliminary Site Investigation – contamination (SEPP 55)

 

A preliminary site investigation into contamination was undertaken by Meinhardt (2014) and found the following in relation to the historical use of the site:

 

-     The site has been used for agricultural purposes which is a potentially contaminating activity

-   The residence, shed  and associated infrastructure comprise asbestos containing materials in a degraded state

-   A concrete walled pit was located on the north eastern slope approximately 50 m north-west of the dam in the central eastern portion of the site. The top of the pit was open at the ground surface and appeared to have been filled with metal waste including oil and chemical drums

-   stock yard area is located in the south eastern portion of the site. A livestock crush was observed in the stockyards area which may have been used to treat and spray livestock.  An Aboveground Storage Tank (AST) was located on the southern side of the stockyards.  It was not known what was stored in the AST but appeared to be used to store water for livestock and

-   An area of disturbed soil was observed a top the most elevated portion of the site in the central southern portion of the site.  The area had been excavated in the past indicating the area was possibly used as a landfill or as a soil borrow pit.  Several other areas of soil disturbance were identified in the historical aerial photographs.

 

The report concludes the following:

 

Prior to any demolition works Meinhardt recommends an asbestos assessment be conducted across the site and particularly in the eastern portion of the site (vicinity of residence and sheds) to identify and quantify asbestos containing material and assess if the material is friable or non-friable.  In addition, Meinhardt recommends that an asbestos identification and removal plan be put in place, so it can be implemented upon development approval.

 

Following the removal of all shed structures at the site Meinhardt recommends the excavation and removal and validation of the underground pit and intrusive soil investigations in other identified areas of potentially contaminating activities.  The excavation should be supervised by a qualified environmental scientist in order to “chase out” potential contamination.  At the completion of excavation works soil validation samples should be collected and a soil and groundwater investigation and validation report compiled.

 

With the exception of the underground pit, asbestos building material and potential contamination issues in the vicinity of the stockyards and disturbed areas the desktop investigation and site inspection did not reveal any other obvious sources of contamination in the remainder of the site, it would be unlikely that the remainder of the land is contaminated, given the previous long periods of low intensity rural land use.  It is anticipated that the contamination issues can be dealt with as part of any future development application or potentially prior to a DA for the proposed use.

 

Aboriginal Heritage

 

An aboriginal heritage due diligence report has been prepared by Artefact Heritage to support the planning proposal.  The assessment indicates that as Aboriginal objects are likely to exist in areas of archaeological sensitivity.  If areas of archaeological sensitivity are to be impacted by the proposal further investigation in accordance with OEH guidelines is required as part of future planning for the establishment of an Aged Care facility within the study area.

 

The next stage of archaeological investigation would include the preparation of an Archaeological Report in accordance with the OEH Code of Practice for Archaeological Investigation of Aboriginal Objects in New South Wales (2010) (the ‘code of practice’).  The role of the Archaeological Report is to provide a comprehensive level of archaeological assessment in order to develop appropriate mitigation and management measures for identified Aboriginal heritage values in relation to proposed impacts.

 

The OEH code of practice outlines specific requirements for report including methods and consultation with the aboriginal community.

 

If required an Archaeological Report would specify the location and research potential of any identified areas of archaeological potential.  Mitigation and management measures would outline the requirements for further archaeological investigation of archaeological potential or Aboriginal objects identified during the field survey component of the Archaeological Report.  A possible outcome of the Archaeological Report may include recommendation for archaeological test excavation conducted in accordance with the OEH code of practice in order to further establish the nature and extent of Aboriginal objects beneath the surface.  An archaeological test excavation report would then be prepared and outline whether an Aboriginal Heritage Impact Permit (AHIP) would be required before commencement of works.  An AHIP would only be required where known Aboriginal objects will be harmed.

 

The OEH Aboriginal cultural heritage consultation requirements for proponents (2010) would be used to guide any future reporting.

 

The Archaeological Report could be prepared at the Development Application (DA) stage.  Where the Archaeological Report and any subsequent investigations identify a requirement for an AHIP prior to works commencing, an approved DA will be required for OEH to process an AHIP application.

 

If changes are made to the proposal that may result in impacts to areas not covered by this assessment, further archaeological assessment will be required.

 

For the purposes of this planning proposal, adequate assessment of the aboriginal heritage has been undertaken and should a future Development Application propose impact to sensitive areas, further reporting would be required as per the recommendations of the due diligence report.

 

Concept Design Report

 

The report was prepared as a preliminary investigation into internal roads and access, stormwater, water quality and earthworks.

 

The report indicates that the development area of the site is undulating and to achieve acceptable development solution for the seniors living development a significant amount of earthworks and series of retaining wall/ steps will be required around the site.  Concept sketches attached to this report show maximum earth works to approximately 7.5 -8m. Any future development application would need to demonstrate more accurately the location of cut and fill and any associated impacts, and demonstrate that construction methods to be used minimise cut and fill.  Further to this a landscaping report would be required to accompany any future Development Application which would indicate how earthworks are to be retained, landscaped and otherwise managed.

 

Flooding

 

Flooding was identified early in this process as the key issue for any future development of the site and a priority issue for the proponents to address over all other matters. On the 30 July 2013 Council sent a letter to the proponent indicating the following:

 

As previously discussed at a recent meeting with Council staff and as reported to Council the core issue at present is related to flooding and associated isolation and evacuation.  It is recommended that this issue be dealt with in the first instance and then subject to consideration of the flooding matters, the other items identified in the gateway determination should be addressed.

 

Please note that Council does not have any relevant flood expert available in house and any flood reporting provided to Council is likely to be subject to a peer review by an external expert.  Pursuant with Environmental Planning and Assessment Regulation 2000 Council would like to recover the cost of any such peer review from you as the applicant or proponent.

 

Part of the land is flood prone as shown on the attached map, however the concept development has been designed to be fully above the 1 in 100 flood level plus freeboard and probable maximum flood.  This is a positive component of the development. Further to this, the access from the property and the facility to Taylors Arm bridge is proposed to be flood free up to a 1 in 100 flood event. A preliminary concept design has been prepared to demonstrate to Council that is achievable.

 

A detailed design of the access to and from the bridge would be need be completed at DA stage and would need to demonstrate that regular hydrological regimes would not be interfered with and that design would accommodate flood flows and levels.

 

This means access to and from the property will be available for as long as the remainder of Joffre St remains trafficable. The issue that exists is that Joffre St between Taylors Arm Bridge and Tilly Willy Creek Bridge is lower than a 100 year event.  The engineer report states the following in respect to this:

 

unfortunately Joffre st between Taylors Arm Bridge and Tilly Willy Creek Bridge is lower than the 100 year flood level and nominally RL3.5m. Consequently this section of Joffre St is in undated in events greater than the 20 year ARI event and the site will be cut off from Macksville…” 

 

there is no alternative road access to the site and the site will be isolated during extreme flood events. The developable site area above the 100 year ARI flood level plus free board is in the order of 22 Hectares whilst flood free land above the PMF is in the order of 16HA.”

 

In response to this the applicant has proposed to retain the residents on flood free land. The Flood Emergency Warning Plan – response and evacuation report accompanying the application states the following:

 

Due to the nature of the site being proposed to be developed as a seniors living development it is believed the risk associated with off-site evacuation is considered higher than the risk residents will be exposed to if they are to remain isolated on flood free land (extract from FMA conference 2011 Tamworth NSW). The distance to the nearest evacuation centre (Boundary St Macksville) is 1.8km. The transportation of residents over this distance poses significant risks, particularly with the less mobile residents, than if the residents were to remain on site. It should be noted that access to Macksville High school is via bridge of Taylor Arm which will be cut off during regular flood events. Furthermore, the site will contain appropriate facilities to accommodate people who require high care or treatment whereas an evacuation centre would lack these facilities.

 

The proposal also aims to retain residents on site as the facility will be better equipped to deal with residents than other facilities and evacuation centres. Medical resources and other provisions will be available on site.  The evacuation strategy is to therefore keep residents within their homes until the SES or Local Emergency Controller deem it appropriate or necessary for residents to evacuate to higher ground within the site.

 

A helicopter landing facility will be provided on site for isolated emergencies. The Flood Emergency Warning Plan – Response and Evacuation is provided as [attachment 4].

 

Flooding consultation

 

In regards to consultation undertaken in relation to the flooding issue, Council has consulted with the Office of Environment and Heritage (OEH) and the State Emergency Services (SES):

 

·      OEH – Despite having not seen the most recent plans raising the access road from the property OEH is satisfied the residential development can be excluded from the PMF area.  Future Development can be accommodated on higher ground outside the floodway and with a floor level at least 0.5 m above the 1 in 100 year flood level with unencumbered access to the PMF area.  As an aged care facility consideration needs to be given to the need for emergency care and evacuation in the event of floods.

 

·      SES – the SES does not support the development given it is not in accordance with SES policies nor the Floodplain Development Manual in relation to the limitation of use of private evacuation plans. Council has not forwarded the amended plan with improved access to and from the site to the SES at this stage.

 

As the SES objects to the proposal, the director general of the Department of Planning and Environment will be required to give further consideration to the matter relating to flooding in its determination of the gateway proposal.  It is likely further consultation with the SES will be required should an amended gateway proposal be received.

 

Planning Staff comments on flooding

 

Staff have raised the importance of the flooding matter with applicant from the beginning of this process. The applicant has recently provided the following amendments to the proposal to examine in more detail the issue of flooding:

 

-     A concept access report, which provides an improved plan for access from the development to Taylors Arm Bridge (to meet a 1 in 100) flood level.

-     An amended concept plan

-     An amendment amended emergency response plan;

 

These reports and studies identify flooding effects event and propose responses to these issues. The important aspects of the development in relation to flooding are:

 

-     How the development on the site will be affected by a flood?

-     What access to and from the site is available in a flood?

-     How long the site may be isolated in a flood?

 

The following comments are provided in respect to the above questions.

 

How the development on the site will be affected by a flood?

 

Any future development on the site is to be located above the Probable Maximum Flood (PMF) level (refer to the concept plan below).  That is all habitable buildings will be constructed to flood planning levels as well as the PMF. Further, the main facilities being the aged care facilities; communal centre and wellness centre are located well above the PMF and can be used for additional evacuation should it be necessary.

 

In this respect the proposed buildings on site are unlikely to be at risk from the most extreme event modelled. In a large flood event the residents on this land will be better positioned in comparison to much of Macksville for instance Council chambers, Autumn Lodge, the majority of the CBD, north Macksville, and large portions of Willis, East and Wall Street which all flood and are likely to require evacuation. A plan of the 1 in 100 flood event for Macksville is shown below.

 

 

What access to and from the site is available in a flood event?

 

The applicant has agreed to construct the access off the site to the Taylors Arm Bridge to accommodate a flood event up to a 1 in 100 year event. This is a substantial improvement to the original application which did not specify any improvements to the access and as such access would have been restricted in a 1 in 5 year event. By doing this the applicant has reduced the frequency of the development being isolated and the period in which the development will be isolated. It will also increase the time period that the development will have to prepare for a major flood.

 

Despite the improvements to the concept the site will still have access restricted to  Macksville in events equivalent to or greater than a 1 in 20 year event, due to the low level of Joffre St. The concept development includes a helicopter facility which could be used to evacuate residents with medical emergencies not catered for on site – it is noted that during a major flood event access to helicopters will would be limited.

 

The applicant was requested to address potential alternative routes of the site for emergency purposes, but simply states “there is no alternative road access to the site”. Staff have investigated this further, particularly in respect to potential access to Bowraville west of the site. Subject to landholder agreements emergency easements could be created within private property and access could then be provided to western parts of Coronation Road and Congarrini Road North. However access to Bowraville would not be available via Wilson Road which is likely to be inundated in a 1 in 5 year event as shown in the below figure.

 

Another potential route to Bowraville exists via Coronation Road, Congarinni Road North, Rhones Creek Road, Welshes Creek Road, Williams Hill Road and South Arm Road. This is a paper route that has not been tested and Councils Flood Data does not extend west of Bowraville so the effect of flooding on South Arm road and other areas is unknown.

 

It is considered access availability to Bowraville from the site during a flood event is unlikely.

 

Moving elderly residents from a site in a flood can create higher levels of stress and logistical difficulties.

 

How long will the site be isolated in a flood event?

 

The site is expected to be isolated from Macksville in events greater than a 1 in 20 year event. The applicant was requested to provide details of how long the site is expected to be isolated in their comments they state “SES have indicated that period of isolation can range from a few hours to several days.” This appears to be general statement rather than a modelled conclusion.

The period of time that Joffre Street will be inundated will vary depending on the size of the event. Council has information provided with the flood study 2013 that shows the land could be isolated after approximately 22 hours into a 100 year flood event and the period of isolation will be from between 30 – 48 hours. 

 

Council’s Flood Risk Management Study and Plan includes assessment of evacuation routes and timing in various flood events. Joffre Street is one of the streets to be examined as part of this process. Staff have requested that our flood consultants prioritise the investigation of Joffre Street so the information may be used to assist staff and Council to understand the flood behaviour in this area and more accurately determine the period of expected isolation. This information will be provided as the study progresses and the results reported to Council prior to Council resolving to exhibit the planning proposal.

 

CONSULTATION:

 

Manager of Planning and Assessment

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The amended planning proposal includes rezoning of part of the land to E2 Environmental Conservation. This area will encompass the Wetland Areas and Endangered Ecological Communities. Further investigations would be required to support any future development on site particularly in relation to stormwater management, landscaping and maintaining natural flow regimes (particularly on the proposed access).

 

Social

 

The planning proposal has addressed a number of issues relevant to the local community, emergency response and management. These matters are discussed in the body of this report.

 

Should it proceed the proposal will provide a significant form of housing for the projected aging population.

 

Economic

 

The proposal would be significant economic opportunities in the shire during and post construction. 

 

Risk

 

The question of risk is key to this rezoning. A recent land and environment court decision in relation to seniors living and flooding identified the reasonableness of the risk to residents and the potential anxiety and stress during an emergency situation as a core issue.

 

In this court decision the Council refused the development which was upheld in the land and environment court. However the development related to this decision had significant differences to what is being proposed in this instance including unit buildings that were directly impacted by regular (5 - 100 year) event floodwater and the floodway despite the floor levels located above the 1 in 100 year plus freeboard. Significant engineering solutions were required to mitigate the flood risk to protect the building and basement car park and these measures would exacerbate the flood velocities. Some of parts of the buildings were suspended above the flood waters by no more than 0.9m.

 

In this planning proposal the risk is summarised as follows:

 

-     future development of the site will be fully above the PMF and therefore the risk to the property directly related to flood impact is considered low. Some damages and clean up would be required over the low lying portion of the site including the proposed access;

-     the site will be isolated from Macksville in events equal to or greater than a 1 in 20 year event,

-     the emergency response plan proposes to retain residents on site during a flood event;

-     the plan includes helicopter facilities for evacuation in relation to medical emergencies not catered for on site;

-     individuals on site are likely to experience heightened levels of stress during an emergency situation. The applicant indicates the facilities on site will be better equipped to deal with such situations than evacuation centres and the evacuation of patients would contribute to additional anxiety.

-     The behaviour of flooding on Joffre Street during varying sized events is presently being investigated as part of the Council’s Flood Risk Management Study and will be reported to Council prior to exhibition of this planning proposal. This investigation will provide Council with a greater understanding of how long the site will be isolated for during differing floods.

 

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

34081/2014 - LEP 2010 Amendment No 14 - Gateway Planning Application (Hamptons Property Services)

 

2

14417/2015 - Concept Plan Sheet 1

 

3

14419/2015 - Intersection full report

 

4

14414/2015 - Flood Emergency Warning Plan Rev 03

 

  


Ordinary Council Meeting - 28 May 2015

Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

 





































Ordinary Council Meeting - 28 May 2015

Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

 


Ordinary Council Meeting - 28 May 2015

Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

 










Ordinary Council Meeting - 28 May 2015

Amended Planning Proposal LEP Amendment no. 14 Schedule 1 Seniors Living Development 24 Coronation Drive Congarinni North

 




















Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.10    SF2031            280515         Nambucca Shire Council Centenary Year 2015 - Commemorative Board Acknowledging all Councillors and Staff who Served in Centenary Year

 

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

 

Summary:

 

As part of Council’s Centenary Year celebration it is considered that an appropriate gesture to commemorate all the Councillors and Council staff who served in 2015 – the Centenary Year - is to have their names recorded on a commemorative board.

 

As this was not considered at the recent budget meeting, it is now being put to Council for consideration of funding from working funds.

 

It is intended to have constructed two commemorative boards similar to the Honour Boards that are currently displayed in the Council Chambers.

 

 

Recommendation:

 

That Council approve of the purchase of two commemorative boards and appropriate sign writing to showcase the Councillors and staff who served in Council Centenary Year – 2015.

 

 

OPTIONS:

 

That Council not approve the purchase of two commemorative boards

 

 

DISCUSSION:

 

As part of Council’s Centenary Year celebration it is considered an appropriate gesture to commemorate all the Councillors and Council staff who served in 2015 – the Centenary Year.

 

As this was not considered at the recent budget meeting, it is now being put to Council for consideration of funding from working funds.

 

It is intended to have constructed similar commemorative boards as to the Honour Boards that are hanging in the Council Chambers.

 

The cost for the sign writing will be approximately $650.

 

The cost for the design and fabrication of two boards will be approximately $500.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

The inclusion of commemorative boards depicting the names of Councillors and all staff who served Council in its Centenary Year will contribute the celebration of this historical event.

 

Economic

 

There is no economic impact.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on future budgets.

 

Source of fund and any variance to working funds

 

Costs can be met from working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes to resourcing or staff implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.11    SF2038            280515         Outstanding DA's greater than 12 months, applications where submissions received not determined from 7 Mayl 2015 to 20 May 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 information be noted 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 NOT YET DETERMINED WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/032

12/03/15

25 Lot Subdivision

Lot 208 DP 755537, Gumbayngirr Road, South Arm

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received

 

·        The submission supports the proposed subdivision in general as it will provide self-determining options for home ownership for the community and a coordinated approach to bushfire protection and planning for the site.

·        The area of concern is that proposed part lot 25 used to be a Council waste depot and is believed to be contaminated. This potential contamination is not noted in the report into the proposed subdivision.

·        The submitter is concerned about risks to the community if residential development is undertaken at a later date on this site.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/048

08/04/15

Residential Additions

Lot 412 DP 611276, 7 Ocean Street, Scotts Head

SUBMISSIONS RECEIVED/STAFF COMMENTS

Four public submissions have been received. All oppose various aspects of the proposal

 

·        The submission requests that adequately sized guttering and stormwater drainage be installed due to the large size of the garage roof and the addition of the pergola roof.

·        Proposal will impose on neighbouring dwelling and will block the natural flow of the breeze

·        Proposal will overshadow neighbouring back yard making the area damp and mouldy

·        Proposal is too close to neighbouring boundary

·        Height of garage appears unnecessary for just housing a car.

·        Access issues will be created for an adjoining property

·        The access to the garage will cross over a right of footway

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/055

27/04/2015

Dwelling-House and Detached Garage/Office

Lot 20 DP 841964, 6 Shores Close, Valla Beach

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received. It opposes one aspect of the proposal

 

·        The objectors are concerned about stormwater impacts and want stormwater from the development to be appropriately diverted away from their property.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.12    SF281              280515         Youth Week 2015

 

AUTHOR/ENQUIRIES:    Najjia Hadzic, Healthy Communities Coordinator         

 

Summary:

 

This report provides Council with information on activities held in the Nambucca Valley for National Youth Week 2015.

 

 

 

Recommendation:

 

That the information be noted.

 

 

OPTIONS:

 

For information

 

 

DISCUSSION:

 

National Youth Week 2015 was celebrated from Friday 10 April to Sunday 19 April.  Nambucca Shire Council received $1,230 from the Office of Communities NSW Department of Education and Communities for Youth Week events.  In addition to this Council contributed funds and partnered with a number of local organisations to enable a very successful week of events.

 

Council Community Development team coordinated three events that were held throughout the week: Nambucca Valley Youth Leadership through Sport Camp, 3 on 3 Basketball at Bowraville and Youth Voice in the Chill Out Space at the Macksville Show.  Over 300 youth engaged in these activities and feedback has been extremely positive from participants and all those involved.

 

The Nambucca Valley Youth Leadership through Sport Camp was held at Scotts Head on the 14th and 15th April.  There were 22 participants, equal number of girls and boys, all aged between 15 and 17 years.  A reference group was established for the program which included the 3 local high schools and the Nambucca Valley Sports Academy.  These partnerships and the participation of local sporting identity Ritchie Donovan, the engagement of motivational speaker Graham Hyman and special guests Neridah Falconer and Trent Munro and others enabled the delivery of a successful and inspiring camp.  The Nambucca Valley Sports Academy has expressed interest in pursuing the delivery of local youth leadership through sport camps in the future.

 

A day of 3 on 3 Basketball was held at Grants Hall Bowraville on Thursday 16 April.  Council worked in partnership with a number of local groups including Stronger Families, MiiMi and Ready Mob to deliver an open day for the whole community with a focus on youth.  The day included 3 on 3 Basketball and a 3 point and knockout shooting challenge for youth.  A BBQ lunch was provided for the youth and their families.  Health information and advice was also made available through the Ready Mob group on the day.

 

The Youth Chill Out Space was held once again at the Macksville Show on Saturday 18th April.  It was a great success and provided an opportunity for young people to perform and build their confidence and showcase their skills to the community.  In addition to this, information and free water was made available. As a lead in to the Macksville Show, Council’s Community Development team worked in partnership with the Nambucca Valley Youth Centre to fund the delivery of Soundlab and Youth Voice.  These programs provide an opportunity for young people to work one on one or in small groups to enhance their singing, performance and sound recording skills.

 

 

CONSULTATION:

 

With Coral Hutchinson, Manager Community and Cultural Services.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Social

 

National Youth Week provides an opportunity for Council to engage with local organisations to build capacity and knowledge base in the delivery of a range of programs to youth during National Youth Week and beyond.

 

Economic

 

The use of local infrastructure such as Grants Hall, supporting local organisations such as the Youth Centre and businesses contributes to sustainability and local enterprise.

 

Risk

 

Minimal – All appropriate risk assessments were completed for all the events.

 

 

FINANCIAL IMPLICATIONS:

 

Over many years Council has supported and contributed to local activities held during National Youth Week.

 

Direct and indirect impact on current and future budgets

 

Nil impact

 

Source of fund and any variance to working funds

 

Nambucca Shire Council received a grant of $1,230.00 from the Office of Communities NSW Department of Education and Communities towards Youth Week events.  Council matches this funding.  However capacity to deliver the activities is substantially enhanced through a range of partnerships.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.13    SF1148            280515         Council Ranger's Report April 2015

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Business Services Officer         

 

Summary:

 

The following is the Council’s Ranger’s report regarding Council’s Companion Animal Activities and listing of penalty notices issued by Council’s Ranger for April 2015.

 

Recommendation:

 

That Council’s Ranger’s report for April 2015 be received and noted by Council.

 

 

 

Cats

Dogs

COUNCIL’S SEIZURE ACTIVITY

 

 

Seized (doesn’t include those animals dumped or surrendered)

         0

0

Returned to Owner

0

0

Transferred to - Council's Facility from Seizure Activities

0

0

ANIMALS IN AND ARRIVING AT COUNCIL'S FACILITY

 

 

Animals In Council's Facility - (Start of Month)

0

6

Abandoned or Stray

1

9

Surrendered

0

0

Animals transferred from Seizure Activities

0

0

Total Incoming Animals

1

15

ANIMALS LEAVING COUNCIL'S FACILITY

 

 

Released to Owners

0

4

Sold

1

2

Released to Organisations for Rehoming

0

0

Died at Council's Facility(other than euthanased)

0

0

Stolen from Council's Facility

0

0

Escaped from Council's Facility

0

0

Other

0

0

EUTHANASED

 

 

Restricted Dogs

 

1

Dangerous Dogs

 

0

Owner’s Request

0

0

Due to Illness, Disease or Injury

0

1

Feral/infant animal

0

0

Unsuitable for rehoming

0

2

Unable to be rehomed

0

2

Total Euthanased

0

6

Total Outgoing Animals

0

12

TOTAL IN COUNCIL'S FACILITY - (END OF MONTH)

0

3

 

 

April 2015

PARKING & OTHER

REGO NO.

PN NUMBER

INFRINGEMENT DETAILS

PENALTY $

DATE ISSUED

AD-54-CV

3106925333

Park longer than permitted

104.00

7/04/2015

ANE-80E

3106925342

Park longer than permitted

104.00

7/04/2015

BR-74-DR

3106925351

Park longer than permitted

104.00

7/04/2015

BN-09-TX

3106925360

Park longer than permitted

104.00

7/04/2015

AW-11-MX

3106925370

Park longer than permitted

104.00

7/04/2015

QQH-111

3106925389

Park longer than permitted

104.00

7/04/2015

BIM-33K

3106925398

No angle park as on parking control sign

104.00

7/04/2015

BL-04-AR

3106925407

No Parking

104.00

7/04/2015

TSS-748

3106925416

No angle park as on parking control sign

104.00

7/04/2015

BT-81-TF

3106925425

No Stopping

242.00

7/04/2015

AWA-63Q

3106925434

No angle park as on parking control sign

104.00

13/04/2015

QYC-861

3106925443

No angle park as on parking control sign

104.00

14/04/2015

BX-77-PT

3106925452

No angle park as on parking control sign

104.00

14/04/2015

QAF-830

3106925499

No angle park as on parking control sign

104.00

16/04/2015

YAS-889

3106925480

No Parking

104.00

16/04/2015

BN-38-JF

3106925461

No Parking

104.00

17/04/2015

5072 -TT

3106925470

No Stopping

242.00

20/04/2015

CSW-11Y

3106926561

No angle park as on parking control sign

104.00

28/04/2015

ATF-83E

3106926516

No angle park as on parking control sign

104.00

28/04/2015

AI-68-LW

3106926552

No angle park as on parking control sign

104.00

28/04/2015

BC-67-DR

3106926543

No angle park as on parking control sign

104.00

28/04/2015

LSS-77S

3106926534

No angle park as on parking control sign

104.00

28/04/2015

AZ-37-CT

3106926525

No angle park as on parking control sign

104.00

28/04/2015

YFJ-360

3106926507

No angle park as on parking control sign

104.00

28/04/2015

 

 

TOTAL VALUE OF PENALTIES:

 2772.00

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager's Report

ITEM 9.14    SF841              280515         Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

The information concerning the response from the Parliamentary Secretary for Transport and Roads be received.

 

 

OPTIONS:

 

There are no real options.  Council has made a number of representations in relation to the issues which have not been accepted.

 

DISCUSSION:

 

At Council’s meeting on 12 March 2015 it was resolved to 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.

 

It will be recalled that the RMS as a matter of policy do not obtain from councils’ Section 603 certificates which indicate the outstanding rates on the land which are owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same time that Council was owed approximately $15,000 in outstanding rates.  There were then further issues in relation to two other partial acquisitions wherein the standard contracts were unclear as to the liability for the further rate instalments in the particular financial year.  Again the problems could have been overcome if the contracts had made provision for the payment of rates for the remainder of the financial year.

 

The Parliamentary Secretary for Transport and Roads has now responded to Council’s resolution which was communicated via a letter from the Mayor.  The Parliamentary Secretary refers to a discussion between the Mayor and the Infrastructure Property Manager at Roads and Maritime Services and notes that land acquisition within the Nambucca Shire Council local government area is now complete.

 

A copy of the relevant correspondence in relation to the issue is attached.

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts on the environment.

 

Social

 

There are no social impacts.

 

Economic

 

There are no economic impacts.

 

Risk

 

The issues arose because of the risks presented to local government finance by RMS procedures on partial property acquisitions for the Pacific Highway upgrade.  It was Council’s submission that these risks could be easily overcome by relatively minor changes to their procedures.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

With minor changes to RMS procedures, the Council would have secured a further $9,000 in outstanding rates and charges.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The report does not recommend that any additional staff resources be spent writing letters in relation to the matter.

 

Attachments:

1

14413/2015 - Response from Parliamentary Secretary for Transport and Roads

 

2

8896/2015 - Letter to Premier & Ors

 

3

4623/2015 - Response from Parliamentary Secretary

 

4

34567/2014 - Problems With Partial Acquisition Of Land By The RMS

 

  


Ordinary Council Meeting - 28 May 2015

Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 


Ordinary Council Meeting - 28 May 2015

Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

OFFICE OF THE MAYOR

 

Enquiries to:     Cr Rhonda Hoban

Phone No:       6568 0214

Mobile:            0408 661 412

Email:              mayor@nambucca.nsw.gov.au

Our Ref:          SF841

 

 

 

25 March 2015

 

 

 

The Hon Mike Baird MP

Premier of NSW

GPO Box 5341

SYDNEY   NSW   2001

 

 

Dear Premier

 

ISSUES WITH PARTIAL ACQUISITION OF LAND BY THE RMS FOR THE PACIFIC HIGHWAY UPGRADE

 

Reference is made to the enclosed response from the Hon Ray Williams MP, Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

Nambucca Shire Council has made a number of representations concerning the practice of the RMS to not obtain from Councils’ Section 603 certificates which indicate the outstanding rates on the land owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and the property is scheduled to be sold at a forthcoming auction sale of land for unpaid rates and charges which is to be conducted on 22 April 2015. 

 

Council has also been involved in a rating dispute with property owners who argued that the balance of their rates for the financial year should be reduced because of the acquisition of part of their land.  However, Section 62 of the Valuation of Land Act 1916 provides that Council’s rate levy can only be based on values appearing in valuation lists furnished on or before 1 July of the year in which the Council levies the rates.  There are good practical reasons for the provisions of Section 62 in that the State Government requires Council to operate within a fixed cap for rate revenue which is determined before the rates are made for the ensuing financial year.  Acting on supplementary valuations through the financial year would prevent Council from operating within its rate peg limit.

 

Council’s issue is that none of these disputes would have arisen if the RMS obtained Section 603 rate certificates for partial acquisitions and at the date of acquisition undertook a reconciliation of the rates for the entire financial year and not just up until the date of settlement.  This is the normal process for property acquisitions.

 

Council’s concern with the response from the Parliamentary Secretary for Transport and Roads is that it simply re-states the RMS policy; notes the disputes and then paradoxically advises that the dispute is a matter for Council and the land owner to resolve.


 

2

 

The Hon Mike Baird MP

25 March 2015

 

 

With respect, if the suggestions put forward by Council were heeded there would not be a dispute to resolve.  Neither would Council be about to sell by auction for unpaid rates an occupied house.

 

The Council continues to make representations on the matter because a relatively minor procedural change on the part of the RMS will secure substantial rate revenues owed to councils.

 

At Council’s meeting on 12 March 2015 it was resolved to advise you of Council’s disappointment with the lack of regard shown by the attached response to protecting the financial interests of councils and providing clarity as to the rate liability arising out of partial land acquisitions.

 

Yours faithfully

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 

Enc  

 

 


Ordinary Council Meeting - 28 May 2015

Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

OFFICE OF THE MAYOR

 

Enquiries to:     Cr Rhonda Hoban

Phone No:       6568 0214

Mobile:            0408 661 412

Email:              mayor@nambucca.nsw.gov.au

Our Ref:          SF841

 

 

 

25 March 2015

 

 

 

The Hon. Luke Foley, MLC

Leader of the Opposition

Parliament House

Macquarie Street

Sydney NSW 2000

 

 

Dear Mr Foley

 

ISSUES WITH PARTIAL ACQUISITION OF LAND BY THE RMS FOR THE PACIFIC HIGHWAY UPGRADE

 

Reference is made to the enclosed response from the Hon Ray Williams MP, Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

Nambucca Shire Council has made a number of representations concerning the practice of the RMS to not obtain from Councils’ Section 603 certificates which indicate the outstanding rates on the land owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and the property is scheduled to be sold at a forthcoming auction sale of land for unpaid rates and charges which is to be conducted on 22 April 2015. 

 

Council has also been involved in a rating dispute with property owners who argued that the balance of their rates for the financial year should be reduced because of the acquisition of part of their land.  However, Section 62 of the Valuation of Land Act 1916 provides that Council’s rate levy can only be based on values appearing in valuation lists furnished on or before 1 July of the year in which the Council levies the rates.  There are good practical reasons for the provisions of Section 62 in that the State Government requires Council to operate within a fixed cap for rate revenue which is determined before the rates are made for the ensuing financial year.  Acting on supplementary valuations through the financial year would prevent Council from operating within its rate peg limit.

 

Council’s issue is that none of these disputes would have arisen if the RMS obtained Section 603 rate certificates for partial acquisitions and at the date of acquisition undertook a reconciliation of the rates for the entire financial year and not just up until the date of settlement.  This is the normal process for property acquisitions.

 

Council’s concern with the response from the Parliamentary Secretary for Transport and Roads is that it simply re-states the RMS policy; notes the disputes and then paradoxically advises that the dispute is a matter for Council and the land owner to resolve.

2

 

The Hon. Luke Foley, MLC

25 March 2015

 

 

With respect, if the suggestions put forward by Council were heeded there would not be a dispute to resolve.  Neither would Council be about to sell by auction for unpaid rates an occupied house.

 

The Council continues to make representations on the matter because a relatively minor procedural change on the part of the RMS will secure substantial rate revenues owed to councils.

 

At Council’s meeting on 12 March 2015 it was resolved to advise you of Council’s disappointment with the lack of regard shown by the attached response to protecting the financial interests of councils and providing clarity as to the rate liability arising out of partial land acquisitions.

 

Yours faithfully

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 

Enc  

 


 

OFFICE OF THE MAYOR

 

Enquiries to:     Cr Rhonda Hoban

Phone No:       6568 0214

Mobile:            0408 661 412

Email:              mayor@nambucca.nsw.gov.au

Our Ref:          SF841

 

 

 

25 March 2015

 

 

 

The Hon. Andrew Stoner MP

Member for Oxley

PO Box 3120

WEST KEMPSEY NSW 2440

 

 

Dear Mr Stoner

 

ISSUES WITH PARTIAL ACQUISITION OF LAND BY THE RMS FOR THE PACIFIC HIGHWAY UPGRADE

 

Reference is made to the enclosed response from the Hon Ray Williams MP, Parliamentary Secretary for Transport and Roads on the matter of outstanding rates following partial land acquisitions for the Pacific Highway upgrade.

 

Nambucca Shire Council has made a number of representations concerning the practice of the RMS to not obtain from Councils’ Section 603 certificates which indicate the outstanding rates on the land owed to Council.  In one instance this resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and the property is scheduled to be sold at a forthcoming auction sale of land for unpaid rates and charges which is to be conducted on 22 April 2015. 

 

Council has also been involved in a rating dispute with property owners who argued that the balance of their rates for the financial year should be reduced because of the acquisition of part of their land.  However, Section 62 of the Valuation of Land Act 1916 provides that Council’s rate levy can only be based on values appearing in valuation lists furnished on or before 1 July of the year in which the Council levies the rates.  There are good practical reasons for the provisions of Section 62 in that the State Government requires Council to operate within a fixed cap for rate revenue which is determined before the rates are made for the ensuing financial year.  Acting on supplementary valuations through the financial year would prevent Council from operating within its rate peg limit.

 

Council’s issue is that none of these disputes would have arisen if the RMS obtained Section 603 rate certificates for partial acquisitions and at the date of acquisition undertook a reconciliation of the rates for the entire financial year and not just up until the date of settlement.  This is the normal process for property acquisitions.

 

Council’s concern with the response from the Parliamentary Secretary for Transport and Roads is that it simply re-states the RMS policy; notes the disputes and then paradoxically advises that the dispute is a matter for Council and the land owner to resolve.


 

2

 

The Hon. Andrew Stoner MP

25 March 2015

 

 

With respect, if the suggestions put forward by Council were heeded there would not be a dispute to resolve.  Neither would Council be about to sell by auction for unpaid rates an occupied house.

 

The Council continues to make representations on the matter because a relatively minor procedural change on the part of the RMS will secure substantial rate revenues owed to councils.

 

At Council’s meeting on 12 March 2015 it was resolved to advise you of Council’s disappointment with the lack of regard shown by the attached response to protecting the financial interests of councils and providing clarity as to the rate liability arising out of partial land acquisitions.

 

Yours faithfully

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 

Enc  

 

 

 

 

 


Ordinary Council Meeting - 28 May 2015

Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 



Ordinary Council Meeting - 28 May 2015

Issues with the Partial Acquisition of Land by the RMS for the Pacific Highway Upgrade

 

OFFICE OF THE MAYOR

 

Enquiries to:        Cr Rhonda Hoban

Phone No:           6568 0214

Mobile:                0408 661 412

Email:                 mayor@nambucca.nsw.gov.au

Our Ref:             SF841

 

 

 

19 November 2014

 

 

 

The Hon Duncan Gay MLC

Minister for Roads

GPO Box 5341

SYDNEY   NSW   2001

 

 

Dear Minister

 

PROBLEMS WITH PARTIAL ACQUISITION OF LAND BY THE RMS FOR THE PACIFIC HIGHWAY UPGRADE

 

Nambucca Shire Council has previously made representations in relation to the process followed by RMS staff in undertaking partial property acquisitions for the Pacific Highway upgrade.

 

I now ask that you seek a change to the RMS administrative arrangements to ensure that both outstanding rates and rates due in the current financial year are paid up as part of the contracted settlement for partial property acquisitions.  Council also resolved to request the RMS to pay the balance of rates payable on any of the properties they acquire.

 

A matter of concern to Nambucca Shire Council is the practice of the RMS not to obtain Section 603 Certificates which indicate the outstanding rates on the land which may be owed to Council.  In one instance this has resulted in the RMS paying a substantial settlement to a property owner for a partial acquisition at the same time that Council was owed approximately $15,000 in outstanding rates.  Those rates are still outstanding and Council is proceeding with an action to sell the property for unpaid rates. 

 

More recently, Council has received representations from Mr Noel and Mrs Joy Sheather of Old Coast Road, Macksville and Mr Barry McIlwain of River Street, Macksville concerning the contracts they entered into with the RMS for the partial acquisition of their respective properties.

 

An extract of their contract with the RMS provides that the vendor is to pay all rates, taxes and outgoings up to and including the completion date (this includes the payment in full of the quarterly installment of rates and charges for the period including the completion date) but is silent as to who is responsible for the payment of rates for the balance of the year.

 

Council has been advised that the settlement for the partial acquisition of the Sheather property occurred on 12 December 2013 and settlement for the partial acquisition of the McIlwain property occurred on 17 December 2013.  Both the Sheathers’ and Mr McIlwain advised Council that they would not pay either installment as they do not believe they are liable and further, that the valuation of their land post acquisition diminished and even if they are liable for the rates they should not be liable for the same amount given the diminished valuation.

 

2

 

The Hon Duncan Gay MLC

Minister for Roads

19 November 2014

 

 

Nambucca Shire Council is concerned that issues with the payment of rates associated with partial acquisitions by the RMS continue to occur when they could be simply resolved by contractual arrangements which provide for all outstanding and levied rate payments to be paid on date of settlement.

 

Council does not accept the position of RMS staff that Council is just a “third party” creditor who they can have no particular regard to.  My understanding is that Nambucca Shire Council is a public authority operating under authority delegated by the NSW Government in the same way as Roads and Maritime Services.

 

My belief is that public authorities answerable to the State should be having regard for the respective interests of the other authority and in particular where relatively minor changes to the administrative process of one authority could provide substantial benefit to the other.

 

I look forward to your consideration of Council’s request.

 

 

Yours faithfully

 

 

 

 

 

RHONDA HOBAN

MAYOR

 

RH:ms

 


Ordinary Council Meeting                                                                                                     28 May 2015

General Manager

ITEM 9.15    SF1480            280515         Transfer of Encroachment Licence from Shibba to Dennien - 26 Swimming Creek Rd, Nambucca Heads

 

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

 

Summary:

 

Council at its meeting on 7 April 2011 resolved:

 

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

 

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

 

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

 

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

 

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

 

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

 

On 16 October 2014 Council did resolve to endorse a new licence agreement for the encroachments but excluding Ms Gee’s dwelling.

 

Council has now been advised that Mr Dennien has purchased Ms Gee’s dwelling with settlement occurring on 23 April 2015.

 

The matter was considered by Council at its meeting on 30 April and it was resolved that the matter be deferred to the next Council meeting so the terms of the licence can be included in the report.

 

Council has now received from Crown Lands the terms of the new licence agreement.  In essence the Crown is insisting on the removal of the encroaching (Gee) dwelling now that the sale of the dwelling from Gee to the Dennien Superannuation Custodian Pty Ltd has taken place.  This is reflected in clause 25.6 of the licence which provides that the licensee shall not permit any further residency or another person or persons to reside on the premises.  Clause 56.3 of the licence requires that the licensee not permit the encroachments to be used other than by the bona fide permanent residence of the owners who were bona fide permanent residents at the commencement of the licence.

 

 

Recommendation:

 

1.       That Dennien Superannuation Custodian Pty Ltd be directed to remove the encroaching           dwelling (formerly owned by Gee) within 3 months.

 

2.       That Dennien Superannuation Custodian Pty Ltd be directed to submit a revised survey plan which deletes the land containing the encroaching dwelling (formerly owned by Gee) from the land the subject of the licence agreement.

 

3.       Upon removal of the encroaching dwelling (formerly owned by Gee) and the submission of a revised survey plan, that Council as Corporate Manager of the Nambucca Heads (R88941) Public Reserve Trust enter into the attached licence agreement with any necessary amendments, and attach Council’s seal as required and forward to Crown Lands for Ministerial consent.

 

 

 

OPTIONS:

 

Given the existing encroachment licence lapsed on 31 May 2014 it is important for insurance and other reasons that the continuing use of the encroached land by the caravan park be resolved.  The three possible options are:

 

1.         Proceed as per the previous arrangements being a licence agreement for all of the encroachments

2.         Not endorse a licence agreement and require the removal of all of the encroachments

3.       Adopt the third alternative which is recommended by the Crown being to exclude the dwelling formerly owned by Gee from the proposed licence agreement.

4.      

 

Council has already received representations that the existing residents of encroaching dwellings wish to remain at the caravan park.

 

DISCUSSION:

 

At Council’s meeting on 17 July 2014 it was resolved that Council defer a decision on this matter until after an onsite inspection has been held and that the park owner be requested to attend the onsite meeting. 

 

Arrangements were made with the new owner, Mr Barry Dennien who lives interstate, to attend a site inspection on 31 July 2014.  Mr Dennien has also advised that in relation to the claims of Ms Gee, as a consequence of a CTTT hearing on 27 August 2012, there was a settlement reached which is expressed in a confidential legal agreement.

 

There was a site inspection as part of Council’s meeting on 31 July.  Council heard delegations from Ms Vicki Gee, Ms Louise Robinson, Ms Chels Marshall and Mr Barry Dennien.  The Council then resolved to defer the matter to 28 August 2014 pending receipt of information from Ms Gee in regard to the legal document relating to Ms Gees dwelling and the encroachment.  Further, that the report is to clarify whether or not a Council order exists for the relocation of Ms Gee’s dwelling.  Further, the report is to provide the conditions of the previous licence, in particular in relation to the removal of encroachments within the three year life of the licence and that the report also provides the proposed conditions of the five year licence.

 

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

 

The matter was then considered by Council at its meeting on 16 October 2014 and it was resolved as follows:

 

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

 

Council noted that Ms Gee agreed to this arrangement and further, that Ms Gee is to provide a written undertaking within 21 days agreeing to the exclusion of her dwelling from the encroachment licence.  Pending receipt of the written agreement from Ms Gee and the Crown, that Council issue of Notice of Intention to Serve an Order to remove the dwelling and that a period of three (3) months (from the date of the order) be provided for this.”

 

A written undertaking was then sought from Ms Gee but this was not received.

 

At Council’s meeting on 15 January 2015 it was resolved that the matter 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.

 

Council has now been advised that Mr Dennien has purchased Ms Gee’s dwelling with settlement occurring on 23 April 2015.  Mr Dennien is now requesting that Council change its previous resolution of 16 October 2014 which required that Ms Gee’s dwelling be excluded from the new licence agreement.

 

The matter was reported to Council’s meeting on 30 April to finalise but it was resolved that it be deferred to the next Council meeting so the terms of the licence can be included in the report.

 

Council has now received an amended licence agreement from Crown Lands for execution.  The amended licence agreement is attached.

 

The Property Management Project Officer of Crown Lands has advised as follows:

 

“As Dennien Superannuation Custodian Pty Ltd (DSCPL) has negotiated the purchase of Ms Gee’s dwelling NSW Trade and Investment, Crown Lands considers that it is no longer appropriate for officers to attend the Council meeting on 14 May 2015.

 

DSCPL are no in a position to relocate this dwelling within the boundary of the Nambucca Beach Holiday Park.

 

I trust that Nambucca Shire Council as Corporate manager of the Nambucca Heads (R88941) Public Recreation Trust has advised DSCPL of their obligation to relocate the dwelling and Council in its capacity as local planning authority is arranging the provision of information and any requirements for the amendment of the section 68 approval for operation of the Holiday Park.

 

As per our discussion today please find attached amended draft Trust Licence for Removal of Holiday Park Encroachments to DSCPL over part Reserve 88941.

 

Could you please check, confirm and if required update the information shown in red and review and consider the amendments to Clauses 9, 13(d), 25.6 and 32 and Special Conditions.

 

Once Council as Corporate manager of the Trust has reviewed the document and negotiated the tenure with representatives of DSCPL the Trust will be in a position to prepare a report to the Trust for resolution.

 

I look forward to receiving an update in relation to the outcome of these negotiations and providing requirements for Crown Lands to process approval in principle for the final draft Trust Licence under provisions of Section 102 of the Crown Lands Act, 1989, prior to the preparation of the report to the Trust.

 

Should you require any further information or clarification in relation to this matter please contact me.

 

Signed Property Management Project Officer, Far North Coast

NSW Trade & Investment, Crown Land”

 

With the removal of the dwelling formerly owned by Gee as an encroachment, there will need to be a revised plan of survey and there will also be a revised rent being a pro-rata reduction based on the area removed from the licence agreement.

 

Clause 25.6 of the licence provides that the Licensee shall not permit any further residency or another person or persons to reside on the Premises.  The practical enforcement of this provision has been previously questioned.  Whilst the obligation is on the Licensee, Council is not privy to the sale of premises or to changes in the persons residing in the premises.   It has already been the case that premises on the encroached land have been sold.  The dwelling owned by Ms Gee was also sub-let without any notice being provided to the Council as the Trust.

 

There needs to be further consultation with Crown Lands in relation to Clause 32 of the Licence as it purports to provide that all improvements and tenant fixtures remain the property of the Licensee.  The improvements are not owned by the Licensee but are owned by the caravan park tenant.

 

CONSULTATION:

 

There have been previous consultation/representations involving:

 

·                                                        Department of Lands (Grafton office)

·    The previous owner being Mr Ian Watson

·    The new owner Mr Barry Dennien

·    Ms Vicki Gee

·    Other tenants affected by the encroachment

·    The Nambucca Heads Local Aboriginal Land Council

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are potentially significant social issues if the encroaching dwellings are required to be relocated.

 

Economic

 

The recommendation has no significant economic implications.

 

Risk

 

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

 

FINANCIAL IMPLICATIONS:

 

The recommendation maintains the existing rental return.

 

Direct and indirect impact on current and future budgets

 

This report has no direct impact on current or future budgets

 

Source of fund and any variance to working funds

 

No funds or variances required.

 

Attachments:

1

14775/2015 - Amended Draft Trust Licence as at 21 May 2015

 

  


Ordinary Council Meeting - 28 May 2015

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

 

 

Nambucca Heads (R88941) public recreation reserve trust

 

 

 

 

 

 

 

And

 

 

 

 

 

 

 

DENNIEN SUPERANNUATION CUSTODIAN PTY LTD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LICENCE AGREEMENT FOR OCCUPATION OF LAND FOR REMOVAL OF HOLIDAY PARK ENCROACHMENTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting - 28 May 2015

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

 

 

AGREEMENT dated ................................................. day of                                      , 2015

 

 

 

BETWEEN          NAMBUCCA HEADS (R88941) PUBLIC RECREATION RESERVE TRUST

(hereinafter called the “Licensor”)

 

AND                DENNIEN SUPERANNUATION CUSTODIAN PTY LTD ([INSERT ACN/ABN IF APPLICABLE])

(hereinafter called the “Licensee”)

 

 

THE PARTIES AGREE AS FOLLOWS.

1          INTERPRETATIONS, DEFINITIONS AND ADMINISTRATION

          Authority for grant of Licence

1.1       The Licensor warrants

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

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

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

Effect of Instrument

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

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

2    DEFINITIONS

In this Licence unless the contrary intention appears:

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

Base Annual Rent means:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Licence means this licence including all Schedules and Annexures hereto;

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

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

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

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

Minister means the Minister administering the Crown Lands Act 1989;

Party/Parties mean the parties to this Licence;

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

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

Regulations mean the Crown Lands Regulation 2006;

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

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

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

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

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

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

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

3        CONSTRUCTION

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

3.1.1  Plurals

Words importing the singular include the plural and vice versa;

3.1.2  Gender

Words importing any gender include the other gender;

3.1.3    Persons

A reference to a person includes:

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

and

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

3.1.4  Headings

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

3.1.5    Clauses and sub-clauses

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

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

3.1.6    Time

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

3.1.7    Money

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

3.1.8    Defined Terms

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

3.1.9    Writing

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

3.1.10  Contra Preferentum

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

3.1.11  Statutes

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

 

3.1.12  Licence

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

3.1.13  Priorities

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

3.2       Warranties and Undertakings

(a)        The Licensee warrants that it:

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

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

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

3.3       Further Assurances

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

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

3.4       Relationship of Licensor and Licensee

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

3.5       Time to be of the Essence

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

4          SEVERABILITY

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

5        ESSENTIAL CONDITIONS OF LICENCE

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

6        PERMITTED USE

6.1       Grant of Licence

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

6.2     Permitted Use only

The Licensee shall not:

(a)        use the Premises;

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

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

6.3     No exclusive possession

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

7        COMMENCEMENT OF LICENCE AND TERM

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

8          NO RIGHT TO PURCHASE OR TRANSFER OF LICENCE RIGHTS

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

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

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

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

9          LICENSEE TO YIELD UP

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

9.2     The Licensee shall:

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

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

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

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

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

10        TERMINATION OF LICENCE - S109 TO APPLY

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

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

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

11       TERMINATION OF LICENCE ON DEFAULT

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

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

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

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

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

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

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

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

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

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

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

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

(c)        doing both.

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

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

12      ACCEPTANCE OF RENT NOT WAIVER

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

13      HOLDING OVER BY LICENSEE

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

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

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

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

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

(d)        The term of the tenancy created by operation of this clause is limited to twelve months from the date specified in Column 2 of Item 17 of Schedule 1 of the licence.

14        LICENSEE'S RENT AND OUTGOINGS

14.1     Licensee to Pay Rent

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

14.2     Goods and Services Tax

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

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

14.3     Rent and Adjusted Rent

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

14.4     Calculation of Annual Rental Adjustment

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

where:

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

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

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

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

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

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

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

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

14.5     Market Rent Review

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

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

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

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

14.6   Rent Rebate for Charitable or Non Profit Organisations

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

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

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

15      CONTINUING OBLIGATION

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

16        NO REDUCTION IN RENT

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

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

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

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

17        LICENSEE TO PAY RATES

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

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

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

18        LICENSEE TO PAY OTHER CHARGES

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

19        LICENSEE TO PAY FOR SERVICES

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

20        LICENSEE TO PAY COST OF WORK

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

21      COSTS PAYABLE BY LICENSEE TO LICENSOR

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

(a)        the preparation and completion of this Licence;

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

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

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

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

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

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

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

22        COSTS PAYABLE BY LICENSOR

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

23        INTEREST ON OVERDUE MONEYS

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

24        MANNER OF PAYMENT OF RENT AND OTHER MONEYS

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

25      OBLIGATIONS AND RESTRICTIONS RELATING TO PREMISES

25.1   Access

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

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

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

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

25.2   Entry by the Public

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

25.3     Additions and Alterations

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

25.4     Maintenance of Premises and Enclosed Areas

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

25.5     Licensee to erect barricades etc

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

25.6     No further residence on Premises

The Licensee shall not permit any further residency or another person or persons to reside on the Premises.

25.7     Licensee not to remove material

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

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

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

25.8     Licensee not to burn off

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

25.9     Rodents and Vermin

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

26        ADVERTISING

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

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

27        NOTIFICATION OF ACCIDENT

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

28        LICENSEE NOT TO COMMIT NUISANCE ETC

The Licensee shall not:

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

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

(c)        use the Premises for any illegal activity.

29        HAZARDOUS SUBSTANCES

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

30        RELICS

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

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

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

31        ARTEFACTS

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

32        OWNERSHIP AND REMOVAL OF TENANT FIXTURES AND IMPROVEMENTS

(a)        During the Term of Agreement and any extension of it, ownership of Improvements and Tenant Fixtures vests in the Licensee. Notwithstanding anything contained in this Licence, the Licensee shall be entitled to remove any of the Improvements and Tenant Fixtures or fittings from the Premises.

(b)        Upon expiry of the Licence all Improvements and Tenant Fixtures remain the property of the Licensee.

33        GENERAL REQUIREMENT TO REPAIR

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

34        BREAKAGES

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

35        INDEMNITIES AND INSURANCE

35.1     Indemnity for use of Premises

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

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

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

35.2     Indemnity Continues After Expiration of Licence

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

35.3     Exclusion of Consequential Loss

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

36        INSURANCE - PUBLIC RISK

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

37        PROVISIONS RE POLICIES

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

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

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

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

38        INDEMNITY FOR NON-COMPLIANCE WITH LEGISLATION

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

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

39        INDEMNITY FOR BREACH OF ENVIRONMENTAL LAW

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

40        NO LIABILITY FOR FAILURE OF SERVICES

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

41        LICENSEE NOT TO IMPOSE LIABILITY ON LICENSOR

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

42        RELEASE OF LICENSOR FROM LIABILITY

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

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

43        LICENSOR’S WARRANTIES AND COVENANTS

43.1     Hazardous Chemicals

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

44        LICENSOR'S POWERS AND FUNCTIONS

44.1     Approval by Licensor

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

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

45        APPLICATION OF CERTAIN STATE AND COMMONWEALTH LAWS

45.1     Proportionate Liability

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

45.2     Licensee to Comply with all Commonwealth and NSW State Laws

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

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

45.3     Licensee to Comply with Environmental Laws

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

(a)        comply with relevant Environmental Law;

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

(c)        report any breach even if accidental; and

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

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

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

45.4     Licensee’s Failure to Comply with Statutory Requirements

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

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

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

46        NOTICES

46.1     Service of Notice on Licensee

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

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

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

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

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

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

46.2     Service of Notice on Licensor

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

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

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

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

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

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

46.3     Notices

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

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

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

47        PROCEDURE - DISPUTE RESOLUTION

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

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

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

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

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

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

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

MISCELLANEOUS

48        NO MORATORIUM

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

49        NO WAIVER

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

50        NO MERGER

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

51        COUNTERPARTS

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

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

52        CONTACT PERSON

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

53        APPLICABLE LAW

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

54        NO HOLDING OUT

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

55      WHOLE AGREEMENT

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

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

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

56      SPECIAL CONDITIONS

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


SCHEDULE 1

Item

Clause

Column 1

Column 2

1

2

Licensor

Nambucca Heads (R88941) Public Recreation Reserve Trust

2

2

Licensee

Dennien Superannuation Custodian Pty Ltd

3

2

Market Rent Value

[INSERT $xx pa]

4

2

Rent Rebate Value

Nil

5

2

Initial Rent (to be paid by Licencee)

[INSERT $xx pa]

6

2

Due Date

2 April 2014 and each anniversary of this date in each year of the Term of Agreement

7

14.4

Annual Rental Adjustment

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

8

14.5

Market Rent Review Date

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

9

24

Address for Payment of Rent

OR

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

c/- Nambucca Shire Council

PO Box 177, Macksville NSW 2447

 

Name of financial institution: National Australia Bank

BSB: 082-684

Acc no: 03592-6305

Account in name of: Nambucca Shire Council General Account

10

46.1

Licensee’s address for Service of Notices

 

c/- Nambucca Beach Holiday Park

26 Swimming Creek Road,

Nambucca Heads NSW 2448

Attention: Mr Barry Dennien

Phone: [Insert Phone No]

Facsimile: [Insert Facsimile No]

Email: [Insert Email address]

11

46.2

Licensor’s address for Service of Notices

 

c/- Nambucca Shire Council

44 Princess Street, Macksville NSW 2447

Attention: General Manager

Phone: 02 6568 2555

Facsimile: 02 6568 2201

Email: council@nambucca.nsw.gov.au

12

36

Public Risk Insurance amount

$20 Million

13

52

Licensor’s Contact Person

Mr Wayne Lowe

Property Officer

14

52

Licensee’s Contact Person

Mr Barry Dennien

Director

15

6

Permitted Use

Removal of Holiday Park Encroachments

16

7

Commencement Date

2 April 2014

17

7

Expiry Date

1 April 2019

18

2

Term of Agreement

Five (5) years

19

5

Essential Conditions of Licence

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

20

25.2

Entry by the public

N/A

 

 

End of Schedule 1


Schedule 2 Special Conditions

 

Operation of Premises

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

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

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

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

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

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

56.5     Should the Licensee become aware of further Encroachments within the Premises the Licensee shall be responsible for and shall take immediate action to remedy the Encroachment.

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

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

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

Licensee to pay Costs of Licensor

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

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

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

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

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

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

Removal of Encroachments

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

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


 

Aboriginal Land Claims

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

Easement for Pipeline

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

 

 

End of Schedule 2


Dated this                                                 day of                                    , 2015

 

THE COMMON SEAL of Dennien Superannuation Custodian Pty Ltd was affixed in the presence of:

 

 

THE COMMON SEAL of Nambucca Shire Council as Corporate manager of Nambucca Heads (R88941) Public Recreation Reserve Trust  was affixed pursuant to a resolution passed the [Insert Day] day of [Insert Month], 2015

in the presence of

 

Signature

 

Print Name

 

Office Held

 

 

First Signatory

 

Print Name

 

Office Held

SIGNED BY THE LICENSEE in the presence of

 

Signature of Witness

 

Print Name                                                      

 

 

Print Address of Witness                                 

 

 

 

 

Second Signatory

 

Print Name

 

Office Held

 

Ministerial Consent*

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

Dated this                                                day of                                     , 2015

 

 

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

 

Print Name of delegate

 

Print Position of Delegate

 

 

 

 

 

 

 

 

 

PREMISES APPENDIX

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

 

Descriptions of Land

Reserve Number

Part Reserve 88941

Lot & Deposited Plan

Part Lot 7003 DP 1113130 and part Lot 7001 DP 1117183

Parish

Nambucca

County

Raleigh

Locality

Nambucca Heads

Street Address

26 Swimming Creek Road, Nambucca Heads NSW 2448

Licence Area

2401 square metres

Plan of Licence area

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

Third Party Exclusive Area

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